Loading...
HomeMy WebLinkAboutSW8000220_Current Permit_20190719ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director July 19, 2019 Magnolia Green Master Association George Steelberg, President 1022 Grandiflora Drive, Suite 100 Leland, NC 28451 NORTH CAROLINA Emytmnmental Quality Subject: Permit Renewal State Stormwater Management Permit No. SW8 000220 The Lakes @ Magnolia Greens Brunswick County Dear Mr. Steelberg: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit. The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for The Lakes @ Magnolia Greens on May 23, 2019. The Division is hereby notifying you that permit SW8 000220 has been renewed on July 19, 2019, and shall be effective until May 12, 2027. 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 May 26, 2000 and subsequently modified on February 4, 2003, May 16, 2003, October 12, 2004, and May 12, 2005, and transferred on May 13, 2013, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995. 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 Garrett Zorda at (910) 796-7215 or via email at garrett.zorda@ncdenr.gov. Sincerely, Danny Smith, Interim Director Division of Energy, Mineral and Land Resources GDS/gdz: \Mtormwater\Permits & Projects\2000\000220 HD\2019 07 permit 000220 cc: Wilmington Regional Office Stormwater File North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NQRfIi GROl1P14 -� 910.796.7215 State Stormwater Management Systems Permit No. SW8 000220 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Magnolia Greens Master Association, Inc. The Lakes at Magnolia Greens Magnolia Greens, Leland, Brunswick County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') 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 May 12, 2027 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The subdivision is permitted for 233 lots, each allowed a maximum amount of built -upon area. Lots 1A, 1 through 72 and 5-69 through 5-110 are limited to 5,000 square feet of built -upon area. Lots 5-1 through 5- 68, 6-1 through 6-26 and 73 through 96 are limited to 4,000 square feet of built -upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4_ All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The detention pond is designed to store up to 8" of runoff without discharging. Offsite subdivisions permitted under SW8 020522, SW8 970104, and SW8 990628 are included in the drainage area of this pond. Page 1 of 6 State Stormwater Management Systems Permit No. SW8 000220 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. C. d. e. f. h. i. j. k. I. m n. o. P. Drainage Area, acres: Onsite, ft2: Offsite — SW8 020522, ft2: Offsite — SW8 970104, ft2: Offsite — SW8 990628, ft2: Total Impervious Surfaces, ft2: 2331-ots, ft2: Roads/Parking, ft2: Sidewalk, ft2: Offsite — SW8 020522, ft2: Offsite — SW8 970104, ft2: Offsite — SW8 990628, ft2: Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL: Permitted Surface Area @PP, ft2: Permitted 8" Storage Volume, ft3: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3: Forebay Volume, ft3: Maximum Fountain Horsepower: Receiving Stream / River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE 170.15 6,471,274 118,483 334,105 487,872 2,031,527 1,047,000 497,335 103,741 58,560 84,735 240,156 4 90% 8" 21.0 599,882 @ Permanent Pool 1,619,578 23.5 n/a (non -discharging system) 2,182,873 n/a (non -discharging system) 3 Jackeys Creek/Cape Fear 18-77-3 "C;Sw" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Page 2 of 6 State Stormwater Management Systems Permit No. SW8 000220 Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more 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. 7. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the 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. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. The following deed restrictions and protective covenants related to stormwater management have been recorded in Book 1191 on Pages 1017 with the Brunswick County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000220 Modification, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. Lots 1A, 1 through 72 and 5-69 through 5-110 are limited to a maximum of 5,000 square feet of built -upon area. Lots 5-1 through 5-68, 6-1 through 6-26 and 73 through 96 are limited to 4,000 square feet of built -upon area. 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, Page 3 of 6 State Stormwater Management Systems Permit No. SW8 000220 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. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 13. 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. 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 3 horsepower. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 18. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. Page 4 of 6 State Stormwater Management Systems Permit No. SW8 000220 19. 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. III. GENERAL CONDITIONS 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, 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 3. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In.the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit 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. 7. Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. 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; 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Page 5 of 6 State Stormwater Management Systems Permit No. SW8 000220 10. 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 updated, renewed, and reissued this the 19th day of July 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J< nanny itn,. Director Division ofEnergy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 000220 Page 6 of 6 DEMLR USE ONLY Da6te Re eived Fee Paid Permit Number 3 sing oo ao NC DEQ Division of Energy, Mineral and Land Resources PERNIFIC RENEWAL APPLACATION FORM In accordance with 15A NCAC 2H.10450, 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. 1. State Stormwat.err Permit Number: JN Oe� (am;ar--K) 2. Project name: 1 1'1� _ LO&S CD "(1124DI I' D 6W /-)S 3. Project street address: City: L-e h O a d - - - - County: ,(t1�i t9 t'-[C, zip: Z-a91,51 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. ht ps://deg.nc.00v/about/divisions/energy_ m ineral-land-resources/energy-mineral-land-rules/storm water-program/post-construction. If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.00v/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: 2. Signing Official's Name:�r2t�E 3. Signing Official's 4. Mailing Address: l aaa C (n r)r t 4 IcYn baitt? li-k 1(1`; City: Loj o n1d r _ State: OL zip: 51 5. Streei City: 6. Phone: (D) S1­23- Z. 93 1 Email: EIF�IV MAY 2 3 2019 BY: Stormwater Permit Renewal Form Pa U 1 of 3 May 11, 2018 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: 6 1. A permit application processing fee of $505.00 payable to NCDEQ. 6 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 siqnature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. 0- & Agreements, Please select one: I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: [9 A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. �5 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). hfps://www.sosne.gov/online services/search/by title/ Business Registration MAY 2 3 2019 BY: Stormv:aier hermit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION I, l3[���%�i .o��%����G'i , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Signature: u _ Date: Jr�lZT9 NOTARIZATION: I, M el ISSQ_ W . MObr t a Notary Public for the State of Poe"-, C0.re L nq , County of ecl Il,lM643 , do hereby certify that personally appeared before me this the '� ._j�,day of � 20��, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature: `gin, Ili . LfY�Jn&U My commission expires I���DO a3 \\\\\CoS AI I Iw 4/ //ii 0 N O ` A: R r' _ UBL':' Q e7'NiS cool. ' ¢sl1 111'."k�i ECEI EO M 2019 MAY 2 3 BY: Stom,wat,ir Permit Rene ::al Application Form Page 3 of 3 nlay 1 t . 2018 Permit No. --5oJ9- l dd d-d; d I%b (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION Project Name : The Lakes/Phase VI at Ma nolia Greens Contact Person: Chris Stephens Phone Number: (910) 392-7201 Number of Lots: 233 Allowable Built Upon Area Per Lot*: ** �� s ** Lots IA, 1 thru �72an"d5-69 thru 5-110 @ 5,000 sf; 5-1 thru 5-68, 6-1 thru 6-26 and 73-96 @ 4,000 sf *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculations in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area dived by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form: SWU-104 Rev 3.99 Page 1 of 2 Calculation: (SA x DF) - RA - OA = BUA No. Lots Lots 1 (I 48.56 ac. x 0.30) — 1 1.42 ac — 2.38 = 0. 132 ac. per lot 233 5,752 5F/LOT III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Ap;V Initials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Proiects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided by DWQ within 30 days of platting and prior to sale of any lots. C. Built upon area calculations are provided for the overall project and all lots. Atli d. Project conforms to low density requirements within the ORW AEC (if applicable). i 1 SA NCAC 2H .1007(2)(b)] Form: SWU-104 Rev 3.99 Page 2 of 2 Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. tls: a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet ( include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k.. A recorded drainage easement is provided for each basin including access to nearest right - of —way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. IKI **A mechanism is specified which will drain the basin for maintenance or an emergency. * Non -discharge pond -these items are not required. 3K W- FOV7 .E' -fK^P WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does does3noincorporate a vegetated filter at the outle±. This system (check one) 0 does doesincorporate pretreatment other than a forebay. Maintenance activities shall be performed as follows: Form: SWU-102 Rev 3.99 Page 2 of 4 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention: basin or stream, etc.) The measuring device used to detennine the sediment elevation shall be as such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.00 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads N/A feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation = 2 1.0 Sediment Removal Ele tion = N/A 79% Sediment Removal Elevation = 18.0 79% ----------------- --------------------------_------------------- Bottom Elevation = N/A 2.9T, Bottom Elevation = 17.0 2.5%n FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet detention basin system shall be maintained in good working order. Form: SWU-102 Rev 3.99 Page 3 of 4 I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: W. Chri5topher Stephens Title: President Address: 5022 Wnght5VIIIe Avenue Phone: (910) 392-7201 Signature: Date: /- „ - 7.&A<— 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, Scoff} e/!h eI� ,a Notary Public for the State of AeGemj County of eu1 ,do hereby certify that W. CA r1 sz4 ez S&t2h&"& personally appeared before me this 61 day of r , z00 ,and ackn wledge the due execution of the foregoing wet detention basin maintenance req, irements. Witness my hand and official seal, My commission expires ai a gOD 7 Form: SWU-102 Rev 3.99 Page 4 of 4 LL- '": E:rC 23 PH 4= 05 :,u6ERT J. FL6.:.. P.fGISTER OF Bibs' BRONSVICK COOfiTT. 4.i. MASTER DECLAR.%TfON OF PROTECTIVE COVENANTS FOR MAGNOLIA GREENS REf ✓� �T }vr TrojTAL UP Fx.c.s. 1-1_CK AI+Tf 1 ` CKi D CA Sri ftLF..._._.R _ 1641Pc CifI 1 91 NE, 09 J 1.1 S " Nelagnolia Greens": the Properties, as defined in Section 1 26. L19 "piaster Assessment": assessments leeied on all Units subject to assessment under ARTICLE 10 to fund Common Expenses for the general benefit of all Units, as more particularly described in Sections 10.1 and 10.3. 1 20 "Member": a Person entitled to membership in the Association, as provided ir. Section 3.2. 1.21 ": a mortgage, a deed of trust, a deed to secure debt, or any other form of security deed. 1.22 "Mortgagee": a beneficiary or holder ofa Mongage. 1?3 "AJ2ngULrr": any Person who eities a A4ortgage 1.24 "O►vncr": the record Owner, whether one or more persons or entities, ofa fee simple tide to any unit which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1 25 "pia": a natural person, a corporation, a partnership or limited partnership, a limited liability company or partnership, a trustee, association, or any other legal entity. 1.26 "Propsrmyor Pro iea": the real property described in EXHIBIT A, together with such additions thereto as may hercalier be brought within the jurisdiction ofthe Association by the fling ofa Supplemental Declaration. 1.27 "Protective Coyoants'-: shall mean this instrument as it may front time to time be amended or supplemented. 118 —Rules` and RRegulationc" the rules and regulations adopted by the Board governing land use, individual conduct and uses or actions upon the Properties. 1?9 "Short 'Perm Lessee": the lessee of any Owner whose lease term is less than ninety (90) days. 1.30 "Special sses m t". assessments 1ecried in accordance with Section 10.6 of these Protective Covenants. 1.31 "Supplemental Declaration": an amendment or supplement to these Protective Covenants Fled pursuant to ARTICLE 9 which subject additional property to these Protective Covenants and/or irnposc, expressly or by reference, changes to or additional restrictions and obligations on the land described therein. 1.32 "mil": a portion of the Properties, whether improved or unimproved, which may be independently owned and conveyed and which is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of. the Unit as well as any improvements thereon. The term shall include, by way of illustration but not limitation, condominium units, townhouse units, cluster homes, patio or zero lot line homes, single-family detached houses on separately platted lots, and single family residential lots, as well as vacant common property of any Village Association, or property dedicated to the public_ 1.33 "Villaee". two or more Units which share interests other than those common to all Units, as more particularly described in Section 3A. By way of illustration and not limitation, a condominium development, towtthome development, patio home development, cluster home development, or single-family detached housing development might each be designated as separate Villages, or a Village may be comprised of more than one housing type with other features in common. 16a 11'C z UPI °1 r'1002 j.5 Standard of PerforrianCC_ Maintenance, as used in this Art.cle, shall include. without limitation, repair and replacement as needed, as well as other duties, as the Board may determine necessary or appropriate to satisfy the Community -Wide Standard. All maintenance shall be performed in a manner consistent with the Community -Wide Standard and all applicable covenants. ARTICLE 6 INSI TRANCE ANI JALTY LOSSES 6.1 Association Insurance. The Association shall maintain adequate and appropriate insurance coverage on all Common Areas, as prov:dcd in the By -Laws of the Association. ARTICLE 7 CI IRDINIMiON AN ANNEXATiON 7.1 Subdivision. No Unit or Units shall be subdivided except to enlarge an adjoining Unit, but any Unit so enlarged cannot be improved with more than one single family duelling. An Owncr of a Unit and a portion or all of an adjoining or contiguous Unit or Units may construct a dwelling or other structure permitted hereunder upon and across the dividing line of such adjoining and contiguous Unit(s). The number of Units shall remain the same and shall be treated for all purposes under these Protective Covenants as two (2) or more units. 7.2 Annexation. Except as provided in Article i5, annexation of additional property shall require the assent of two-thirds (2/3) of the Class A Members at a meeting duly called for this purpose, %inincn notice of which shall be sent to all Members rot less than ten (10) days nor more than sixty (60) days in advance of the meeting. ARTICLE 8 CONDEMNATION 8.1 If any part of the Common Area shall be taken (or conveyed in lieu of condemnation by the Board acting on a vote of at least 67% of the total Class "A" votes in the Association and of the approval of the DECLARANT, as long as the DECLARANT owns any property described in EXHIBITS A and B by any authority having the power of condemnation or eminent domain. 8.2 If the taking involves a portion of the Common Ana on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent avzilable, unless within 60 days a(ler such taking upon a vote at least 6790 of the total Class "A" Members of the Association and the DECLARANT, so long as the DECLARANT owns any property described in EXHIBITS A or B of these Protective Covenants, shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of the By - Laws regarding funds for the repair of damage or destruction shall apply. ARTICLE 9 ANNEXATION AND WI THDRAWAL nF PROPERTY 9.1 Annexation without Approval of Membership. (a) Until January 1, 201 S. DECLARANT may unilaterally subject to the provisions of these Protective. Covenants all or portions of the real property described in EXHIBIT B or any real property contiguous with or within two (2) miles from the real property described in EXHiBIT B (herein called "Future Development Property"). DECLARANT may transfer or assign this right to annex property, provided that the transferee or assignee is the developer of at least a portion of the real property described in EXHIBITS A or B_ Nothing in these Protective Covenants shall be construed to require the DECLARANT or any successor to annex or develop any of the property set forth in EXI11131T B or the Future Development Property in any manner whatsoever. 1641PC i0 12.6 Stormivaier Run Off Rules. Alf Units are subject to the State of North Carolina rules and regulations concerning stormw'ater runoff as these rules are amended from time to time_ These regulations currently provide that each Unit described in EXHIBIT A will be resiricred to 4,000 square feet of built upon area including impervious surfaces such as foundation; structures; pavement; concrete; driveways. including that portion of the driveway located within a street right-of-way. trhich runs from the property line to the road pavement; and walkways or patios of brick, stone or slate, and gravel, marl or stone covered areas, not including wood decking or the water surface of -swimming pools. DECLARANT reserves the right to recalculate the maximum allowable built upon area in accordance with the storm water runoff rules and regulations of the State of North Carolina and to use eighty percent (80%) of any unused bull: upon area for each Unit. DECLARANT reserves the right to amend this Section to modify the square footage of the built upon area, even aflcr a dwelling is constructed in order to utilize $()°'n ofarry unused built upon area in other areas ofdcvelopment within Magnolia Greens. All drainage wales or drainage patterns used to treat stormw•ater runoff as requited by the State of North Carolina may not he filled in, piped or changed without the consent of the DECLARANT, im designee, the Association, and the State of North Carolina and shall be maintained as set forth in Article 3 herein. For curb and gutter projects, no one may pipe, fill in, or alter any Unit line swale used to meet North Carolina Stormwater ?Management Permit requirements. The State of North Carolina is hereby made a beneficiary of these Protective Covenants to the extent necessary 10 enforce its stormwater runoff regulations as the same may be amended from time to time. The requirements of the stormwater permit cannot be changed without the consent of the State of North Carolina. ARTICLE 13 EASEMENTS 13.1 Fasement_q for I Itilities. F_tg_ (a) There are hereby reserved unto DECLARAW, so long as the DECLARANT owns any property described on FX111131T A or B, or the Future Development Property, the Association, and the designees of each, access and maintenance easements upon, across, over, and ur-der all of the Properties to the extent reasonably necessary for the purpose of replacing, repairing, and maintaining any cable television system, any master television antenna system, any security and similar systems, roads, walkways. bicycle pathways, trails, ponds, wetlands, drainage systems, street iig: ts, signasc, and all utilities, including, but not limited to, water, sewer, meter boxes, telephone, garbage pickup, and electricity, and for the purpose of installing any of the foregoing on property which it owns or within easements designated for such purposes in these Protective Covenants or *n recorded plats of the Properties. Any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expenses of, the Person exercising the easement rights- (b) DECLARANT specifically grants to the local garbage service, water supplier, sewer company. septic tank company, telephone company, common carriers, and electric company, and all applicable governmental agencies and utility companies, easements across the Properties for ingress. egress, for the purpose of installation, reading, replacing, repairing, and maintaining utility installations, including meters and boxes, maintaining and replacing water, drainage and drainage facilities, sewer and sewer facilities, and for fire fighting, law enforcement, garbage collection and the delivery of mail and packages. However, the exercise ofthis easement shall not extend to permitting entry into a dwelling. Utilities may not he installed or relocated on the Properties, except as approval by the Board or DECLARANT. 13.2 EaKmcnt for t Milieu Installation. (a) All of the property, including Units and Common Area, shall be subject to a perpetual non-exclusive casement for water lines, sanitary sewers, storm drainage facilities, telephone and electric power lines, television antenna lines, and other public utilities as shall be established by the DECLARANT as may hereinafter be designated on any pla: or replat of parcels within Magnolia Greens whether the same be within the boundaries of any Unit(s). (b) Easements and rights of way over and upon the rear, front and side ten (10) feet of each Unit for drainage and the installation and maintenance of utilities and 1641 PC -)s 17.2 Amendmc_nt_ At any time prior to December 31, 2018 or until all Units are sold, these Protective Covenants may be amended by DECLARAINTT in its discretion. Retention of this right by the DECLARANT is not intended to affect the general or common scheme of development for the property herein described but to correct and/or modify situations or circumstances which may arise during the course of development. Thereafter, these Protective Covenants may he amended by vote of not less than sixty-six and t►vo-thirds percent (66 J:i%) of the Class A Owners and an instrument must be recorded at the Brunswick County Registry for such an amendment to be eflbcti►-c_ In no event may the Protective Covenants he amended so as to alter any oblig_ *ion to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein, or so as to deprive DECLARANT, its desience or successors and assigns of any rights herein grained or reserved unto DECLARAIN'T_ In addition, the DECLARANT may amend these Protective Covenants to annex additional property and make it subject to the terms, conditions, restrictions, obligations and covenants of these Protective Covenants as provided in Article 15 herein. No amendments may remove, revoke, or modify any benefit, right or privilege of the DECLARAINIT hereunder without the written consent of the DECLARANT or the assignee ofsuch right or privilege_ ARTICLE 18 In the case of failure of an Cm,ner or any Golf Course owner/Operator to comply with the terms and provisions contained in these Protective Covenants, the Articles, the By -Laws or Rules and Regulations of the Association, the following relief shall be available: 18.1 Enforcement_ The Association, the DECLARANT and any O►vner, an aggrieved Owner within Magnolia Greens on behalf of the Association or any Owner on behalf of all the Owners within Magnolia Greens shall have the right to enforce by any proceeding at law or in equity, all of the conditions, covenants and restrictions of these Protective Covenants and the Articles. By -Laws and Rules and Regulations of the Association and any and all laws hereinafter imposed pursuant to the terms of these Protective Covenants. Any ownerkoperator of any Golf Course shall have the right to enforce any covenant, condition and restriction of these Prowtive Covenants and the Articles, and the By -Laws which confers any right or privilege on the o%%mer/operator of the Golf Course. The prevailing party shall be entitled to collect all costs thereof, including reasonable attorney's fees. 18? Remedi€i. The Association shall have the right to remedy the violation and assess the costs of remedying same against the offending Owner as an individual assessment as provided in Article 10 herein. 1133 SuVension of Rights. For anyviolation by an Owner, including, but not limited to, the nonpayment of any general, special or individual assessment, the Association shall have the right to suspend the offending Owner's voting rights and the use by such Owner, his agents, lessees, employees, licensees and invitees of the Common Areas and recreational facilities in Magnolia Greens for any period during which a violation continues except that such penalties may not be for *Wore than sixty (CEO) days for violation of any of the Association's published Rules and Regulations. 18.4 Fines. The Association may establish a schedule of fines for the violation of these Protective Covenants, the Articles. By -Laws and Rules and Regulations_ If an Owner does not pay the fine within 13 days the fine shall be an individual assessment against the property and may be enforced by the Association in accordance with Article 10 herein. 18.5 Remedies Cumulativ _ The remedies provided by this Article arc cumulative, and are in addition to any other remedies provided by law. 1641PC 33 State Stormwater Management Systems Permit No. SW8 000220 Modification The Lakes Q Magnolia Greens Page 1 of 2 Stormwater Permit No. SW8 000220 Modification Brunswick County Designer's Certification I, V*4K05t!A8LL , as a duly registered &i.,5s10MAL F446WFAK in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, 'fK6 LA06,4T MA6 A_4 HUS (Project) for u v— S (Project Owner) hereby state that, to the best of my abilities, due care bind 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: OrJbouJr, PIA1r4TLNA0a 10 MAM SEOSii4 6 UOWVIO�If+ LEA4114h %SOLATT R AREA& 10 8E I?SV66#T^EU Signature le19,1L9 Registration Number Daterir,5,t' 3 e Zo6T I s Certification Requirements: State Stormwater Management Systems Permit No. SW8 000220 Modification Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. P y 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. OVFeALL t.Ao IJa:�15vey/ 4/4 4. All roof drains �vlocated to W �t the runoff is directed into the system. SIAl 405. The outlet/bypass structure elevations are per the approved plan. - ?LAt4 ft*-40 -;!fd 6. The outlet structure is located per the approved plans. 508Mtti�D�ea�c�¢,CnN 71�A 7. Trash rack is provided on the outlet/bypass structure. - Oencadq 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- Wcircuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correc tly sized per the approved plans. - 13. All required design depths are provided. Itz 64TOJI ?t) M p5rAnww-t. IY 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14,f Dl AtAW 4wr a &J e D aR 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Brunswick County Building Inspections �D �0IIIIIlllllnlll�Il ��� 2 „ 5.' la`s 23 14:82:15.002 Rober! J. ebineon om0n,,y�{y, NC Regis or of Meade peps t of 3 A �p1� .�2p IIIITt Presert5r .. lme.��rL Ret: �s It Gr7d� 4' fill p�ri�ua�a a i:. 7— Ot CSO. Rev Irt. �,,/y � vim soe a and1e a pt c.k�i (c`� cash le5c/�) n # d �n Refund: , ns'� Finance �J/ O� UNDFOC49hroons of Igawu}A'Wa1��41?wd "� 17DocullWconVr.3:...' • z1fledtuoogW .�, in5hum9ntG,attG��� .--rv,:m��cadarcapled. AGREEMENT AND AMENDMENT TO MASTER DECLARATION PROTEC"I WE COVENANTS OR MAGNOLIA GREENS PERTAINING To LOTS 23 AND CTION 27�iEs AT MAGNOLIA GREENS I�n 11i�4 Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA BRUNSWICK COUNTY THIS AG AMENDMENT OF MASTER DECLARATION OF PRO (X AGNOLIA GREENS made this the a day of N ayewLbeit, and between LANDMARK DEVELOPERS, INC., a North Carolina corporation (herein "DECLARANT') and ADRIAN L SANDERS and wile, KAREN V. SANDERS (herein the "SANDERS'). WHEREAS, DECLARANT heretofore executed the Master Declaration of Protective Covenants for4q;T%=q lia Greens a same to be recorded in Book 1191, Page 991, et sgistry (as amended and/or supplemented, herein the "Ps (�G�����nn,n, WHEREAS, the SANDERS are the i(�s of Lot 23 and Lot 24, Section 27 in Hampton Pines at Magnolia Greens, and the SANDERS wish to combine the above -mentioned lots into a single tract of land; and WHEREAS, ' accordance with Sectio 7.1, 15.4 and 17.2 of the Protective Covenants, the S have bins their above -mentioned lots and DECLARANT has the ri itiveCovenants. (� doADr�¢ NOW THEREFORE, in Sections 7.1, 15.4 and 17.2 of the Protective Covenants, the SANDERS and DEC hereby agree and amend the Protective Covenants as follows: A. Upon execution and recordation of this instr unent, Lot 23 and Lot 24, Section 27 in Hampton Pines at M Greens are hMM ned and shall hereafter be described as: MM� BEING ALL ,�.Idt�33R ' '0 27, Hampton Pines at Magnolia Greens, as the d own on a map thereof recorded in Map Book 42, Page 97 of the Brunswick County Registry (referred to herein as "Lot 231C). B. Upon execution and rordation of this instrument, Lot 23R shall be treated for all purposes under the ProtectiveThwpants as a sin± C. The maximum amo , (� as required by Stormwatei Management Permit No. square feet for Lot 23R. C� d 77188 1-29-2 IIIIIIIII1IIII I1lI MOMIR lnnon �e4 rffl M � Bru ty, NC Register of Deeds page 2 of 8 D. This Agreement shall run with title to Lot 23R and shall be binding on all parties having any right, title, or interest in Lot 23R or any part thereof, and shall inure to the benefit of each owner thereof. Lot 23R cannot be re -subdivided without the prior written consent of the DECLARANT and in accordance with the Protective Covenants. Except as amended icl l6techv�e,Covenants shall be and remain in full force and effect. (l9,Cj�Q This 12M day of QMML 2007. NORTH CAROLINA NEW HANOVER COUNTY o n � ¢ I, N G D— Notary Public of the State and County afofesaid, certify that W. &4S personally came before me this day and acknowledged that he is President of Landmark Developers, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President. — n n WITNESS Poly commission cxpires: g1l$!ID o n nMM o lJ Uv O�iuo�� r�r� ti� pL fir; 1 U UNOFFI�. jAL day of ,, 2007. 77188 l lll�I���� �II�� RB2109 P0�fi4 inson n n 0 r w � o , NC Reglsler of Deeds page S of 8 lJ VIM a ADRIAN I. SANDERS To r UNOFFICIAL N�FFICIAL STATE OF NORTH CAROUNA COUNTY OF I, a Notary Public in and for the State and County aforesaid, d gWif ERS and wife, KAREN V. SANDERS, personally ap ore mVW aclalowledged the due execution of lstroment. WITNESS my hand and official seal this day of Y// . 2007. D tary Public n Expires: o Ua Ff�."� FFI IpL U N N pr FFI IAL OFFICIAL g . F, Ip� N O F UU/V' •OF FICIAL ILIA U N O F U/yO, FFICIAL 77198 BrUEMWidc Ckimty`-Reg1,, of Dew Robert J. Robinson Inst #210321 Book 1945Page 480 05/1.7/2004 04:19:52M Rec# J"7 $z� AMENDMENT TO MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAGNOLIA GREENS ANNEXING SECTION 28 Prepared by: Landmark Developers, Inc. 5022 Wrightsville Avenue, Wilmington, NC 28403 RET TOT �y TC# STATE OF NORTH CAROLINA REC#_�„ cKAMT.'j& G COUNTY OF BRUNSWICK C r_.._8Y LANDMARK DEVELOPERS, INC., a North Carolina corporation (herein "DECLARANTI, heretofore executed the Master Declaration of Protective Covenants for Magnolia Greens, and caused the same to be recorded in Book 1191, Page 991, et seq., in the Brunswick County Registry (herein the "Protective Covenants"); and WHEREAS, in accordance with paragraph 15.3 and paragraph 17.2 of the Protective Covenants, the DECLARANT has the right to amend the Protective Covenants; and WHEREAS, the DECLARANT has developed additional lots designated as Section 28 Magnolia Greens which the DECLARANT desires to be made subject to the Protective Covenants; and WHEREAS, the DECLARANT desires to amend Article 11, Paragraph 11.10 to change the minimum square footage for lots in Section 28, Magnolia Greens; and WHEREAS, the DECLARANT desires to amend Article 12, Paragraph 12.6 to change the build upon area including impervious surfaces in Section 28, Magnolia Greens; and NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants as follows: By malting subject to said Protective Covenants and annexing thereto, the following described properties: BEING ALL OF SECTION 28, MAGNOLIA GREENS, as the same is shown on map thereof which has been duly recorded in Map Book , Page of the Brunswick County Registry, reference to which map is hereby made for a more particular description. The third paragraph of Article 11, Paragraph 11.10(c) is hereby amended to change the minimum square footage for lots in Section 28 as follows: "Single-family detached dwelling houses constructed on lots located in Section 28 Magnolia Greens shall contain no less than 1500 square feet for a one-story dwelling and 1650 square feet for a two-story dwelling of fully enclosed and heated floor space, all square footage devoted to living purposes (exclusive of roofed or unroofed porches, breezeways, terraces, porches, steps, walks, garages and any outbuilding). In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, unless it is an integral part of the living space approved by DECLARANT.,, Inst # 210321 Book 1945Page. 481 Article 12, Paragraph 12.6 is hereby amended by adding the following paragraphs: "Notwithstanding the above, as to lots in Section 28 Magnolia Greens the following shall apply: (a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 000220 and modifications, as issued by the Division of Water Quality under NCAC 2H.1000. (b) The maximum built -upon area per lot is 5,000 square feet of built upon area including impervious surfaces. 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 line lot and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (b) The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. (c) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. (d) Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. (e) A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface water, if applicable. (1) All roof drains shall terminate at least 30' from the Mean High Water mark, if applicable. (g) All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures." Except as amended herein, the aforesaid Protective Covenants shall be and remain in full force and effect. This the. L4-A day of K)NI4 12004. By. NORTH CAROLINA Inst # 210321 Book 1945Page: 482 NEW HANOVER COUNTY L '_\'ervi A. a Notary Public of the State and County aforesaid, certify that W ' hy`S}ophG' d1S personally came before me this day and acknowledged that he is President of Landmark Developers, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the Foregoing instrument was signed in its name by its President. WITNESS my hand and official seal this _4 day of ff\a 2004. Public My commission expires: NOTARY PUBLIC STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of JENNIFER H HURLBUT Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 17th Day of May 2004 in the Book and page shown on the First Page hereof. AD ROE J. RO SON, Register of Deeds � •i� . it � i •� '� � aa � P' E O- _ 2 °taxi a n°� N LU pC- $ o Q ZN ® 8 u .1 Rig wh In Ell 11iMI 111 11 11 1 a 1** In1 100 S 3 7� at g i_ \ FE eF <gha TAb i r s p N _ N 6 i fill, � 3U###,y�z a dl i 3Ela QN g2Y Q93/6 I ye 44.> u g R g N2s94ww S I >rll ry n^ 'f�ila 17�.e" ate. " `D ;5 F Ln VI m it '^ W'' lD A �. O /•// d' v I�9° Y. F I ya 151 I yy CD yN Q 22. 011e n,iV u-It 0A iF ; ��$i •1 9rN a;�'� II II �I lu8 $ I- �T ns° 1925W I4c.s9 $; $ I I� n' k. g�� a NIT w ` _47.46' a i I sy ay . g I GG.IT �[.49.97 F TT �� Y a 4y;2 • I _il I = A H I n 200sw In: A � I I m In � Y ]3.70 ISe.7,' O lu i V L9 E� 11 NI o; W I _ 0 m as I 14i.25 O vIT w E I' 1c � nR I � �� ,3e.43• - 8 �� HOUR � ' I � •I 7' �Fil� �I ♦138 y, NIT2pOs,w I �' I , a pa�4yy 1/ i Ni H ill � 1 °I Is9.sl• -Sr� +�r plain Y NI7-2005'Nr I pnlOr,O Qx Ip I NIT w ' QIN Ine rtrt�iil I� I Vti 1 r e yyy,,, - .1,,1 I A 1 IQ S21•SS'4TE {t I f ^ Nl4 Z2Cn.IIO.G' e� �I� ^ y rZ MC-IlO.ij• I ,\fr' �Q e I �� I Se.GG oiS ddd •6� N$ l9N Q NA 1 N269TSIW - _ ao m SI N I Oz, Ln IF RD -31.7y 919'13',2T �4��i 9 9°,,•1 m 1� U T �y N, -3. � OM_108.03' �' y ' �(".M1°!� 920•Irz,T r� — 1�41'gTWIN01 I w cn.172 ss• — 1'1D NG ' m 925 552T 5 I•,4' 1 �. = ISO p„eLC � _ __� _ .14Y �53 N24_ In II i e 16G.39' 99.92' SI ]'GILL! k ' I±•u,, V / / 1 ARCi0.59 IM—M, 1 ,� 11 j V 92SbTl9T -73 �m-IOS.eC 91 T471TE ry 1 323.01' I r A ' � t�g o€ y;9 SHE ---- �W gas€ n Ell