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HomeMy WebLinkAboutSW8090903_Current Permit_20220318FAWCOaPEIL Goverwr �r BRIAN VMNN Dhow March 18, 21022 BC & RT, L LC Attn: Raffles d O. Trask, Jr., Manager 6336 Oleander Drive Suite 1 Wilmington, NC 28403 NCRTH CaA Subject; Permit Renewal Pest Cam Stermwater A s gemeat Permit No. SW8 090903 Southbridge Master Association Ow County Dear Mr. Trask: The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on March 9, 2022. The Division is hereby notifying you that permit SW8 09W3 has been renewed, updated, and reissued on March 18, 2022, as attached. Please be aware that the renewal and re -issue of this stormwater permit doors not amply that the site is currently in compliance. This permit shall be effective mil December 31, 2029 and does not supersede any other agency permit that may W required. The project shall be subject to the conditions and limitations as speed tom. This permit does not impose new or increased stormwater Control requirements; it clarifies the mules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division.. If any parts, require s, or limitations contained in this permit are unacceptable, you have the right to request as adjling by filing a written petition with the Office of Administrative Hearings (OAH). The wrutbm petition mist conform to Chapter 150B of the North Carolma General Stag and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questiew regarding the filing fee (if a Ong fee is required) and/br the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via tAcphone at 919�-431-3000, or visit their website at www.NCOAH.ccmra. Ualess such demands are made this permit shall be foal and binding. If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office at (910) 796-7215 or ashleym-simi&@ncdenr.gov Sincerely,CAZ&---� �% % /`1""'[ Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclestnw. . Aftadment A — Des*='s Certification Form Attachment B — Bulk-Upm Area Alkncion AWwbment C — Permitting History Renewal Applicatim Documents Mims- \\\&armwater\Permris & Pm ts\2009\090903 HD\2022 03 permit 09f19U3 cc: Wilmington Regional Office Stormwater File North Cooka DgwWt"d of Eewao e W QuahW f Divisbn a-Enc y; Mk ml andLand Iles wcr— WHmwgtoQEe91+rW Safi% I. t27 c and nW Drive ExurmOn I Wftngtan. Worth Com na 26405 _ '_,' sue ' %0796.72 Post -Construction Stormwater Management Permit No. SW8 090903 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION 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 BC&RT, LLC South Bridge Master Association Off NC 172, Sneads Ferry, Ons/ow County FOR THE construction, operation and maintenance of two (2) wet detention ponds, two (2) infiltration basins acting as secondary BMP's, and one (1) sand filter with an associated filter strip in compliance with 15A NCAC 2H .1000, effective October 1, 2008 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until December 31, 2029 and shall be subject to the following specified conditions and limitations. 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 condition. 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. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Sections 1.7, 1.8 and 1.9 of this permit. The subdivision is permitted for 21 lots, each limited to a maximum amount of built -upon area as indicated in Section II. IS (f) of this permit. lb 3. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. The wet ponds, designated as #7-12, and #13A/B, have been designed to treat the runoff from 489,500 ft2, and 499,117 ft2 of BUA respectively. The sand filter designated as Sand Filter 1 (SF 1) has been design to treat 43,911 ft2 of BUA. Page 1 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 4. A 50' wide vegetative buffer must be provided adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of banks of streams and rivers and the mean high water line of tidal waters. 5. For each wet pond and sand filter stormwater runoff in excess of the design storm must flow overland through a vegetative filter strip with a minimum length of 50', measured from the mean high water line of SA waters. The filter strip and level spreader must be designed per NCAC 2H.1008 (f) to pass the peak flow from the 10 year storm in a non -erosive manner. 6. The discharge from the wet detention ponds in DA 7-12 and DA 13A/B shall be directed to an infiltration basin designed as a secondary BMP. The discharge from the secondary BMP is not considered a direct discharge to SA waters. The secondary BMPs are described in Section 1.8 of this permit. 7. The following design elements have been permitted for the wet detention pond stormwater facilities, and must be provided and maintained at design condition: Design Criteria Pond #7-12 Pond #13A/B a. 7.1 C. d. e. f. 9• h. i. j• k. I. m. n. o. p- q r. S. Drainage Area, acres: Onsite, ft2: Offsite, ft2: 19.08 831,270 0 14.42 628,197 0 Total Impervious Surfaces, ft2: Buildings / Lot BUA, ft2: Roads / Parking, ft2: Sidewalks, ft2: Other, ft2: Future, ft2: 489,500 44,500 53,700 0 0 391,300 499,117 0 0 0 0 499,117 Average Pond Design Depth, feet: 5 6 TSS removal efficiency, W 90 90 Design Storm, inches: 3.67 3.67 Permanent Pool Elevation, fmsl: 19 18 Permanent Pool Surface Area, ft2: 44,967 32,418 Permitted Storage Volume, ft3: 176,836 154,618 Temporary Storage Elevation, fmsl: 22.25 21.75 Permitted Forebay Volume, ft3: 42,827 35,330 Controlling Orifice Diameter, inches: 4 4 Average Orifice Flow Rate, cfs 0.43 0.46 Pre-dev.1 yr - 24hr peak discharge, cfs: 2.34 11.42 Maximum Fountain horsepower h 75 .75 Receiving Stream: UT Everett Creek River Basin: New River Stream Index Number: 19-32 Classification of Water Body: SA; HQW Subject to SA? Yes Yes Page 2 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 8. The following design elements have been permitted for the infiltration basins being used as the required secondary BMP for wet ponds #7-12 and #13A/B, to treat the discharge from the wet pond. Each element must be provided and maintained at design condition: Design Criteria Units Infiltration Basin #7-12 Infiltration Basin #13A/B Drainage Area Onsite Offsite Acres ft2 ft2 19.08 831,270 0 14.42 628,197 0 Total Impervious Surfaces ft2 489,500 499,117 Design Storm in. 3.67 3.67 Basin Depth ft. 2.5 4 Bottom Elevation FMSL 12.5 11 Bypass Weir Elevation FMSL 14.75 14.75 Bottom Surface Area ft2 7,082 9,058 Required Storage Volume ft3 42,863 14,688 Permitted Storage Volume ft3 42,863'" 19,654 Storage Elevation FMSL 14.75 14.75 Expected Infiltration Rate in/hr 2 2 Time to Draw Down Days 4.17 3.4 SHWT FMSL 10.8 10.8 Type of Soil Mary n Leon The infiltration basins serving the ponds in DA 7-12 and DA 13A/B are interconnected via pipe, therefore the total permitted storage volume is the sum of these amounts, or 62,517 ft3. Individual amounts are allocated according to their respective required volumes. Page 3of14 Post -Construction Stormwater Management Permit No. SW8 090903 9. The following design elements have been permitted for the sand filter stormwater, and must be provided and maintained at design condition: Design Criteria SF 1 a. Drainage Area, ac. On -site, ft2 Off -site, ft2 1.79 77,772 0 b. Total Impervious Surface, ft2: Buildings, ft2 Roads / Parking Sidewalks, ft2 Existing, ft2 Offsite, ft2 43,911 19,600 24,311 0 0 0 c. Design Storm, inches 3.67 d. Sediment chamber depth, ft 2.67 e. Sand chamber depth, ft 2 f. Sediment chamber bottom elevation, fmsl 4 g. Sand chamber bottom elevation, fmsl 4.67 h. Sediment chamber surface area, ft2 1,201 i. Sand chamber surface area, ft2 5,006 j. Weir elevation, fmsl 7 k. Maximum head on filter, ft 2 I. Permitted storage volume, W 14,701 m. Orifice diameter, in. 4 n. Drawdown time, hrs. 12.42 o. SHWT, fmsl 4.83 p. Permeability - sand (ft./day) 3.5 q. Impermeable liner Yes r. Subject to SA? Yes s. Receiving Stream UT Everett Creek t. River Basin New River u. Stream Index Number 19-32 v. Stream Classification SA; HQW II. SCHEDULE OF COMPLIANCE The permittee shall maintain compliance with the overall BUA limit for the project as indicated in this permit and the supporting documentation. The permittee shall monitor the project's built - upon areas, and verify that the proposed built -upon area for the entire project and for each lot does not exceed the maximum allowed by this permit. If any lot is found to have exceeded the permitted BUA limit for that lot, the permittee shall notify the lot owner in writing and require resolution. Page 4 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 2. If an Architectural Review Board or Committee is set up by the permittee, the lot plans reviewed must include all new and subsequent additions to the lot, and must show all proposed built -upon area. Any approvals given by the Board or Committee on behalf of the permittee do not relieve the lot owner of the responsibility to maintain compliance with the BUA limit for that lot established by the permit and set forth in the recorded deed restrictions. Where the BUA per lot in the recorded deed restrictions differs from the permit, the permit will govern. 3. 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. 4. 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. 5. The permittee shall submit to the Director of DEMLR 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. Redesign of or addition to the approved amount of built -upon area (BUA). This includes, but is not limited to: an increase of BUA on any lot over and above the maximum permitted amount; increases to the paved width of streets or sidewalks; and the addition of new streets, sidewalk or curb and gutter where none had been approved; b. Any change to the layout or location of the subdivision lots, streets, or stormwater conveyance system or easements; c. Any change in the permitted number of lots; d. Further subdivision, acquisition or sale of the project area; e. Alteration of any component of the stormwater conveyance system from its permitted and approved condition; f. Excess piping on any lot; g. The development of any amenity areas, recreation facilities or future areas noted on the approved plans. The built -upon area assigned in this permit to those areas may not be exceeded and the revised plans for the development must demonstrate compliance with the low density stormwater rules and available guidance; h. Any deviation from the approved grading plan. 6. All stormwater collection and treatment systems must be located in public rights -of -way, or dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 8. 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. 9. 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 Page 5 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 10. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. Any problems that are found shall be repaired immediately and reported to DEMLR within 24 hours in accordance with the O&M Agreement. The approved Operation and Maintenance Agreement 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 re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 11. After a wet detention pond is established, it must be inspected once per month and within 24 hours after every storm event greater than 1.5 inches. Any necessary maintenance items must be addressed at that time. 12. Records of operation and maintenance should be kept in a known set location and must be available upon request. The records will indicate the date, activity, name of person performing the work and what actions were taken. Copies of the maintenance records must be submitted quarterly to the Regional DEMLR Stormwater Supervisor, including pictures to demonstrate compliance. 13. 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. 14. Decorative spray fountains are allowed in the pond, subject to the following criteria: a. The minimum permanent pool volume is 30,000 cubic feet. b. The fountain must draw its water from less than 2' below the permanent pool surface. C. 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. d. The fountain may not be placed into the forebay. e. The failing water from the fountain must be centered in the main pond, away from the shoreline. f. The maximum horsepower for a fountain in all ponds is 3/4 horsepower. 15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of recording. The recorded copy must contain all of the statements as outlined in Section 11.20 of this permit, the signature of the Permittee, the deed book number and page, and the bear the stamp/signature of the Register of Deeds. Page 6 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 16. Prior to the sale of any lot covered by this permit, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 090903, 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 State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is shown in the table below: Lot Tract # BUA/Lot Single Family Tract PH III 62 3,000 63 3,000 64 3,000 65 3,000 66 3,000 67 3,000 68 3,000 69 3,000 70 3,000 71 3,000 72 3,000 73 3,000 74 3,000 75 3,000 Residential Tract PH 1 76 2,800 77 2,800 78 2,800 79 2,800 80 2,800 81 2,800 82 2,800 g. 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. h. For those lots within CAMA's Area of Environmental Concern, where DCM calculates a different maximum lot built -upon area, the governing lot BUA shall be the most restrictive of the two numbers. 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. Page 7of14 Post -Construction Stormwater Management Permit No. SW8 090903 k. Each lot within any designated non-residential subdivision covered by this permit, whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Energy, Mineral and Land Resources and receive a permit prior to any construction on the lot. 17. 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. III. GENERAL CONDITIONS 1. CORRECTIVE ACTIONS REQUIRED. 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. 2. PERMIT RENEWAL. 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). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. T RANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the perrnit holder- rneeiing one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. Page 8 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. 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. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. 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. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. Page 9 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 OTHER PERMITS. 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. Permit renewed, updated and reissued this the 18th day of March 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION &6z a 24 Brian WreM,ire r Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 090903 Page 10 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 Southbridge Master Association Stormwater Permit No. SW8 090903 Onslow County Attachment A Designer's Certification Page 1 of 4 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 11 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 Certification Requirements: Wet Detention Ponds Page 2 of 4 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built - upon area. 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. cc: NCDEQ-DEMLR Wilmington Regional Office Onslow County Building Inspections Page 12 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 Certification Requirements: Infiltration Basins Page 3 of 4 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built - upon area. 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 bypass structure weir elevation is per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the 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. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. cc: NCDEQ-DEMLR Wilmington Regional Office Onslow County Building Inspections Page 13 of 14 Post -Construction Stormwater Management Permit No. SW8 090903 Certification Requirements: Sand Filters Page 4 of 4 1 The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 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 sand filter elevations are per the approved plan. 6. The sand filter is located per the approved plans. 7. A trash rack is provided on the outlet/bypass structure. 8. For open sand filters, 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 and located 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. cc: NCDEQ-DEMLR Wilmington Regional Office Onslow County Building Inspections Page 14 of 14 Attachment C Permitting History Southbridge Master Association Permit No. SW8 090903 Approval Date Perind Action BI1v4 Version caption of the c alf 9/3/2010 Original 1.0 Approval The conversion of a previously approved commercial area in DA 7-12 to 14 single family lots numbered 62-75, called Phase III of the project. The DA and BUA for Pond 7-12 changed as a result; A ditch carrying runoff from Phase III to the DA 7-12 pond is being piped to eliminate the erosion problems; The pond serving DA 7-12 is being updated to reflect new topographic information. Minor adjustments to the shape were made. New pond design information is added to the permit; Contours, BUA and DA for Pond 13 were changed. New topographic information is currently not available for the area surrounding Pond 13, therefore, prior to construction of Pond 13, the permittee shall submit revised topographic plans showing Pond 13 tied to the new survey; Contours, BUA and DA for Pond 14 were changed. The DA has been increased by 1.03 acres to account for the runoff from 6 lots in Phase II at 3,000 sf per lot, which will (after development) drain into this pond. The BUA decreased from 548,957 sf to 469,860 sf, Corrected the permitted total 2/24/2012 Modification number of lots to 80. Lots 17 and 37 were removed from the lot listing. Lot 82, which had been inadvertently left out, was added back in; Corrected the numbering of the lots on the plans to avoid duplication of previously permitted lot numbers; The expiration date has been extended per Session Laws 2009-406 and 2010-177; The permeable pavement deed restriction statement has been removed from the permit. The permittee has not yet modified the permit to allow the use of permeable pavement; The approved plan set consists of the following: The previously approved Phase I plan sheets C-1 (r. 8/25/10), C-2 (r.8/31/10), C-6 through C-9 (all rev.6/15/10), C-17 through C-20 (all rev. 8/25/10), C-21 (dated 3/5/10), C-22 (r. 6/16/10), C-23 and C-24 (both dated 3/5/10), and revised Phase I plan sheets DA, Lot numbers, C-3 through C-5, and C-14 through C-16, all sealed ; Multi -Family Apartment plan sheets CO, C1.1, C1.2, C1.3, C1.5, and C4.1; Phase III plan sheets CO, C1, and C1.1. Plan Reallocation of Impervious Area: addition of 20, 218 onsite building/lots; addition of 30, 11/19/2013 Revision 1.2 010 onsite parking; addition of 7, 779 onsite sidewalks; leaving 87, 882 square feet for future bua Piped Area to Swale: 130 linear feet of pipe has been converted to a swale. (Sheet C1); 9/8/2015 Modification 1.3 Split into three permits: SW8 0909093, SW8 150412, SW8 150413; SW8 150413 has been further subdivided into four (4) tracts and a new offshe permit: SW8 150414 has been issued to drain offske to SW8 150413 3/18/2022 Renewal 2.0 Expires December 31, 2029 Permit Number: (5109,073 (to be provided DW Drainage Area Number:�'- Infiltration Bas;i.n 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 will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly,. six weeks), — No portion of the infiltration basin will be fertilized after the inivJ-iddi nation IV is required to establish the vegetation. Cj � .i I — The vegetation.in and: around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it 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. element: Potential roblem:How I will remediaEe the roblem:The entire BMP Trash/debris is resent Remove thetrash debris. [BMP The perimeter of the nfilixation basin Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a The inlet device: pipe or The pipe is clogged (if one-time fertilizer application. Unclog the pipe, Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable), smooth it over and provide erosion control devices such as reinforced turf rpatting or riprap to avoid future problems with erosion. APR 2 3 zub Fn— RW401-infiltration Ain_(4& - :Eev.3 IMEC IVE AUG 4 2014 Pagel BY: BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems, Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than s ra in . The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. 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- 90utlet. 733-1786. p�,�7 W*.W Ar R I ' 2015 BY Form SW401-Infiltration Basin O&M-Rev.3 ECG V AUG 1 2014 BY: age 2 of Permit Number: Jr W 9 Q `fi o ci U 3 (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:South Bridge Subdivision - Phase I BMP drainage area number:##7412 Print name:Raiford G. Trask Jr. Title:Manaaer of BC & RT, LLC and Trustee Address:1202 Eastwood Road Wilmington, NC 28403 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I,tMA1 a Notary Public for the State of County of do hereby certify that Tpersonally appeared before me this day o ,'- and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official al ,,, u CJ' VO 1j��Pf l {�T 1� Y NthVF..�R�,VVt% " SEAL My commission expires._ V S- 6 6 - I Lj Form SW401-Infiltration Basin O&M-Rev.3 se , ' APR 2 2015 EC AUG 14 2% BY: Permit Number: : 1A ? 61 &S (to be provided DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement NIJ-T , �- , I will keepa maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BW 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 BAD. The wet detention basin system is defined as- the wet detention basin,`, pretreatment including forebays and the vegetated filter if one is provi, This system (check one): k. ®does p g El not incor orate a vegetated filter at the outlet. This system (check one): ❑ does ® does not :incorporate pretreatment other than a forebay. 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. r� Once a year, a dam safety expert should inspect the embankment. 1Z ' After the wet detention pond is .established, it should be inspected once arr 4 htl� within 24 hours after every storm event greater than 1.0 inches (or 1.5 inch if in a Qs Coastal County). Records of operation and maintenance should be kept in a kn`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: The entire BMP The perimeter of the wet detention basin Potential roblem: Trash debris is present. Areas of bare soil and/or erosive gullies have formed. How I will remediate theproblem: Remove the trash/debris. 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 lon Maintain vegetation at a height of a roximatel six ' e Form SW401-Wet Detention Basin O&M-Rev.4 AUG 420bel, 4 RY: Permit Number: C W 9 t M CI (to be provided by DWQ) Drainage Area Number: BMW element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or Swale 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 Swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the original design depth for sediment and remedy the problem if possible. Remove the sediment anti sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap 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 show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc, 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 hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50 % of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of the basin surface. with pesticide (do not spray). APR Z EC I�VE Form SW401-Wet Detention Basin O&M -Re AUGe 4 BY: Permit Number: 5 w 9 0 Q o q 01 (to be provide �iy DWQ) Drainage Area Number: esj� BMP element; The embankment Potential roblem: Shrubs have started to grow on the embankment. How I will remediate the problem: Remove shrubs immediately. Evidence of muskrat or beaver activity is present, Use traps to remove muskrats and consult a professional to remove beavers. A tree has started to grow on the embankment. Consult a dam safety specialist to remove the tree. An annual Inspection by an appropriate professional Make all needed repairs. shows that the embankment needs re air, if applicable) The outlet device The receiving water Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Erosion or other signs of damage have occurred at the outlet. Re air or replace the outlet device. Contact the local NC Division of Water Quality Regional Office, or the 401 Oversight Unit at 919-733- 17$6. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 11______-00 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3 ., feet in the forebay, the sedup eshall be removed. = BASINDIAGRAM APR z� 2plg 5 (fill in the blanks) Y. . Sediment Removal Bottom 16 Pe anen --------------- -- Volume 14 ft Min. Sediment Storage i+OREBAY Form SW01-Wet Detention Basin O&M-Rev.4 Permanent Pool Elevation 19.00 Pool ----SedimentRemovalElevation8Volum Bottom Elevation MAIN POND RECEIVED JAN 21 2010 1 '7C IVE q, Pa4.4 A 4 2014 BY: 1-ft Storage Permit Number: �09 ' (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:South Bridge Subdivision - Phase I BMP drainage area number:7-12 Print name:Raiford G. Trask, Jr. Title:Manager of BC & RT, LLC and Trustee Address:1202 Eastwood Road Wilmington NC 28403 Date: I D,-. 2-0 o 1 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, A M.M . , 111 `�_: , a Notary Public for the State of County of I� 1�1 rj �, , do hereby certify that personally appeared before me this day 1 b�,Tr , W1, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, ,r n pU 10 �': APR z 2015 �IOVO- too 10111111111101 SEAL My commission expires_ 0 5- h L Iq ECIVE Form SW401-Wet Detention Basin O&M-Rev.4 AUG VOW BY: Permit Number: -5W 9 09 93 p -? (to be provided by DW Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement MUT ---W I will keep a maintenance record on this BMP. This maintenance record will be kept:n a log in a known set location. Any deficient BNT 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 will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be 5 watered'twice weekly if needed until the plants becomeestablishec,$n�y six weeks), cc 10 — No portion of the infiltration basin will be fertilized after the initial ferAi -on that is required to establish the vegetation. `�.. — The vegetation in and around the basin will be maintained at a heiglpA"'''~ approximately six inches. After the infiltration basin is established, it 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 the roblem: The entire BMP Trash/debris is present. Remove the trash debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application, The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale ,(if applicable), smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid f future problems with erosion. F„ APR 2 � 2015 AUG -4 2014 BY: Form SW401-Infiltration Basin O&M -Revs BY: BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75 % sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds arq present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying, The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are growing in the main Remove the plants by hand or by wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. 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. APR 2q1. Form SW401-Infiltration Basin O&M-Revk E - Iv AUG ' 2014 Page 2 of 3 BY: Permit Number: we 01 "J `? O e (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:South Bridge Subdivision - Phase I BMP drainage area number.13A & 13B Print name:Raiford G. Trask, Jr. Title:Manager of BC & RT; LLC and Trustee Address:1202 Eastwood Road Wilminaton NC 28463 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, M of , a Notary Public for the State of ' County of do hereby certify that personally appeared before me this day of and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, �U . B L\' APR 2 2015 SEAL My commission expires 7IVE AUfG1 2014 BY:Form SW401-Infiltration Basin O&M-Rev.3 of 3 Permit Number: -:!5W 6 026 3 (to be p,r�m��ided by DWQ) Drainage Area Number; Wet Detention Basin Operation and Maintenance Agreement Ml_ #CgL1,3 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. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provi y' This system (check one): , does ❑does not incorporate a vegetated filter at the outlet. This system (check one):' ❑ does ® does not incorporate pretreatment other than a foreba . 1 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 theplants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - I£ the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shoald beminimized 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 4�,nt d p within 24 hours after every storm event greater than 1.0 inches (or 1.5 ins ' Coastal County).Records of operation and maintenance should be kept i� known s ? p p 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: The entire BMP The perimeter of the wet detention basin Potentialproblem: Trash debris is resent. Areas of bare soil and/or erosive gullies have formed. How I will remediate the roblem; Remove the trash debris. 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 a roximatel six inches. Form SW401-Wet Detention Basin O&M-Rev.4 E IVI Page 1 AU 1 4 2014 RY: Permit Number: W 9 09 6 q 6 :1;, (to be provided by DWQ) " Drainage Area Number: (*?,A 4 t 3 S BMP element: I Potentialproblem: How I will remediate theproblem: The inlet device: pipe or Swale 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 swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap 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 s The vegetated shelf Best professional practices show that pruning is needed to maintain optimal plant Prune according to be rhi"ersial practices i .Q�d 'N f health. Plants are dead, diseased or dying. Determine the source a problem: soils, hydrology, ' ease, etc. 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 hand. If pesticide is used, wipe it on the Iants rather than spraying, The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the original design sediment sediment and remedy the problem if possible. Remove the sediment and storage depth, dispose of it in a location where it will not cause impacts to streams or the BMP. A1gaI growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50 % of the basin surface. with pesticide (do not spray). sr Form SW40I-Wet Detention Basin O&M-Rev.4 C EIVE AUG 201 o Paf BY: BMP element: The embankment Potentialproblem: Shrubs have started to grow on the embankment. How I will remediate the roblem: Remove shrubs immediately. Evidence of muskrat or beaver activity is present. Use traps to remove muskrats and consult a professional to remove beavers. A tree has started to grow on the embankment, . Consult a dam safety specialist to remove the tree. An annual inspection by an appropriate professional Make. all needed repairs, shows that the embankment needs repair. if applicable) The outlet device The receiving water Clogging has occurred. an out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Erosion or other signs of damage have occurred at the outlet. Re air or replace the outlet device. Contact the local NC Division of Water Quality Regional Office, or the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 14 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 5 feet in the forebay, the sediment shall bt- rpmoin-A BASINDIAGRAM (fill in the blanks) Sediment Removal a. 13 ----- ----- -- volumeBottom Elevatio I 1 -ft Min, Sediment Storage T, APR Permanent Pool Elevation 18.00 Permit Number: S w $ 01090T, (to be provi ed D Q) Drainage Area Number: �,� ``_ 3 Pool Sediment Removal Elevation 4 - - - - - Volume Bottom Elevation FOREBAY MAIN POND MT.. . D JAN 2� r U9q AUG Form SW40I-Wet Detention Basin O&M�Ae '" r BY: jVF_ 4 2014 -3of4 1-ft Storage Permit Number: {� VJ '� V of 0 . (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 parry. Project name:South Bridge Subdivision - Phase I BMP drainage area number:13A & 13B Print name:Raiford G. Trask, Jr. Title:Manager of BC & RT, LLC and Trustee Address:1.202 Eastwood Road Wilmington, NC 28403 Date: I I- / -J- - �_ o aq Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, MIA. Y3. 1 \1 IMD `S , a Notary Public for the State of County of r ) H. OJj MA- , do hereby certify that JC. , k personally appeared before me this �)_" day of _ N JIV J bA U ' , IML and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, ti I0.0.6 111161110 SEAL My commission expires U 5 -. b u_ I tI Form SW401-Wet Detention Basin O&M-Rev.4 ECE IVEA AUG 11 2014 BY: P ge 4 of 4 Permit Number: J'� � � � -3 A (to be provide by DWQ) Drainage Area Number; Sand Filter 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 will be carefully managed to reduce the sediment loaddto tli� s sand filter,F,o - Once a year, sand media will be skimmed. 0 - The sand filter media will be replaced whenever it fails to function propiakly afte'O,�, vacuuming. w. The sand filter will be inspected quarterly 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 the problexiv The entire BMP Trash/debris is present. Remove the trash/debris. The adjacent'pavement Sediment is present on the Sweep or vacuum the sediment as (if ap licablepavement surface, soon as possible, The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to sand filter erosive gullies have formed. 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 Maintain vegetation at a height of long. approximatelyappro?dmately six inches. The flow diversion The structure is clogged. Unclog the conveyance and dispose structure of any sediment off -site. The structure is damaged. Make any necessary repairs or replace if damage is too large for repair. The pretreatment area 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, Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are Ure ent. Remove the weeds, preferably by If a pesticide is used, wipe it o eplants rather than s ra ' g. Form SW401-Sand Filter O&M-Rev.3 I APR 2 2015 U mw_ E C ' IVE BY .Pagenf3 4 BMP element: Potentialproblem: How I will remediate theproblem: The filter bed and Water is ponding on the Check to see if the collector system underdrain collection system surface for more than 24 hours after a storm. is clogged and flush if necessary. If water still ponds, remove the top few inches of filter bed media and replace. If water still ponds, then consult an expert. The outflow spillway Shrubs or trees have started Remove shrubs and trees and pipe to grow on the embankment. immediately. The outflow pipe is clogged.. Provide additional erosion protection such as reinforced turf matting or ripxap if needed to prevent future erosion problems. The outflow pipe is damaged. Repair or replace the pipe. 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. fill APR 2 20,5 $Y:_ BY: . Foam SW401-Sand Filter O&M-Rev.3 Page 2 of 3 Permit Number: 6W 9 0 70<JD 3 (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:South Bridge Subdivision a BMP drainage area number 1 Print name:Raiford G. Trask, Jr. Title:Manaer of BC & RT. LLC and Trustee Address:1202 Eastwood Road. Wilmington, NC 28403 Date: dj�Q Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, Jtr `4. 74 . WeMa N , a Notary Public for the State of `APV41% Caro ti a 6 , County of 119 u? f. pp V E r , do hereby certify that IW AnrA G. Tros k ■ J r personally appeared before me this day of fir; . 'DO;LOOJ and acknowledge the due execution of the forgoing sand filter maintenance requirements. Witness my hand and official seal, ``����■...srfrrEr ` TA My commission expires 10 -10 -p'WQ2 Form SW401-Sand-Fitter O&M Rev.3 3 APR 2 201.5 BY -.- 4 BY: L.4 Page 3 of r Permit Number: ! 'W ,? O C1 p - (to be provided DWPJ Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader 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:i� 03 — Immediately after the filter strip is established, any newly planted vegetation "( 2 will be watered twice weekly if needed until the plants become estabiishe&( (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growtht' vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass .filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (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: The entire filter strip system Potentialproblem: Trash/debris is present. How I will remediate the oblem: Remove the trash/debris. The flow splitter device (if applicable) The flow splitter device is clogged. G'nclag the conveyance and dispose of any sediment off -site. The flow splitter device is damaged. Make any necessary repairs or replace if damage is too large for re air. APR 2 V 2015 RV• Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potential roblem: How I will remediate the obleta: The swaale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it Off -Site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and a one-time fertilizer a hcation. Trees or shrubs have begun Remove them. to grow on the Swale or just downslo a of the level Up. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. • Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. filter strip Grass is too short or too long Maintain grass at a height of (if a livable . a three to six inches. Areas of bare soil and/or Regrade the soil if necessary, to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time ferWmer application Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plaints :are desiccated. Provide additional irrigation and 'fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: sods, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if choldng out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Overs dght Unit at 919-733-1786. .�; APR ' R 2015 Form SWU401-Level Spreader, Filter Strip, Restored Riparian B . O&M Rev.3 age 2 of 3 Permit Number: W 9 'n ?d 9,0 (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:South Bridge Subdivision - Phase I BMP drainage area number: I Print name:Raiford G. Trask, Jr. Title:Manaaer of BC & RT, LLC and Trustee Address:1202 Eastwood Road Wilmington, NC 28403 Note: The legally responsible party should not be a homeowners. association unless more than 50% of thelots have been sold and a resident of the subdivision has been named the president. I, a Notary Public for the State of C County of �y f .l>� t Jft.n6U J r , do hereby, certify that ,` 1 } _ personally appeared before me this A day of , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, I° ;/?',) G 0-0 Q °a �gNOVE�,G:w`° SEAL M My commission expires V - n 6 _ I LI APR Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 UkMLK Wit: ONLY Date Emived Fee Paid Permit Number a5 °� I Sog, pq0,10 NC DEQ Division of Energy, Mineral and Land Resources ECEIVE STATE STOknnWATER: MAR 0 9 2022 PERMIT RENEWAL APPLICATION FORM BY:_ In accordance with 15A NCAC 2H.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: SW8 090903 2. Project name: Southbridge Master Association 3. Project street address: Off NC 172 City: Sneads Ferry County: Onslow ZIP: 28460 4. What, if any, changes have been made to the project as permitted? None 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 hftps://deg.nc.nov/aboutidivisions/energy- minerai-land-resources/energy-mineral-land-rules/stormwater-grogram/post-construction. 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. nttps:Noeo.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 Name/Organization: BC&RT, LLC 2. Signing Official's Name: Raiford G. Trask, Jr. 3. Signing Official's Title: Manager 4. Mailing Address: 6336 Oleander Dr., Suite 1 City: Wilmington State: NC ZIP: 28403 5. Street Address: 6336 Oleander Dr., Suite 1 City: Wilmington State: NC ZIP: 28403 6. Phone: (210J 799-8755 Email: madison(cD-traskiandco.com Stormwater Permit Renewal Form 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 HQ W/ORIM. 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: 1. A permit application processing fee of $505.00 payable to NCDEQ. 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. 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. 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. kv ,L, 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 built. 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). httos://www.sosnc.gov/online services/search/by title/ Business Registration F-CIVE MAR 0 9 20 8Y: Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION 1, GLA IAT U C , 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 and complete. Signature: Date: 3 1'q127- NOTARIZATION: I, IA1 Sm I�a�jl Q IA , a Notary Public for the State of 61 , County of New hanov — , do hereby certify that leb� & • Tm-%K this the q personally appeared before me day of , 20 22 , and acknowledge the due ex7WNorth ��` fitness my hand and official seal, TARY PUBLIC Hanover County (N Mina n Expires Aug. 30, 2022 4 4 �U Notary Signaturel� 1. My commission expires rECEIVE MAR 0 9 20 BY: Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 PermitNo.=dv ` (to be provided by DWQ ci',f W n.�9 STORMWATER MANAGEMENT PERMIT APPLICATION FORM HCDEHR 401 CERTIFICATION APPLICATION FORM _ INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, rifted out and submitted along with all of the required information. f`1,_.._...Ef�1INt`t7�i1A7I04�[ . , Project Name 8autb Drid ipi ubdiv(sion Contact Person JSdn;B "Fltnatall; P.,'. Phone Number lllDm9h9 603 Date 2Ftq: ;rv...,. Drainage Area Number #7-1-,SeCondalylrtflltraflon Site Characteristics Drainage area 831,27400 fe Impervious area A'091500,00 . I? Percent impervious 58.89 % Design rainfall depth Q —in Peak Flow Calculations 1-yr, 24-hr rainfall depth _ .167 in 1-yr, 24-hr intensity Q.51 inlhr Pre -development 1-yr, 24-hr discharge ft3/sec Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control 5.13 —fe/sec APR 0 15 Storage Volume: Non4A Waters Minimum design volume required 3 Design volume provided fe BY. Storage Volume: $A Waters 1.5" runoff volume 60264.19 ft3 Pre -development 1-yr, 24-hr runoff volume 4Z7.111W0 fe Post -development 1-yr, 24-hr runoff volume `14 ;4 6,38... fe Minimum required volume 134734.88 fe Volume provided 22,E 5.00 fe Need to provide additional volume Solis Report Summaryb� `� 1 Soil Type Mafiilym. Intiltrailonrate in/hr SNWT elevation fmsl r Basin Design Parameters Orawdown time . -6..46 . days Drawdovm is too long, 5 day ma .04llo1;d ft(J_ 11 Basin side slopes 3,pt) :1 OK Basin bottom elevation 12,5 fmsl OK Storage elevation .14..7$.... fmsl Storage Surface Area 11., i;—; o fe Top elevation T5.Qo fmsl Basin Bottom Dimensions Basin length 118.Q0 ft Basin width 92.00 ft Bottom Surface Area 8,539.00 ft G" �• Ny�,y -a � E AUG 1 2014 Form SW401-Innitralion 13asin-Rev.5 11Apr2011 BY. Parts I. & II. Design Summary, Page 1 of 2 Additional Information Maximum runoff to each inlet to the basin? Length of vegetative filter for overflow Distance to structure Distance from surface waters Distance from water supply well(s) Separation from impervious soil layer Naturally occuring soil above shwt Bottom covered with 4-in of clean sand? Proposed drainage easement provided? Capures all runoff at ultimate build -out? Bypass provided for larger storms? Pretreatment device provided Form 8W401-InfiKrat1on Basin-Rev.5 11Apr2011 NIA, ac-in NIA: ft 100+ ft 106 ft 100 ..(Y or N) (Y or N) (Y or N� (Y or N) Secoridafv': ' IiifiltraGo Permit No. (to be provided fay DWQ) Maximum of 2 acre -inches allowed OK OK OK OK OK OK OK OK OK OK Wet Pond AVG 1 2014 gY�— P wlaJ. & 1 n Summary, Page 2 of 2 .n Permit No. (to be provided by DW() 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, Page/ Plan Initials Sheet No. i{tr�°C�i C-3, GS► Ctto Vol 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), - Basin 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. t� b(03 2. Partial plan (1" = 30' or larger) and details for the infiltration basin showing: - Bypass structure, 021.1 � - Maintenance access,ft ,, „ - Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, API? - Flow distribution detail for inflow, - Vegetated filter, and - Pretreatment device. 3. Section view of the infiltration basin (1" = 20' or larger) showing: -%(twr - Pretreatment and treatment areas, and C t L. - Inlet and outlet structures. GMt_0 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. tOW 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. t�slRr 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. T 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. �Vta 9. A copy of the deed restrictions (if required). Form SW401-Infiltration Basin-Rev.4 VEUh AUG .1. 2014 Page 1 of 1 Part Ill. Requirell Items Checklist, Page 1 of 1 Permit No. `J � l✓7C1 (to be provided by DW(V VA& o�,pF.�„-. a rF,Q�c HCDENR41 STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION. BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part Ifil must be printed, tilled out and submitted along with all of the required Information. Project name Contact person Phone number Date Drainage area number Sotitft esidge Subdivision Jdfin S. Turislatl, P.E 2 Feb f. •' . . # .-12 . 11 Site Characteristics Drainage area 831;270 flz Impervious area, post -development fe % Impervious 58.89 % Design rainfall depth T 1;6 In Storage Volume; Non•SA Waters Minimum volume required ffs Volume provided ft3 Storage Volume; SA Waters 1.5° runoff volume 80,264 Rs Pre -development 1-yr, 24-hr runoff .121712, n3 Post -development 1 yr, 24-hr runoff 46: ffs Minimum volume required 134,735 f3 Volume provided 176,930. fts Peak Flow Calculations Is the pro/post control of the 1yr 24hr storm peak flow required? 1-yr, 24-hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intensity:1-yr, 24-hrstorm Pre -development 1-yr, 24-hr peak flow Post -development 1 yr, 24-hr peak flow Pre/Post 1yr, 24-hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation (approx, at the perm, pool elevation) I op of 1 Oft vegetated shelf elevation Bottom of I DR vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) Sediment cleanouL bottom elevation Sediment storage provided Is there additional volume stored above the state -required temp. pool? Elevation of the top of the additional volume Form SW01-Wet Detention Basin-Rev.9-9r17109 --- �Y �•�- (Y or N) In •0.20 (unitless) ...0 (unitless) 041 Inlhr OK - 2.34 h3lsec 7.47 feisec 5,13 ft9lsec 22.25 fmsl 19.00 fmsl 18:5tT fmsl it#,50 tmsl APR Z k 2015 Y. 1&50` fmsl Data not needed for calculation option 91, but OK If provided, ff'.00 fmsl 5.0 , fmsl Data not needed for calculation option #1, but OK If provided. 3.00 ft N (Y or N) fmsl EC IVE AUG, 1 O1O14 am 1. Qasfgn of 2 i -777 Permit No. (to be provided by 0WQ) Surface Areas Area, temporary pool 61,827 ftz Area REQUIRED, permanent pool 35,080 ft SAIDA ratio *22 (unitless) Area PROVIDED, permanent pool, Ap,,,_p., 44:067 if OK Area, bottom of 1 Oft vegetated shelf, AwL.,h.11 Area, sediment dearicut, top elevation (bottom of pond), AbOL_pnd Volumes Volume, temporary pool 11%A3 6, f e OK Volume, permanent pool, Vp.,LOd .920 fe Volume, forebay (sum of forebays if more than one forebay) 4?,82r fte Forebay % of permanent pool volume 19.1%% OK SAIDA Table Data Design TSS removal % Coastal SAIDA Table Used? (Y or N) Mountain/Piedmont SAIDA Table Used? :N (Y or N) SAIDA ratio 4.22 Witless) Average depth (used In SAIDA table): Caloulatlon option 1 used? (See Figure 10-2b) Y (Y or N) Volume, permanent pool, V,,,,,,d 224,365 ftr Area provided, permanent pool, A,,,,pw 44,967 ft' Average depth calculated ft. OK Average depth used In SAIDA, d., (Round to nearest 0.5ft) ft OK Calculation option 2 used? (See Figure 10-2b) .:N ..-.._(YorN) Area provided, permanent pool, Ap,,jd 44,967 e Area, bottom of 10ft vegetated shelf, ki,,wr 24,489 fe Area, sediment cleanout top elevation (bottom of pond), Abk,,w 7,694 f? "Depth' (distance b/w bottom of 10ft shelf and top of sediment) 10.50 ft Average depth calculated "Wo ft OK Average depth used In SAIDA, d,, (Round to nearest 0.5ft) OK Drawdown Calculations Drawdown through orifice? (Y or N) P Diameter of odfice (if circular) Area of orifice (if -non -circular) In In APR M, Coefficient of discharge (Co) Driving head (Hj m..OX- (unitless) TAB- ft 20 15 Drawdown through weir? 'N (Y or N) Weir type (unitless) Coefficient of discharge (Q r (unitess) Length of weir (L) ft Driving head (H) Pre -development 1-yr, 24-hr peak low ;84 felsec Post -development 1 -yr. 24-hr peak Dow r 47 if Iser, Storage volume discharge rate (through discharge orifice or weir) --944. felsec Storage volume drawdown time ulf days OK, draws down In 2-5 days. Additional Information ECEI E Vegetated side slopes :1 - OK Vegetated shelfslope 10 :1 OK Vegetated shelfwIdth 10.01111 OK AUG 14 14 Length of fiowpath to width ratio A OK Length to width ratio :1 OK Trash rack for overflow & orifice? Y (Y or N) OK BY. Freeboard provided l.,8 ft OK Vegetated filter provided? N .(YorN) OK Recorded drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -our? Y (Y or N) OK Drain mechanism for maintenance or emergencies Is: PumpLout Form SW401-Wel.Detentlon Basin-Rov.8-9/17/09 Parts I. & 11. Design Summary, Page 2 of 2 Permit No. (to be provided by owq) 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. Page/ Plan Initials Sheet No. &INe 3 1. Plans (1" - 60' or larger) of the entire site showing: 50CUTS - Design at ultimate build -out, - Off -site drainage (if applicable), t io - Delineated drainage basins (include Rational C coefficient per basin), - Basin 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. 470(O3 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: *04 5 - Outlet structure with trash rack or similar, e_ I b - Maintenance access,. - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin cross-section, rRik - Vegetation specification for planting shelf, and - Filter strip. APR 2. 2015 oia1�3 3. Section view of the wet detention basin (1" = 20' or larger) showing: ' - Side slopes, 3:1 or lower, BY; e—I b - Pretreatment and treatment areas, and -Inlet and outlet structures. t) 3 4. If the basin is used for sediment and erosion control during construction, clean out of the basin Is specified G� on the plans prior to use as a wet detention basin, yew tfr �t 4$ CA1Irs 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. dmf-s 7. The supporting calculations. Wt D60 8. A copy of the signed and notarized operation and maintenance (O&M) agreement. nE+� 9. A copy of the deed restrictions (If required). 10, A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil maps are not an acceptable source of soils information. (9) "tT` pk"f� 11ni t $IT6 $ Cal Cs,I C-1-M %-15i, tW f+owmii•., CRUI ULO o6n- r Form 3W401-Wet Detention Basin-Rev.8-9117/09 SUE ME 1114 ?114 Part III. qred [tems Check Page 1 BY: Permit No' (to be provIded by DWQ) STORMATER MANAGEMENT PERMIT APPLICATION FORM HCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted, Nv The Required items Chodklist (Part ill) must be printed, filled out and submitted along with all of the required information. 444 WoJ;7Na­me;-` ;Ion w Contact Person Phone Number Date Drainage Area Number Wit —a 0_10_fwtq�� 77 7 T ­771 Site Characteristics Drainage area 628ND 40 Impervious area 7 Percent impervious 79.45 % Design rainfall depth 10: In Peak Flow Calculations 1-yr, 24-hr rainfall depth 3,87: In 1-yr, 24-hr intensity 061 in/hr Pro -development I -yr, 24-hr discharge felsec Post: development 1-yr, 24-hr discharge felsec, Pro/Post I -yr, 24-hr peak Dow control 34.27 jelsec Storage Volume: Non -SA Waters Minimum design volume required Design volume provided fts Storage Volume: SA Waters 1.5' runoff volume AQQ76.09 fis Pre -development 1-yr, 24-hr runoff volume I Ob 1,8r fe Post -development 1-yr, 24-hr runoff volume .46-00813 ha Minimum required volume 137381.95 Volume provided J? Need to provide additional volume Solis Report Summary Soil type Infiltration rate 1,59. in/hr SHWT elevation fmsl Basin Design Parameters Drawdown time 439 days OK Basin side slopes 1100 : I OK ux• ugm Basin bottom elevation V1100 m fmsl OK Storage elevation 106. fmsl Storage Surface Area 14;20%00. fe Top elevation �16.0 fmsl t Lo Basin Bottom Dimensions Basin length 175..00 ft Basin width OU0 : ft Bottom Surface Area 8,068,00. R2 v. EG IVE APR 2 2015 AUG 4 2014 Form SW401-InfiltrationI3asIn,Rsv.5 11Apr2011 BY. By . - Parts I. & It. Design Summary, Page 1 of 2 Additional Information Maximum runoff to each inlet to the basin? Length of vegetative filter for overflow Distance to structure Distance from surface waters Distance from water supply well(s) Separation from impervious soil layer Naturally occuring soil above shwt Bottom covered with 44n of clean sand? Proposed drainage easement provided? Capures all runoff at ultimate build -out? Bypass provided for larger storms? Pretreatment device provided Form SW401-I011rMon Basin-Rev.5 11Apr1011 Permit No. (fo be provrded py DWQ) -N/A ac4n Maximum of acre -inches allowed N/A. ft OK f00+ ft OK 100. ft OK ft OK -..'N/A.' ft OK NIA ft OK (Y or N) OK Y.a::....: (YorN) OK :. or N) OK -,,(Y Y (Y or N) OK Aft6nnil4v: -WItia$nn• AMP _ Inflnw fmm Wot Annd 4)0# EC IE AUG14 2014 2of2 Permit No. (to be provided by DWQ) Please indicate the Daae or Dian 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. Page/ Plan In ti Is Sheet No. 01oia3 C-7, L 1q MEMO 4 1; 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), - Basin 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. 01clog 2, Partial plan (1' = 30' or larger) and details for the infiltration basin showing: - Bypass structure, - Maintenance access, -Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, , - Flow distribution detail for inflow, APR 2 - Vegetatedfilter, and ' 22m t�Y - Pretreatment device, CrI1663 3. Section view of the infiltration basin (1" 20' or larger) showing: � +� - Pretreatment and treatment areas, and - Inlet and outlet structures. CAW 4. A table of elevations, areas, Incremental volumes & accumulated volumes to verify the volume provided. pmi 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. 141A. B. A construction sequence that shows how the infitlration basin will be protected from sediment until the entire drainage area is stabilized. cprtcc 7. The supporting calculations. MR—Wi" 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. 9. A copy of the deed restrictions (if required). Fonn SW401-Infiltration Basin-Rev.4 Page 1 of 1 Part III. Required Items ChecI klist, Page 1 of 1 Permit No. a-:_'1 00 be pmvlded b Dl � III AIR& W A T�9 WDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM < 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form most be fiitad out, printed and submitted. The Required items Check& (Part UQ must be printed, fitted out and submitted along with a# of the required tnformaGon. Project name Contact person Stwth Bridge Sutidvislon Phone number 91043 9653i ; .'.. J©hn S. Funstall; Date 1913n 1z Drainage area number 13' t Site Characteristics Drainage area 6261g7 ff Impervious area, post -development fe % Impervious 79A5 96 Design rainfall depth Storage Volume: Non -SA Waters Minimum volume required fta Volume provided fta. Storage Volume: SA Waters 1.5' runoff volume Pre -development i-yr, 24-hr runoff fta Post -development 1-yr, 24-hr runoff A t2'989 h' Minimum volume required 137,3382 fe Volume provided f64�G'Cfl 6a Poak Flow Calculations, Is the prelpostoontroll of the 1 r 24hrstorm peaklow required? 1-yr, 24-hr rainfall depth 8.7. In j' 1 Rational C, pre -development Q, p: (unitless) APR 2 -A 2015 Rational C, post -development .... p ©>{uni0ess) 1 Rainfall intensity:1-yr, 24-hr storm 19.5 inlhr OK Pre -development 1-yr, 24-hr peak flow 11.42 ft isee BY: Post -development 1-yr, 24-hr peak flow 45.69 le/sec PWPost 1-yr, 24-hr peak flow control 34.27 ftalsec Elevations Temporary pool elevation .211.14 fmsl Permanent pool elevation SHWT elevation (approx. at the perm. pool elevation) 3;pv�I Top of 10ft vegetated ehelr elevation —" 14;0' fmsl Bottom of 10ft vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) .. 1.7;5 . fmsl Data not needed for calculation option #1, but OK If provided. Sedimentcleanout, bottom elevation 410 : fmsI *' fmsl Data not needed for calculation option #1, but OK if provided, Sediment storage provided 2.00 It Is there additional volume stored above the state -required temp. pool? N (Y or N) Elevutlon of the top of fire additional volume tmsl f Farts SW461-Wet Detention Basin-Rev.8-9/171ea rl AUG 1 4 29140 l rts I. & II. Design Mary, I 2 IBY: Permit No. (to be provided by DWQ) - Surface Areas Area, temporary pool 48,252 ftZ Area REQUIRED, permanent pool 28,897 ftZ SAIDA ratio 4.60 (unidess) Area PROVIDED, permanent pool, Ape,", pw 42,4:191? OK Area, bottom of 1 Oft vegetated shelf, AbeLu dr 19,460 fe Area, sediment deanout, lop elevation (bottom of pond), Ab,L w {;3g2 fe Volumes Volume, temporary pool -1:54,6:1.8. tt OK Volume, permanent pool, Vpem q j :18.H;987. fP Volume, farebay (sum of forebays If more than one forebay) 36,30 fe Forebay % of permanent pool volume 18.9% % OK SAIDA Table Data Design TSS removal � o % Coastal SAIDA Table Used? Y:, .' (Y or N) Mountain/Piedmont SAIDA Table Used? W.'- (Y or N) SAIDA ratio 4.60 (uni8ess) Average depth (used In SAIDA table): Calculation option 1 used? (See Figure 10-2b) Y - 7 (Y or N) Volume, permanent pool, Vpe,m_,w 186,567 ft3 Area provided, permanent pool, Apm_pw 32,418 fV Average depth calculated ___5;76 ft OK Average depth used In SAIDA, dm, (Round to nearest 0.5ft) =,: k it OK Calculation option 2 used? (See Figure 10-2b) N -` (Y or N) Area provided, permanent pool, Ap.,_,,d 32,418 IV Area, bottom of 1 Oft vegetated shelf, Aw A,1r 19,460 fO Area, sediment cleanout, top elevation (bottom of pond), Ab-p01 J 1,392 ftx "Depth" (distance b/w bottom of 10ft shelf and top of sediment) 13.50 ft Average depthcalculatod ,5.761 OK Average depth used in SAIDA, d., (Round to nearest 0.511) 6.0 ft OK Drawdown Calculations Drawdown through orlftco? YY - (Y or N) Diameter of odko (if circular) 4 00 In Area of orifice (If -non -circular) le Coefficient of discharge (Cc) 0 60 (unitless) Driving head (Hj 25, It Drawdown through weir? N : •. ` (Y or N) Welrtype (unitiess) Coefficient of discharge (Cw) (unitiess) Length of weir (L)Yft Driving head (H)ft Pre-developmentl-yr,24-hrpeakflow 'tIA O/sec Post -development 1-yr, 24-hr peak flow -45;69, ftslsec Storage volume discharge rate (through discharge orifice orwelr) U 47 its/sec Storage volume drawdown time 8,40 days OK, draws down in 2-5 days. Additional Information Vegetated side slopes Vegetated shelf slope & :1 �9 :1 ^— --- OK OK t �' Vegetated shelf width Length of flowpath to width ratio 1 f1Q: 11 3. :11_1 OK OK • 4 ��� Length to width ratio a.0 :1 OK k; 2 2��5 Trash rack for overflow & odgce? Y (Y or N) ... OK 9 13Y' Freeboard provided 2.3 tt OK Vegetated filter provided? N - (Y or N) OK Recorded drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? if (Y or N) OK Drain mechanism for maintenance or emergencies Is: Pump Out Form SW401-Wet Detention Basin-Rev.8017109 , r 4 AUG 1 2014 FAY:_ � i [ Permit No. (to be provided by D WQ) 111;..#t��U(r�lEtp'1T�MS_�. E�.Ktasi' �' :... ; �-�• . 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 Ini i s Sheet No. 051 C t'V 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), - Basin 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 iS�063, 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: 51111Vr 5 - Outlet structure with trash rack or similar, C51 G LP - Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, ; -Basin cross-section, � � j r or11 � . ��.. - Vegetation specification for planting shelf, and Filter strip. fill �� nnot 3 3. Section view of the wet detention basin 0" = 20' or larger) showing: �Y• 5 `` S*M - Side slopes, 3:1 or lower, CS +<44 - Pretreatment and treatment areas, and - Inlet and outlet structures. 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified s(terg1 rgy� ,g _ on the plans prior to use as a wet detention basin. cm LCI 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. W k 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. UL5_ 7. The supporting calculations. 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. D9vu_Lo&9. A copy of the deed restrictions (if required). JkmLLIEp 10. A soils report that !abased upon an actual field investigation, soil borings, and Infiltration tests. County soil maps are not an acceptable source of soils Information. Form SW401-Wet Detention Basin-Rev.8-9/17/09 EcEIVE AUG, 142014 1J v Part I Page 1 of 1 Pennif Number.S W a$O9p.3 r (to be provided by OWL) � OF WAT�rgQ ..AWEI!l �� G �e­ , NCDENR p STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM V1, �(���•� SAND FILTER SUPPLEMENT -` This form must be filled out on line, printed and submitted with all of the 1Tquired information. Make sure to also fill out and submit the Required Items Checklist (Section 111) and the I&MAgreement (Section IV) - t Project name South Britidge Subdivlslon-Phase I Contact name John,8, Tunstall; P.E. Phone number Date 8131120 (Revised 11.09.09) (Revised'02 Drainage area number Site Characteristics Drainage area (AD) .77,772.00 fe OK Impervious area 43,911.00 e % Impervious (Ir 56 5% % Design rainfall depth (RD) Win Peak Flow Calculations 1-yr, 24-hr runoff depth 3.67 in 1 -yr, 24-hr intensity — 0.115 in/hr Pre -development 1-yr, 24-hr runoff . 3:.52 fe/sec Post -development 1-yr, 24-hr runoff 6,54 a/sec Pre/Post 1-yr, 24-hr peak control 3.02 felsec Storage Volume Design volume (WQV) 121086:50 ft3 Adjusted water quality volume (WQVAdl) 9,064.88 OK Volume contained In the sedimentation basin and on top of the sand filter 12,414.00 Maximum head on the sedimentation basin and sand filter (hm Fire,) 2.00 ft OK ' Average head on the sedimentation basin and sand filter h�`— ( a) 1:00 it OK I .,. APR , Runoff Coeffident (Rv) � � g (unitless) � i � ���� Type of Sand Filter Open sand filter? o m j n YorN If this Is an open sand filter. The clearance between the bottom of the sand filter and the SHWT (daliwr) it Closed/pre-cast sand filter? y Y or N If this is a closed sand filter. The clearance between the bottom of the sand filter and the SHWT (dsHwr) 17 ff1GjP t t n e� 5 u P� t i pd) If this is a closed, underground closed sand filter., The clearance between the surface of the sand filter and the bottom of the roof of the underground n/a ft structure (dsp.) (:� r '?0/ .� 2S1 Form SW401-Sand Filter-Rev.4 13y' Parts I and II. Project Design Summary, Page 1 of 3 Permit Number.. t o'W 61 O'q 03 (to be provided by DINO) Sedimentation Basin Surface area of sedimentation basin (As) 1,201.00 fe Sand Filter Surface area of sand filter (AF) . 5,006.00 ft, Depth of the sand media filter bed (dF) 200 ft Coefficient of permeability for the sand filter (k) ' 3.60 (Nday) Time to drain the sand filter (t) 12.42 hours Time to drain the sand filter (t) 0.52 days Additional Information Does volume In excess of the design volume bypass the sand filter? y Y or N Is an off-line flaw -splitting device used? y Y or N Does volume In excess of the design volume flow evenly distributed through a vegetated filter? y Y or N What is the length of the vegetated filter? 50.00 it Does the design use a level spreader to evenly distribute flow? n Y or N Is the BMP located at least 30ft from surface waters (5011 if SA waters)? y Y or N If not a closed bottom, is BMP located at least 100ft from water supply wells? _ y Y or N Are the vegetated side slopes equal to or less than 3.1 Y Y or N Is the BMP located in a recorded drainage easement with a recorded access easement to a public Right of Way (ROW)? y Y or N What is the width of the sedimentation chamberlforebay (W&d)? . 35.00 It What is the depth of sand over the outlet pipe? . 1.83 It ,Sedimentation Chamber (or Forebrry) Flow —10- In-4itrr Soil ft «sad Figure 1. Open Sand Filter Water Table Sand Filter• Chat OutletPipe T2+ C6HWT OK. Meets minimum; but may need to be Increased to contain the required volume if error under Storage Volume section. OK. Meets minimum, but may need to be Increased to contain the required volume If error under Storage 'Volume section. OK. Submit drainage calculations. OK OK Do Show how flow Is evenly distributed. OK OK OK OK OK OK APR 2 1 2015 ;i BY: jam*`=A; AU1 1 r BY.____ Form SW401Sand Filter-Rev.4 Parts I and U. Project Design Summary, Page 2 of 3 Figure 2: Closed Sand Filter Permit Number. S W 9 60jog.61 (to be provided by DWQ) Wen• FloAv i Overinnd Flow Concrete (or other- st1•tletllral111aterial) Ll-Silo Moil Seasonably fliol Wnter Table Wntw• Saduuelltatioa Cllnutbaf (Fc t�ollacted (t�c9 sedbnents, Organics, Debris) Form SW401-Sand Filter-Rev.4 01-ates l`..V--J Sand Filter Chamber (Frapped Solids) k If 1NFw APR 2 � 2015 BY: F AJ 7 �Y q4` i. ,14 A BY: l� Parts I and II. Project Design Summary, Page 3 of 3 Permit No. SW$ 0269'6? (to be provided by DW() 'lease 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. Initials Pagel Plan Sheet No. 1. Plans (1" 50' or larger) of the entire site with labeled drainage area boundaries C1 1 - System dimensions (length, width, and depth) for both the sedimentation chamber and the filter chamber - Maintenance access, - Flow splitting device, Proposed drainage easement and public right of way (ROW), Design at ultimate build -out, - Off -site drainage (if applicable), and Boundaries of drainage easement. Cl 11 2. Plan details (1" = 50' or larger) for the sand filter showing; f - System dimensions (length, width, and depth) for both the sedimentation chamber and the filter chamber A06* wl•n CWLI-S - Maintenance access, - Flow splitting device, - Proposed drainage easement and public right of way (ROW), - Design at ultimate build -out, - Off -site drainage (If applicable), and - Boundaries of drainage easement. 3. Section view of the sand filter 0" = 29 or larger) showing; - Depth(s) of the sedimentation chamber and sand filter chamber, Depth of sand filter media Connection between the sedimentation chamber and the sand filter chamber, SHWT level(s) - Outlet pipe, and - Clearance from the surface of the sand filter to the bottom of the roof of the underground structure (if applicable) 4. 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. OL � y5• 5. Supporting calculations (including drainage calculations) 6. Signed and notarized operation and maintenance (0&M) agreement 7. A copy of the deed restrictions (if required). BY: BY. Form SW401-Sand Filter-Rev.4 Part III, Page 1 of 1 N&T #07063 South Bridge 8ubdivislon Stormwater Permit No. SW8 090903 Q08191 Comaly Designer's Certification State Stormwater Management Systems Permit NQ. 8we 0�= 'Page 'I of �_ I, John S. Tunstall, P.E. , as a duly registered professional Engineer In the State of North -Carolina, having been authorized to observe (periodically/Weekly/full time) the construedon'of the prajeot, South Bridge Subdivision - Pond #14 (Multi -Family Project) (Project) for BC & FAT, LC (Project Owner) hereby stale that, to the best of my abilities, due care and diligence was used In the observation of the project construction such that the oanstruotlon was observed to be built within substantial compliarfos 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; Due to survey topographical errors at the vegetated filter area, the 50' vegetated filter was installed incorporating retaining walls on the pond back slope. Balancing the pond slope and natural ground slope to wetland, retaining walls were installed at the North end and South end of the vegetated filter. The, vegetated filter meets NC DENR design intent and functions as required, Stormwater ! water was observed to flow to the wetlands at non -erosive velocity. Signature , 4; F�ssi0 Registration N mber 19851 4; o�. • Q. f- Date SEA1 : 19851 0 �0a. To: 4y • ... • • 5 �0 Stelte Stormwater Management Systems Permit Certification Requirements: Wet Detention Ponds Page 2 of IL 1. The drainage area to the system contains approximately the permitted acreage, 0"I JST/asn The drainage area to the system oontains no more than the permitted amount of.built upon area. All the bullt-u on area associated with the project Is graded such that the runoff drains fo the system, All roof drains are located such that the runoff Is directed Into the system, The outletthypass structure elevations are per the approved plan. The outlet structure Is located per the approved plans. Trash rack Is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. Vegetated slopas are no steeper than 3:1. The Inlets are located per the approved plans and do not cause short. ciraulting of the system. The ermined amounts of surface area and/or volume have been provided, Required drawdown devices are correctly sized per the approved plans. All required design depths are provided. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. The required dimensions of the system are provided, per the approved plan, cc: 'NCDENR - DWQ Regional Office Onslow County Building Inspections Dept. 07063 06-27-13-s-sw-cert: Pond #14 for Multi -Family Project N&T #07063 South Bridge Subdivision Stormwater Permit No. SW8 090903 Onsiow. County Designer's Certification State Stbrmwater Management systems Permit N9, SVOS_9QUO 'Page 'I of 3 1, John S. Tunstall, P.E. , as a duly registered Professional Engineer in the State of North -Carolina, having been authorized to observe (period icallyTweekly/full time) the construction of the project, South Bridge Subdivision - Sand Filter 3 (Project) for BC & RT, 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 a part of this Certification. Noted deviations from approved plans and specifications: 1. Rear of home roof drainage from Lots 1,,2, 38 & 39 do not go to permitted system. 2. Back'slopes of sand filter are steeper than 3:1 slope. NC DENR Stormwater & Erosion Control personnel has observed slopes. Slopes are currently maintained & stable at time of certification. Signature Registration Number 19851 Date SEAL 2 oFessio�. Q� SEAL 19851 0• FNG1N���;�Q EGEIVED JAN 17 2pi3 8v State 5tormwater Management Systems Permit No. 8W8 o909n3 Certification Requirements: Sand Filters - 3 page 3 of 3 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. * 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. *The rear roof drainage from homes on Lots 1, 2, 38 & 39 do not drain to permitted system. 4L4. All roof drains are located such that the runoff is directed Into the system. *The rear roof drainage from homes on Lots 1, 2, 38 & 39 do not drain to permitted system. *6. The sand filter elevations are per the approved plan. 6. The sand filter is located per the approved plans. 7. A trash rack is provided on the outlet/bypass structure. 8. For open sand filters, 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 and located 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. 4forebay, and the vegetated filter. 16. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office i Onslow County Building Inspections ** All slopes inside sand filter are 3:1. Slopes tying into natural grade are steeper than 3:1. NC DENR.stormwater personnel have observed slopes on several occasions. Existing slopes are currently vegetated and are stable. .1ST/asn 07063 01-15-13-s-sw-cart. - Sand Filter 3 dW $oA0Go3 N&T #07063 South Bridge Subdivision Stormwater Permit No. SW8 090903 ns w Co Designer's Certification Ststs Stormwater Management Systems Permlt No, SW CORM 'Page 1 of 3 i, John S. Tunstall, P.E. , as a dijly registered Professional Engineer in the State of North -Carolina, having been authorized to observe er o ca weekly/full time) the construction of the project, South (Project) Subdivision — 4$AMV L Fi C.a 0on! for BC & ITT, LLC (Project Owner) hereby state that, to the best of my abilities, due care and dillgenoe was used in the observation of the project construction such that the construction was observed to be built within substantial compliarfoe 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: 1. Rear of home roof drainage from Lots 1,,2, 38 & 39 do not go to permitted system. 2. Back slopes of sand filter are steeper than 3:1 slope. NC DENR Stormwater & Erosion Control personnel has observed slopes. Slopes are currently maintained & stable at time of certification. ................. u��.�,a Signature �` CAR�t ��''9y SEAL 3 +0 Registration Nu bar 19851 Date 1Z 2.1 1 �- �g 51 'v � , S - kkW-3 as state Slormwater Management systems Certification Requirements: San Fi�ter 6A, 6B page 3 of 3 1, The drainage area to the system contains approximately the perrnitt®d 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 tothe system, 0 *The rear roof drainage from homes on Lots 1, 2, 38 & 39 do not drain to permitted system. * 4. All roof drains are located such that the runoff is dirooted into the system. *The rear roof drainage from homes on Lots 1, 2, 38 & 39 do not drain to permitted system. 5. The sand filter elevations are per the approved plan. 4L—B, The sand filter is iodated per the approved plans. aT A trash rack Is provided an the outlet/bypass structure. 4For open sand filters, all slopes are grassed with permanent vegetation. � ,9, Vegetated slopes are no steeper than 3:1, ' Aq-1 g. The Inlets are located per the approved plans and do not cause short- circulting of the system. , 11, The permitted amounts of surface area and/or volume have been provided. ,12. Required drawdown devices are correctly sized and located 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. M The required dimensions of the system are provided, per the approved plan. cc: NCDI-NRhDWQ Regional Omoe Onslow County Building Inspections ** All slopes inside sand filter are 3:1. Slopes tying into natural grade are steeper than 3:1. NC DENR. stormwater personnel have observed slopes on several occasions. Existing slopes are currently vegetated and are stable. JST/asn 0706310-19-12-9-sw-cart. State Stormwater Management systems Pond 7-12 Permit No. g t aARM Certifloatlon requirements; Wet Detention Ponds Page 2 of 3 AP'l1. The drainage area to the system contallns approximately the permitted acreage. „2. The drainagge area to the system oontalns no more than the permitted amount of,built-upon area. 3. All the built -upon area assoalated with the project Is graded such that the runoff drains to the system, *Future design will be designed to direct stormwater to Pond 7-12. 4. All roof drains are located such that the runoff is directed Into the system, *Future design will be designed to direct stormwater to Pond 7-12. ��. 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. pt -8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3A . r ,10. The Inlets are Ideated per the approved plans and do not cause shorn clmuiting 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, M 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. `I b, The required dimensions of the system are provided, per the approved plan. STATE OF NORTH CAROLINA COUNTY OF ONLSOW s� Corn�n - �l� P�•IL 1flE ► "c �i 1003' CGS CctOCiG`� 71 MASTER COMMUNITY COVENANT FOR SOUTHBRIDGE - THIS MASTER COMMUNITY COVENANT FOR SOUTHBRIDGE ("Covenant") is made as of the . day of , 2010, by RTSFR & D, LLC, a North Carolina limited liability company ("Founder"). "Southbridge" is a master planned community in Onslow County, North Carolina. The general plan for Southbridge contemplates various land uses, including residential, neighborhoods (single and multi -family), commercial parcels, and open space. The Founder is the developer of Southbridge. Certain single-family residential lots within Southbridge ("Single Family Lots") have been or shall be made subject to that certain Declaration of Covenants, Conditions and Restrictions for Peggy's Cove at Southbridge, recorded or to be recorded iri the official public records of Onslow County, North Carolina (as may be amended and supplemented from time to time, the "Single Family Charter"). All property now or hereafter made subject to the Single Family Charter ("Single Family Community") also shall be subject to this Covenant. Peggy's Cove Homeowners' Association, Inc. ("Single Family Association"), a mandatory membership owners association, has been or will be formed to administer and enforce the terms of the Single Family Charter. Each owner of a Single Family Lot ("Lot Owner") shall be a member of the Single Family Association, as described in the Single Family Charter. In accordance with the Single Family Charter, the Founder may create a Southbridge -wide entity or organization to perform maintenance on property benefiting both the Single Family Community and the "Non -Single Family Properties" (as defined below) and to perform other services and have other authority with respect to the Southbridge community as a whole. Non -single family residential property within Southbridge ("Non -Single Family Properties") also shall be subject to this Covenant and may be subject to separate covenants, conditions, restrictions, and easements, but shall not be subject to the Single Family Charter. Each subdivided parcel or lot or condominium unit within the Non -Single Family Properties which may be independently owned and conveyed is referred to in this Covenant as a "Non -Single Family Parcel." Each owner of a Non -Single Family Parcel is referred to as a "Non -Single Family Owner." Non -Single Family Owners are not members of the Single Family Association. As of the date of this Covenant, the Founder is the owner of the Non -Single Family Properties. The Single Family Owners and the Non -Single Family Owners are referred to collectively as "Owners." By this Covenant, the Founder desires to provide for the maintenance of certain property which benefits the Single family Community and the Non -Single Family Properties (any such area shall be laaown as "Community Shared Area"), for an equitable allocation of the cost of such maintenance between and among the various uses within Southbridge, and for easements relating to maintenance and use of, and access to, such Community Shared Area. NOW, THEREFORE, the Founder hereby declares that any and all property described on Exhibit "A" of this Covenant, all property now or -hereafter subjected to the Single Family Charter. and anv other property subjected to this Covenant in' -the future shall be held, sold, and conveyed subject to the covenants and conditions contained herein, which are made for the express benefit of the Founder, the Single Family Association and its members, and the Non -Single Family Owners. The covenants and conditions contained herein shall run with the title to all property now or hereafter submitted to this Covenant and shall be binding upon all -parties having any right, title, or interest therein, their heirs, successors, successors -in -title, and assigns. Article 1 Community Shared Area 1.1. Southbridge Master Association, Inc. [Southbridge Master Association, Inc.], a North Carolina nonprofit corporation ("Master Organization") has been formed to oversee the maintenance of the Community Shared Area within Southbridge. The Master Organization's board of directors ("Master Board") shall act on behalf of the Master Organization unless otherwise provided in this Covenant. The Founder shall appoint the initial members of the Master Board. Following the period during which the Founder appoints the members of the Master Board, the Master Board shall be comprised of representatives from both the Single Family Property and the Non -Single Family Properties, as more particularly described in the By -Laws of Southbridge Master Association, Inc. (as may be amended from time to time, the "Master By -Laws"). The Master By -Laws are attached hereto as Exhibit "D." 1.2. Community Shared Area The Master Organization may own. and/or maintain the Community Shared Area subject to this Covenant, the Master By -Laws, the Master Organization's Articles of Incorporation, and any terms, conditions, covenants, or restrictions set forth in the instrument conveying such property to the Master Organization. The Master Organization may enact reasonable rules and regulations governing access, use, and enjoyment of the Community Shared Area. Every Owner and the Single Family Association shall comply with such rules and regulations. In addition, the Founder or the Master Organization may grant exclusive and/or non-exclusive easements over that portion of the Community Shared Areas that it owns to nonprofit organizations, the operation of which confers some benefit on Southbridge and the surrounding community, The Community Shared Area include, without limitation, real and personal property designated by the Founder and located within or adjacent to Southbridge as described below. The Community Share Area may include, without limitation, community entry features, including associated signage, landscaping, and irrigation at the main access point(s) into Southbridge; common drainage and water retention facilities and equipment; community -wide location and directional signage; streetlights; roadways and associated landscaping and irrigation; common pathways, trails, and sidewalks; and common open space or greenspace. In addition, during the "Developer Control Period" (as defined in the Single Family Charter), the Founder may designate additional properties or facilities as Community Shared Area and may record a Supplement to this Covenant which more particularly describes such areas. The benefits and burdens of this Covenant shall apply to the owners of all or any portion of the Community Shared Area. The rights and obligations of the Master Organization with respect to the Community Shared Area shall be binding upon the Master Organization without regard to ownershin of the Community Shared Area. 1.3. Conveyance of Property by the Founder At anytime the Founder or any affiliate of the Founder owns property within or which may be made a part of Southbridge, the Founder may convey to the Master Organization, or assign the Master Organization* maintenance responsibility• for, improved or unimproved real estate located within Southbridge, personal property, and leasehold or other property interests. The Master Organization shall accept and maintain, operate, and manage such property as part of the Community Shared Area. The Master Organization also shall perform, as a Community Expense, such obligations and responsibilities with respect to such property as the Founder may assign in writing. In recognition of the fact that the Founder conveys real property to the Master Organization at no cost to the Master Organization, if conveyed in error or needed to make minor adjustments in property lines, the Founder, during the Development and Sale Period, may unilaterally amend this Covenant to withdraw property from its coverage and may require the Master Organization to reconvey real property to the Founder or to other persons. 1.4. Conveyance of Property from Other Persons Under negotiated terms, the Master Organization may acquire and maintain improved or unimproved real estate, personal property, easements, and leasehold or other property interests from other persons. 1.5. Dedication of Property Subject to the approval.of and acceptance by such entity, the Master Organization may dedicate, lease, grant easements- in, or convey portions of any real property it owns to any local, state, or federal governmental or quasi -governmental entity, provided the Master Board has determined, in the directors, reasonable discretion, that such entity has the funding source and commitment properly to maintain the dedicated property. 1.6. Facilities and Services Open to the Public Certain facilities and areas within Southbridge which the Master Organization owns or for which it has responsibility may be made available for use and enjoyment of the public. Such facilities and areas may include, by way of example: trails and paths; greenbelts; parks and other spots conducive to gathering and interaction; roads; sidewalks; and medians. The Founder may designate such facilities and areas as open to the public at the time the Founder makes such facilities and areas a part of the Community Shared Area or the Master Board may do so thereafter. 1.7. Community Design - Standards and Review The Master Organization shall be subject to "Community Guidelines" for design, construction, and appearance. The Community Guidelines shall contain standards applicable to all of Southbridge and may include provisions applicable only to particular areas within Southbridge. The Community Guidelines may vary within Southbridge. For so long as the Founder or any. affiliate of the Founder owns property within Southbridge or which may be made a part of Southbridge, the Founder may amend the Community Guidelines: Thereafter, or upon assignment from the Founder, the. Master Board may amend the Community Guidelines. The Master Board may directly administer and enforce the Community Guidelines or, in the case of property subject to. the Single Family Charter, shall assign its rights to the "Reviewer" under the Single Family Charter, subject to the Master Board's oversight and veto authority. . in addition, the Master Board.shall have the power to review design standards and guidelines, and any changes thereto, proposed by the Single Family Association. The Master Board may veto any such standards or guidelines which it reasonably determines to be objectionable, inconsistent with the established standards for Southbridge, or in conflict with the Community Guidelines. However, nothing herein shall prohibit the Single Family Association from adopting and enforcing design standards or guidelines which are consistent with, but mare stringent than, the Community Guidelines... Article 2 Easements 2.1. Easements over Community Shared Area The Founder hereby reserves to itself and grants to the Non -Single Family Owners and other occupants of the Non -Single Family Parcels, the Master Organization, the Single Family Association and its members and the occupants of "Lots" (as defined in the Single Family Charter) within the Single Family Community, and their respective guests and invitees, a perpetual, non-exclusive blanket easement over those portions of the Community Shared Area which are intended for use and access by the members of the Southbridge community, including, without limitation, an easement for vehicular access, ingress, and egress over and across all roads which are a part of the Community Shared Area and through any gates or guard houses restricting access into Southbridge, and an easement of pedestrian access, ingress, and egress over and across common pathways, trails, and sidewalks. The rights conferred by this easement are subject to the payment of the Maintenance Fees and other charges described in Article 3 below, and shall not be subject to additional user or access fees. The rights and easements granted and reserved under this Section 2.1 shall be subject to the following; (a) The Master Organization's right to adopt, enforce, and amend, from time to time, reasonable rules and regulations pertaining to the use of the Community Shared Area, provided such rules shall not materially adversely impact any of the benefited parties as a group or class of user (i.e., owners and authorized users of the Single Family Community; and owners and authorized users of the Non -Single Family Properties, etc.) to any greater extent than the other benefited parties and shall not effectively prohibit an otherwise approved use of any portion of Southbridge; (b) the Founder's and the Master Organizations right to permit concurrent use of the Community Shared Area by such persons as they deem appropriate, in their discretion; (c) the respective rights of the owners of the Community Shared Area to transfer, encumber, lease, and grant easements over those portions of the Community Shared Area which they own for such purposes reasonably deemed appropriate, provided any such action may not materially adversely impact the rights of any of the benefited parties under this Covenant; A Master Organization's right to temporarily close all or portions of the Community Shared Area in order to perform maintenance, make repairs, resurface paved areas, or perform other actions necessary or appropriate with respect to the Community Shared Area; (e) the Founder's and Master Orgar zation's right to declare portions of the Community Shared Area closed to access by persons other than maintenance or other personnel related to the operation of such areas; and (f) all other easements and restrictions of record 2.2. Easements for the Master Organization --The Founder hereby reserves to itself and grants to the Master Organization, its agents and assigns, a perpetual, non-exclusive blanket easement over, under, and across Southbridge for the purpose of access, ingress, egress; • use, maintenance, and repair to the extent reasonably necessary for the Master Organization:to perform maintenance on the Community Shared. Area. All work associated with the exercise of this easement shall be performed in such a..manner as to avoid or, if such. interference cannot reasonably be avoided, to minimize interference with the use and enjoyment of the burdened property. Upon completion of the work, the person exercising the easement shall restore the property, to the extent reasonably possible, to its condition prior to the commencement of the work. 2.3. Limits on Easement Rights - This Article 2 shall not be construed to grant an easement or right to any person to use any property within Southbridge which is not included within the Community Shared Area. Rights to use any property which is not included within the Community Shared Area, and the terms and conditions 'of such use, are determined only by the owner(s) of such property and any other applicable 'restrictive 'covenants or governmental regulations. Article 3 Obligation to Maintain 3.1. Obligation to Maintain The Master Organization shall maintain and operate the Community Shared Area (regardless of ownership), and all landscaping and improvements thereon and related thereto, in a manner consistent with a first class, high quality, commercial and residential development, and, at a minimum, such areas shall be kept in good condition and repair and free of potholes, weeds, and trash (collectively, the "Community -'Wide Standard"). Maintenance, as referred to in this Covenant, shall include responsibility for insurance, utilities, repair, and replacement,as necessary to maintain the property to a level consistent with the Community -Wide Standard. 3.2. Limitation of Liability Notwithstanding anything contained herein to the contrary, the Master Organization shall not be liable for property damage or personal injury occurring on, or arising out of the condition of, property which it does not own. Article 4 Obligation to Share Costs 4.1. Responsibility and Obligation for Maintenance Fee As consideration for the access and use rights over the Community Shared Area and the benefits derived from Master Organization's performance of its responsibilities under this Covenant, the Single Family Association, on behalf of each Single Family Owner, and each Non -Single Family Owner shall pay the Master Organization an annual "Maintenance Fee" to cover an equitable portion of Master Organizations expenses relating to maintaining, operating, and insuring the Community Shared Area ("Community Expenses The obligation to pay . the Maintenance Fee shall be mandatory and shall be a separate and independent covenant on the part of the Single Family Association and each Owner. No `diminution or Abatement of the 'Maintenance Fee or setoff shall be claimed or allowed by reason of any alleged failure of the Master Organization to perform its maintenance responsibilities or any alleged failure to meet the Community -Wide Standard.. 4.2. Commencement of Obligation to Pay Maintenance Fee The obligation to pay the Maintenance Fee shall commence as to a Single Family Lot and a Non - Single Family Parcel upon conveyance of such Single Family Lot or Non -Single Family Parcels to a person other than the Founder; provided, no Maintenance Fee shall be due prior to the time that the Master Board first determines a budget and levies the Maintenance Fee. During the Developer Control Period, the Founder may, but shall not be obligated to, reduce the Maintenance Fee, or fiend any budget deficit for any fiscal year, by payment of a subsidy, which may be treated as either a contribution, an advance against future Maintenance Fees due from the Founder, or a loan, in Founder's discretion. Any such subsidy shall be conspicuously disclosed as a line item in the budget and the treatment of such' subsidy shall be made known to the Owners: 'The p* ayment of such subsidy in any year shall under no circumstances obligate the Founder to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Master Organization and the Founder. Notwithstanding the above, any property dedicated or conveyed to and accepted by any governmental authority or public or private utility, and any property exempt from the payment of assessments under the Single Family Charter, shall be exempt from payment of the Maintenance Fee hereunder. In addition, the Founder and/or the Master Organization may grant exemptions for transfers of Single Family Lots or Non -Single Family Parcels to entities qualifying for tax-exempt status under Section 501(c) of the Internal Revenue Code provided that for a period of at least two years from the date of such transfer the property is used for exempt purposes listed in Section 501(c). 4.3. Computation of Maintenance Fee (a) Preparation of .budget. Prior to the beginning of each fiscal year, the Master Board shall prepare a budget of the estimated Community Expenses for the coming year. The estimated expenses in each budget may include, in addition to any operating reserves, a reasonable contribution to a reserve fund for repair and replacement of any capital items to be maintained as a Community Expense. In determining the amount of such reserve contribution, the Board shall take into account the number and nature of replaceable assets, the expected useful life of each, the expected repair or replacement cost, and the contribution required to fund the projected needs by annual contributions over the useful life of the asset. So long as the Board exercises business judgment, which may include relying in good faith on the advice of its accountants or other professional advisers in determining the amount or necessity of the reserve fund, the amount shall be considered adequate. Each budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected froth sources other than Maintenance Fees, and the amount to be generated through the levy of Maintenance Fees. (b) Calculation of Maintenance Fees. - The total budgeted Community Expenses, less any surplus in the Community Expense budget from prior years and any income anticipated from sources other than Maintenance Fees, shall be allocated among the Single Family Association and all Non -Single Family Qwners in accordance with the allocation formula set out in Exhibit "C" to this Covenant: 44. Payment of Maintenance Fee The Master Organization shall send an annual notice of the Maintenance Fee to each Non -Single Family Owner and to the Single Family'Association. Within 30 days of receipt of written notice of the Maintenance Fee, the Single Family Association shall pay to the Master Organization the amounts due relating to the Single Family Community, and each Non -Single Family Owner shall pay to the Master Organization the entire amount due relating to its Non -Single Family Parcel; provided, the Master Organization may, in its discretion, permit the Maintenance Fee to be paid in quarterly or other instalhnents� Any Maintenance Fee or installment thereof due and owing which remains delinquent for a period of more than 30 days shall incur interest at a rate of eighteen percent (18%) per annum. (or, if lower, the highest rate allowed by North Carolina law) on the principal amount due and shall include all costs of collection (including attorneys fees), and any other amounts provided or permitted by law. The Single Fancily Association is responsible for collecting and paying to the Master Organization the Maintenance Fees levied against the Single Family Community. The Single Family Association shall provide for such collection and payment by including such amounts in its community expense budget to be assessed against all owners subject to its jurisdiction. The Master Organization may enforce the Single Family Association's obligation to collect assessments and may bring suit against the Single Family Association to collect delinquent assessments. The Master Organization's rights against the Single Family Association shall not prejudice its right to collect the Maintenance Fees from individual owners of Single Family Lots under this section, provided, each Single Family Owner shall be liable only for the payment of that Owner's prorated share of the Master Organization's Expenses together with costs incurred by the Master Organization in collecting such amounts (including, but not limited to, attorneys fees), and interest thereon. The Master Organization shall have a lien against each Non -Single Family Parcel to secure payment of Maintenance Fees, as well as interest, late charges, and costs of collection (Including attorneys fees and expenses). In the event that any portion of the Maintenance Fee remains unpaid after 90 days, the Master Organization may institute suit to collect a money judgment for such amounts, and/or enforce its lien entered against the delinquent Non -Single Family Parcels. The Master Organization's lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any recorded mortgage made in good faithand for value having first priority over any other mortgages on such Non -Single Family Parcel. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or non judicial foreclosure. Although no further action is required to create or perfect the lien, the Master Organization may, as further evidence and notice of the lien, execute and record a document setting forth as to any Non -Single Family Parcel the amount due to the Master Organization at the time such document is executed and the fact that a lien exists to secure the repayment thereof. However, the failure of the Master Organization to execute and record any such document shall not affect the validity, enforceability, or priority of the lien. All payments shall be applied first to costs and attomevs fees_ then to interest, and then to delinquent Maintenance Fees. 4.5. Recordkeeping The Master Organization shall maintain or cause to be maintained full and accurate books of account with respect to the performance of its responsibilities hereunder, and shall retain copies of such books of account for a minimum period of seven years. The Master Organization shall make books, records, and related financial statements available for inspection and copying during normal business hours. Any party requesting copies shall pay - copying charges when requesting copies. If th�­ Single Family Association or a Non -Single Family Owner desires to have the records audited, it may do so at its expense, and the Master Organization shall cooperate by making available to the auditors the records, including all supporting material (e.g., check copies, invoices, etc.), for the year in question. If the amount of actual expenses for the year is disputed after the audit, the parties shall cause a second audit to be performed by a mutually acceptable auditor, and the decision of the second- auditor shall be binding. If the amount as determined by the second auditor varies from the amount asserted by the Master Organization by 5% or more, the Master Organization shall pay the entire cost of the second auditor. If the amount as determined by the second auditor varies from the amount asserted by the Master Organization by 2% or less, the party requesting the audit shall pay the entire cost of the second auditor. Otherwise, the parties shall share equally the cost of the second auditor. Variances shall be taken into account in.the following year's Budget as provided in Section 4.3. Article 5 General Provisions 5.1. Notice 'Any notice provided for in this Covenmfshall be served personally or shall be mailed by registered or certified mail. Notices to the Single Family Association shall be sent to the president or secretary of the Single Family Association at the Single Family Association's principal office or such other address as it designates in writing to the other party. Notices to any Non -Single Family Owner shall be delivered or mailed to such address of such Owner's Non -Single Family Parcel, or at such other address as it designates in writing to the other parties. All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party at the address specified above or (b) on the third day after mailing when mailed by registered, certified, or first class mail, postage prepaid, and properly addressed. 5.2. Enforcement The obligations created hereunder shall inure to the benefit of, and may be enforceable by, the Founder, the Master Organization, the Single Family Association, and each Non -Single Family Owner. To the extent specifically provided herein, rights and obligations under this Covenant also inure to the benefit of, and may be enforceable by, other benefited parties hereunder. 5.3. Amendment This Covenant may be amended unilaterally at any time by the Founder, its successors or assigns, if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on any portion of the property subject to this Covenant; (c) to permit any institutional or governmental lender, purchaser, guarantor, or insurer of mortgage loans to make, purchase, guarantee, or insure mortgage loans; or (d) to satisfy the requirements of any local, state, or federal governmental agency: Further, for a period of 20 years after this Covenant is recorded, if the Founder or any affiliate of the Founder owns -any property, within or which may be made a part of Southbridge, the Founder may unilaterally amend this Covenant for any other purpose, provided such amendment has no material adverse effect upon the title to real property subject to this Covenant without the consent of the affected owner(s); and has no material adverse effect upon any right, privilege, or protection specifically granted to owners hereunder without the consent of the affected owner(s). This Covenant also may be amended at any time by a recorded instrument approved by the Single Family Association's board of directors and Non -Single Family Owners representing at least a majority of Non -Single Family Parcels. The Founder's consent also is required to amend this Covenant for so long as the Founder or any affiliate of the* Founder owns property within or which may become a part of Southbridge. Any such instrument shall set forth the intent to amend this Covenant. Amendments to this Covenant are effective upon recordation unless a later effective date is specified. .Any procedural challenge to an amendment must be made within six months of its recordation. In no event shall a change of conditions or circumstances operate to amend any provision of this Covenant. 5.4: Duration Unless terminated in a recorded instrument approved by the Single Family Association's board of directors and Non -Single Family Owners representing at least 80% of the Non -Single Family Parcels; this Covenant shall have perpetual duration.. I_ f North Carolina law limits the period during which covenants may run with the laud, then to the extent consistent with such law, this Covenaut shall ititomatically be extended at the expiration of such period for successive 10-year periods, unless terminated as provided above. The Founder's consent also is required to terminate this Covenant for so long as the Founder or any affiliate of the Founder owns any property within or which may be made a part of Southbridge. 5.5. Interpretation This Covenant shall be governed by and construed under North Carolina law. 5.6. Waiver No failure of any party to exercise any power under this Covenant or insist upon strict compliance with this Covenant and no custom or practice at variance with the terms of this Covenant shall constitute a waiver of the right to demand exact compliance with the terms of this Covenant. 5.7. Severability Invalidation of any provision of this Covenant, in whole or in part, or any application of a provision of this Covenant by judgment or court order shall in no way affect other provisions or applications. 5.8. Expansion of Southbridge . __. In addition to expansion by submission of property to the Single Family Charter, as described above, from time to time, the Founder may submit to the terms of this Covenant all or any portion of the property described in Exhibit "B" by recording a Supplement describing the additional property to be submitted. The Founder may record such a Supplement without the consent of any person except the owner of such property; if not the Founder. The Founder's right to expand Southbridge under this section expires when all property described in Exhibit "B" has been subjected to this Covenant or 25 years after this Covenant is recorded, whichever is earlier. Until then, the Founder may transfer or assign this right to the Master Organization or to any third party who is the developer of a portion of the real property intended to be included within Southbridge. Any such transfer shall be memorialized in a recorded instrument executed by the Founder. Nothing in this Covenant shall require the Founder or any successor to subject additional property to this Covenant or to develop any of the property described in Exhibit "B" in any manner whatsoever. [Remainder of page intentionally left blank; signature page to follow] IN WTTNESS WIEREOF, the undersigned Founder has executed this Covenant this day of 2010. FOUNDER: RTSFR & D, LLC, a North Carolina limited liability company By: _ Name: Its: STATE OF NORTH CAROLINA COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Today's Date: , 2010 [Notary's signateue as name appears on seal] (Notary's printedname as name appears on seal] My commission expires: , 20 [Affix Notary Seal in Space Above] EXMIT "A" Land Initially Submitted [INSERT LEGAL DESCRIPTION] Additional Property Any and all property lying and being in Onslow County, North Carolina, that is within 10 miles of any boundary of the property comprising the Single Family Community at any time. Note to clerk and title examiners: This Covenant is not intended to create an encumbrance on title to the uronerty described on this Exhibit "B." .EXHIBIT licit Formula for Allocating Maintenance Fees Determination of Equivalent Units.. [******REVISE THIS SECTION AS NECESSARY******] The ,allocation of assessments under the Covenant shall be based upon "Equivalent Units." Each Single Family Lot and each Non -Single Family Parcel shall be assigned Equivalent Units based upon the Unit's or Parcel's, classification. In the event that the classification for a particular Unit or Parcel is not apparent, the determination of the Founder .shall be controlling. The total number of Equivalent Units assigned to a Unit or Parcel shall be determined as follows: Unit Classification Equivalent Units • Single Family Lot (per.Unit) 1.00 • Non. -Single Family Parcel (per Parcel) =:>. Prior to issuance of certificate of occupancy* 1.00 =>=Upon issuance of certificate of occupancy As provided below • Geiieial retail, commercial business; -or restaurant _ - • .. (for each square foot of gross floor area**) .00025 • Muni -Family Apartment or Condominium 999999 (for each square foot of gross floor area**) • Exempt Property 0 * A "certificate of occupancy" is that certificate or approval issued by the local municipality as a final condition of occupancy of a Non -Single Family Parcel for its intended use. ** "Gross floor area" shall be the area within an enclosed structure intended for occupancy or other use and for which an initial certificate of occupancy has been issued or which is substantially complete, as determined by a licensed engineer or architect, but shall not include parking lots or parldng garages. Allocation of Assessments. The allocation of assessments shall be computed by multiplying the total amount to be assessed by a fraction, the numerator of which is the number of Equivalent Units assigned to a Unit or Non -Single Family Parcel, and the denominator of which is the total Equivalent Units assigned to all Units and Non - Single Family Parcels subject to assessment. The formula is illustrated as follows (The result, "A," being the assessment to be assigned, in dollars, to the particular Unit.): EU's Assigned to a Particular Unit or Parcel Total EUs Assigned to All Units or Parcels I X Budget ($) = A The Master Board shall compute the Equivalent Units annually, and notice of the allocation of Equivalent Units (including a summary of the computations) shall be sent to the Single Family Association and each Non Single Family Owner with its notice of Maintenance Fees. Upon annexationof additional property into the jurisdiction of the Association, the Master Board shall recompute the assessment allocations and send a notice of recomputed percentages to the Single Family Association and each Non -Single Family Owner; however, no adjustments of assessments previously levied or refunds of assessments paid shall be made within the fiscal year to reflect the recomputation. Imo: : 11:3 1 MLIS 1 By -Laws of Southbridge Master Association, Inc. ,* APR Z 1, 2015 BY: I IIIII IIIIII UI IIII ilul IIIII IliDoe ID: ll 11711III� IIIII lllll IIIII IIIIIlIII! IIII IIII Recorded: 911552 08!28/20i2011 atTaBe38C49 AM Fee Amt: $26.00 Page 1 of 6 Onslow County NC Rebecca L. Pollard Rep. of Deeds BK3839Pc-9-14 0909C3 REAFFIRMATION, RE -EXECUTION AND RE -ACKNOWLEDGEMENT OF PREVIOUSLY RECORDED AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER COMMUNITY COVENANT FOR SOLaRIDGE Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA ONSLOW COUNTY The undersigned hereby reaffirm and re -acknowledge the terms and conditions of that certain Amendment and Supplemental Declaration to Master Community Covenant for Southbridge recorded in Book 3814 at Page 965 in the Onslow County Registry, by and between RTSFR & D, LLC, a North Carolina limited liability company; BC&RT, LLC, a North Carolina limited liability company; RTSFRV, LLC, a North Carolina limited liability company; RAIFORD G. TRASK, JR., AS TRUSTEE UNDER THE RAIFORD TRASK, JR. REVOCABLE TRUST, DATED MAY 23, 2006 AND ANY AMENDMENTS THERETO; and SOUTHBRIDGE LOT DEVELOPMENT, LLC, a North Carolina lilmited liability, the terms and conditions of which Supplemental Declaration are incorporated herein by reference as if fully set forth. The undersigned hereby acknowledge that the purpose of recording this reaffirmation, re - execution and re -acknowledgment of said Supplemental Declaration is to correct the notary public's acknowledgments in the Supplemental Declaration which indicated some of the signatories' titles instead of their names, and to confirm. the validity, enforceability and priority of the Supplemental Declaration and the terms and conditions and rights granted thereby. To the extent not inconsistent herewith, the undersigned hereby ratify and reaffirm the terms, conditions and conveyances contained in the Supplemental Declaration incorporated herein by reference. (SIGNATURES AND NOTARY ACKNOWLEDGMENT PAGES FOLLOW) 110337.1 IN WITNESS WHEREOF, the undersigned have caused this reaffirmation, re -execution and re -acknowledgment to be duly executed. RTSFR & D, LLC a North Carolina limited liability company By: (SEAL) Name: afoj �kJr._ Title: Member/Manager STATE OF NORTH CAROLINA COUNTY OF n V 19-r I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Raiford G. Trask, Jr. Today's Date: - 2012. [Notary's &lure as name appears on seal] lt_ [Notary's printed name as naive appears on seal] My commission expires: 7 -46 1 7 [Affix Notary Seal in Space Above] 110337.1 2 BC&RT, LLC a North Carolina limited liability company By: AXA (SEAL) Name: afford G. Ti sk. Jr. Title: Member/Manager STATE OF NORTH CAROLINA COUNTY OF Ate V e r- I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: .Raiford G. Trask. Jr. Today's Date: al�__, 2012. } tN _J ak. rIM (� n '47 `r '-1 ,• 3irssf•. •..syl� ;i [Affix Notary Seal in Space Above] 110337.1 C5 [Notary's 69dire as name appears on seal] r [Notary's printed name as name appears on seal] My commission expires: _ � - 2-6 -/ RTSFRV, LLC a North Carolina limited liability company By: (SEAL) Naive: aiford G. Trask, Jr Title: Member/Manager STATE OF NORTH CAROLINA COUNTY OF e 9.7hove4— I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Raiford G. Trask Jr. Today's Date: 2012. [Affix Notary Seal in Space Above] 110337.1 [Notary's si ture as name appears on seal] E), /, r- a `Q, , [Notary's printed name as name appears on seal] My commission expires: 7 - 2- 4 (SEAL) Rai fo . Trask, Jr., as Trustee under the Raiford G. Trask, Jr. Revocable Trust, dated May 23, 2006 and any amendments thereto STATE OF NORTH CAROLINA COUNTY OF e-W Ya o r I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Raiford G. Trask Jr Today's Date: Qu q- - 2012. [Affix Notary Seal in Space Above] 110337.1 [Notary's gna a as naive appears on seal] [Notary's printed name as name appears on seal] My commission expires: 7- 2-6 - / 9_ 9 SOUTHBRIDGE LOT DEVELOPMENT, LLC a North Carolina limited liability company By: l (SEAL) Name: Raiford G. Trask, III Title: Manager STATE OF NORTH CAROLINA COUNTY OF P-.w jqan. Vef- I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Raiford G. Trask III Today's Date: eh4f2012. [Notary's gn a as name appears on seal] EI'1r Ca a7/1 V-1'i _ [Notary's printed name as naive appears on seal] My commission expires: dpy.: •� h.�� S'• fir. [Affix Notary Seal in Space Above] 110337.t -Ist 6-to �9o4a s �IIAA�NIII�I���I�A'�IN Doc ID: 010765180007 Type: CRP Recorded: 09/23/2013 at 11:03:46 AM Fee Amt: $26.00 Page 1 of 7 onslow County NO Rebecca L. Pollard Req. of Heeds sK4462 Pa536-542 AMENDMENT AND SUPPLEMENTAL DECLARATJON TO MASTER COMMUNITY COVENANT FOR SOUTHBRIDGE``-* Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA ONSLOW COUNTY THIS AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER COMMUNITY COVENANT FOR SOUTHBRIDGE (this "Supplemental Declaration") is made as of the i Tbday of SepiemhP,(', 2013, by RTSFR & D, LLC, a North Carolina limited liability company, BC&RT, LLC, a North Carolina limited liability company, RTSFRV, LLC, a North Carolina limited liability company, and RAIFORD G. TRASK, JR., AS TRUSTEE UNDER THE RAIFORD TRASK, JR. REVOCABLE TRUST, DATED MAY 23, 2006 AND ANY AMENDMENTS THERETO (collectively, the "Founder"). SOUTHBRIDGE, LOT DEVELOPMENT, LLC, a North Carolina limited liability company joins herein for the purpose of consenting to this Supplemental Declaration and subjecting its property to the restrictions, terms and conditions provided herein. WITNESSETH: WHEREAS, the Founder heretofore executed that certain Master Community Covenant for Southbridge and caused the same to be recorded in Book 3492, Page 869 in the Onslow County Registry (as the same may be amended and/or supplemented, the "Covenant"); WHEREAS, in Section 5.3 of the Covenant, the Founder reserved the right to amend the Covenant by recording a Supplemental Declaration; NOW THEREFORE, in accordance with its rights under Section 5_3 of the Covenant, the Founder does hereby amend the Covenant as follows: A. The Founder hereby amends Article IV by adding two new paragraphs at the end of Section 4.3(b) Calculation of Maintenance Fees as follows: "The Founder hereby designates all of the stormwater facilities, ponds and roads serving primarily Peggy's Cove lots as "Peggy's Cove Limited Community Shared Areas" which the Peggy's Cove Homeowners Association, Inc. shall own, maintain, repair and replace. The costs of such maintenance, repair, and replacement of the Peggy's Cove Limited Community Shared Areas shall not be included in the Southbridge Maintenance Fee described in this Section 4.3, but it shall be a Common Expense assessed only to the Peggy's Cove owners as more particularly described in the Declaration of Covenants, Conditions and Restrictions for Peggy's Cove at Southbridge recorded in Book recorded in Book 3492, Page 887 of the Onslow County Registry. Provided however and notwithstanding anything herein to the contrary, the stormwater facilities and pond serving Lots 62 -75 of Peggy's Cove 2, Single Family Phase 3 shall not be deemed "Peggy's Cove Limited Community Shared Area" as these facilities will serve certain properties in addition to Peggy's Cove, and the maintenance responsibility and Maintenance Fees for such facilities are addressed in Section 4.3(b) of that Amendment recorded in Book 3814, Page 965 and Book 3839, Page 9 of the Onslow County Registry. B. The Founder hereby declares that the property shall be held, sold, and conveyed subject to the Covenant, as amended by this Supplemental Declaration, which covenants shall run with title to the property and shall be binding on all parties having any right, title, or interest in the described property or any pant thereof, and shall inure to the benefit of each owner thereof, (SIGNATURES AND NOTARY ACKNOWLEDGMENT PAGES FOLLOW) IN WITNESS WHEREOF, the Founder has caused this Supplemental Declaration to be duly executed the day and year first above written. RTSFR & D, LLC a North Carolina limited liability company 9 By: (SEAL) Name: R G. TraskHf Title: Manager STATE OF NORTH CAROLINA COUNTY OF N -NJ h &V1 byjY- I certify that the following pemon(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: _Raiford G. Trask III Today's Date: 1-1 , 2013. [Notary's signature a ame appears on seal] uBUrrl rif'' N 1 ", A ti 1 SO n N d It ftAlbn �V Q'At [Notary's printed name as name appears on seal] tkOTAP Y O101 PUBLIG Ica My commission expires: b — ZZ `1-1 [Affix Notary Seal in Space Above] BC&RT, LLC a North Carolina limited liability company gy;yGl (SEAL) Name: kaiford G._Trask, Jr, Title; Member/Mangger STATE OF NORTH CAROLINA COUNTY OF 30 &W H G tl Q V 6' I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated; Raiford G. Trask, Jr. Today's Date: 5evtqirr , 2013.JA-� [Notary's signature as me appears on seal] N BUi.� NOTARY Oy [Notary's printed name as name appears on seal] AUBLIG �1 My commission expires: [Affix Notary Seal in Space Above] RTSFRV, LLC a North Carolina limited liability company By: - (SEAL Name: Raiford G. Trask, Jr. Title: Member/Manager STATE OF NORTH CAROLINA COUNTY OF N tW �A Qyj €y' /` I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: -Raiford G. Trask, Jr. I Today's Date: S6 pr y , 2013. U,� [Notary's signature as n le appears on seal] [Notary's printed name as na a appears on seal] NOTARY My commission expires: '°UBL1G cs r [Affix Notary Seal in Space Above] (SEAL) Raiford G. Trask, Jr., a�- rustee under the Raiford G. Trask, Jr. Revocable Trust, dated May 23, 2006 and any amendments thereto STATE OF NORTH CAROLINA COUNTYOF�V� I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Raiford G. Trask, Jr. Today's Date: S2, t6 ,�" E 2013. 1 r [Notary's signature as naMie appears on seal] +NGW 150r) [Notary's printed name as name appears on seal] ,t,pTAR Y My commission expires: pUBI.IG ._ [Affix Notary Seal in Space Above] SOUTHBRIDGE LOT DEVELOPMENT, LLC a North C arolinalimitedpany By: Name: Rai . Trask 111 Title: Manager STATE OF NORTH CAROLINA COUNTY OF N &W MGtnby K I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Raiford G. Trask III Today's Date: SZ tier 11 , 2013.��'' [Notary's signature as name appears on seal] •�����i oN 8(j�4 tic4y %AOTAgy 'off PUBLIC [Affix Notary Seal in Space Above] [Notary's printed name as name appears on seal] My commission expires: 0 -ZZ-11 116397 (Page 1 of 6) I1111I1IDIW 11ailI1111111WY1111 Doo r : 008900900008 Type: CRP Reoor ea: 07/ta1201E at eD:Os:518 Pf! Fee Amt: 126.00 Pape i of e OnDloW County NC Re coca L. Pollard Rep. of Deeds a:3814 Pe974-979 Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA ONSLOW COUNTY This AMENDMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PEGGY'S COVE AT SOUTHBRIDGE ("Supplemental Declaration") is made this l Stb day of July 2012, by RTSFR & D, LLC, a North Carolina limited liability company (the "Declarant"). SOUTHBRIDGE LOT DEVELOPMENT, LLC, a North Carolina limited liability company ("SLD'I joins herein for the purpose of consenting to this Supplemental Declaration and subjecting its property to the restrictions, terms and conditions provided herein. WITNESSETH: WHEREAS, the DECLARANT heretofore executed that certain Declaration of Covenants, Conditions and Restrictions for Peggy's Cove at Southbridge and caused the same to be recorded in Book 3492, Page 887 in the Onslow County Registry (as the same may be heretofore or hereafter amended and/or supplemented, the "Declaration'); WHEREAS, in Article V and Article VII of the Declaration, the DECLARANT reserved the right to amend the Declaration and to annex additional properties to the Declaration; WHEREAS, Declarant previously annexed and submitted to the terns and conditions of the Declaration the property shown on those pints recorded in Map Book 60, Pages 214-214Q Onslow County Registry, and Map Book 60, Pages 215-215F, Onslow County Registry (which maps were amended by plats recorded in Map Book 61, Pages 7-C and Map Book 61, Pages 123-123C and which maps are hereby made a part of the Declaration); and 10070.1 80ok 3614 Page: 974 Page 1 of a 130ox: 3814 Page: 974 Seq: 1 (Page 2 of 6) WHEREAS, Declarant desires to exercise its rights under Article VII of the Declaration by annexing and subjecting to the terms of the Declaration the additional property described below which is referred to generally as "Peggy's Cove 2",- and WHEREAS, Declarant desires to amend the Declaration pursuant to Article V in order to amend the Declaration regarding stormwater restrictions applicable to the property subject to the Declaration; NOW THEREFORE, in accordance with its rights under Article V and Article VII of the Declaration, the DECLARANT does hereby amend and supplement the Declaration as follows: A. DECLARANT hereby subjects all of the property described in Exhibit A, attached hereto and incorporated herein by reference (the "Property'), to the provisions of the Declaration and annexes such real property into Peggy's Cove at Southbridge. B. DECLARANT hereby amends Article IV. Covenants for Assessments by adding a new paragraph at the end of Section 10, Rate of Assessment as follows: "Ail Peggy's Cove Lots except Lots 62 -75 of Peggy's Cove 2 shall be charged (as part of their Annual Assessment described herein) their pro -rats portion of the Association's annual costs associated with the maintenance, repair and replacement and insurance of the stormwater drainage facilities servicing such Lots. Lots 62 - 75 of Peggy's Cove 2 shall not be charged any portion of the Association's annual costs associated with the maintenance, repair and replacement and insurance of the stormwater drainage facilities servicing the other Lots in Peggy's Cove. Instead, Lots 62-75 of Peggy's Cove 2 shall be charged their pro -rats portion of the Master Association's annual costs associated with the maintenance, repair and replacement and insurance of the stormwater drainage facilities servicing Lots 62 — 75, Peggy's Cove 2, which shall be deemed a Maintenance Fee as provided in Article 4 of the Master Declaration." C. DECLARANT hereby amends Article X, Section 2.0(5) to revise the maximum allowable built -upon area for each Lot by replacing Exhibit B in its entirety with Exhibit B attached hereto. D. DECLARANT hereby declares that the Property shall be held, sold, and conveyed subject to the Declaration, a4 amended by this Supplemental Declaration, which covenants shall run with title to the Property and shall be binding on all parties having any right, title, or interest in the described Property or any part thereof, and shall inure to the benefit of each owner thereof. (SIGNATURE AND NOTARY ACKNOWLEDGMENT PAGE FOLLOWS) 109570.1 Book: 3814 Page: 974 Page 2 of a Book: 3814 Page: 974 Req: 2 (Page 3 of 6) EXCEPT AS AMENDED AND SUPPLEMENTED HEREIN, the Declaration shall be and remain in full force and effect. RTSFR & D, LLC a North Carolina limited liability company By: / AL) Name: .� Title: I STATE OF NORTH CAROLINA I COUNTY OF dOr- I I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed theficirmpoijoing document for the purpose stated therein and in the capacityindicated: _ M e-M A 64— t�_(�, 2012. [Notary's gna re as name appears on seal] Fr rig%pn [Affix Notary Seal in Space Above] 109m] [Notary's printed name as name appears on seal] My commission expires: % --2-4 -/ z 3 Book: 3814 Pages 974 Page 3 of 6 Hook: 3814 Page: 974 Seq: 3 (Page 4 of b) Y I 1 I STATE OF NORTH CAROLINA COUNTY OF SOUTHBRIDGE LOT DEVELOPMENT, LLC a North Carolina limited liability company �1 BY: I (SEAL) Name ,-- Title: I certify that the following person(s) personally appeared before me this day, each aelmowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: = , Today's Date: 2012. .r [Notary's re as name appears on seal] . � ��•p�N1.i.1fLp� . if '�::1•��0 7 Y [Notary's printed name as name appears on seal] A. .aso+r My commission expires: 7 — Z4— 1 1— COUi1`��'' [Affix Notary Seal in Space Above] 109570.1 4 ff Book: 3814 Pegs 974 Page 4 of 8 Book: 3814 Page: 974 Seq: 4 (Page 5 of 6) .j 1 EXHIBIT A BEING all of those certain tracts or parcels of land lying and being in Stump Sound Township, Onslow County, North Carolina, and being more particularly described as follows: i All of that property shown on the plat entitled "Peggy's Cove 2, Southbridge Single Family Phase Three, Planned Residential Development" which plat consists of Lots 62-75 and certain Common Areas and is recorded in Map Cabinet 64 at Pages 192-192A of the Onslow County Registry, reference to said plat is hereby made for a more particular description. 109570.1 Book; 3814 Pages 974 Page 5 of 8 Book: 3814 Page: 974 aeg: 5 (Page 6 of 6) c t l i ' EXHIBIT B i j Masiminn Built Upon Area Lot Allotments I a 10957MI South Bdd a Subdivision Lot Allotments Lot # Lot BUA SF Lot # Lot BUA SF Lot # Lot BUA SF 1 2,682 29 2,582 57 3,784 2 2.835 30 3,593.50 58 3,702.61 3 2,932 31 3,690 59 2,970 4 2,994 32 3,798 60 2,873 5 3,086 33 3,752 61 2,622.73 6 2.835 34 4 248 62 3,000 7 2,932 35 3,555 63 31000 8 2,582 36 2,620 64 3 000 9 3,086 37 Omitted 65 3,000 10 2,835 38 3,280 66 3,500 11 3,023 39 3.630 67 3,500 12 3.115 40 3.533 68 3 500 13 2,611 41 3 280 69 3,500 14 2,865 42 3,280 70 3.500 15 2,962 43 4139 71 31000 16 3,024 44 4,077 72 3,000 17 Omitted 45 3,807 73 3,000 __ 18 3,086 46 4157 74 3,000 19 2,994 47 4.219 75 3 000 20 2.932 48 4.311 76 2,800 21 2,835 49 4157 77 2.800 22 2,582 50 3,727 78 2,800 23 2,582 51 .3,980 79 2,800 24 2,932 52 6135.82 80 2,800 25 2,994 53 3 692 81 2,800 26 3.086 54 3,630 82 2,800 27 3,652 55 3.533 28 3,302 56 3,280 6 Book 3814 Page: 974 Page 6 of 6 Book: 3814 Page: 974 Seq: 6 i�nr�we�m�ai Doc ID: 008502540030 Type: CRP Reoorded: 10/25/2010 at 10:21.50 4M Fee Amt: �101.00 Page i of 30 Onalow County NC Rebeoca L. Pollard Rep. of Deeds BK3492 PQ887-918 STATE OF NORTH CAROLINA COUNTY OF ONLSOW i)i.t.l,c7►1Z.iiltllW yr t.UVL11r�.ir1�S, l.Vitillll�liyl�� r�i�L :i of THIS DECLARATION is made the ��lay of October, 2010, by RTSFR & D, LLC, a North Carolina limited liability company, hereinafter referred to as `Declarant" or "Developer" for the purposes hereinafter stated: WITNESSETH WHEREAS, Declarant is the owner of all that certain real property in Onslow County, North Carolina, known as PEGGY'S COVE AT SOUTHBRIDGE, Phase 1, which is shown on a plat entitled "Peggy's Cove at Southbridge, Phase One", recorded in the Office of the Register of Deeds of Onslow County, North Carolina, in Map Book 60, Pages 214 — 214C and a plat entitled "Peggy's Cove at Southbridge Phase One, Common Areas", recorded in the Office of the Register of Deeds of Onslow County, North Carolina in Map Book 60, Pages 215 — 215F, to which reference is made for a more particular description (the "Property"); and, NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F ofthe North Carolina General Statutes (hereinafter the "Act'j and the following easements, restrictions, etc., which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title- or interest in the above -described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS SECTION]. "Additional Property" shall mean and refer to any, lands, in addition to the Property, annexed to and made apart of the Planned Community pursuant to the provisions of this Declaration, wbetb.er such lands are now owned or hereafter acquired by Declarant or others, and whether developed by Declarant or others. SECTION 2. "Association" shall mean and refer to PEGGY'S COVE HOMEOWNERS ASSOCIATION, INC., its successors and assigns. SECTION 3. `Board" or "Board of Directors" or "Executive Board" shall mean and refer to the body designated in this Declaration or otherwise to act on behalf of the Association. SECTION 4. `Builder" shall mean and refer to any contractor licensed by the State of North Carolina who is in the business of constructing residential homes and who acquires title to any Lot(s) within the Development with the intent to construct residences thereon for resale. SECTION 5. `Building" shall mean and include, but shall not be limited to, both the main portion of a structure built for permanent use and all projections or extensions thereof, including, but not limited to, garages, outside platforms and decks, canopies, porches and outbuildings. SECTION 6. "Common Elements" shall mean all real and personal property, and interests therein, now or hereafter owned or leased by the Association for the common use and enjoyment of Owners as provided under this Declaration, and their Occupants, lessees and employees, including and not limited to private streets and roads, fences, any directory signage, gravity sewer lines not maintained by a public agency, public and private utility easements, access easements, drainage easements, detention ponds, and any local, state of federal governmental permits relating to such property, including, without limitation, any stormwater, erosion control or wetlands permits. SECTION 7. "Common Expenses" means the expenses or financial liabilities for the operation of the Association. These include: (i) expenses of administration, maintenance, repair or replacement of the Common Elements; (ii) expenses declared to be Common Expenses whether annual or special by the Planned Community documents or by the Act; (iii) expenses agreed upon as Common Expenses whether annual or special by the Association; and (iv) such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for- repair, replacement or addition to the Common Elements or any other real or personal property acquired or held by the Association. SECTION S. "Common Expense Liability" means the liability for Common Expenses allocated to each Lot as permitted under the Act. this Declaration, or otherwise by law. SECTION 9. "Declarant" or "Developer" shall mean and refer to RTSFR & D, LLC and its successors and assigns pursuant to an express assignment or conveyance of any special declarant rights hereunder to such successor or assign, all of which rights; including Declarant's voting, architectural review, easement and development rights, shall be assignable and may be apportioned on a lot -by -lot basis. SECTION 10. "Declaration" shall mean this instrument as it maybe from time to time modified, amended, or revised. SECTION 11. "Improvements" shall mean and include, but shall not be limited to, Buildings, outbuildings, roads and driveways (other than those dedicated to public use), parking areas, fences, screened walls, retaining walls, loading areas, signs, utilities, lawns, landscaping, irrigation and walkways located on Lots, together with any construction work or treatment done or applied to a Lot in connection thcre,vith and any storm water drainage lines or facilities and any piping related thereto. SECTION 12. "Limited Common Elements" means the portion of the Common Elements allocated for the exclusive use of one or more but fewer than all of the Lots by the Declaration. 2 SECTION 13. "Lot" shall mean and refer to any numbered or lettered plot of land shown upon any recorded map of the Property designated for separate ownership by a Lot Owner. Declarant herebyreserves the right to reconfigure, from time to time and without the consent of the Owners or the Members of the Association, the boundaries of any Lot or Lots owned by Declarant and to thereby create additional Lots, eliminate existing Lots or create additional Common Elements. If Declarant elects to exercise its right to revise the boundaries of one or more Lots owned by Declarant, Declarant shall record a revised plat of the affected Lot or Lots. Upon the recording by Declarant of such a revised plat, each lot shown on the previously recorded plat or plats, the boundaries of which are revised by the revised plat, shall cease to be a "Lot" as defined in this Declaration and each newly configured lot shown on the revised plat shall be a "Lot" as defined in this Declaration. SECTION 14. "Master Association" shall mean and refer to Southbridge Master Association, Inc., a North Carolina non-profit corporation and its successors and assigns, formed for the purposes set for in the Master Declaration, including, without limitation, the purpose of maintaining, preserving and administering the "Master Association Common Elements," as hereinafter defined. SECTION 15. "Master Association Common Elements" shall mean and refer to all real property owned (whether owned in fee or by way of license, easement or lease) by the Master Association. SECTION 16. "Master Declaration" shall mean and refer to that certain Master Community Covenants for Southbridge to be recorded in the Office of the Register of Deeds, Onslow, County, North Carolina. All of the property which is now a part of the Property, and all of the property which, pursuant to Article VII hereof, is hereafter annexed to and made a part of the Property, shall be subject to the Master Declaration notwithstanding that the Master Declaration may be recorded after this Declaration. SECTION 17. "Master Plan". shall mean and refer to the plan(s) for the Property and the Additional Property now or hereafter approved by the appropriate local governmental authority, as such plan(s) may be from time to time amended and approved. SECTION 18. "Members" shall mean and refer collectively to every person or entity who holds membership witli voting rights in the Association. SECTION 19. "Occupant" shall mean any person or entity who occupies, or who has the right to occupy, all or part of any Lot which is a part of the Property, whether such occupancy or right of occupancy is based on ownership, lease, license or easement. SECTION 20. "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, or anyportion thereof, which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 21. "Person" means an individual, corporation, business, trust, estate, trust, partnership, association, joint venture, government, government subdivision or agency, or other legal or commercial entity. SECTION 22. "Planned Community" or "Development" shall mean and refer to the Propertyplus any Additional Property made apart of it by the exercise of any Special Declarant Right, and any property subject to the Master Declaration as amended from time to time. 3 SECTION 23. "Property" shall mean and refer to that certain real property hereinabove described, and such additions thereto as may hereafter be bought within the jurisdiction of the Association and this Declaration. SECTION 24. -Purchaser---- means any person, other than a declarant or a person in the business of selling real estate for the purchaser's own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for the performance of an obligation. SECTION 25. "Reviewer" shall have the meaning ascribed to such term in Article VI, Section 1 below. SECTION 26. "Special Declarant Rights" means the rights reserved for the benefit of a Declarant to: (i) complete Improvements indicated onthe plat filed with the Declaration; (H) exercise any development right reserved to the Declarant by this Declaration or otherwise; (iii) to maintain sales offices, management offices, signs advertising the Planned Community, and models; (iv) use easements through the Common Elements for the purpose of making improvements within the Planned Community; (v) to make the Planned Community part of a larger planned community or group_of planned communities; (vi) to make the Planned Community subject to the Master Declaration; (vii) to appoint or remove any officer or Executive :Board Member of the Association during the Declarant. Control Period; and (viii) to permit other land to be annexed to and made a part of the Planned Community in accordance with the terms of this Declaration. ARTICLE II EASEMENTS SECTION 1. Owners' Easement of Enjoyment. Every Owner shall have and is hereby granted aright and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the provisions of Article III hereof. As more particularly set forth in the Master Declaration and the governing documents of the Master Association, each Owner, subject to the terms and conditions thereof, shall have the right to use and enjoy any Master Association Common Elements and any improvements now or hereafter located thereon. SECTION 2. Easements in Favor of Declarant. The following easements are reserved to Declarant, Declarant's successors and assigns: A. Easements as necessary in the lands constituting the Planned Community for the installation and maintenance of utilities and drainage facilities; including, specifically, the rightto grant a 10 foot wide easement over and adj acent to the front property line of each and every Lot and including the right of Declarant to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of Onslow County; the right to cut drain ways for surface water whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards of health; safety and appearance_:; the right to cut any trees, bushes or shrubbery, the right 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; the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the owner of such Lot; and the right to subject the Property and any Additional Property to a 4 contract with Progress Energy of the Carolinas or such other provider of electric service for the installation of street lighting, which contract requires a continuing monthly payment to Progress Energy of the"Carolinas by each resident customer for street lighting service (such rights may be exercised by any licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or maintain any such utility or service). B. Easements over all private streets, if any, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress, to any Additional Property. C. An easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all, reasonable times to perform any maintenance and repair to the Limited Common Elements required by this Declaration. This easement shall also run in favor of the Association and the Association's agents, employees, successors and assigns. SECTION 3. Other Easements. The following easements are granted by Declarant to others: A. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties. B. In case of any emergency originating in or threatening any Lot. or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, shall have the right to enter any Lot for the purpose ofremedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate. C. The Association is granted an easement over each Lot for theptuposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. D. The Association is granted an easement over each Lot for the purposes of exercising its rights under Article VI, Section 5, of this Declaration. E. The Master Association, its agents, employees, contractors, guests and invitees, shall have such easements on, across and over the Common Elements and Limited Common Elements, and Declarant hereby declares that the Common Elements and Limited Common Elements shall be held, sold and conveyed subject to such easements, as shall be reasonably necessary for ingress, egress and regress to and from any Master Association Common Elements and as may be reasonably necessary in the discharge of any obligations imposed on the Master Association under the Master Declaration. In addition, Declarant hereby declares that the Common Elements and Limited Common Elements shall be held, sold and conveyed subject to an easement for ingress, egress and regress over and upon all private roadways, if any, and alleyways, now or hereafter located within the Common Elements or Limited Common Elements for the benefit of the Master Association and all owners of property subj ect to the Master Declaration and their respective guests, invitees, contractors and employees, SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Property or any Additional Property, or any part or portion thereof, regardless of whether or not 5 reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III HOMEOWNER'S ASSOCIATION SECTION 1. Formation of Association. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and to provide any other services provided in this Declaration or agreed to by a majority of the Members. SECTION 2. Membership. Every Lot Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lot ownership. . SECTION 3. Voting Rights. The Association shall have two classes of voting Membership, defined as follows: A. Class A. Class A Members shall be all of the Owners, with the exception of the Declarant. Class A Members shall be entitled to one (1) vote per 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 determined by the Members holding an interest in the Lot, but in no event shall more than one (1) vote be cast with respect to any Lot. Fractional voting with respect to any Lot is prohibited. B. Class B. The Declarant shall be a Class B Member and shall be entitled to three (3) votes per each Lot owned. The Class B Membership shall cease and be converted to Class A Membership on the happening of the earliest of any of the following events: (1) . when ninety percent (90%) of the Lots within all single-family phases of the Planned Community (as shown on the Master Plan) have been sold or conveyed by the Declarant to purchasers; (2) December 31, 2020; or (3) upon the voluntary surrender of all Class B Membership by the Declarant. SECTION 4. Powers, Privileges, Rights and Obligations. In addition to the rights and powers granted to the Association in its charter and to the rights and powers with regard to assessments set forth in Article IV of this Declaration, the Association shall have and possess and shall perform and exercise the following powers, privileges, rights and duties, subject, however, to the rights of the Declarant contained in Article V hereof - A. The Association, acting through the Board as described in the Bylaws, shall be entitled to make and amend reasonable rules and regulations governing use of the Common Elements and the conduct of the Owners. B. The Association shall be responsible for the operation, upkeep, maintenance, protection, preservation, repairs, reconstruction and/or replacement of (i) the Common Elements and improvements and additions thereto, including, but not limited to, private streets and rights of way, and (ii) the Limited Common Elements, if any; (iii) any utility easements or drainage easements used for the benefit of more than one lot owner; provided, however, that in the event that any of the above activities are necessitated 0 by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, or is caused by fire, wind, rain, blowing water, lightening, smoke or other hazard or casualty, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Board of Directors of the Association, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to the annual assessment levied against said Owner's Lot. C. The Association may engage in such other activities as authorized by a majority of the Members. D. The Association may suspend the voting rights and privileges of an Owner for any period during which any Assessments against the Owner's lot remain unpaid and for a period not to exceed sixty (60) days for an infraction of the published rules and regulations of the Association. E. The Association may mortgage or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least eighty percent (80%) of the votes in the Association. F. The Board of Directors on behalf ofthe Association, as a Common Expense, may at all times keep the Common Elements and other property of the Association, if any, insured against loss or damage by fire or other hazards and other such risks, including, but not limited to director's liability and public liability insurance, upon such terms and for such amounts as maybe reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims.. Such insurance shall be obtained without prejudice to the right of each Member to insure his personal property for his own benefit at his own expense. In no event. shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. SECTION 5. Government Permits. Amer. completion of construction of anyfacilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Planned Community, all duties, obligations, rights and privileges of the Declarant under any water, sewer, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, shall be the duties, rights, obligations, urivileaes and the responsibility of the Association, notwithstanding that such agreements, easements or permits may not been assigned or the responsibilities thereunder specifically assumed by the Association. There are additional provisions made in this Declaration concerning stormwater facilities and the Stonnwater Management Permit referenced in Section 2 of Article X below: SECTION 6. Common Elements. The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Property from the date of completion of its construction or improvement by the Developer, whether or not (i) such Common Element has actually been deeded to the Association, or (ii) any permit issued by a governmental agency to Declarant for the construction and operation of the Common Element has been transferred from the Declarant to the Association or assumed by the Association. If the Declarant is required by any government agency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to the section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within thirty (30) days after Declarant renders a bill to the Association therefor. The Association agrees to levy a special assessment within thirty (30) days of receipt of such bill to cover the amount thereof if it does not have other sufficient funds available. Declarant shall be entitled to specific performance to require the Association to levy and collect such special assessment. Declarant reserves the right, in its sole discretion, to convey or cause to be conveyed to the Association from time to time and without the consent of the Association or its Members, additional property to the Association, which property may include any portion of the Property, including any Additional Property annexed by Declarant pursuant to this Declaration. The Association shall_accept any such conveyance of property together with any local, state of federal governmental permits relating to such property, including, without limitation, any stormwater, erosion control or wetlands permits, and thereafter such property shall be held and maintained by the Association as Common Elements. The. Declarant and the Association shall execute and deliver the Stormwater Permit Name/Ownership Change Form (attached as Exhibit A hereto) .and any other required documentation to the North Carolina Department of Environment and Natural Resources, Water Quality Division, in order to evidence the transfer of the Stormwater Management Permit from the Declarant to the Association. Declarant may construct or causeto be constructed (BUT SRAM. NOT BE OBLIGATED TO CONSTRUCT) walkways and related facilities on any such. Common Elements. Other improvements, which may include; but shall not be limited to, roadways, retention or detention ponds or erosion control devices, may be located on any such Common Elements. Declarant does not contemplate the construction of any recreational improvements or amenities within the Common Elements (i.e., swimming pool, tennis courts, clubhouse, etc.). Except as othervvise'provided in Section 47F-3-113 of the Planned Community Act, the Association shall be required to promptly repair and replace any portion of the Common Elements for which the Association is required to maintain casualty insurance pursuant to the Bylaws of the Association which is damaged or destroyed. All Common Elements shall be conveyed to the Association in their "as is" condition without any express or implied warranty. DECLARANT HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE COMMON ELEMENTS. ARTICLE IV COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): A. Annual Assessments; B. Special Assessments for Capital Improvements; C. Insurance Assessments; D. Ad Valorem Tax Assessments; E. Working Capital Assessments; and F. Master Association Assessments The Assessments, together with interest, costs and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each such Assessment, together with interest, costs and reasonable attorneys fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. D Provided, however, the Declarant shall. not be required to pay any working -capital or annual assessments on any Lot owned by it prior to its initial sale to another owner or December 31, 20 f 1, whichever occurs first.. SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association shall be used for any of the following purposes: to promote the recreation, health, safety and welfare of the Owners and residents of the Property and Additional Property, to improve and maintain the Common Elements and any Limited Common Elements, including payment of utilities, enforcing this Declaration, paying taxes, insurance premiums, legal and accounting fees and governmental charges, establishing working capital, and in addition, doing any other things necessary or desirable in the opinion of the Association to keep the Common Elements and Limited Common Elements in good operating order and repair; to install, operate, and maintain the central irrigation system; to ensure sufficient replacement reserves, if any are required. SECTION 3. Annual Assessments. The Board of Directors shall adopt a proposed annual budget at least ninety (90) days before the beginning of each fiscal year. Within thirty (30) days- after the adoption of the proposed budget for the Association, the Board shall provide to all Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget maybe ratified without a quorum. The Board shall set a date for a -meeting of the Lot Owners to consider ratification of the budget, such meeting to be held not less than ten (10). nor more than sixty (60) days after mailing of the summary and notice. The budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the. Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board. The Annual Assessment for each Lot shall be established based on the annual budget thus adopted; provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The due date for payment shall be established by the Board. The Board shall have the authority to require that the Assessments by paid in periodic installments. The Association shall, upon demand, and for a reasonable charge,. furnish a certificate signed by an officer of the Association setting forth whether the.Assessments on a specified Lot have been paid. SECTION 4. Special Assessments. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the purpose of defraying, in whole or in part; the cost of any storm debris clean-up or removal, or any construction, reconstruction, repair, replacement of a capital improvement upon the Common Elements and any Limited Common Elements, including but not limited to all utility rights of way, drainage easements or any other easements for the benefit of the lot owners or the association and fixtures and personal property related thereto, provided that any such assessment shall have the assent of a majority of the Members who are voting in person or by proxy at a meeting duly called for this purpose. SECTION 5. Insurance Assessment. All premiums on insurance policies purchased by the Board of Directors or its designee pursuant to Article III and any deductibles payable by the Association upon loss shall be a Common Expense, and the Association may in any assessment year levy against the Owners equally an "Insurance Assessment" in addition to the Annual Assessments provided for under Section 3 above, which shall be in an amount sufficient to pay the annual cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment', in addition to the Annual Assessments provided for under N s Section 3 above, which shall be in an amount sufficient to pay such ad valorem taxes -in suchh year not included as a component of the Annual Assessment.. SECTION 7. Working Cap tal Assessments. At the time title to a Lot is conveyed to an Owner (other than a successor Declarant) by Declarant, the Owner shall pay to the Association as working capital an amount equal to two months of assessments. Provided, however, that a Builder shall not be required to pay any working capital until the earliest of the following occurs: (1) the Lot is sold to a third party; (2) the property is occupied as a residence; or (3) twelve (12) months have passed from the date on which said Builder acquired - the Lot. Such funds maybe used for initial operating and capital expenses of the Association such as prepaid insurance, supplies, and finnishings, fixtures and equipment for the Common Elements, etc -Amounts paid into the working capital fund are not to be considered as advance payment of the Annual or any other assessments. Any working capital funds remaining after the last Lot has been sold by Declarant shall be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors. SECTION 8. Master Association Assessments. All of the property which is now a part of the Property or any Additional Property subject to this Declaration shall be subject to the Master. Declaration. The Master Declaration provides that the Association will collect, on behalf of the Master Association, the assessments levied by the Master Association for the maintenance of the Master Association Common Elements. SECTION 9. Transfer Fee. At the time a Lot is conveyed to a purchaser or third party, the purchaser or third party must pay the transfer fee then in effect to the Association. The initial transfer fee shall be seventy-five dollars ($75.00). This section applies to conveyances of a Lot(s) by the Declarant to a purchaser or third party (except for conveyances to a Builder provided the Builder will be required to pay a Transfer Fee in the event. the Builder retains ownership of the Lot(s) for more than one year) as well as all -subsequent conveyances of the Lot(s) by an Owner to a purchaser or third party. SECTION 10. Rate of Assessment. The Assessments must be fixed at a uniform rate for all Lots similarly situated and may be collected on a monthly basis.. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots and Lots 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. SECTION 11. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant, unless otherwise provided in this Declaration. SECTION 12. Effect of Nonpayment of Assessments and Remedies of the Association. Any Assessment or installment thereofnot paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law, provided the rate shall not exceed eighteen percent (18%). The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot in the same manner as a deed of trust underpower of sale as allowed under North Carolina Law. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Element or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. SECTION 13. Lien for Assessments. The Association may file a lien against a Lot when any Assessment levied against said Lot remains unpaid for a period'of thirty (30) days or longer. 10 A. The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the Office of the Clerk .of Superior Court of the county in which _the Lot is located. The Association may foreclose the claim of Lien. in like manner as a mortgage vn real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, interest, and other charges imposed pursuant to Sections 47F-3-102, 47F-3-107, 47F-3-107A and 47F-3-115 of the Act are enforceable as Assessments. B. The lien under this section shall be prior to all liens and encumbrances on a Lot except: (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the Office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. _ C. The lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three (3) years after the docketing of the claim of lien in the Office of the Clerk of Superior Court. D. Any judgment;. decree or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. E. Where the holder of a first mortgage or deed of trust of record; or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners including such purchaser, its heirs, successors and assigns. F. A claim of lien shall set forth the name and addresses of the Association, the name of the record Owner of the. Lot at the time the claim of lien is filed, a brief description of the Lot, and the amount of the lien claimed. SECTION 14. Failure to Assess. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release or any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Master Association Assessments on the same basis as for the last year for which an assessment was made, if any, until a new assessment is made, at which time the Association may retroactively assess any shortfalls in collections. SECTION 15. Subordination Of The Lien To Mortaaae. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE V RIGHTS OF DECLA—ANUDECLARANT CONTROL PERIOD The rights, powers, and privileges reserved to the Declarant under this Article shall be in full force and continue until the earlier the following: (a) such time as ninety percent (90%) of the single-family Lots within the Planned Community (as shown on the Master Plan) have been sold or conveyed by the Declarant to 11 purchasers; (b) December 31, 2020; or (c) such time when the Declarant voluntarily relinquishes the rights described in this Article (the "Developer Control Period"). Management and control can be voluntarily transferred by Declarant to the Owners at any time. The Declarant shall have and there is hereby reserved to the Declarant, the following rights, powers and privileges which shall be in addition to any other rights, powers and privileges reserved to the Declarant herein: SECTION 1. The Association.. All the powers and duties of the Board of Directors of the Association may be exercised by the Declarant, and the Declarant shall appoint all members of the Board of Directors. _ SECTION 2. The Architectural Review Committee. All duties and responsibilities conferred upon the Architectural Review Committee by this Declaration or the By-laws of the Association shall be exercised and performed by RTSFR & D, LLC or its designee, so long as RTSFR & D, LLC shall own any property within the Property or the Additional Property or any property subject to the Master Declaration. Thereafter, the Architectural Committee shall be as designated in Article VI, Section 1. SECTION 3. Plan of Development. The right to change, alter or redesignate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community (so long as the Declarant retains title to said lands) including, but not limited to, the right to change, alter or redesignate road, utility and drainage facilities and easements and to change, alter or redesignate such other present and proposed amenities or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in. order to create one or more modified Lots; to further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots ..or a tract and Lots to create a larger tract; to eliminate from this Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as private roads or access areas, and to take such steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site or access area or roadway. SECTION 4. Amendment of Declaration by the Declaran . The right to amend the Declaration as follows: A. In any respect, prior to the sale of the first Lot. B. To the extent this Declaration applies to Additional Property. C. To correct any obvious error or inconsistency in drafting, typing or reproduction. D. To qualify the Association or the Property and Additional Property, or anyportion thereof, for tax exempt status. E. To include any platting change as permitted herein. F. To conform this Declaration to the .requirements of any law or governmental agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any 12 corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, .construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Veterans Achrimistration, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting ' an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. Notwithstanding anything else herein to the contrary, only the Declarant, during the Developer Control Period, shall be entitled to amend this Declaration pursuant to this Section 4F. SECTION 5 . Rejection of Amendment by Members. The right to veto or reject any amendment to the Declaration approved by the Members- during the Declarant Control Period. SECTION 6. Sales Offices/Models/Signs. The right to maintain sales offices, models and the like relating to construction, sale, or rental of Lots and dwellings thereon. The Declarant shall also have the right to place "For Sale" or "For Rent" signs on any Lot, and the Declarant may assign this right to any other Person or entity it so chooses. Notwithstanding any provision in this Declaration to the contrary and notwithstanding the expiration of the Declarant Control Period, the provisions of Article III, Section 3 and Article IV, Section 4 relating to the transfer, conveyance and acceptance of government permits (including, without limitation, the Stormwater Management Permit) and the Common Elements, shall not be.amended or modified in.any respect without the prior written consent of RTSFR&D, LLC. ARTICLE VI USE RESTRICTIONS AND ARCHITECTURAL REVIEW SECTION 1. Building and Site Improvement. No dwelling, wall or other structure, including fences, shall be commenced, erected, or maintained upon any Lot, nor shall anv exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors 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 "Reviewer", which shall mean RTSFR & D, LLC, or its designee, or, after RTSFR & D, LLC shall no longer own any property within the Property or the Additional Property or any property subject to the Master Declaration, by the Board of Directors of the Association or an Architectural Review Committee composed of three (3) or more representatives appointed by Board. In the event the Reviewer fails to approve or disapprove such design and location wi'ihin sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Reviewer shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Reviewer for its records. Tim Reviewer shall not be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. 13 SECTION 2. Tree Preservation. The preservation of trees and landscaping elements are critical components of the Planned Community. Any material cutting or pruning or destruction or removal of trees by an Owner (including any Builder) shall require the written consent of the Reviewer. Refusal or approval of any such plans, location or. specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and. uncontrolled discretion of the Reviewer shall be deemed sufficient.. In the event the Reviewer fails to approve or disapprove any request to materially cut or prune a tree or destroy or.remove a tree within sixty (60) days after said request has been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Any action taken by an Owner or an Owner's contractor or agent in violation of this Section shall be subject to sanction by the Association, including, without limitation and pursuant to Article IX, the right to replace a changed, destroyed or removed tree and replace it with a tree of similar size and appearance and charge the responsible Owner for all costs associated with such remedial action by the Association. SECTION 3. Approval of Plans. A. No house plans will be approved unless the proposed house shall have a minimum of one thousand five hundred (1,500) square feet of enclosed, heated dwelling area. Provided, however, Declarant reserves the right to allow a variance for the minimum enclosed, heated dwelling area of up to ten percent (10%) of the stated minimum, 1,500 square feet.. The term "enclosed, heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. B. Since the establishmcat 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 considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect; the siteand location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Reviewer. C. The exterior of all houses and other structures must be completed 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 or 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 and one-half stories in height. No garage apartments are allowed. E. All sei vice utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Reviewer, 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 and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. Fences shall be permitted on any Lot; provided, however, that the design and materials of any fence are approved by the Reviewer, and provided further, that no fence shall be over six feet in height or forward of the rear corner of the house or dwelling erected on the Lot. Clotheslines are not permitted on any Lot. 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 14 thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by the Reviewer. Automobiles and other permitted motor vehicles shall be parked on the designated off street parking areas of each Lot. The Board may adopt further rules and regulations relating to parking pursuant to its authority to enact reasonable rules and regulations for the Property. SECTION 4. Land Use and Building Type. No Lot shall be used for _any purpose except for residential purposes. All numbered Lots are restricted for construction of single family dwellings only. Different and amended land use restrictions and Architectural Review guidelines may be established for Additional Property added to the Development by Declarant; provided, however, that no Lot may be used for other than single family dwellings except pursuant to• approval of the Members in accordance with this Declaration. SECTION 5. Nuisances. No noxious or offensive activity shall be carried on upon.anyLot, nor shall anything be done thereon which: may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkempt condition of buildings or grounds on the Owner's Lot which would tend to substantially decrease the beauty of the neighborhood as a .whole or the specific area. SECTION b. Lot Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. In the event the Owner fails to do so, then, after thirty days notice from the Architectural Review Committee, the Association or its designee may enter upon the.Lot and remove the same at the expense of the Owner, and such entry shall not be deemed a trespass, and in -such event a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and administrative expenses, and such amounts shall be due -and payable within thirty (30) days after the Owner is billed -therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens... SECTION 7. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or Permanently without the written consent of the Association or its designee: provided. however_ that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on any part of the Development until the construction of dwellings on all Lots is completed. Provided that anytemporary structure must comply with all governmental laws regulations whether state or local pertaining to said structures. However, nothing herein shall be meant to prevent the construction (with Developer's consent) of storage and utility buildings. It is the express intention of the Developer that no trailer or mobile home (including a double -wide mobile home) shall be allowed on said property. Nothing herein shall be construed to prevent the use, upon Developer's approval, as set forth above, of a prefabricated or modular home as long as same is consistent with the general development and the standards of quality of said subdivision and is not materially detrimental to the value of the subdivided Lots in said subdivision. SECTION 8. Vehicles. No camper, school bus, trailer, motor or mobile homes; tractor/trailer, (including vehicles rated to handle over one ton) or similar type vehicle, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Association or its designee. The Association's consent may be conditioned on keeping said vehicles in a fenced or screened area in the rear yard as approved by the Association. No inoperable vehicle or vehicle without current registration and insurance, will be permitted on any Lot, street or Common Element. The Association shall have the right to have all such vehicles towed away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways 15 but only in garages or other areas and not visible from the street. Due to noise concerns, safety, liability and property damage reasons, no motorized; gas or electric vehicles, including dirt bikes and all terrain vehicles (ATV's) are permitted on the Common Element/open Space or grounds of the properties or on lots yet to be built on. Only maintenance equipment needed to maintain the grounds is exempt from this rule. SECTION 9. Animals. No animals, livestock or poultry of any kind shall.be kept or 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 do not exceed three (3) pets in one household, and provided further that they are not allowed to run free, are at all times kept properly leashed or under the rule of their owner and do not become a nuisance to the neighborhood. The Association may adopt reasonable rules regarding household pets designed to minimize damage and disturbance to other Owners and occupants, including rules requiring damage deposits, waste removal, leash controls, noise controls to include bark collars, pet occupancy limits based on size and facilities of the Lot and fair share use of the Common Elements. Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of residents or from requiring abatement of any nuisance or unreasonable source of annoyance. No Owner shall be permitted to raise, breed or keep mammals, birds, fish, or reptiles of any kind for commercial purposes SECTION 10. Statuary. Televisibn Satellite Dishes and Antennas. No yard statuary or TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Review Committee. Provided, however, an owner may install a satellite dish not exceeding 24 inches without further approval provided said satellite dish is installed in the rear portion of the yard or the rear portion of the dwelling. SECTION 11. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear,. white or non -frost lights or bulbs. SECTION 12. Landscapiine. Prior to initial occupancy of the residence constructed on each Lot, the front yard, side yard, and rear yard areas of such Lot must be planted with grass or sodded; provided, however, that any areas to be used as planting beds for trees and shrubs need not be sodded so long as such beds are planted prior to initial occupancy of the Lot. The Reviewer may on account of adverse weather conditions or for other good cause shown permit such landscaping to be done within a period of six months after initial occupancy of the residence. Each Lot Owner shall be required to maintain grass or sodding in the front, side, and rear yard areas of the Lot in order to prevent erosion, stormwater runoff, and any damage to wetlands, drainage easements, ditches, swales, and any other stormwater runoff basins or facilities on the Property. The sod and landscaping shall be maintained by the Lot Owner in a healthy and lush condition at all times, and dead or unhealthy sod, trees, plants, or other vegetation shall be promptly removed and replaced; provided, however no Lot Owner shall be required to irrigate landscaping during any period in which the Governor of North Carolina, a state agency or a unit of local government has imposed water conservation measures applicable to the Property as a result of drought conditions. Furthermore, each Lot Owner shall indemnify and hold harmless the Declarant, a-DA/or the. Association, as the case may be, from any cost, claim, or expense arising from any damages to wetlands, drainage easements, ditches, swales, and any other stormwater runoff basins or facilities caused by the failure of the Lot Owner to maintain sodding in the front, side, and rear yard areas of the Lot. SECTION 13. Signs. Except for lots upon which are located model homes constructed by Builders approved by the Declarant, no signs "of any type or description shall be placed on or displayed on any residential lot except signs "For Rent" or "For Sale", which signs shall not exceed six square feet in size. Model homes, including unrestricted signage, may remain in use as models as long as there are lots available for sale in said subdivision. Notwithstanding any language to the contrary, Builders may erect in Common Elements temporary directional signs or signage not larger than ten square feet in size. Notwithstanding anything to the contrary contained herein, nothing contained in this Section 12 shall prohibit the display of "political signs" as defined by N.C.G.S. § 47F-3-121. SECTION 14. Religious/Holiday Decorations. Religious and/or holiday decorations are permitted, subject, however, to reasonable rules and regulations which the Association may adopt regarding the time, place, and manner in which such decorations may be displayed. SECTION 15. Alterations. No person shall undertake, cause, or allow any alteration or construction in or upon anyportion of the Common Elements except the direction or with the express written consent ofthe Association. SECTION 16. Subdividing. Subject to the provisions of Article V hereof, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board of Directors of the Association. ARTICLE VI[ ANNEXATION OF ADDITIONAL PROPERTY SECTION 1. Assent ofMembers. Declarant may annex to and make a part ofthe Development any other real property which Declarant now owns or which Declarant may hereafter,acquire or develop (the "Additional Property"), as follows: A. Except as provided in subparagraph B, below, annexation of Additional Property to the Development shall require the assent of a majority of the Members who are voting in person or byproxy at a meeting called for this purpose, 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. B. Additional Property may be annexed to the Development by the Declarant within the Declarant Control Period as set forth in Article V without the assent of the Members so long as the Additional Property can be used only for residential purposes and related facilities usually appurtenant to residential developments, recreational facilities and Common Elements. SECTION 2. Recordine. Annexation of Additional Property shall occur upon the recording, in the Office of the Register of Deeds for the county where the Additional Property is located, of (i) a subdivision plat for the Additional Property and (H) a supplemental declaration stating that the Additional Property is made a part of the Development and is subject to this Declaration. Upon recording of such plat and supplemental declaration, the Additional Property shall become fully subject to the terms of this Declaration, except to the extent that pursuant to Article V, Section 4 hereof, the Declarant amends the applicability of this Declaration to the Additional Property. SECTION 3. Name. Nothing herein shall prevent Declarant from using the name "PEGGY'S COVE" or "PEGGY'S COVE AT SOUTHBRIDGE" in conjunction with the development of other real property which is not made part of the Development and subject to this Declaration. 17 ARTICLE VM INSURANCE AND BONDS SECTION 1. Insurance. Commencing not later than the time of the first conveyance of a Lot to a Person that is not a Declarant, it shall be the duty of the Association to maintain in effect casualty and liability insurance as follows to the extent it is reasonably available:. A. All insurance policies upon the Common Elements shall be secured by the Board of Directors, or its designee on behalf of the Association which shall obtain such insurance against (1) loss or damage by fire or other hazards normally insured against in an amount after application of any deductibles of not less than eighty percent (80%) of the replacement cost of the insured property at the time the insurance is purchased and at each renewal date exclusive of land excavation, foundations and other items normally excluded from property policies, and (2) such other risks, including public liability insurance, as from time to time shall be customarily required by private institutional mortgage investors for projects similar in construction, location and use as the Planned Community and the improvements thereon for at least $1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons m connection with the operation, or maintenance or use of the Common Elements and legal liability arising out of lawsuits relating to employment contracts of the Association. If the insurance described in subsection (a) of this section is not reasonably available, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Lot Owners; B. The Board of Directors shall make diligent efforts to insure that said insurance policies provide for the following: (1) a waiver of subrogation by the insurer as to any claims against the Association, any officer, director, agent or employee of the Association, the Lot Owners and their employees, agents, tenants and invitees; (2) a waiver by the insurer of its right to repair and reconstruct instead of paying cash; (3) coverage may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least thirty days prior written notice to the named insured and all mortgagees; (4) coverage will not be prejudiced by act or neglect of the Lot Owners when said act or neglect is not within the control of the Association or by any failure of the Association to comply with any warranty or condition regarding any portion of the Planned Community over which the Association has no control. (5) the master policy on the Property cannot be canceled, invalidated or suspended on account of the conduct of any one or more individual Lot Owners; (6) the master policy on the Property cannot be canceled, invalidated or suspended on account of the conduct of any officer or employee of the Board of Directors without prior demand in writing LE:j that the Board of Directors cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured; (7) each Lot Owner is an insured person under the policy to the extent of the Lot Owner's insurable interest; (8) if at the time of a loss under the policy, there is other *insurance in the name. of a Lot Owner covering the same risk covered by the policy, the Association's policyprovides primary insurance. C. All premiums - on such insurance policies and any deductibles payable by the Association upon loss shall be a Common Expense;. D. All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board as insurance trustee or to such attorney -at -law or institution with trust powers as may be approved by the Board of Directors who shall hold any such insurance proceeds in trust for Lot Owners and lien holders as their interest may appear; E. All insurance policies purchased by the Board of Directors shall be with a company or companies permitted to do business in the State of North Carolina and holding a rating of "A" or better bythe current issue ofBest's Insurance Reports. All insurance policies shall be written for the benefit of the Board of Directors and the Lot Owners and their mortgagees as their respective interests may appear, and shall provide that all proceeds thereof shall be payable to the Board of Directors and duplicates of said policies and endorsements and all renewals thereof, or certificates thereof, together with proof of payment of premiums, shall be delivered to the Owners at least ten (10) days prior to the expiration date with respect to the then current policies. Duplicates shall also be obtained and issued by the Association to each mortgagee, if any upon request of such mortgagee; F. If the Association shall determine that it would be more economically feasible in lieu of the Association maintaining a master policy for the entire Property, for the Lot Owners to purchase insurance policies covering each Lot and Lot Owner individually, then upon the assent of sixty-seven percent (67%) of the Members (which votes may be cast in person or by proxy) who are eligible to vote at a meeting duly called for such purpose, the insurance coverage for the entire Property, may be turned over to the Members to purchase individual policies under such terms and conditions as the Association.may prescribe. If the responsibility for maintaining the insurance coverage on the Property is turned over to the individual Lot Owners under the provisions of this paragraph, then the Association shall be named as additional insured on each policy, each Lot shall be insured for.its full replacement value and the provisions of this Section shall be modified accordingly; G. Subject to the provisions of Section 47F-3-113(g) of the Act the proceeds of insurance policies shall be distributed to or for the benefit of the beneficial owners in the following manner: (1) all reasonable expenses of the insurance trustee shall be fast paid or provision made therefor; and (2) the remaining proceeds shall be used to defray the cost of repairs for the damage or reconstruction for which the proceeds are paid. Any proceeds remaining after defraying such cost shall be distributed to the beneficial owners, including lienholders of record, or retained by the Association for such common expenses or purposes as the Board shall determine. IV SECTION 2. Fidelity Bond -The Association may maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association, as follows (provided, however, that if the Association shall delegate some or all ofthe responsibility for the handling of its funds to a management agent, such fidelity bonds shall be maintained by such managementagent for its officers, employees and agents handling or responsible for funds of or administered on behalf of the Association): A. The total amount of fidelity bond coverage required shall be based upon best business judgment and shall not be less than the. estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months aggregate assessments on all units plus.reserve funds. B. Fidelity bonds required herein must meet the following requirements: (1) fidelity bonds shall name the Association as an obligee; (2) the bonds shall contain waivers by the issuers of the bonds of all defenses upon the exclusion of persons serving without compensation from the definition of "employees", or similar terms or expressions; (3) the premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its officers, employees and agents) shall be paid by the Association as a common expense; and (4) the bonds shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to the Association, to any insurance trustee and each institutional holder of a first lien on any Lot. - ARTICLE IX LOTS SUBJECT TO DECLARATION AND ENFORCEMENT SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots contained in it. All present and future Owners and Occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner or Occupant. The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by at least eighty percent (80%) of the votes of the Association; provided, however, during Developer Control Period, this Declaration may not be terminated without Declarant's consent. In the event this Declaration is terminated in accordance with the provisions bereinabove provided, Declarant, for each Lot owned. within the Property, hereby covenants, and each Owner for any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay a pro rata share of the cost of the maintenance of all permanent retention or detention ponds, other drainage or erosion control devices, pump stations, lift 20 pumps, water or sanitary sewer lines, storm sewer utility lines, electrical lines, conduit and equipment and other common facilities located within the Common Elements not accepted for public maintenance. SECTION 2. Enforcement and Remedies. The covenants and restrictions. of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available: A. In the event an Owner (or other Occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board or its designee, after thirty (30) days notice, may enter upon the Lot and remedy the violation or perform the required maintenance or other activities, all at the expense of the Owner, and such entry shall not be deemed a trespass. The full amount of the cost of remedying the violation or performing such maintenance or other activities and shall be- chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within thirty (30). days after Owner is billed. If not paid within said thirty (30) day period, the amount thereof may immediately be added to and become a part of the Annual assessment levied against said Owner's Lot. In the event that any maintenance activities aranecessitated to any Common or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Hoard. of Directors of the Association, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become a part of the Annual assessment levied against said Owner's Lot. Notwithstanding the foregoing, the Association shall not have a lien for the cost of any maintenance and repairs mentioned in this section if the Association is obligated to make such repairs or conduct such maintenance by virtue of yards or structures being Limited Common Elements. B. The Association may in accordance with the procedures set forth in the Act establish a schedule of and collect fines for the violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not pay the fine when due, the fine shall immediately become a hart of and be added to the Annual assessment against the Owner's T.nt and may he enforced by the Association as all other Assessments provided for herein. C. The Association may in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's lot remain unpaid for at least thirty (30) days or for any period that the Owner or the Owners Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or Rules and Regulations. SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE X rENERAL PROVISIONS SECTION 1. Enforcement. The Declarant, Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and 21 charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. SECTION 2. Enforcement of Storm Water Runoff Regulations. The covenants contained in this section are intended to insure continued compliance with stonnwater runoffrules adopted by the State ofNorth Carolina and, therefore, may be enforced by the State of North Carolina. Any Owner may in accordance with applicable governmental regulations borrow from another Owner any Built Upon. Area which is not being utilized by the other Owner. Such transaction need not be approved by any Owners, other than those involved in the transaction, by the Declarant or by the Association. A. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. B. Built -upon area in excess of the permitted amount requires state stormwater management permit modification priorto construction. All plans for any improvements upon a Lot submitted to the Reviewer pursuant to Article VI shall include a certification by the Lot Owner that upon the construction of the proposed improvements the Lot shall comply with the maximum allowable built -upon area for such Lot set forth in the Stonnwater Management Permit referenced below or otherwise adhere to all requirements set forth in the Stormwater Management Permit, as maybe amended from time to time. C. All permitted runoff from out parcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall perform in a manner that maintains the integrity and performance of the system as permitted. . D. Nothing other than grass shall be allowed or permitted to be placed within any drainage, water or sewer easement that is established on any hot by the map of said Section referenced above. Not by way of limitation, but by way of example, shrubs, trees and other vegetation, fences, walls, storage buildings and all other structures and improvements, of whatever nature or kind, are prohibited from being located within any such easement area. E. Although not required, owners are encouraged to grade and maintain along the side lot lines of their lots a swale or depression sufficient in size to encourage surface water drainage. Owners shall not alter or impede in any way a naturally occurring drainage way or a swale constructed or provided by the Developer along lot lines. F. Any and all erosion from said lot occurring at the time of occupancy of any residence constructed on said lot roust be stabilized and controlled as described hereinabove within sixty (60) days of occupancy of said residence by the owner of record. G. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 090903,. as issued by the Division of Water Quality under NCAC 211.1000: (1) The State of North Carolina is made a beneficianj of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. (2) These covenants are to run with the land and be binding on all persons and parties claiming under them. 22 �1 (3) 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. (4) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. (5) The maximum allowable built -upon area for each Lot is set forth on the table attached as Exhibit B hereto and incorporated herein by reference. 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. (6) For those Lots within CAMA's area of environmental concern, where the Division of Coastal Management calculates a different maximum Lot built -upon area, the governing Lot built - upon shall be the most restrictive of the two numbers. (7) All runoff on a 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 a pond or the street. Lot that will naturally drain into the system are not required to provide these measures, . (8) Built -upon area in excess of the permitted amount will require a permit modification. (9) If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of the built - upon area. SECTION 3. 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 4. Lots Subject to Declaration. All present end future Owners and Occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration maybe amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of thus Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. SECTION 5. Amendment of Declaration. Except as provided elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of the county where the Development is located, executed by the duly authorized officers of the Association upon the vote of not less than sixty-seven percent (67%) of the votes in the Association; 23 provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant. SECTION 6. Private Streets. Until dedication to and acceptance by a public body, the streets and rights of way over and across the Property are private and included as part of the Common Elements. The Association shall maintain the streets and rights of way on the Property as provided for in Article III of this Declaration, and the Association may levy assessments for the improvement and maintenance of the streets and rights of way in accordance with Article IV of this Declaration. The streets and rights of way over and across the. Property shall remain private unless and until the said streets and rights of way are dedicated to and accepted by a public body. SECTION 7. North Carolina Planned Community Act. It is the intent of the Declarant to comply with the requirements unposed on the Planned Community by the Act, and to the extent any of the terms in this Declaration are in conflict with the Act, the terms of the Act shall control. SECTION 8. Amplification. The provisions of this Declaration are amplified by the Articles of Incorporation and Bylaws of the Association; but no such amplification shall alter or amend any of the rights or obligations of the Owners set forth in this Declaration. Declarant intends that the provisions of this Declaration on the one hand, and the Articles of Incorporation and Bylaws of the Association on the other be interpreted, construed, and applied to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, Declarant intends that the provisions of this Declaration control anything contained in the Articles of Incorporation or Bylaws of the Association. [Remainder of page intentionally left blank; signature page to follow] 24 IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be executed in its company name by its duly authorized manager(s) this the W day of October, 2010. DECLARANT: RTSFR & D, LLC, a North Carolina limited liability company (SEAL) By: Name: Title: STATE OF NORTH CAROLINA e�vt�'2X` _ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: I d� G . IM A or Ao,2010 [-Noot-a'r.Vs signature as name appears on seal] Er 1 C -A,tl u /1 �en� [Notary's printed name as name appears on seal] Seal in Space Above] j9 I My commission expires: 7— n-4 , 20La-- 25 Exhibit A NMM.C&dkm D ntandNaUdRaoffam.- Gerdy BMPffdUe Gonmr STATE STORMWATER PERMIT NAMBOWNERSHIP CHMGE FORM L. CURRENT PERMIT INFORMATION 1. Skmmmiater Monagammat Pm M, Nun*er.- 2- Pmjed Name7 1 OmentPermit HdWeesCoWanyMmeffiqpifizdion: 4. ftnfng OffidiVz- Namea Tilk 6. Maft AddmsL- Sbbm ZFPC- 6. 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N&M- QAUM[)Qrd&WA FI&10&085� DR&AM efWater Quaft aff.-I&ADIN w Me afiached rnqpL Please ncWL-.Umt#'&e�q*axedPer aftelabdaumeknoi;fhe,, '0=ffiE.LPRWHdYUZUW' I OW nu of amq_pLe& aindatn page 4 aft dacmuent &a& the. hmisilf =W rwff arm =VkDOMPFL-ViGNOVOM MW3-04 28 VL. PROPERT- TOWNER COMACT INFORMANIGN AND CERTIFICATION fffkePwpcwedPem*feeffded in Sedkmff and Vaf&kf&m-&-;nptMe1FWWedy0ww, the X��.Dimmir.-MutpMvi* hkftrQmbcf kAmalim belbwand shgo Mbfimpir -Pnnted Namar. owniuvom Tiffs vinwm ilm ownizamm SheetAddpm: App- MAngAddFBsw W. BUS: Zip. Phoner. Fax uceftchat lownthe MorMed in I& peovAlransbir dmmmt mW hero 1111wen pem . i . SSHM ,P,,,,,=Prlop= h8mlimsil and Vtodevoop, lease orlumhase-thepm . A perly. a of the lease a sides contmot Iran beam pmoided With -ft givementorpendlingpw =ffku thea const m-.dkm. wAW qWagm and nEwmance.of1ho stammawr system As the kW pimperly owner I Wb=4edgo. mdgmbmd. e bywny-s%pmkm Duff chat.I no iwdL 'ffig designated Prqposedi ar as a pumilim.-aro" w1ft lh. e weloper.andIM %=4hisakes1he- pmrvj--andkr-mmwfm ordekaft im lhshr baie agmenmLorponding! we= . sales wnkact rewm0ibilfty for skmphame. vM the. DWQ. Sbuinwader penuit- Fopols. bwk- trite,. flee Prowdymmer.Asffwbrapedyamer.Rdsawmsomshft-im nMvDMQtier subm11Umma. pumhasm far to. pipperty, beatmot W1111V Fa acmidance vAlk Me, piiii Is -a vfoM*w: of NO Goneral Stalm. 14321FLI, and' may tomilt fit a -pmpfiate enfbmmwd acim bdudiiqg the as�nimnl-..Mf dhdt.pendlies. of Win, p 3215AM per day. pfimmant-lo MOGS 143215.6L 19%nakme ofthe propedy amw Date: a Nobuy Flublimforlbe- Slates of counly or der hemby meift that: piusmallyappeamdbefamnieffifsthe day of p 20__.,, wid miftnioledge The due emmlim affhe faMping inshument Witness my hand and offidbi seal. NotarySignahim. SaWNDOMPREVISMm" A39040r.4 29 .f1r Exhibit B (Maximum Built -Upon Area Lot Allotments) South Bridge Subdivision Lot Allotments Febru 23,2010 Lot # Max. Lot BUA s Lot # Max. Lot BUA s 1 2,582 35 3,555 2 2,835 36 2,620 3 2,932 37 3,032 4 2,994 38 3,280 5 3,086 39 3,630 6 2,835 40 39533 7 2,932 41 3,280 8 2,582 42 3,280 .9 3,086 43 4139 10 2,835 44 4,077 11 3,023 45 3,807 12 3,115 46 4,157 13 2 611 47 4,219 - 14 2,865 48 4,311 15 2,962 49 4,157 16. 3,024 . - .. 50. ... _ _ . 3,727 17 2 582 51 3,980 18 3,086 52 6,135.82 19 2,994 53 3,692 20 2,932 54 3,630 21 211835 55 31533 22 2,582 56 3,280 23 2,582- 57 3,784 24 2,932 58 3,702.61 25 2,994 59 2,970 26 3,086 60 2,873 27 3,652 61 2,622.73 28 3,302 62 2,800 29 2,582 63 2,800 30 3,593.5 64 2,800 31 3,690. 65 2,800 32 3,798 66 2,800 33 3,752 67 2,800 34 4,248 68 1 2,800 30