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HomeMy WebLinkAboutSW8121019_CURRENT PERMIT_20210727STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 2101 9 DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 207,1 0-12-1 YYYYMMDD ROY COOPER Governor DIONNE DELL[-GATTI seaemry BRIAN WRENN NORTH CAROLINA Director Emvonmenial Quaftry July 27, 2021 Beaufort Spring Housing Associates, LLC Attn: Timothy G. Morgan, Managing Member 7706 Sox Forks Road Raleigh, NC 27615 Subject Permit Renewal State Stormwater Management Permit No. SW8 121019 Beaufort Spring Carteret County Dear Mr. Morgan: The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on July 23, 2021. The Division is hereby notifying you that permit SW8 121019 has been renewed on July 27, 2021 and shall be effective until January 10, 2029. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit The renewal and reissuance of this Stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state Stormwater permit. The plans originally approved on January 10, 2013 and most recently transferred on September 6, 2019, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdem.gov. Sincerely, z t .,J�- Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents DES/arcs: \\\Stormwater\Permits & Projects\2012\121019 HD\2021 07 permit 121019 cc: NCDEQ-DEMLR Wilmington Regional Office North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wihnmgton Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ,®mvcwa�xs 910.7%.7215 State Stormwater Management Systems Permit No. SW8 121019 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 Beaufort Spring Housing Associates, LLC Beaufort Spring US Hwy 70, Beaufort, Carteret County FOR THE construction, operation and maintenance of one (1) constructed wetland, within ''/z mile of and discharging to SA waters, in compliance with Session Law 2008-211 and the provisions of 15A NCAC 2H .1000 (hereafter, the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until January 10, 2029 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for 2 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.3 (f) of this permit. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.10 of this permit. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The stormwater wetland has been designed to treat the runoff from 141,738 square feet of built -upon area. 4. The maximum built -upon area allowed for the entire subdivision is 141,846 square feet. Of this amount, 141,738 square feet will drain to the stormwater wetland and 108 square feet of sidewalk will drain to the infiltration area/stilling basin to obtain settling prior to being discharged. Direct discharges to SA waters are not allowed. Swale discharges from the design storm must either be infiltrated or diffused at a non -erosive velocity into the vegetated buffer or other natural area. The vegetated buffer or natural area must be capable of providing effective infiltration of the runoff from the design storm. The infiltration area/stilling basin will provide effective infiltration for the runoff from the 108 square feet that cannot drain to the stormwater wetland. Page 1 of 6 State Stormwater Management Systems Permit No. SW8 121019 5. The drainage area will be limited to the amount of built -upon area indicated in Section 11.3 of this permit, and per approved plans. The built -upon area for the future development draining to the stormwater wetland is limited to 54,339 square feet. 6. A 50' wide vegetative buffer must be provided adjacent all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. The volume in excess of the design storm must flow overland through a level spreader and 50 foot vegetative filter strip, designed per NCAC 2H.1008 (f) to pass the peak flow from the 10 year storm in a non -erosive manner. 8. The stormwater wetland design storm must discharge to a level spreader and filter strip capable of providing effective infiltration per SL2008-211, Section 2(b), (1)(c)(2). 9. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the owner of the lot has obtained a separate Offsite Stormwater Management Permit. 10. The following design criteria have been approved for the constructed wetlands stormwater facility, and must be provided in the system at all times: a. Drainage Area #1, acres: 5.93 Onsite, ft2: 258,311 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 141,738 Lot 2 Buildings, ft2: 29,185 Lot 2 Parking ft2: 26,594 Lot 2 Sidewalk, ft2: 10,521 Lot 2 Entrance Road, ft2: 21,099 Lot 1 (Future), ft2: 54,339 c. Plant Depth, inches: 12 d. TSS removal eff., W 85% e. Design Storm, inches: 3.66 f. Permanent Pool Elevation, FMSL: 9-5 g. Permitted Wetland Surface Area, ft2: 39,000 h. Shallow Land Area, ft2: 15,600 i. Shallow Water Area, ft2: 15,600 j. Deep Pool Area, ft2: 7,800 k. Permitted Temporary Storage Volume, ft3: 39,000 I. Temporary Storage Elevation, FMSL: 10.5 m. Controlling Orifice 0": 3.00 n. Trees 0 o. Shrubs 0 p. Herbaceous Plants 7,800 q. Receiving Stream / River Basin Turner Creek / WOK04 r. Stream Index # / Classification 21-35-1-11-1 / SA HQW Page 2 of 6 State Stormwater Management Systems Permit No SW8 121019 II. SCHEDULE OF COMPLIANCE The stormwater management system shall be entirely constructed, vegetated and operational for its permitted use prior to the construction of any built -upon surface. 2. 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. 3. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 121019. as issued by the Division under NCAC 02H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 54,339 square feet for Lot 1 and 87,507 square feet for Lot 2. 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 is defined in NCGS 143-214.7. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be achieved by piping or grading. h. Built -upon area in excess of the permitted amount will require a permit modification. j. All affected lots shall maintain a 50' wide vegetative buffer adjacent to all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. k. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. I. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. 4. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 5. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed, unless and until a permit modification has been approved by the Division. 6. The permittee is responsible for the routine monitoring of the project to assure continued compliance with the built -upon area limits, grading and storm drainage system established by this permit, the permit documents, the approved plans and the recorded deed restrictions. The permittee shall notify any non -compliant lot owner in writing and shall require timely remediation of the non-compliance. Page 3 of 6 State Stormwater Management Systems Permit No. SW8 121019 7. 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. 8. All stormwater runoff collection and control measures must be contained within either a public right-of-way, dedicated common area or recorded easement. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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. 10. 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. 11. The permittee shall provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 12. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 13. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. Page 4 of 6 State Stormwater Management Systems Permit No. SW8 121019 14. 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. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants, b. The assignment or conveyance of declarant rights to another individual or entity, C. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08, e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; Page 5 of 6 State Stormwater Management Systems Permit No. SW8 121019 5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; C. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission, however, these actions do not stay any permit conditions. 9. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 12. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Permit renewed, updated and reissued this the 27th day of July 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION tX Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 6 Attachment C - Permitting History Beaufort Spring Permit No. SW8 121019 Approval Date permit Action BIMS 'VersionDescription of the Changes 1/10/2013 Original Approval 1.0 6/22/2017 Modification 1.1 the reallocation of the 141,846 sf or permitted BUA between Lot 1 and Lot 2 9/6/2017 Transfer 1.2 from Evergreen Construction Company, Inc. to Beaufort Spring Housing Associates, LLC 7/27/2021 Renewal 2.0 Permit Number:.SGc%������% (to be provided by DWQ) Drainage Area Number: Stormwater Wetland 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: — Immediately following construction of the stormwater wetland, bi-weekly inspections will be conducted and wetland plants will be watered bi-weekly until vegetation becomes established (commonly six weeks). — No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants. — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wetland. — .Once a year, a dam safety expert should inspect the embankment. After the stormwater wetland is established, I will inspect it monthly 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 Potenfialti ioblern: , , How iwillir6iii ite tlie< roblem - ` i` " . Entire BMP Trash/debris is present. Remove the trash/debris. Perimeter of wetland Areas of bare soil and/or erosive Regrade the soil if necessary to remove the gullies have formed. 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 an appropriate height. Inlet device: pipe or The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment Swale offsite. The pipe is cracked or otherwise Replace the pipe. if applicable). -damaged Erosion is occurring in the swale (if Regrade the swale if necessary to smooth applicable). it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW401-Wetland O&M-Rev.4 EQCE UG E OCT 2 2 2012 Page 1 3 BY: Permit Number: (to be provided by DWQ) °?HoLwill reine$iate the;"ioblem ... Forebay Sediment has accumulated in the forebay to a depth that inhibits the Search for the source of the sediment and remedy the problem if possible. Remove forebay from functioning well. 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 present. Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying. Deep pool, shallow water and shallow land areas Algal growth covers over 50% of the deep pool and shallow water areas. Consult a professional to remove and control the algal growth. Cattails, phragmites or other invasive Remove invasives by physical removal or plants cover 50% of the deep pool and by wiping them with pesticide (do not shallow water areas. spray) - consult a 2rofessional. Shallow land remains flooded more Unclog the outlet device immediately. than 5 days after a storm event. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if necessary. Best professional practices show that Prune according to best professional pruning is needed to maintain optimal practices. health. -plant Sediment has accumulated and Search for the source of the sediment and reduced the depth to 75% of the remedy the problem if possible. Remove original design depth of the deep the sediment and dispose of it in a location pools. where it will not cause impacts to streams or the BMP. Embankment A tree has started to grow on the Consult a dam safety specialist to remove embankment. the tree. An annual inspection by appropriate Make all needed repairs. professional shows that the embankment needs repair. Evidence of muskrat or beaver activity Consult a professional to remove muskrats is present. or beavers. Micropool Sediment has accumulated and Search for the source of the sediment and reduced the depth to 75% of the remedy the problem if possible. Remove original design depth. the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. 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. Receiving water Erosion or other signs of damage have Contact the NC Divisio L. ter Quality occurred at the outlet. 401 Over ' 9 99 1 86. Form SW401-Wetland O&M-Rev.4 NU,aCj 2 2 2012 Page-2-of-3 tt Permit Number: (to be provided by DiVQ) 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: Beaufort Spring BMP drainage area number: Print name: Lyle D. Gardner Title: Owner and President Address: 7706 Six Forks Road, Suite 202, Raleigh, NC 27615 Signature: F%401lY Note: The legally responsible parry 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, LB a a Notary Public for the State of County of W4-Kt do hereby certify that I- /e D i-� hI ✓ personally appeared before me this --�- O day of alJl ;- , and acknowledge the due execution of the forgoing stormwater wetland -1-K CP� maintenance requirements. Witness my hand and official seal, SEAL My commission expires a� pit 2 2 20�2 Form SW401-Wetland O&M-Rev.4 Page 3 of 3 Permit Number:'-S�B�Z���� (to be provided by DWQ) 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: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of 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: Potentialproblem: How I will remediate theproblem: The entire filter strip Trash/debris is present. Remove the trash/debris. system The flow splitter device The flow sputter device is Unclog the conveyance and dispose (if applicable) clogged. of any sediment off -site. The flow sputter device is Make any necessary repairs or damaged. replace if damage is too large for repair. r=CF—IVEh OCT 2 2 2012 8Y: Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The swale 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 application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo e of the level lip. 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. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). approximately 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 lime and a one-time fertilizer 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. Plants are desiccated. Provide additional irrigation and fertilizer as needed. 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. Nuisance vegetation is Remove vegetation by hand if choking 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. 1 401 Oversight Unit at 919-733-1786 Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 ECE MT 2 2 2012 Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that 1 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: BMP drainage area number: Print Title: Owner and President Address: 7706 Six Forks Road, Suite 202, Raleigh, NC 27615 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, I 1 � , a Notary Public for the State of A)C , County of W4-K&F , do hereby certify that I— Ay D- 644110 Y personally appeared before me this �v day of a a�� , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal �'P�...;..,0� !f ,�O tq ,p .9c ,GBLIG / t SEAL '4�O TA,Q� My commission expires/G -•••' oct i 2 ve Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 s Permit Number: (to be provided by Drainage Area Number: Stormwater Wetland 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: — Immediately following construction of the stormwater wetland, bi-weekly inspections will be conducted and wetland plants will be watered bi-weekly until vegetation becomes established (commonly six weeks). — No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants. — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wetland. — Once a year, a dam safety expert should inspect the embankment. After the stormwater wetland is established, I will inspect it monthly 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. BMMelement: OP,otentialf"roblemI OHow%ICwill remediate'Tthe� i rolilem Entire BMP Trash/debris is present. Remove the trash/debris. Perimeter of wetland Areas of bare soil and/or erosive Regrade the soil if necessary to remove the gullies have formed. 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 an appropriate height. Inlet device: pipe or The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment swale offsite. The pipe is cracked or otherwise Replace the pipe. damaged if applicable). Erosion is occurring in the swale (if Regrade the swale if necessary to smooth applicable). it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. ECEIVE JUL 0 7 2017 Form SW40I-Welland O&M-Rev.4 ?!� �rt:`:4• }' �. _ 'S ,i._.._ ...i• i' - • :,, � Permit Number: (to be provided by Forebay Deep pool, shallow water and shallow land areas Embankment Micropool device Receiving water Sediment has accumulated in the forebay to a depth that inhibits the forebay from functioning well. Erosion has occurred. Weeds are present. Algal growth covers over 50% of the deep pool and shallow water areas. Cattails, phragmites or other invasive plants cover 50% of the deep pool and shallow water areas. Shallow land remains flooded more than 5 days after a storm event. Plants are dead, diseased or dying. Best professional practices show that pruning is needed to maintain optimal plant health. Sediment has accumulated and reduced the depth to 75% of the original design depth of the deep pools. A tree has started to grow on the embankment. An annual inspection by appropriate professional shows that the embankment needs repair. Evidence of muskrat or beaver activity is present. Sediment has accumulated and reduced the depth to 75% of the original design depth. Clogging has occurred. The outlet device is damaged Erosion or other signs of damage have occurred at the outlet. Form SW401-Wetland O&M-Rev.4 Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying. Consult a professional to remove and control the algal growth. Remove invasives by physical removal or by wiping them with pesticide (do not spray) - consult a professional. Unclog the outlet device immediately. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if necessary. Prune according to best professional practices. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a dam safety specialist to remove Make all needed repairs. Consult a professional to remove muskrats or beavers. Searcn for me source of the 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. Clean out the outlet device. Dispose of the sediment off -site. Repair or replace the outlet device. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786. ECEIVE JUL 0 / Mae 3 BY: Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Beaufort Spring BMP drainage area number: Print name: Date: GV1 �'\\'l 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. ` Chl� , a Notary Public for the State of ^ , County of L.i c �r--Q , do hereby certify that n �I IP �AA,I/l/yw personally appeared before me this 23t� day of and acknowledge the due execution of the forgoing stormwater wetland maintenance requirements. Witness my hand and official seal, CWPP® S. /r6 N Z NOTARY PUBLIC My commission expires rzcr=—ivr JUL 0 7 2097 BY: Form SW401-Wetland O&M-Rev.4 Page 3 of 3 9 � •, n ���. it \ �! li ll r�4 Permit Number: (to be provided by DWQ) 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: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of 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 time 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: Potentialproblem: How I will remediate theproblem: The entire filter strip Trash/debris is present. Remove the trash/debris. system The flow splitter device The flow splitter device is Unclog the conveyance and dispose (if applicable) clogged. of any sediment off -site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. :CEIVE JUL 0 7 1017 Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page BMP element: Potentialproblem: How I will remediate theproblem: The swale 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 application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo e of the level lip. 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. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). approximately 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 lime and a one-time fertilizer 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. Plants are desiccated. Provide additional irrigation and fertilizer as needed. 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. Nuisance vegetation is Remove vegetation by hand if choking 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 Oversight Unit at 919-733-1786. ECEI V G JUL 0 7 2097 Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M -RAY 3 " e �: y*-! �� i, �: Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: BMP drainage area number: Address:7706 Six Forks Road, Suite 202, Raleieh, NC 27615 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. YA'� OW k ' \ , a Notary Public for the State of �( County of �li� , do hereby certify that � �wwvr �y personally appeared before me this day of Aw , 13�0 , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, s. OOTARy PUBLIC SEAL ECEIVE My commission expires �1` �`l JUL Q % 2W BY: Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 i . . li._- _ _ — -. __ __ __ _. _ _--UtMLH nSEUNC Y--__ - — — --__- . __ __ __ ii ` Date Rec ived Fee Paid Permit Number ` 605 Silg i5ala NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM 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 121019 2. Project name: Beaufort Spring 3. Project street address: 1793 Live Oak Street City: Beaufort County: Carteret ZIP 28516 4. What, if any, changes have been made to the project as permitted? If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/abouUdivisions/energy min era I-land-resou rces/energy-m i neral-la nd-ru les/stormwater-prog ram/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. https:/Ideg.nc.gov/abouUdivisions/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: Beaufort Spring Housing Associates. LLC 2. Signing Official's Name: Timothy G. Morgan 3. Signing Official's Title: member -manager 4. Mailing Address: 7706 Six Forks Road City: Raleigh State: NC ZIP: 27615 5. Street Address: Same City: State: ZIP 6. Phone: (919) 848-2041 Email: timpeccmgt.com JUL 13 1011 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 HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: TGM 1. A permit application processing fee of $505.00 payable to NCDEQ. TGM 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. TGM 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. TGM 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. TGM 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. 5. [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. TGM 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration JUL 2 3 2021; BY: Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION the person legally responsible for the permit, certify that I have a copy of the Permit and 6&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: ri"'" Date: 1�1�1�2»-I NOTARIZATION: that this the 14 , a Notary Public for the State of County of A)aXA_ , do hereby certify personally appeared before me day of 20 2l , and acknowledge the due orgoing instrument. Witness my hand and official seal, xpires as • _� JUL 2 3 2021 By.•_� Stormwater Permit Renewal Application Form - Page 3 of 3 May 11, 2018 `1 �pF W A rF9O RI G NCDEMR u � STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WETLAND SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all the required information. I. PROJECT INFORMATION Project name Beaufort Spring Contact name Matthew D. Williams, PE Phone number Date Drainage area number II. DESIGN INFORMATION Site Characteristics (252) 756-1290 January 2, 2013 Drainage area 258,311.00 It Impervious area 141,738.00 ftZ Percent impervious 54.9% % Design rainfall depth 1.50 inch Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.66 in 1-yr, 24-hr intensity 3.73 in/hr Pre -development 1-yr, 24-hr runoff 4.15 ft3/sec Post -development 1-yr, 24-hr runoff 14.84 ft3/sec Pre/Post 1-yr, 24-hr peak control 10.69 ft3/sec Storage Volume: III Waters Minimum required volume ft3 Volume provided (temporary pool volume) ft3 Storage Volume: SA Waters Parameters 1.5' runoff volume 17560.00 ft3 Pre -development 1-yr, 24-hr runoff volume 5,472.00 ft3 Post -development 1-yr, 24-hr runoff volume 44,403.00 ft3 Minimum volume required 38931.00 ft3 Volume provided 39,000.00 ft3 OK Outlet Design Depth of temporary pool/ponding depth (0,,,.) 12.00 in OK Drawdown time 3.30 days OK Diameter of orifice 3.00 in OK Coefficient of discharge (Co) used in orifice diameter calculation 0.60 (unitless) pC a ®ER Ec i1= �b Driving head (Ho) used in the orifice diameter calculation 0.33 ft OK JAN 0 3 2013 BY: Form SW401-Wetland-Rev.6-11/16/09 — - - Parts I and II. Project Design Summary, Page 1 of 3 Surface Areas of Wetland Zones Surface Area of Entire Wetland 39,000.00 ft' OK Shallow Land 15,600.00 ft' OK The shallow land percentage is: 40% % Shallow Water 15,600.00 ft' OK The shallow water percentage is: 40% % Deep Pool Forebay portion of deep pool (pretreatment) 3,900.00 ft2 OK The forebay surface area percentage is: 10% % Non-forebay portion of deep pool 3,900.00 ft' OK The non-forebay deep pool surface area percentage is: 10% % Total of wetland zone areas 39,000.00 ftz OK Add or subtract the following area from the zones 0.00 it, Topographic Zone Elevations Temporary Pool Elevation (TPE) Shallow Land (top) 10.50 ft amsl Permanent Pool Elevation (PPE) Shallow Water/Deep Pool (top) 9.50 ft amsl Shallow Water bottom 9.00 ft amsl Most shallow point of deep pool's bottom 8.00 ft amsl Deepest point of deep pool's bottom 8.00 ft amsl Design must meet one of the following two options: This design meets Option #1, Y (Y or N) Top of PPE is within 6" of SHWT, If yes: SHWT (Seasonally High Water Table) 9.00 ft amsl OK This design meets Option #2, (Y or N) Wetland has liner with permeability < 0.01 in/hr, If yes: Depth of topsoil above impermeable liner in Topographic Zone Depths Temporary Pool Shallow Land 12.00 in OK Permanent Pool Shallow Water 6.00 in OK Deep Pool (shallowest) 18.00 in OK Deep Pool (deepest) 18.00 in OK Planting Plan Are cattails included in the planting plan? N (Y or N) OK Number of Plants recommended in Shallow Water Area: Herbaceous (4'cubic-inch container) 3,900 Number of Plants recommended in Shallow Land Area: Herbaceous (4'cubic-inch container), OR 3,900 Shrubs (1 gallon or larger), OR 624 Trees (3 gallon or larger) and Herbaceous (4+ cubic -inch) 78 and 3,120 Number of Plants provided in Shallow Water Area: Herbaceous (4'cubic-inch container) 3,900 OK Number of Plants provided in Shallow Land Area: Herbaceous (4'cubic-inch container) 3,900 OK Shrubs (1 gallon or larger) 0 More required if not planting herb. and/or trees. Trees (3 gallon or larger) and 0 More required if not planting herb. and/or shrubs. Grass -like Herbaceous (4+cubic-inch) 0 More recommended if planting trees.p ECEI �0' E JAI 0 3 2013 Form SW401-Wetland-Rev.6-11/16/09 {y Parts I and 13'r6jectDesign ummary, Page 2 of 3 Additional Information Can the design volume be contained? Y (Y or N) OK Does project drain to SA waters? If yes, Y (Y or N) OK What is the length of the vegetated filter? 50.00 ft Are calculations for supporting the design volume provided in the Y (Y or N) OK application? Is BMP sized to handle all runoff from ultimate build -out? Y (Y or N) OK Is the BMP located in a recorded drainage easement with a Y (Y or N) OK recorded access easement to a public Right of Way (ROW)? The length to width ratio is: 2.32 :1 OK Approximate wetland length 332.00 It Approximate wetland width 143.00It Approximate surface area using length and width provided 47,476.00 fts This approx. surface area is within this number of square feet of the entire wetland surface area reported above: Will the wetland be stabilized within 14 days of construction? Y (Y or N) OK RECEIVE 1A1 111113 Form SW401-Wetland-Rev.6-11116/09 Parts 1 and H. Project Design Summary, Page 3 of 3 Permit No. (to be provided by DWO) 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. Initials Page/ Plan Sheet No. �A�'^/ r1 [tt ✓r 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), - Wetland dimensions (and length to width ratio), - Pretreatment system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. 1 jOY t J tL .7 2. Plan details (1" = 50' or larger) for the wetland showing: - Wetland dimensions (and length to width ratio) - Pretreatment system, Maintenance access, Proposed drainage easement and public right of way (ROW), Design at ultimate build -out, Off -site drainage (if applicable), Overflow device, and Boundaries of drainage easement. z 7aW ��Iti"7 3. Section view of the wetland (1" = 20' or larger) showing: - Side slopes, 3:1 or lower - Wetland layers All wetlands: Shallow land depth, shallow water depth, deep pool depth Option 1, no clay liner: SLWT depth Option 2, clay liner: Depth of topsoil on top of liner, liner specifications 014 et 4. A detailed planting plan (1" = 20' or larger) prepared by a qualified individual showing: - A variety of several suitable species (not including cattails), - Sizes, spacing and locations of plantings, - Total quantity of each type of plant specified, - A planting detail, - The source nursery for the plants, and N�a�n/�/� ,�/� - Fertilizer and watering requirements to establish vegetation. 1VPk Sett Y 5. A construction sequence that shows how the wetland will be protected from sediment until the entire drainage area is stabilized. t0-W 6. The supporting calculations (including drawdown calculations). ECEIVE P NQV_ 7. A copy of the signed and notarized operation and maintenance (0&M) ay 0 3 2013 41 8. A copy of the deed restrictions (if required). BY: A(y— 9. A soils report that is based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. S W 401-Wetland-Rev.6-11 /16/09 Part III, page 1 of 1 '( W > D111Q NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER - VEGETATED FILTER STRIP (LS-VFS) SUPPLEMENT This form must be completely filled out printed, initialed, and submitted. I. PROJECT INFORMATION Project name Beaufort Spnng .. Contact name Matthew D. Williams, PE Phone number (252) 756-1390 Dale January 2, 2013 Drainage area number 1 II. DESIGN INFORMATION The purpose of the LS-VFS SW Rule: 10-year drawdown from Wet Pond Stormwater enters LS-VFS from A BMP Type of VFS Engineered filter strip (graded & sodded, slope < B%) Explanation of any 'Other' responses above If Stormwater Enters the LS-VFS from the Drainage Area Drainage area Do not complete this section of the form. Impervious surface area Do not complete this section of the form. Percent impervious % Do not complete this section of the form. Rational C coefficient Do not complete this section of the form. Peak flow from the 1 inthr stone cts Do not complete this section of the form. Time of concentration min Do not complete this section of the form. Rainfall intensity, 10-yr storm inlhr Do not complete this section of the form. Peak flow from the 10-yr storm cfs Do not complete this section of the form. Desgn storm Pick one: Maximum amount of flow directed to the LS-VFS cis Do not complete this section of the form. Is a flow bypass system going to be used? (Y or N) Do not complete this section of the form. Explanation of any 'Other' responses above If Stormwater Enters the LS-VFS from a BMP Type of BMP Other. Explained below Peak discharge from the BMP during the design stone 0.19 cfs Peak discharge from the BMP during the 10-year stone 4.29 cfs Maximum capacity of a 100-foot long LS-VFS 10 cfs Peak flow directed to the LS-VFS 4.29 cfs Is a flow bypass system going to be used? N (Y or N) Explanation of any "Other' responses above Constructed Stormwater Welland HIECEIVEfl JAN 0 3 202 BY: Form SW401 - LS-VFS - 29June2012 - Rev.10 page 1 of 3 LS-VFS Design Forebay surface area (Depth of forebay at slonnwater entry point Depth of forebay at slormwater exit point Feet of level lip needed per cfs Computed minimum length of the level lip needed Length of level lip provided Width of VFS Elevation at downslope base of level lip Elevation at the end of the VFS that is farthest from the LS Slope (from level lip to the end of the VFS) Are any draws present in the VFS? Is there a collector swale at the end of the VFS? Bypass System Design (if applicable) Is a bypass system provided? Is there an engineered flow splitting device? Dimensions of the channel (see diagram below): M 6 W y (flow depth for 10-year storm) freeboard (during the 10-year stone) Peak velocity in the channel during the 10-yr storm Channel lining material Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Explanation of any 'Other' responses above sq ft in in 10 fticfs 43 ft 43 ft 50 ft 9.48 fmsl 9.25 fmsl 0.46 % N (Y or N) N (Y or N) (Y or N) (Y or N) ft ft If it ft fvsec Pick one: R' L B 1 (Y or N) fY or NI OK ECIEIVEfA JAN 0 3 2013 BY: ------- Form SW401 - LS-VFS - 29June2012 - Rev.10 page 2 of 3 III: REQUIRED ITEMS CHECKLIST 'EDIT 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. Requried Item: 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), - Forebay (if applicable), - High Flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), and - Boundaries of drainage easement. 2. Plan details (1' = Nor larger) for the level spreader showing: - Forebay (if applicable), - High flow bypass system, - One foot topo lines between the level lip and top of stream bank, - Proposed drainage easement, and - Design at ultimate buildaut. 3. Section view of the level spreader IV = 20' or larger) showing: - Underdrain system (if applicable), - Level lip, - Upslope channel, and - Downslope filter fabric. 4. Plan details of the flow splitting device and supporting calculations (if applicable). 5. A construction sequence that shows how the level spreader will be protected from sediment until the entire drainage area is stabilized. 6. If a non -engineered VFS is being used, then provide a photog mph of the VFS showing that no draws are present. 7. The supporting calculations. 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. Page or plan sheet number and any notes: 5 heef 5 Oeef 5 Sheaf 5 6heei y ECEOVE JAN 0 3 2013 BY: Form SW401 - LS-VFS - 29June2012 - Rev.10 page 3 of 3 Beaufort Spring Stormwater Permit No. SW8 121019 Carteret County Designer's Certification State Stormwater Management Systems Permit No. SW8 121019 ECEIVE Page 1 of JUN 0 6 2017 BY: I, I(igc- Pak k/ VO4M , as a duly registered Pro -eSSioral Engil)eff- in the State of N h Carolina,having been authorized to observe (periodically/weekly/f 1 time) the construction of the project, 0-1 S for E V 2fC1 f E2�1 CnnS+fVC+iofk & (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 are a part of this Certification. Noted deviations from approved plans and specifications- - Ilelhs 41 lkov°j� 1 *14 lye 1becvt aer` ,*Rd previovs1? bock in zo)y q>7� i+eVM #.15 hoS �eert a4et'reP i0 Spring ols"(11is is -ghat gPkt'4e--F'o,c4 cjzr}rPico}ior+ co4� r"or\7q -1�1A+ v6e re Ar— 1)6m6er tfp (Avid P(Art}�nq� Qppeor� +o 'navt beeA rov�ded b.,ea on �F e resvlfs W rons4rvC4 v a+L&P IIf\5fe41Oly� 410' +volt P(o,C2. on M`Y �lil+� �-017, _ V,eVi2v" o ms-lovi'14 AfAw'r`gS r2V4Fa) � A+ o%Jd,y,,o t e-Kusi1 i3vA wo$ bYI+N+ -)-ol4 an /I2oli�C (bnS,'Si217 0� concrP{t be C�ec.,bilr4 pad, and A Sign. 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Q ' tJq�spo '•v �l b'r 5 4, ,• 1ti �,n . `�d crvuot .r:r rr 1.1 State Stormwater Management Systems Permit No. SW8 121019 Certification Requirements: Page 2 of 2 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 wetland zone elevations are per the approved plan. 6. The wetland is located per the approved plans. 7. A trash rack is provided on the outlet 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 wetland zone surface area and 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. �15. The required number of wetlands plantings have been provided. cc: NCDEMLR-DEQ Regional Office Town of Beaufort Building Inspections Page 8 of 8 State Stormwater Management Systems ,l Permit No. SW8 121019 Beaufort Spring t'O oe Page 1 of 2 I Stormwater Permit No. SW8 Q09t9 COP 1 2I 04 Carteret County Designer's Certification J.Slephen Janowski as a duly registered Professional in the Slate of North Carolina, having been authorized to observe llenodica eeklylfull lime) the construction of the project, Beaufort Spring (Project) for Evergreen Construction Company (Project Owner) hereby slate that, to the best of my abilities, due care and difigence 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 are a part of this Certification. Noted deviations from approved plans and specifications: Wetland plants were not planted and are deferred to the spring to assure survival. The grades and slopes of the pond meet the intent of the approved plan as well as outlet structure and elevations. Signature Registratk Date 11-8-14 j �O QP.pFSS/pry9��iG% SEAL "ter 12324 �NJ•••F;QIN£EP. •GJy� ll Dm-I.RP State Stormwater Management Systems Permit No. SW8 121019 Certification Requirements: Page 2 of 2 isi 1. The drainage area to the system contains approximately the permitted acreage. isi 2. The drainage area to the system contains no more than the permitted amount of built -upon area. A 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. isi 4. All roof drains are located such that the runoff is directed into the system. isi 5. The wetland zone elevations are per the approved plan. isi 6. The wetland is located per the approved plans. isi _7. A trash rack is provided on the outlet structure. isi 8. All slopes are grassed with permanent vegetation. isi 9. Vegetated slopes are no sleeper than 3:1. tsl 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. isi 11. The permitted amounts of wetland zone surface area and volume have been provided. isi 12. Required drawdown devices are correctly sized and located per the approved plans. isi 13. All required design depths are provided. isi 14. All required parts of the system are provided. deferred to sprin 15. The required number of wetlands plantings have been provided. (see note) cc: NCDENR-DWQ Regional Office Inspector, Town of Beaufort Building Inspections pqur R nr R i; FOR REGISTRATION REGISTER OF DEEDS Karen S Hardesty Carteret County, NC May 23, 2017 9:38:10 AM DECL # Pages: 7 Fee:$26.00 NC Revenue Stamp:$0 00 FILE ft 1576353 Prepared by and mail after recording to: E C E 1 V E Howard S. Kohn Kohn Law, PLLC JUN 0 6 2017 205 West Millbrook Road Suite 210 Raleigh, North Carolina 27609 By; NORTH CAROLINA CARTERET COUNTY DECLARATION OF DEED RESTRICTIONS THIS DECLARATION OF DEED RESTRICTIONS (this "Declaration"), made and entered into as of May 2, 2017, by and between BEAUFORT SPRING HOUSING ASSOCIATES, LLC, a North Carolina limited liability company, and G and M DEVELOPMENT, LLC, a North Carolina liability company, (each, a "Declarant" and collectively, the "Declarants") and the STATE OF NORTH CAROLINA (the "Beneficiary"). WHEREAS, on or about January 10, 2013, State Storrawater Management Permit No. SW8 121019 was granted to Evergreen Construction Co., a North Carolina corporation, as the developer of a multi -family, affordable housing project in Carteret County, NC, known as Beaufort Spring (the "Developer"); and WHEREAS, Developer assigned to Beaufort Spring Housing Associates, LLC, its rights to acquire and develop the properties more particularly described in Exhibit A attached hereto (the "Land"); and WHEREAS, Beaufort Spring Housing Associates, LLC, did not require all of the Land for its Beaufort Spring housing project, and therefore conveyed Lot 1 of the properties more particularly described in Exhibit A attached hereto to G and M Development, LLC; and WHEREAS, G and M Development, LLC, has entered into a contract to sell Lot 1 to a third -party purchaser, and in accordance with the State Stormwater Management Permit, prior to the sale of any lot, the Land must be restricted pursuant to deed restrictions running with the Land, as provided herein; and WHEREAS, Declarants desire and intend to subject the Land to the covenants and restrictions set forth herein, which covenants and restrictions are to be construed as running with the Land, and the Declarants hereby bind themselves and their successors, assigns, grantees and lessees as set forth herein; Submitted electronically by "Kohn Law, rttC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret county Register of Deeds. 576353 NOW THEREFORE, in consideration of the mutual covenants and understandings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Declarants, and each of them, hereby agree as follows: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 121019, as issued by the Division of Water Quality under NCAC 2H.100 (the "Permit"), and for that purpose, the Land is hereby subjected to any and all conditions and requirements of the Permit. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the 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, NC DEQ Division of Energy, Mineral and Land Resources, as successor to the Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the NC DEQ Division of Energy, Mineral and Land Resources, as successor to the Division of Water Quality. f. The maximum built -upon area per lot is 54,339 square feet for Lot 1 and 87,507 square feet for Lot 2. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate_ coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lots must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or to the street, grading the lot to drain toward the pond or street, or grading perimeter swales and directing them into the pond or street. h. Built -upon area in excess of the permitted amount will require a Permit modification. i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of the bank of both sides of streams and rivers and the mean high water line of tidal waters. j. Any individual or entity found to be in noncompliance with the provisions of the Permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G. S. 143, Article 21. k. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to NC DEQ Division of Energy, Mineral and Land Resources, as successor to the Division of Water Quality, and receive a permit prior to construction on the lot. 1576353 Unless the context clearly requires otherwise, as used in this Declaration, words of the masculine, feminine or neuter gender shall be construed to include any other gender when appropriate and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Declaration and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. The titles and headings of the sections of this Declaration have been inserted for convenience of reference only, and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Declaration or any provisions hereof or in ascertaining intent, if any question of intent shall arise. Section 2. Covenants to Run With the Land. The Declarants hereby represent and agree for themselves, their successors and assigns, that the provisions of this Declaration are intended to survive the termination or extinguishment of any security instruments placed of record by any lenders in connection with financing for the development of the Land. The covenants, reservations and restrictions set forth herein shall be deemed covenants running with the Land and shall pass to and be binding upon each Declarant's heirs, assigns and successors in title to the Land. Each and every contract, deed or other instrument hereafter executed covering or conveying the Land or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. If a portion or portions of the Land is conveyed, all of such covenants, reservations and restrictions shall run to each portion of the Land. Section 3. Filing- This Agreement shall be duly recorded in the Office of the Register of Deeds of Carteret County, North Carolina. Section 4. Governing Law. This Agreement shall be governed by the laws of the State of North Carolina. Section 5. Amendments. This Agreement shall not be amended, revised, or terminated except by a written instrument, executed by the parties hereto or their successors in title, and duly recorded in the Office of the Register of Deeds of Carteret County, North Carolina. Section 6. Notice. Any notice required to be given hereunder shall be given by certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto: Declarants: Beaufort Spring Housing Associates, LLC 7706 Six Forks Road Raleigh, North Carolina 27615 Attn.: Timothy G. Morgan G and M Development, LLC 7706 Six Forks Road Raleigh, NC 27615 Attn.: Timothy G. Morgan 1576353 Notice shall be deemed given on the third business day after the date of mailing. Section 7. Severability. If any provision hereof shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Section 8. Multiple Counterparts. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. [SIGNATURE PAGES FOLLOW] 1576353 IN WITNESS WHEREOF, the Declarants have executed this Agreement by duly authorized representatives, all on the date first written herein above. BEAUFORT SPRING HOUSING ASSOCIATES, LLC, a North Carolina limited liability company By: LIHTC MANAGERS, LLC, a North Carolina limited liability compnany, its Manager By: Name: Lyle D. Gardner Title: Member By: gip- Name: Timothy G. Morgan Title: Member STATE OF NORTH CAROLINA 1, the undersigned, a Notary Public for the state and county aforesaid, certify that Lyle D. Gardner and Timothy G. Morgan each personally appeared before me this day and each acknowledged that he voluntarily executed the foregoing instrument on behalf of the company in the capacity indicated. Witness my hand and official stamp or seal this the 3 day of May, 2017. My commission expires: M C0 Rotary Public y" �OT,� ✓Printed Name: 3/rN/LE !� . c.•NNCL�j� �9BL10 . _ 1576353 G and M DEVELOPMENT, LLC, a North Carolina limited liability company By: Name: Lyl6 D. Gardner Title: Member -Manager By: rhnt fJ Name: Timothy G. Morgan Title: Member -Manager STATE OF NORTH CAROLINA i1�lrL� �] I, the undersigned, a Notary Public for the state and county aforesaid, certify that Lyle D. Gardner and Timothy G. Morgan each personally appeared before me this day and each acknowledged that he voluntarily executed the foregoing instrument on behalf of the company in the capacity indicated. Witness my hand and official stamp or seal this the 3 day of May, 2017. My commission expires: j5 ; -17 Notary Public Printed Name: Ti1N•�� r'' Gr�,i.�: c7' *O7A •r» 10 1576353 EXHIBIT A LEGAL DESCRIPTION BEING all of Lot 1, containing 1.836 acres, and all of Lot 2, containing 6.403 acres, as shown on plat of survey entitled "BEAUFORT SPRING - BEAUFORT TOWNSHIP - CARTERET COUNTY, N.C.", prepared by Baldwin Design Consultants, PA, and recorded in Book of Maps 2013, Page 417, of the Carteret County Registry. NORTH CAROLINA. CARTERET COUNTY Thlo keaunnnt rm dYe con to.r. tua duly toad at the do* M thrr rM to to Hoak and Pope Shown on Voo and pap tomoof. . awF.Wrwor ' �r Prepared By and Return To: NORTH CAROLINA CARTERET COUNTY Kohn Law, P.L.L.C. 205 West Millbrook Road Suite 210 Raleigh, NC 27609 fllE 414�114 FOR REGISlR9TIVN REYIEIER OP aEEaS JeY LWr�M� ' Grlv�t Lw,ty. K November 12, 2813 02:48:20 Ph 6K ESK 7 P FEE. no OO FILE 11465174 JOINT DRIVEWAY EASEMENT AGREEMENT DRAINAGE EASEMENT AND AGREEMENT TO CONVEY EASEMENT FOR INGRESS AND EGRESS DRAINAGE AND UTILITY CONNECTIONS THIS JOINT DRIVEWAY EASEMENT AGREEMENT, DRAINAGE EASEMENT AND AGREEMENT TO CONVEY EASEMENT FOR INGRESS AND EGRESS, D AGE AND UTILITY CONNECTIONS (this "Agreement') made and entered into this day of November, 2013, by and between BEAUFORT SPRING HOUSING ASSOCIATES, LLC, a North Carolina limited liability company (hereinafter "Beaufort Spring") and G AND M DEVELOPMENT, LLC, a North Carolina limited liability company (hereinafter "G and M"). Each of Beaufort Spring and 0 and M rosy hereafter be referred to individually as "Owner"and together as "Owners." WITNESSETH: WHEREAS, Beaufort Spring is the owner of that certain parcel of land situated in Beaufort Township, Carteret County, North Carolina, containing approximately 6.403 actes, as shown as Lot 2 in that certain plat of survey entitled "BEAUFORT SPRING" prepared by Baldwin Design Consultants, PA, and recorded in Book of Maps 2613, Page IL of the Carteret County Registry; and 3L WHEREAS, G and M is the owner or contract purchaser, from Beaufort Spring, of that certain parcel of land situated in Beaufort Township, Carteret County, North Carolina, containing approximately 1.836 acres, as shown as Lot I in the above -referenced plai of survey recorded in Book of Maps Z64- ,, Page L Carteret County Registry, and WHEREAS, a 20' wide paved driveway has been installed or will be installed by Beaufort Spring upon Lot 2, running from the northern margin of Live Oak Street and along the 1 BOOK 1�k� PAGE_LrlV ECEIVE JUL 0 7 2097 BY: D western ::os.:oundan' :in_ of Lot :, to a point in The ronhem boundary line of Let 1. beintt r conmion acme .of Lot ' and Lot I hereinafter referred to as :he -Joint Drvervac and 'Alit, Connection Easement Area") and o m continuing bepend the northernmost ommdary line aft ti i farther into Lot 2 (the "Lot 2 Drive"), where it connects with the parking area as sho,ko in the Site Development Plan attached hereto as Exhibit ".-\" and made a part hereof by reference: and WHEREAS, a regional stormwater facility (the "Facility") has or will be installed by Beaufort Spring upcm Lot 2 in the general area of the southern portion of Lot 2 and lying east of the Lot 2 Drive, beiag just north of the northern property line of Lot 1 (hereinafter referred to as the "Drainage Easement Area') WHEREAS, Beaufort Spring and G and M desire to establish shared or common rights and interests in the Joint Driveway and Utility Connection Easement Area, situated on Lot 2 in the general area of the 20' wide paved driveway and in the Drainage Easement Area, situated on Lot 2 in the general area of the southern portion of Lot 2 and lying east of the Lot 2 Drive and establish certain rights and servitudes over their respective parcels in order to facilitate the use of said Joint Driveway and Utility Connection Easement Arcs and Drainage Easement Area. NOW, THEREFORE: 1. F69ablishment of Easements. (a) Beaufort Spring hereby establishes a perpetual nonexclusive easement over and upon the Joint Driveway and Utility Connection Easement Area in favor of Lot 1 and Lot 2, such easement being for the purpose of vehicular and pedestrian ingress, egress and regress, in common with others entitled thereto by the owners and their respective agents, tenants, contractors, employees, customers and invitees, and for the purpose of making connections for utilities serving Lot 1. No Owner or any of their heirs, legal representatives, successors and/or assigas shall install or place ary.fence, wall, curb or other battier along the common boundaries of the respective parcels so as to unreasonably impair, burden or interfere with the passage of vehicular and pedestrian traffic either between the respective properties referenced herein or to Live Oak Strect The foregoing "No Barrier Agreement" shall not prohibit (or restrict in any manner) any Owner from constructing additional buildings or other improvements on its property, or from relocating or altering any driveways, pedestrianways, or curb cuts located on its property in the Owna's sole and absolute discretion so long as it does not relocate, alter or interfere with the use of the Joint Driveway and Utility Connection Easement Area (b) Beaufort Spring hereby establishes a perpetual nonexclusive easement for the purpose of draining, discharging and impounding stormwater collected from Lot l into the Facility and associated improvements over and upon the lands of Lot 2 constituting the Drainage Easement Area in favor of Lot 1, such easement being for the purpose of drainage, discharging and impounding of stormwater collected from Lot 1 into the Facility. No Owner or any of their heirs, legal representatives, successors and/or assigns shall install or place any force, wall, curb or other barrier along the common boundaries of the respective parcels so as to unreasonably impair, burden or interfere with the drainage of stormwater from Lot 1 into the Facility, except for such fencing that may be reasonably required to utilize the Facility as a retainage facility serving Lots 1 and 2 and to facilitate drainage, discharging and impounding of stormwater collected from Lot 1. The foregoing '?to Barrier Agmcmenf' shall not prohibit (or restrict in any manner) any Owner form constructing additional buildings or other improvements on its property, or from relocating or altering any driveways, pedestrianways, or curb cuts located on BOOK W bs PAGE M'T _M is property in she Ow•i. r' de an.- absolute liscretian .0 is r •.hwc of mc.ue. alter r nterfere with h, ';: e ei .he .trrirage crscment Area. , 2. Maintenance of Wint Driveway and Ctihty Connection Easenent Area and Drainage Easement Area 2.1 The Owners of .Lots 1 and 2 shall be equally responsible for repairs and maintenance costs for the Joint Driveway and Utility Connection Easement Area; however, each party acknowledges and agrees to perform its maintenance obligations hereunder so as to keep the entire Joint Driveway and Utility Connection Easement Area in a state of good repair and so as to maintain a neat and attractive appearance for the mutual benefit of both Owners and their respective properties. 2.2 Beaufort Spring shall maintain and repair the Drainage Basemem Area and Facility, together with all associated improvements, in good and operable condition. For so long as no development has occurred on the Lot 1, Beaufort Spring shall conduct such maintenance and repair at Beaufort Spring's sole cost and expense. At such tine as any portion of Lot f is developed, the maintenance and repair costs shall be shared among the owners of Lot I and Lot 2 on an equitable basis with reference to the acreage of each parcel as it relates to the total acreage of 8.239 acres. Other than as set forth below, the Lot 1 Owner shall be responsible for 22% of the costs to maintain and repair the Drainage Basement Area and Facility and the Lot 2 Owner shall be responsible for 7g%a of the costs thereof. The owner of Lot 1 shall pay its respective shares of maintenance and repair costs to the owner of Lot 2 within 30 days after receipt of an invoice therefor, and the amount of any maintenance and repair costs for which the owner of Lot I is responsible to reimburse the owner of Lot 2 shall constitute a lien and encumbrance upon Lot 1. Notwithstanding the foregoing, any owner of Lot 1 or Lot 2 that damages the Facility or the associated improvements shall be solely responsible for promptly repairing such damage and restoring said improvements to.good and operable condition or the condition they were in at the time of damage, whichever is better. 2.3 In the event either party (hereinafter referred to as the "Defaulting Party") breaches any of his maintenance obligations hereunder, then the other party (hereinafter referred to as the "Non -Defaulting Party'D may give the Defaulting Party written notice of such breach and shall give the Defaulting Party thirty (30) days after the delivery of such notice to commence performance of the Defaulting Party's obligations and thereafter to diligently perform and complete the same. If the Defaulting Party fails to commence performance of its maintenance obligations within such thirty -day, period and thereafter to diligently perform and complete the same, then the Non -Defaulting Patty may, but shall not be required to, commence and perform such obligations for and on behalf of the Defaulting Party, all of the actual costs and expenses which are the Defaulting Party's share shall be paid by the Defaulting Party to the Non - Defaulting Party within thirty (30) days of the Defaulting Party's receipt of written evidence confirming the payment of said expenses. Notwithstanding the foregoing, the Nan-Defnulting Party may perform the maintenance obligations of the Defaulting Party hereunder for and on behalf of the Defaulting Party upon reasonable prior written notice (taking into account the circumstances) in the event of an emergency or the occurrence of material damage that impairs the Non -Defaulting Party's ability to operate on its parcel, and in such case, the actual costs and expenses incurred by.the Non -Defaulting Parry's which are the Defaulting Party's share, shall also be paid by the Defaulting Party to the Non -Defaulting Party within thirty (30) days after the Defaulting Party's receipt of written evidence confirming the payment of such expenses. 3 BOOK PAGE l 'l }li_yellaaeeus: 3.1 NORCE. All nuticcs to be ,zven by the parties under this .Agrccrhent shall oe sent to r.ue Owner at the street address listed on tax bills in the Tax Records of Carteret County, North Carolina. All notices shall be sent by either regular United ;rates Mail, certified mail, return receipt requested, or nationally recognized overnight delivery service, and shall be deemed given when deposited with the U. S. Postal Service postage prepaid or with such overnight delivery service. Such notice shall be effective upon (i) actual receipt or ri) refusal of delivery or (iii) expiration of the foregoing address as an effective address for notice without delivery of notice of a change of address. Either party may change the address to which notices are sent by providing written notice of the change to the other party hereto in accordance with this Section. 32 Each contract, deed, deed of trust or other instrument of conveyance which may be hereafter executed with respect to any portion of the aforementioned properties shall be deemed and held to have been executed, delivered and accepted, subject to all of the provisions of this Agreement regardless of whether or not any of such provisions are set forth in such contract, deed, deed of trust, or other instrument of conveyance and whether or not referred to in any such instrument. 3.3 The easement and covenants hereby established and imposed shall be covenants mmung with the land and shall inure to the benefit of and be binding upon all parties having any right, title or interest in any portion of the aforementioned properties, or any part thereof, and their heirs, legal representatives, successors and assigns. 3.4 This Agreement shall not create an association, partnership, joint venture, or a principal add agency relation between the Owners of Lot 1 and Lot 2. 3.4 No waiver of any provision hereof shall be deemed to imply or constitute a further waiver thereof or any other provision set forth herein. 3.5 Should any provision hereof be declared invalid by a legislative, administrative, or judicial body of competent jurisdiction, the other provisions hereof shall remain in full force and effect and shall be unaffected by the same. 3.6 Any sums due and payable hereunder which remain unpaid after the date due shall bear interest at the highest rate then allowed under applicable law until paid, and shall together with interest, the cost of collection, including reasonable attomey's fees, be a charge on, the land and shall be a continuing lien on the property of the Defaulting Party which may be foreclosed in accordance with the laws of tlx State of North Carolina 3.7 All provisions of this instrument, including the benefits add burdens, shall run with the land and are binding upon and shall inure to the benefit of the respective owners from time to time and to their tenants, licensees and invitees. 3.8 The rule of strict construction of terms does not apply to this Agreement. The terms and provisions of this Agreement shall be given a reasonable construction consistent with the intention of the parties to confer a commercially usable right of enjoyment to the easements granted herein to Owners. BOOKJ, kS PAGE l `) 4 3.9 Nothing contained i,i !his Agreement shayw: dc<mcd to be a gift or dedication of any portion �f the easement areas to the general public or for any 'public purpose whatsoever, it being the intention of the parties that :his Agreement be strictly limited to the purposes expressed herein. 3.10 This Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina. If any clause, sentence or other portion of the teens, covenants and restrictions of this Agreement become illegal, null or void for any reason, the remaining portions will remain in full force and effect. II I This Agreement may be executed in multiple counterparts, all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, this Joint Driveway Easement Agreement and Agreement to Convey Easement for Ingress and Egress, Drainage and Utility Comrections is executed as of the day and year first written. [REMAINDER OF THIS P WE LEFT INTENTIONALLY BLANICI BOOK n al S PAGE 1 r�k -, BEAUFOR'." ;PRJI 0 H(•t_ giNO North Carolina limited liability company By: LIHTC MANAGERS, LLC, its Manager By: Lyle D. Gardner, Member -Manager By:,�•Tn.'m-- Timothy G. Morgilh, Member -Manager G AND M DEVELOPMENT, LLC, a North Carolina limited liability company By L le D. Gardner, Manager Wake County, North Carolina 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 tlurein and in the ca as indicated: l ,j4 .�vcr�nsc( C 'i lmrYlr{ narne(s) ojprincipal(3). (\ _ _ (A fi ! ��a" / Notarys printed or typed name (�cta/,.•Seal) O T A R Y ✓ My commission expires: i nUBLtG �. Ay 6:4 Wake Courjt`}t�on,r} )ilia I certify ihat`Iha:fdll6wing 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: L7k D• C�nelrna;- n e(s) ofprincipal(s). n a 'Po. Date: " " g -cial tYr Notary �r NOTAflYr C-0 I Notary's printed or typed name (Official Seal) "st PUSOG :My commission expires: 1� cat =3' BOOK qLS PAGE�� I P:Y 1 p Q� GQ Y SHEET 1 OF 10 SITE DEVELOPMENT PLANS BEAUFORT SPRING '•g v" A SENIOR LIVING COMMUNITY S —.e REFERENCE: THE PROPERTY DESCRIBED IN DEEDBOOK 262, PACE 16 OF ,^, $ THE CAflTERET COUNTY REGISTRY BEAUFORT TOWNSHIP, CARTERET COUNTY, NC PIN #7306.12,86.7151000 mnola: emw ®[mSIRIF1pN mw Y as mu I�iq w-a IIf))jj �ik34�� n I D V High Density Commercial Subdivisions Deed Restrictions & Protective Convenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a built -upon area consistent with the design criteria used to size the stormwater control facility. I, Lyle Gardner , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot within the project known as Beaufort Spring 1. The following covenants are intende t ensur ongoing compliance with State Stormwater Management Permit NumbeLS lJ , as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is square feet. *Note: If the BUA per lot varies, please substitute the following statement for the one above and provide a complete listing of the proposed BUA for each lot: The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot # BUA Lot # BUA Lot # BUA 1 55.931 2 85,915 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. 8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a separate stormwater permit application to the Division of Water Quality and receive a permit prior to construction. 9. The project and each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. �C li �lY fG ACT 2 2 Z��Z Form DRPC-1 Rev.2 05Nov2009 Page I of 2 µy I, ✓ftN Ice / n 0[9/JA)C—i �i , a Notary Public in the State of North Carolina , County of W K L do hereby certify that Lyle Gardner personally appeared before me this the v;z 3 day of April 2012 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, Ge, C gnature �� oTARr� My Commission expires w*• ,� OCT 2 2 2®12 Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2