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HomeMy WebLinkAboutSW8940820_CURRENT PERMIT_20211116STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 9 `4 o 8 2 o DOC TYPE t] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 0 2\ t k x\-o YYYYMMDD ROY COOPER Governor ELIZABETH S. BISER Secretary BRUIN WRENN Director , November 16, 2021 NORTH CAROLINA Enviraanental Quality Northchase Homeowners Association, Inc. Attn: Carlton Norris, President 1628 Doctors Circle Wilmington, NC 28401 Subject: Permit Renewal State Stormwater Management Permit No. SW8 940820 Northchase Williamsburg Place New Hanover County Dear Mr. Norris: 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. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time Same to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on November 15, 2021. The Division is hereby notifying you that permit SW8 940820 has been renewed on November 16, 2021, and shall be effective until July 20, 2028, which includes all available extensions. 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 October 5, 1994 and most recently modified on July 20, 2006, 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 OA14 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. QZ/ North Carolina Department of Environmental Quality I Divimn of Energy, Nrcral and Land Resources Wilmmgton Regional Office 1127 Carcilmd Drive Extension I Wilmington. North Carolina 28405 rom xnu w ue.r.su+®+o+e 910.7%.7215 State Stormwater Permit No. SW8 940820 Page 2 of 2 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@ncdenr.gov. Sincerely, �Q l�/l'I.L �"r \ Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents DES/ams: \\\Stormwater\Permits & Projects\1994\940820 HD\2021 1 I permit 940820 cc: NCDEQ-DENILR Wilmington Regional Office c nw I/Ift oftZ. North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Witmtngton Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 �� / 910.796,7215 State Stormwater Management Systems Permit No SW8 940820 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 Northchase Homeowners Association, Inc. Northchase - Williamsburg Place Northchase Parkway, New Hanover 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 "stormwater rules') and the as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications The approved plans and specifications are incorporated by reference and are enforceable part of this permit This permit shall be effective from the date of issuance until July 20, 2028 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission, however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking, and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 2 of this permit. The stormwater control has been designed to handle the runoff from 145,000 square feet of impervious area. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans. 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 Page 1 of 5 State Stormwater Management Systems Permit No SW8 940820 5. 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 following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft2. Offsite, ft2: b. Total Impervious Surfaces, ft2. C. Design Storm, inches. d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g. Permanent Pool Surface Area, ft2: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL: I. Controlling Orifice: k Permitted Forebay Volume, ft3: 1 Receiving Stream/River Basin: M. Stream Index Number: n. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 6.60 277,981 9,515 (NorthChase Pkwy. West) 145,000 1 7.25 90% 27.0 5,070 18,300 29.50 1.5"0 pipe N/A UT Smith Creek / Cape Fear 18-74-63 'IC: Sw" The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a. Semiannual scheduled inspections (every 6 months). b. Sediment removal C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g Access to the outlet structure must be available at all times. 4 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. 5 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 2 of 5 State Stormwater Management Systems Permit No. SW8 940820 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations. 7 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made 10. Decorative spray fountains will be allowed in the stormwater treatment system if calculations are provided documenting the permeant pool volume is greater than 30,000 cubic feet. 11. 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. 12 ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions. Page 3 of 5 State Stormwater Management Systems Permit No SW8 940820 III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H 1045(3). CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form 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; TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding iv A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants, V. The assignment of declarant rights to another individual or entity, vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143- 214.7(c2), TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times Page 4 of 5 State Stormwater Management Systems Permit No. SW8 940820 b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made e. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143- 215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 6. 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 Permit renewed, updated and reissued this the 16th day of November 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian &L4irect r Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Attachment C - Permitting History Northchase Williamsburg Place Permit No. SW8 940820 Approval Permit BIMS Description of the Changes Date Action Version Original 10/5/1994 1.0 Approval 2/6/2006 Modification 1.1 Maintenance of pond violations Transferred from Ryals 7/20/2006 Transfer 1.2 Inveestments, LLC to Northchase Homeowners Association, Inc. 11/16/2021 Renewal 2.0 Project Name: Project Location: Northchase (Williamsburg Place) Northchase Parkway West Maintenance records shall be kept on the following SCM(s). This maintenance record shall be kept in a log in a known set location. Any deficient SCM 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 pollutant removal efficiency of the SCM(s). The SCM(s) on this project include (check all that apply & co Infiltration Basin Quantity: Infiltration Trench Quantity: Bioretention Cell Quantity: Wet Pond Quantity: Stormwater Wetland Quantity: Permeable Pavement Quantity: Sand Filter Quantity: Rainwater Harvesting Quantity: Green Roof Quantity: Level Spreader - Filter Strip Quantity: Proprietary System Quantity: Treatment Swale Quantity: Dry Pond Quantity: Disconnected Impervious Surface Present: User Defined SCM Present: Low Density Present: O&M sheets will Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s) Type: CLICK TO UPDATE O&M MANUAL I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each SCM above, and attached O&M tables. I agree to notify NCDEQ of any problems with the system or prior to any changes to the system or responsible party. Signature: Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Randy Norris CEPCO/CEO/Owner 1628 Doctor's Circle Wilmington, NC 28401 910-395-1500 ext Date: nno a Notary Public for the State of p Ali r1� County of (�n.nbu , do hereby certify that /RQnAkR.e.-.% personally appeared before me this aRCi day of /y1,3Ve,& &e ad A/ and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, / [/i . *4&J- JJ/(A"O c�s ik LV 2j0/��i NOTARY _ PUBLIC 1 �v Seal M l y commission expires 4cgo STORM-EZ Version 1.5 9/13/2021 O&M Agreement Page 1 of 1 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 940820 2 Project name: Williamsburg at Northchase 3 Project street address: Northchase Parkway City: Wilmington County: New Hanover ZIP: 28405 4. What, if any, changes have been made to the project as permitted? None It 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/about/divisions/energy- mineral-land-resources/energy-mineral-land-rules/stormwater-program/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://dea nc gov/about/divisions/energv-mineral-land- resources/energv-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: Northchase HOA 2. Signing Official's Name: Carlton Norris Csll=g .' I� 3. Signing Official's Title: President _ NOV 10 2021 4. Mailing Address: 1628 Doctors Circle City: Wilmington State: NC ZIP 28401 5 Street Address: City: State: ZIP: _ 6. Phone (_) Email: 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: 1. A permit application processing fee of $505.00 payable to NCDEQ 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. x 4. O&M Agreements, Please select one: [ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. (IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. (IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). httl)s://www.sosnc.gov/online services/searches title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 '4 D. PERMITTEE'S CERTIFICATION 1. candle N OR.Ki S , 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 coo; e e Signature: Date: NOTARIZATII,ON/-� I, /.,//elj SSR. i� �OD/e nn a Notary Public for the State of /UGrAA — & r64i .A County of C'O%am,6%c , do hereby certify that personally appeared before me this the day of /Udzce � 20_�, and acknowledge the due exec\tiph5%9101 / ping instrument. Witness my hand and official seal, (A1oiary e&ARY =_ PUBLIC — =n c,Z: I�dE Signature: .. _tLi �_ My commfsslon k�ires Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Permit No. 5LA)?9410YZ99 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may he photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT Project Name: ATION )"11:h»llslur. C. ro,J�as f%C�1�se� Contact Person: Chri 5 Ch 2r rI O (C — GCoi Phone Number. 0 IU) For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area J // t?m sq. ft. (water surface area at the orifice elevation) Drainage Area ac. (on -site and off -site drainage to the basin) Impervious Area 5 OW . at (on -site and off -site drainage to the basin) volumes Permanent Pool Volume cu. ft. Temporary Pool Volume cu. ft.Forebay Volume 1' — cu. ft. Otherporameters SA/DAI Diameter of Orifice Design Rainfall Design TSS Removal 2 FOFM SIAU-102 Rev 3.99 (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20•� of total volume) (surface area to drainage area ratio f om DWQ table) / S in. (2 to S day temporary pool draw -down required) I in. rQ % (minimum 85% required Page I of 4 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. Applicants Initials ✓ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). Ni} b. The forebay volume is approximately equal to 20% of the basin volume. P r' r ✓ %+ f T q ✓ 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) - g7074 %-55 ic5,AL 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). •S 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. in. A mechanism is specified which will drain the basin for maintenance or an emergency. (fir¢ -1995 p nd . lkm s not fleyP?/'8d III. 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 (foes not incorporate a vegetated filter at the outlet. This system (check one) 0 does does not incorporate pretreatment other than a forebay. Form S WU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 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 determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into //accumulated sediments. When the permanent pool depth reads T feet in the main pond, the sediment shall be removed. When the permanent pool depth reads AI— feet in the forebay, the sediment shall be removed. Sediment Re oval EL Bottom Ele ation FOREBAY BASIN DIAGRAM ill in the blanks) Permanent Pool Elevation a7.0 -------------------------------------- Sediment Removal Elevation � /• 6 Bottom Elevation MAIN POND 75% 25% 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. Form SWU-102 Rev 3.99 Page 3 of 4 RECEIVED MAY j:2 2006 7. All components of the wet detention basin system shall be maintained in good working order. 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. Date: L to" 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. a Notary Public for the State of c County of IyP W 1 FAI-�o\/ y, , do hereby certify that C /1 ��D (� r • �' �'lG T �i i personally appeared before me this S_ day of a� , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, y'•AUe�ICi ••V�� Or,_ ....... SEAL My commission expires l 0y Form SWU-102 Rev 3.99 Page 4 of 4 ,.�; ?' :� `� � , . < :., , ; , . .: .,.. ; ;, �- �, � . ... �c• �_ le. �, , 1�4' �� �l � - .. r� 1.'`,• t �.. !�• N NorthChase-Williamsburg Place New Hanover County Stormwater Project No. SW8 940820 Engineer's Certification a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, j�(Ck-Ce (Project) for ads [ ''es� `f t" L' C (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 roved plans and spec 4A„1 A A •, A ti . G o a CA UUe Signature SE AI e00d-7 z000� Registration Number F 61 N E..d' `9 Date �''•uuu,,.�a�`�� cL�GC�n(- `pt�" [�� 29 4� [�c�xcC�s % 2---EeoL 2 ` ► 0 5 ate: �aL a reification Requirements: ✓. 55. ✓ o• CC. State Sion, lwa'er Management Sj'src;ts Permit No. SW 5c c� 8 1__U 8 � U The drainage area to the system contains approximately the permitted acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. All the built -upon area associated with the project is graded such that the runoff drains to the system. The outlet/bypass structure elevations are per the approved plan. The outlet structure is located per the approved plans. Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. Vegetated slopes are no steeper than 3:1. 2 i ( 'ice eii The inlets are located per the approved plans and do not cause short-circuiting of tli system-_..:. The permitted amounts of surface area and/or volume have been provided. Required drawdown devices are correctly Sized per the'approved plans. All required design depths are provided. All required parts of the system are provided. such as a vegetated shelf; and a forebay. T he a aerall dimensions of the system, as shove on the approved plans, are provided. NCDM,M DWQ Regional Office Tony Roberts, New Hanover County Building Inspector f nU;y BOOK Pt„E STATE OF tUri1 4AROLINI0 1 4 DECLARATION OF RESTRICTIONS OF WILLIAMSBUItG PLACE COUNTY OF NEW HANOVER (D* (V..N *� air THIS DECLARATION, made this the Igh day of March , 1996, by WILLIAMSBURG PLACE, LLC, herein referred to as "Developer"; �Sq� W ITNESSETH: 00008et Wherea,., Developer is the developer and owner of certain property lccated at North Chase, in Cape Fear Township, New Hanover County, North Carolina as is hereinafter described; and Whereas, the Developer has determined that it would be in the best interest of the present and future -owners -of _units within the subdivision to record in the Register of Deeds of New Harover County, North Carolina, a Declaration of Restrictions of WILLIAMSBURG PLACE; Fiw THEREFORE, the Developer hereby declares that all of the properties described herein shall be held, sold, and conveyed subject to the following easem-nts, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the real property, and be binding on all parties having any right, title, or interest in the said properties or any part thereof, their..heira. _successors_ and_. assigns', and shall inure to the benefit of each owner thereof.,,, 1. SCOPE Or DECLARATION This Declaration of Restrictions shall apply to all unite of all phases in WILLIAMSBURG PLACE which shall total sixty unite, the first phase of which is in Map Book ,L at Page of the New Hanover County Registry. 0 Ae erein provided, the term -Subdivision- shall apply to all phases of WILLIAMSBURG PLACE. 2. UNIT USE No unit located within the subdivision shall never be used for manufacturing, or commercial purposes, it being intended that all units shall be used for residential purposes only; provided that the Developer may use a unit as it sales office and Owners may use a room in a unit for a business or professional purpose but still can not put up any sign or other advertising of such upon or in the unit. Developer reserves the right to construct apartments, duplexes, triplexes, or any other type of multi -family residential development as allowed by law. 3. SETBACK REQUIREMENTS Since the establishment of standard inflexible building setback lines for the location of unite tends to force construction of unite directly to the aide of other unite with detrimental effects on privacy, views, preservation of important trees and other vegetation, ecological, and related considerations, no specific setback lines are established by these restrictions. In order tc assure, however, that the foregoing considerations are given maximum effect, the Developer reserves the right to control and approve absolutely the site and location of any structure within the project. C. TEMPORARY STRUCTURES AND OTHER STRUCTURES No structure of a temporary character, trailer, basement, .Sent., Ahar.k. narane apartment, barn, or other outbuilding shall be erected or used as a residence. This restriction shall not be applicable to n temporary construction trailer used by a builder while a residence is being built on the unit, so long as such trailer is not used as a residence or living quarters. 200y 1015 N.AIlT;FNANes OF UNIT, NUISANCES :.t shall be the duty of ea ,-h homeowner to keep hill cr her property in a neat and tidy condition, well maintained, with no unsightly debris or litter or the like in view. No homeowner shall place outside his unit, any kind of statue, sculpture, -object d'art", yard decoration, artif:.cial wildlife, or any other similar type of object. No noxious or offensive trade or activity shall be carried on or maintained in any unit, nor shall any activity be conducted which constitutes an annoyance or nuisance to the neighborhood. G. ANIMALS No animals, livestock, or poultry of arty kind nhal-' be raised, bred, or kept in ally unit in the subdivision, Wkept that doge, cats, or other household pets may be kept for the purpose cf providing companionship for the private family. Animals are not to be raised, bred, cr kept for commercial purpose's or for food. it is the purpose of these provisions to restrict the use of any unit and the yards so that no person shall quarter in said units cows, horses, bees, hogs, sheep, goats, guinea fowls, chicks, geese, rabbits, chickens, turkeys, skunks, snakes, or any other animal that may interfere with the quietude; health, or safety of the community. No more than four (4) household pets will be permitted in any unit. Pets must be restrained or confined within the unit. It is the pet owner's responsibility to keep their unit and the yards clean and free of pet debris. All animals must be properly tagged Io: identification, and further, must be kept on a leash unless such animal is confined within a fenced area. when such animals are not confined within a fenced area it: is the pet owner's responsibility to remove any pet debris left by their pet upon any of the yards or common areas within the subdivision. Any costs incurred by the other unit owners or the Association as hereinafter --------set out,- for the removal of pet debris -,.left _.by th"et of a unit owner upon any yard or upon any part of the common areas,e a e ------ a charge against the pet owner's unit and shall be assessed against that individual unit owner as a special assessment and subject to the regulations regarding liens and assessments as hereinafter set forth. 7. FENCED AREAS AND LIMITED COMMON AREAS Developer may construct a fenced area or fences within the development. Depending on the final architectural layout of the units as constructed, some of these fenced areas may be located within the boundaries of the yards conveyed to the adjacent unit owner, while some of the fenced areas may be located on common areas owned by the Association an hereinafter described. In the event that sucli fenced areas shall be constructed on common areas, ouch areas shall become "Limited Common Areas" which shall mean such common areas, although owned by the Association, shall be reserved solely for the use of the owner of the adjacent unit, to the exclusion of the owners of the othe_ units within the subdivision. The fences surrounding these areas shall be maintained by the' Association as hereinafter described, however, maintenance of the areas within the fences shall be the responsibility of the owner of the adjacent unit, Developer may construct additional fencing in the yards subject hereto, and such fencing shall be maintained by the Owners' Association. 6. UTILITY EASEMENTS The Developer reserves for itself, its successor&, and assigns, an casement in and right at any time in the future to grant a right -of way under, over, and along the side, rear, and front property lines of each and every parcel in the Subdivision, far the installation and maintenance of pDles, lines, conduits, pipes, and other equipment necessary to or useful or firninhinrr elerrrir fv.wo r, gas. rele-hone zervice, _1_ television, or other utilities including water and sewer service and drainage. Also, easements for drainage and utilities are reserved as shown on the recorded plat of the Subdivision. Developer reserves the right to male changes in and additions to the above easements for the purpose of most efficiently and economically installing improvements. UNIT GRADING The general grading, slope, and drainage plan:f yard may not be altered without the express written appro,al of 2003 1016 %he New Hano ier County authorities and the Homeown era Association. and any other appropriate agencies having authority to grant Such approval. 10. EXTERIOR MAINTENANCE Each unit owner shall maintain the exterior of all buildings, walls, and other improvements in good condition and repair, and shall replace worn and damaged parts and shall regularly repaint all painted surfaces and shall not permit the roofe, rain gutters, downrpnrts, exterior walls, windows, doors, or other exterior portior.s of the' improvements to deteriorate in an unattractive manner. The maintenance referenced herein shall be supervised and regulated by the WILLIAMSBURG PLACE OWNERS ASSOCIATION, INC. In the event that a unit owner shall fail to comply with these maintenance requirements, the Association is hereby expressly authorized, and the unit owner hereby expressly agrees, that said maintenance and/or repair may be effected by the said Association with the expenses incurred for the same to be assessed against the individual unit owner as a special assessment and subject to the regulaticna regarding liens and asue:ssments an herein set forth. The owners of each unit shall be responsible for the repair and replacement of the roof on that owners' unit, and the A3noCiation shall not be required to provide such repair or repiacemer.l. In the event that there are two or more unite served by a single roof structure, the owners of the unite served by such single roof structure shall be joinrly responsible for ouch roof repair or replacement. If the areas of the roof serving two or more unite are not equal in size for each unit thereby served, then the coats of the roof repair or replacement shall be divided pro rate based on. the agtual,roof area serving each unit in reldticn to the roof area of the entire structure. - ----- 11. LANDSCAPING MAINTENANCE All front, side, and backyard areas, not otherwise fenced in shall be maintained by the WILLIAMSBURG PLACE OWNERS ASSOCIATION, INC. No landscaping other than that provided by the Developer and/or the Association shall be allowed, except inside those areas designated on the plat as "Owner Maintained Areas." 12. DIRECTIONAL SIGNS The Developer reserves for itself, its successors and aesigns, a temporary easement to place directional signs upon any of the yards 1n said Subdivision, in order to anoint prospective purchasers in locating other unite which are for vale in the Subdivision. The right to place and maintain such signs shall terminate six (6) yearn from the date of thin instrument. 13. STREET LIGHTING The Developer reserves the right to subject the real property in t..ie Subdivision to a contract with Carolina Power 4 Light Company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to Carolina Power 6 Light Company by the Homeowners Association. 14. MAILBOXES AND NEWSPAPER BOXES Each unit in the Subdivision shall have one (1) mailbox and one (1) newspaper box, and these boxes shall be maintained in a cluster box arrangement, which will be provided by the Developer. The maintenance of such boxes shall be the responsibility of the Owners' Association as hereinafter provided. 15 WINDQN rny_vRYuna To '_^e_re coneiatcncy and attracti.crcto within the Subdivision, white mini -blinds must be installed in all of the windows of all homes within ten (10) days of occupancy, such that the total view of all windows from the outside of the house is white mini-blinde. window treatments inside of the house nDd not visible from the outside of the house or unit are ir. the discretion of the owner. 16. EXTERIOR ANTENNAE Exterior televinion or radio antennae, or television or radio satellite dishes are not permitted within the BOOK Pt•CE 7 zoos 17. CLOTHESLINES The outdoor drying or airing of clothes and t`.e erection of outdoor clotheslines or similar devices in any lard -.n the Subdivision shall be subject to the approval of thO Developer, or Homeowners Assoc:iaticn and then only when thoroughly concealed or screened from public view within a fenced yard area. 18. MEL TANKS AND STORAGE RECEPTACLES No fuel tanks or aim-.lar storage receptacles located in any yard may be exposed to public view. Any such receptacles must be installed only within a fenced area adjacent to the unit which it serves. 19. WATER AND SEWAGE (a) All water to be used in the Subdivision for domentic purposes shall be obtained from the New Hanover County water system. A.i eight (8) foot radius from each water meter shall be an easement for maintenance and repair of such meter. Additionally, the front ten (10) feet of each yard is hereby reserved for utility easements. (b) Sewage disposal systems shall be only into the New Hanover County sewage collection system. 20. ACCESS, MAINTENANCE, AND CONSTRUCTION EASEMENTS (a) The Association, acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably necessary to per-form_the ,exterior maintenance provided for by this Declaration. (b) Easements are reserved over those-p`oitioge of [he Common Areas and Limited Common Areas and facilitfee _that may be necessary or required to accommodate overhanging eaves bi:other cantilevered construction which may encroach upon the dommon Areas or Limited Common Areas, or the air and light space above such Common Areas. (c) Each unit and all Common Areau and facilities and Limited Common Areas are hereby subjected to an easement for the repair, maintenance, expansion, reduction, inspection, removal, relocation, or other service of or to all gas, electricity, cable television, telephone, water, plumbing, sewer, utility, drainage, or other Common Areas and facilities, whether or not the cause of any or all of those activities originates on .or in the unit in which the work must be performed. (d) Each ut .t, and the property included in the Common Area shall be subject to an easement for encroachmente created by construction, settling, and overhangs for all buildings constructed by Developer. A valid easement for such encroachments and for the maintenance of same, so long as such encroachments stand, shall and does exist. In the event that any structure containing two or more unite is partially or, totally destroyed and then rebuilt, the owners of the unite so affected and other adjacent units agree that minor encroachments of or on parts of the adjacent units or yardu or Common Areas due to construction shall be permitted, and that a valid easement for said encroachment and the maintenance thereof shall and does exist. Is) In the event that ingress of egress to any un:.t is through or across any common areas, such common areas sire hereby subjected to an access easement for such owners, ingress, egress and regress to ana from such unit. If) All easements and rights described herein are easements appurtenant, running with the land, and shall be binding on the Developer, its successors and assigns, and any owner, purchaser, morr.gagee, and other person having an interest in said lard, or any part or portion thereof, regardless of: whether or not reference to said easement is made in the respective deeds of conveyance, or i:, BOOK PACE 2003 1018 my mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. 21. OWNERS ASSOCIATION (a) To provide for the maintenance, repair, upkeep and replacement of the subdivision sign, streets, pool, sewer, irrigation system, if any, mail and paper boxes, street signs, walkways, parking areas, storawater facilities, other amenities, common areas, and, except as herein provided, the yard areas of the unite in the Subdivision, the Developer has formed the WILLIAMSBURG PLACE OWNERS ASSOCIATION, INC., a non-profit corporation organt.zed pursuant to Chapter 55A of the General Statutes of North Carolina. The Association shall also be responsible for providing any necessary liability insurance. The Articles of Incorporation for said corporation are recorded in Book , at Page of the New Hanover County Registry. The By -Laws or said corporation are attached hereto as Exhibit "A•, and are incorporated herein by reference. (b) Every owner of a fee simple title to a unit within the Subdivision shall be deemed to own, possess and have accepted: (2) A Class "A" membership(s) in the WILLIAMSBURG PLACE OWNERS ArsOCiATION, INC., (Association), appurtenant to his unit(s)i (2) An undivided equal interest with all other owners, for each membership in the Association owned, in the Association and all of its assets; (3) A right and easement of enjoyment_, -equal t-0 itat Of all other owners, in and to the common areas and Amenities,' which is appurtenant to the title to each unit, subject to;the right of the Association to dedicate or tranafer all or any part of .the common areas and amenities, for such purposes and subject to such conditions as the Association may determine, acting by aril pursuant to the provisions of its duly enacted By -Laws. (4) The duty of complying with and abiding by all of the provisions of these Articles, the By -Laws of the Aueoclation and the Rules and Regulations of the Association, including the payment of dues and assessments as provided elsewhere herein. (c) The Association shall have two classes of voting membership: Class A Member: Class A members shall be the owners of unite in WILLIAMSBURG PLACE, e:.cept for the Developer until its ,)Class B membership has converted to Class A membership. Each Class A member shall be entitled to one vote for each unit so o:med. When more than one person holds an interest in any unit, the vote for such unit shall be exercised as the owners of the unit may among themselves determine, but in no event shall more than one vote be cast with respect to any such unit. Class a Member: The Class B member, shall be the Developer, and it shall be entitled to three (3) votes for each unit planned or owned by it. The Class B membership shall cease and . be converted io Class A membership upon the occurrence of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership exceeds the total votes outstanding in the Class B membership, or (b) on December 31, 2002. 22. LIENS AND ASSESSMENTS The Association has heretofore been given the authority to administer the operation and management of the common areas and the amenities of the property, it being recognized that the delegation of such duties to one entity is in BOOK PALE 2003 1019 the bent interests of the owners of all units subject hereto to properly administerthe operation and management of the common areas and amenities. The Association will incur, for the mutual t,enefit of all the owners of such units, costs and expenses uometimea herein referred to as "common expenses•. To provide the funds necessary for such proper operation, management and capital improvement, the Association has heretofore been granted the right to make, levy and collect assessments against the members o: the Association. and their unite. In furtherance of this grant of authority to the Association to make, levy and collect assessments to pay the coots and expenses for the operation of, the management of, and for capital improvements to the common areas, which for the purposes of these By -Laws shall be deemed to include, but not be limited to, the crvmnon areas and amenities, and all other improvements, the following uhall be operative and binding upon the owners of all unite: (a) The owner of any unit subject hereto, with the exception of the Developer, by acceptance of a Deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (:) special assessments for capital improvements, or reserves for such, or special assessments as established by the Board of Directors of the Association, such asseesmenty to be established and collected as hereinafter provided. (b) The annual and special assessments, together with the — ---interest, coots, and reasonable.attorney's fees,_ if..eny,. she he a charge on the unite and shall be a continual licit ypon!saell,un`i.t against which they are levied. Each such aesensment,'.t ,other with ,- interest, coats and reasonable attorneys fees, shall:, also be the personal obligation of the person or entity who is:the owner of ouch unit .at the time when the assessment falls due. The personal obligation for delinquent assessments shall not .pass to any successor in title unless expressly assumed by such successor. (c) The Developer shall not be required to pay regular annual or special assessments on any unit owned by it prior to its sale. (d) The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement, maintenance, and repair of all easements, utilities, stormwater facilities, including ponds, irrigation system, subdivision signs, mail and paper boxes, yard areas, parking areas, walkways, amenities, and the otl.ir common areas, as herein provided. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Maintenance, repair, and, improvement of the common areas, irrigation system, if any, drainage and utility easements, stormwater facilities (including panda), and rights of ways; maintenance of the parking areas,' walkways, amenities, and yard areas as herein provided, enforcing these restrictions, and, in addition, doing any other things necessary, proper, or desirable in the opinion of the Association to keep the property in neat and good order and to provide for the health, welfare and safety of the owners and residents of the subdivision. (e) The annual assessments for each calendar year shall be established by the Board of Directors, and may be increased by the Board of Directors for any calendar year without approval by the membership by an amount not to exceed ten percent (10%) of the maximum annual assessment of the previous year. The maximum annual assessment for any calendar year may be increased without limit by a vote representing members holding two-thirds (2/3) of the votes who are voting in person or by proxy at a meeting called for this purpose. (f) In addition to the annual assessments authorized above, 2001 1J20 the Assc=iaticn may levy, in any calendar year, a special assessment for the purpose of defraying in whole or in part, the costs cf any construction, reconstruction, repair or replacement l:f a capital improvement iotated any place within the tom win areas, provided that any such assessment shall have the assent of members representing two-thirds 12/3) of the votes who are voting in peracn or by proxy at a meeting duly called for this purpose. All special assessments shall be fixed to the uniform rate for all un:.te and may be collected on a monthly basis. (g) Written notice of any meeting called for the purpose of taking any action authorized under Paragraph 22(e) or. Paragraph 22(f) set forth above shall be sent to all members not less that ter, (10) days nor more than (30) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies -entitled to cast a majority of all votes of the0owners of units shall constitute a quorum. If the required quorum is not present, the meeting may be adjourned to a time not more than forty-eight (48) hours from the tine the original meeting was called, or another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorura of the preceding meeting. No such subsequent called meeting shall be held more than thirty (30) days following the preceding meeting. (h) The annual assessments provided 'for herein'- shall be - - collected on a quarterly basis and shall commence as to all units in the Subdivision on the first day of the month following recordation of the Declaration of Restrictions for the subdivision. The first annual assessment shall be adjusted according to the - - number of months remaining in.the Calendar_. year. Upon the clawing of transfer of a unit subject hereto, there iha),l,be,ai:apsesam-ent due for the remainder of the quarter ih which'tlieJ.ciae;ri$.oSyCys,. plus the amount of the assessment due*for"the Idi'lowifiy'quAYter. (i) Any assessment not paid within thirty, (30) days after the due date shall bear interest at the rate of eighteen percent'(lst) per annum from the date due until paid. The Association may bring an action at law against the other owner personally obligated to pay the same or foreclose the lien against the unit and interest, costs, and reasonable attorney's fee of Such action or foreclosure Shall be added to the amount of ouch assessment. (j) The lien herein granted unto the Association Shall be enforceable from and after the time of recording a claim of lien in the public records of New Hanover County, North Carolina, which claim shall state the description of the unit encumbered thereby, the name of the .record owner, the amount due and the date when due. The claim of lien stall be recordable any time after default and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, COOLS, and attorney's fees thereon, all as above provided. Such claims of lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. The lien provided for herein shall be subordinated to the lien of any first mortgage or Deed of Trust and any person, firm, corporation or other entity acquiring title to any unit by virtue of any foreclosure, deed in lieu of foreclosure or judicial sale, shall be liable and obligated only for assessments as shall accrue and become due and payable subsequent to the date of acquisition of such title, and it shall not be liable for the payment of any assessments which were in default and delinquent at the time it acquired such title. In the event of the acquisition of title to a unit by foreclosure, deed in lieu of foreclosure or judicial Sale, any assessment or assessmeents as to which the party so acquiring title shall not be liable shall be absorbed and paid by all owners of all units as part of the common expenses, although nothing herein contained Shall be construed as releasing the party liable for such delinquent assessment from the payment thereof or the enforcement of NYC 200e 1021 co`lection of ouch payment by means other than foreclosure. (k) The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. The sale or transfer of any unit shall not affect the assessment lien. However, the sale or transfer of any unit pursuant to mortgage or deed of trust foreclosure or any proceeding in lieu thereof, shall extinguish the lien of auch assessments as to payments which.became due prior to such sale or transfer. No sale or transfer shall relieve such unit from liability for any assessments thereafter becoming due or from the Den thereof. (1) Mortgagees or deed of trust trustees or beneficiaries are not required to collect assessments, and the failure of the owner to pay assessments shall not constitute a default under a mortgage. (m) Upon the sale of seventy-five percent (75%) of all of the unite in all sections or phases of the Subdivision, the Developer will turn over control of the Owner's Association to the Board of Directors to be elected by the membership in accordance with the By -Laws of the Association. Until such time, however, the Developer shall elect the Board of Directors of the Association. 23. CONVEYANCE OF COMMON AREAS TO ASSOCIATION The Developer shall convey to the Association, free and clear of all encumbrances, the cotmnon areas and limited common areas as shown on the plat of that phase as recorded !n the New Hanover county Register of Deeds. 24. CONVEYANCE, MORTGAGE, AND DEDICATION OF COMMON AREAS The - — common areas and limited common _areas.. ma y..,.nOt__b_e._Co0_v_eyed,. _-- -. mortgaged, or dedicated without the consent of at lEaat.iadVity- - - five percent (75t) of the unit owners. "' 25. RIGBT8 OF ELIGIBLE MORTGAGE HOLDERS To the extant permitted by law, an Eligible Mortgage Holder, that is, a holder of a first mortgage or lien on a unit who has requested notice of certain matters from the Association, upon written request .to the Association, identifying the name and address of the owner and holder, will be entitled to timely written notice of: (a) Any condemnation, lose, or casualty lose which affects a material portion of the project or any unite on which there is a mortgage held by such Eligible Mortg%ge Holder. (b) Any delinquency in payment of assessments or charges owed by an owner of the unit subject to a first mortgage held by such Eligible Mortgage Holder which remains uncured for a period of sixty days. (c) Any, lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. (d) Any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders. (e) In addition to the foregoing rights, the Eligible Mortgage Holders shall be afforded the following rights subject to the extent permitted by law and as allowed by the North Carolina General Statutes as they now exist or as they may be amended from time to time. -(1) Any election to terminate the legal status of the project after substantial destruction. or a substantial taking in condemnation of the project property must require the approval of at least 75t of the votes of the owners of the unite subject to Eligible Mortgage Holders. (2) Unless otherwise provided in the Declaration or Bylaws, no reallocation of interest in the common areas resulting from a partial condemnation or partial destruction of the project' may be affected without the prior approval of Eligible Mortgage BOOK P:,c 2003 1022 Holders hv!ding mortgages on all remaining units or units whether existing noeerin such remaining unite subject to Eligibleart, and which havc at least 75% of mortgage he votes ofthe owners of mortgage Holders. 26. INSURANCE It shall be the individual responsibility of each unit owner to maintain casualty and liability insurance on his contents of his unit. It shall be the duty of the Association to maintain in effect casualty and liability insurance on all improvements, including those in the common areas as follows: (a) Amount and Scope. of Insurance: All insurance policies upon the improvements shall be secured by the Board of Directors or its designee on behalf of the Association in at least the amount of replacement cost with full authority, which shall obtain su:h insurance against (1) lees or damage by fire or other hazards normally insured against; and (2) such other risks, including public liability insurance:, for projects similar in constructi-xn. However, ouch liability coverage shall be for at least $I,Ooo,000.00 for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Coverage under this policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons in connection with the operation, maintenance, or use of the areas and legal liability arising out of .lawsuits relating to employment contracts of the Association. The foregoirg shall not preclude the Board frr,n obtaining insurance rpverage on all or a portion of the limited common areas and facilities. (b) Insurance Provisions. The Board of Directors shall make - diligent effort to ensure that..said ineurance_pOlicies provide for the following: - (1) A waiver of subrogation b. the insurer as to any claims against the Association, any officer, director., agent, or employee of the Association, the unit owners, and their employees, agents, tenants, and invitees. (2) A waiver by the insurer of its right to repair and reconstruct instead of paying cash. (3) Coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty days prior written notice to the named insured. (4) Coverage will not be prejudiced by act or neglect of the unit owners when said act or neglect is not within the control of the Association. (5) The policies cannot be cancelled, invalidated, or suspended on account of the conduct of any one or more individual unit owners. (6) The policy cannot be cancelled, invalidated, or suspended on account of any officer or employee of the Board of Directors without prior demand in writing that the Board of Directors cure the defect and the allowance of a reasonable time thereafter within which the defect may be cared by the Association. (c) Premiums. All insurance premiums purchased by the Board of Directors �r its designee and any deductibles payable by the Association upon lose shall be a common expense and the Association shall levy against the owners equally, as an additional annual assessment, herein called •Insurance Assessment- which shall be in addition to the amounts provided for herein, an amount sufficient to pay the annual coat of all such insurance premiums. (d) Proceeds. All insurance policies purchased pursuant to these provisions shall provide that all proceeds shall be payable to the Board as insurance trustee or to such attorney at law or institution with trust powers as may be approved by the Board of Directors. 0 BOOK PACE 2003 1023 (e) policies. All insurance policies purchased by the Board of Directors shall be with a company or companies permitted to do business In the State of North Carolina and holding a rating of •A• or better by the current issue of Best's Insurance Reports. All Insurance policies shall be written for the benefit of the Board of Directors arid the unit owners and their mortgagees as their respective interests may appeal-, and shall provide that all Proceeds thereof shall be payable to the Board of Directors and duplicates of naid policiee and endorsements and all renewals thereof, or certificates thereof, together with proof of payment of premiums, shall be delivered to the owners at least ten (1o) days prior to the expiration date with respect to the then current policies. (f) Distribution of Insurance Proceeds. Proceeds of insurance policies shall be distributed to or for the benefit of the beneficial owners in the following manner: (1) Expenses of Trust. All reasonable expenses of the insurance trustee shall be first paid or provieione made.therefor. (2) Reconstruction or Repair. The remaining proceeds ..),all be used to defray the coat of repairs for the damage or reconstruction for which 0 the proceeds are paid. Any proceeds remaining after defraying such coa0 -- ,i--- ,-- - shall retained by the Association. ?+, for such common expenses tit purposes as the Board shall dntermirie. (g) If a unit owner experiences a casualty lone the proceeds of insurance on his unit shall be used to restore the damaged unit to its original condition and appearance. 27. PIDELITY BONDS (a) The Association shall maintain blanket fidelity bonds for all officers, directors, employee3, and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all of the responsibility for the handling of its funds to a management agent, such fidelity bonds shall be maintained by such ma-agement agent for its officers, employeea, and agents handling or responsible for funds of or administered on behalf of the Association. . (b) Amount of Coverage. The total amount of fidelity bond coverage required shall be based upon beet business judgment and shall not be lees than the estimated maximum of funda, including reaerve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be lees than a eum equal to • three months aggregate assessments on all unite plus reserve funds. (c) other ,tequirements. Fidelity bonds required herein must meet the following requirements: (1) Fidelity bonds shall name the Association as an obligee. (2) The bonds shall contain waivers by the insuers of the bonds of all defenses based upon the exclusion of per -none serving without- compensation from the definitions of -Employees', or similar terms or expressions. Ro c,i BOOK PACE 2003 1024 (3, The premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its officers, employees, and agents) shall be paid by the Association as a common expense. (4) The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) ,days prior written notice to the Association, to any insurance trustee, and each Eligible Mortgage Holder. 28. sTORMNATER HADM21ANCZ PLAN It shall be the responsibility of the Association to provide the following inspections and maintenance of the stormwater system: (a) Periodic Inspections: Periodic Inspections shall be provided as follows: (1) The Association shall provide the services of a person competent to inspect the stormwater system on a periodic basis for catch basin and pipe blockage and detention pond operation. (2) The inspector shall remove any trash or deebria which has ,collected in the catch basins, pipes, or detention ponds, and report any more serious defects to the Association. (3) Periodically, the ponds shall be inspected to see that the pond level is at or below the permanent design pond level. (b) Semiannual Inspections-: Semiannual Inepectlone-ehal_-1.-be_.—.--..- provided as follows: (1) At least once every six months, an inapect16n shall be made of the detention ponds to determine' if excessive sedimentation or plant growth has occurred. (2) If sedimentation has occurred to the poini'that the general elevation of the bottom of the pond is more than one foot above the original pond bottom elevation, the sedimentation shall be removed at least to the original pond bottom elevation. (3) If plant growtW has progressed to the point that it interferes with the effectiveness of the ponds, it shall be removed. This can be accomplished by hand or mechanical means. (4) This in-pection shall also include an inspection of the orifice which controls the pond level after a rain. (S) when construction has been completed, certification by a Registered Professional Engineer will be required stating that construction was completed in accordance with the approved plans. (c) The net effect of the above inspection and repairs where necessary, shall be to keep the stormwater system in good repair and to see that the pollutant control effeotivenene is not diminished. (d) Any sloughing, erosion, or vegetation washout o: the etormwater systew shall be immediately repaired to obtain the design depth, elopes, and specifications. , (e) The State of North Carolina is hereby made a beneficiary to the extent necessary to enforce its stormwater regulations as the name may be amended from time to time. 29. AMENDMENT Except as otherwise provided herein these restrictions may be altered, modified, canceled, or changid at any rimv as (.o said subdivision as a whole or as to any phase or part BOOR PACE 2003 1025 thereof by a written document, recorded in the New Hanover County Registry, executed by the. owners (not including mortgagees, trustees, or other lienholders) of not lees than two-thirds (2/3) of the unite to which these restrictions apply. Developer's power to amend this Declaration as provided herein shall not require: the consent of the Class A members and shall be valid when signed by the Developer and recorded in the New Hanover County Register of Deeds. 30. VIOLATIONS If the parties hereto, or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for the Association or any other person or persons owning any unit situated in said subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenants and either prevent him or them from so doing or recover damages or other dues for such violations. 31. INVALIDATION Invalidation of any one of these covenants by judgment or court order shall in no way effect any of the other covenants herein, which shall remain ir full force and effect. 32. TEP14 All covenants restrictions, and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties claiming under them to specifically include, but not be limited to the successors and assigns, if any, of Developer, for a period of twenty !40) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of a majority of the units (not -including mortgagees- or trustees - under--deeds,--of,-;-trust)- - — substantially affected by such changes in covenants, has- been recorded, agreeing to change said covenants in whole or in part. 33. UNITS SUBJECT TO DECLARATION All present and future owners, tenants, and occupants of unite and their guests and invitees shall be subject to and shall comply with the provisions of this Declaration, as the Declaration may be amended from time to time. The ac:eptance of a deed of conveyance cr the entering of a lease or the entering into occupancy of any unit shall constitute an agreement that the provisions of the Declaration are accepted and ratified by ouch owner, tenant, or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the owner of any unit, their respective legal representative heirs, successors, and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any unit as though such provisions were a-ide a part of each and every deed of conveyance or lease. IN TESTIMONY WHEREOF, the Developer has caused this instrument to be executed in its corporate name by its President, attested by its Secretary, and its corporate meal to be hereunto affixed, all as of the day and year first above written. ...... WIt* SBURO P ,fA %r •�ii� r d� .e ,01 !�*r4 fit•, By • M1�, i gar P. DEAN POTTER, President ++r �. .��1'Y Secretary n • ••.... ,,,.•••V '(¢ffRPORATE SEAL) J DOCK 200.E 1026 rEe cndersigned, First Cirizens Bark 4 Tnst Cc�gary, ,ta successor to Pe,:ples Savings Bank, Inc., SSB, dcm;s here:•; sign this dDcument for :ne purpose of consenting to and joining in the aLr•:e Declaration of Restrictions of Williamsburg Place. This the 14+h day of , 1996. FIRST -CITIZENS BANK 6 TRUST C3MP1\1• By: ATTE T: C2/ 'As4.i JnE,Secretary Tt`J' 1L) lot 'tiTARE,;{Dp•'�;NORTH CARO?,INA ,F6j�►pr,. NEW tUalOVER Vice President RECORDCD AND VERIFIED 11".Rr ;U:.DC'S ACCIST:it CF CE DS �✓ PF.1V NaNOVER CO NC '96 MR 21 PM 12 14 I, a Notary Public of th- County and State aforesaid, certify that G. A. RYALS personally came_ before me this day and acknowledged that he is Secretary of WILLIAMSBURG PLACE, LLC, a North Carolina Corporation, and that by authority duly given and an the act of the Corporation, the foregoing instrument was signed in Its name by its President, sealed with 'its: corporate seal and attested by her as its Secretary. Witness my hand and notarial stamp or seal, this 14th day of March 1996. ) A�1••••'rrryrrl ' / pp Notary Public ••1 .�sa _•� • • •£' My Commission Expires ) 11-44-98 PUBLIC 1t STATE OF NORTH CAROLINA COUNTY of NEW HANOVER I, a Notary 'cablic in and for the aforesaid County and State, do certify that �'i(-f $ -n0' IZ j t l; ( I personally appeared before me this day, and acknowledged that he/she in Assistant; Secretary of. FIRST -CITIZENS BANK 6 TRUST COMPANY, a North Carolina Banking Corporation, the foregoing instrument was signed in its name by , its Vice President, sealed with its corporate seal, and attested by himself/herself as its Assistant Secretary. 1996. Y71t.nens my hand and official seal this ./-7 day cf ftAACA, ' (Official Seal) NOTA9Y 1 PUBLIC O rflotary P� lt3 is - My "ommineion Expires: STATE OF NORTH CAROLINA New Ilanovtr County to t'S N m/Nuunol ILFIu n/ u.•. n of,nl la rrnl at .