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HomeMy WebLinkAboutSW7060410_HISTORICAL FILE_20190528STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW `ZDIOD�/lJ DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE YYYYMMDD Thorpe, Roger From: Amy Durden <adurden@cityofec.com> . . Sent: Tuesday, May 28, 2019 2:16 PM To: Thorpe, Roger Subject: Re: [External] Stormwater pond in Elizabeth City External email. Do not click links or open attachments unless you`ve6fy,Send all suspicioiisemail-as-an,-attachment tom report.spam@nc.gov Yes, I do. Jeff and Valerie Troll. 252-562-6843 Amy Durden, PLS, LISP, CFM GIS Coordinator City of Elizabeth City, NC 252-337-6628 On Fri, May 24, 2019 at 10:11 AM Thorpe, Roger <roper.thorpe@ncdenr.gov> wrote: Amy Do you have the citizens contact information? We will contact them. Thanks Roger From: Amy Durden <adurden(a cityofec.com> Sent: Thursday, May 23, 2019 3:41 PM To: Thorpe, Roger <roger.thorpe(c@ncdenr.gov> Subject: [External] Stormwater pond in Elizabeth City T'- f'I Ir External email.�Do•not click hnks,or open attachments unless you veriFy Send�ali suspicious,email as an attachment to reDort.SDam@nc.PoV Good afternoon Mr Thorpe. A citizen who lives in Perkins Estates is having issues with their stormwater pond. I believe he is the head of the homeowners association. It is permit number SW 7060410. One of the issues is the ditch the pond flows into is filled with sediment. Is there anyone there who could inspect this pond and give guidance to the citizen? Thank you. Amy Durden, PLS, GISP, CFM GIS Coordinator t . City of Elizabeth City, NC 252-337-6628 l� A�� "' NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 21, 2014 Perkins Estates Property Owner's Association, Inc. Attn: Mr. Troy Meads, President 1700 Darian Drive Elizabeth City, NC 27909 Dear Mr.. Meads: John E. Skvarla, III Secretary Subject: Stormwater Permit No. SW7060410 Perkins Estates High Density Subdivision Project Pasquotank County The Washington Regional Office received a complete Stormwater Management Permit Application for transfer of Perkins Estates on March 11, 2013. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7060410, dated May 21, 2014, for the continued construction, operation and maintenance of the project, Perkins Estates. This permit shall be effective from the date of issuance until May 8, 2020, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system ..,,!,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 upon written request within thirty (30) days Following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office'of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely,/ Scott Vinson Environmental Engineer .1LRISWPISAVIG-Stormwater\PERM IT1SW7060410 cc: Phillip Harrington, Down East Developers of NC, LLC L/Washington Regional Office Division of Energy, Mineral, and Land Resources . Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481 I FAX: 252-975-3716 Internet: http://portal.ncdenr.org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper State Stormwater Management Systems Permit No. SW7060410 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Perkins Estates Property Owner's Associtation, Inc. Perkins Estates Pasquotank County FOR THE construction, operation and maintenance of 2 wet detention ponds in compliance with the provisions of 15A NCAC 2H A 000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division and considered a part of this permit. This permit shall be effective from the date of issuance until May 8, 2020 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 82 lots, each allowed 7,000 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. Page 2of7 State Stormwater Management Systems Permit No. SW7060410 5. The following design elements have been permitted for these wet detention pond stormwater facilities, and must be provided in the systems at all times. Pond 1 Pond 2 a. Drainage Area, acres: 36.36 6.30 b. Total Impervious Surfaces, ac: 15.59 2.25 c. Pond Depth, feet: 5.00 4.00 d. TSS removal efficiency: 90% 90% e. Design Storm: 1" 1" f. Permanent Pool Elevation, FMSL: 5.00 5.00 g. Permitted Surface Area @PP, ft2: 65,778 19,676 h. Permitted Storage Volume, ft3: 72,971 11,803 i. Storage Elevation, FMSL: 6.07 5.58 j. Controlling Orifice: 4.50" 2.125"0 pipe k. Permanent Pool Volume, ft3: 221,711 47,243 I. Forebay Volume, ft3: 42,346 9,735 m. Receiving Stream 1 River Basin: Charles Creek 1 Pasquotank n. Stream Index Number: 30-3-11 o. Classification of Water Body: "C; Sw" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage. f� Wije ; (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 lot owner of the responsibility to maintain compliance with the permitted-BUA limit. Page 3 of 7 I I State Stormwater Management Systems Permit No. SW7060410 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 Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. 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. This permit shall be effective from the date of issuance until May 8, 2020. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 7 State Stormwater Management Systems Permit No. SW7060410 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number 5W7060410, as issued by the Division of Water Quality 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 7,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. 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. 14. 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. 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.wili be required. Page 5 of 7 State Stormwater Management Systems Permit No. SW7060410 C ; 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 optimum efficiency. 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. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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. Ill. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DEMLR. The approval of this request will he considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of -this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 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. Page 6 of 7 Skate Stormwater Management Systems Permit No. SW7060410 6. The permit may be modified, revoked and reissued or terminated for caup. The filing of a request for a permit modification, revocation and reissuance or.' termination does not stay any permit condition. 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 notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on fife by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 21st day'of May, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit Number SW7060410 Page 7 of 7 is 6 w 1110(, -,<a Mod All R7- CFIVED NCDENR FEB 2 5 2013 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins a i=rtefii Governor Director Li v. Q�Scta� STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW7060410 2. Project Name: Perkins Estates 3. Current Permit Holder's Company Name/Organization: Down East Developers of NC, LLC 4. Signing Official's Name: Phillip W. Harrington Title: Managing Member 5. Mailing Address: P. O. Box 2232 City: State: NC Zip: 27906 6. Phone: ( 252 ) 335-4520 Fax:( 252 ) 338-7656 II. PROPOSED PERMITTEE 1 OWNER 1 PROJECT 1 ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) 0 Change in ownership of the property/company (Please complete Items 1, ❑ Mailing address 1 phone number change. (Please complete Item 4 below) ❑ Other (please explain): 2, 3, and 4 below) 1. Proposed permittee's company namelorganization:Perkins Estates Property Owner's Association, Inc. 2. Proposed permittee's signing official's name: Troy Meads 3. Proposed permittee's title: President 4. Mailing Address: 1700 Darian Drive City: Elizabeth City State: NC: Zip: 27909 Phone: ( 252—) �3a52- 90o Fax: 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: ® HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on Page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Revl5Feb2011 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. zTKis certification must be completed and`signed by boththe current permit holder and the new appiicant if this is a. change.of ownerships - M 2. Legal documentation of the property transfer to a new owner. _ 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. l understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ® Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, Phillip W- Harrington, Managjng Member , the current permittee, am submitting this application for a transfer of ownership for permit # SVV 060410 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: ��. ,.,,._ _ Date: J Z6-/z I, g1,�(ja Pt.. &.1) e4 Ja r , a Notary Public for the State of 3 ✓ 4�yQh 4 Q, County of do hereby certify that i personally appeared before me this the 4 day of , 2017_ , and acknowledge the due execution of the forg 'ng instrumen . W'tness m hand and official seal, pp.'(hlota eal) Notary Signature PU SLIC SSW N/O Change Rev15Feb2011 Page 2 of 4'c;^;�t;\�� V. PROPOSED PER MITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) (,__Troy A4Qads , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP VXny recorded deed restrictions, covenants, or easements jhe DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: /� ff Date: 3- I, 1C C� r t d r /ny , a Notary Public for the State of o+� , County of do hereby certify that D U eads _ personally appeared before me this the 2ra day of _ ayr_20 and acknowledge the due execution of the forgoing instrument. Witness my hand and official a +�•=�`�F,o' G_ NOTARY � otary Seal) Notary Signature PUBLIC *4 AF "�11MptStSitY<<l` Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev151=eb2011 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization:. Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: 20 I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner v 4 Date: J Z6-/ Z , a Notary Public for the State of County of a MdW , do hereby certify that -7-rov VcAds personally appeared before me this the 16 f day of A)arGh __ , 20 / Z , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, &C& W. &OZL (Notary Seal) Notary Signature vi CA(,p N NOTARY s �0 PuBLtC ghyjcisti��'���+`a ���+Hntut�►`'' SSW N/O Change Revl 5Feb2011 Page 4 of 4 o�z� %_ "Ifl��flIIB1 This document presented and filed: 091160011 11:48:56 AM JOYCE W. PRITCHARD, Pasquotank County, NC Excise Tax: $0.00 PASQUOTANK COUNTY Deed ttn1 of it „/(- 7k z- T tnsrer tax f : -- a be8agaent to _ ! �' Pasgvotank County Assessors Office RX M`0 F Q1 V E D FF8 2 5 2013 NORTH CAROLINA GENERAL WARRANTY DEED DWQ-WARO Excise Tax: $ Parcel Identifier No.: Verified by _ Pasquotank County on this the _ day of _ . 2o11 By: 9 l)_ 9toq 395 P34 Mail/Box to: ne. Twiford law Firm, P.C., Post Office Box 99, Elizabeth City, NC 27907-0099 This instrument was prepared by: David R. Pureza, Attorney At Law (No Title Work Requested or Performed) Brief description for the Index: "OPEN SPACE # 1" and "OPEN SPACE #2", Perkins Estates, Phase 1 THIS DEED made this e; day of August, 2011, by and between: GRANTOR GRANTEE PERKINS LANE, LLC, A North Carolina limited liability company Post Office Box 2232 Elizabeth City, NC 27906-2232 PERKINS ESTATES PROPERTY OWNERS" ASSOCIATION, a North Carolina nonprofit corporation Post Office Box 2232 Elizabeth City, NC 27906-2232 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Elizabeth City, Nixonton Township, Pasquotank County, North Carolina and more particularly described as follows: All those certain tracts, lots or parcels of land described, delineated and designated as "OPEN SPACE #r COMMON AREA/STORMWATER FACILITY # 1 AREA i15,912 SF 2.66 AC." and " OPEN SPACE #2 COMMON AREA/STORMWATER FACILITY #2 AREA 55,497 SF 1.27 AC." on that certain map or plat entitled, `FINAL PLAT OF PERKINS ESTATE - PHASE 1", as prepared by Edward T. Hyman, Jr., Professional land Surveyor, dated April 27, 2011, and recorded in Map Book 54, Pages 15 through 19 of the Pasquotank County Registry. NOTE: PERKINS LANE, LCC, is successor in interest to DOWN EAST DEVELOPERS, LLC, pursuant to ARTICLES OF M ERGER duly filed with the Office of the North Carolina Secretary of State on December 27, 2007. The property hereinabove described was acquired by instrument recorded in Book 884, Page 657. All or a portion of the property herein conveyed —includes or _ X does not include the primary residence of Grantor. A map showing the above -described property is recorded in Map Book 54, Pages 15 through 19. NC Bar Association Form No. 3C 1976, Revised® 1/112010 Printed by AWcmcnt with be NC Bar Association BK 1120 PG 571 DOC#4081 fit TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against all lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: Easements and Restrictions of record as may appear. IN TESTIMONY WHEREOF, this instrument has been dulyexecuted by Lender under seal in the manner prescribed bylaw, this day and year first above written. PERKINS LANE, LLC, A North Carolina Limited Liability Company &/,' %/ _ (SEAL) BY: Phillip W. Harrington, Manager STATE OF NORTH CAROLINA, COUNTY OF PASQUOTANK 1, a Notary Public of the County and State aforesaid, certify that Phillip W. Harrington, Manger of PERKINS LANE, LLC, a North Carolina Limited Liability Company, personally appeared before me this IN day of August, 2011 and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my band and official sea]/stamp this -� day of August,2o11. „µ7ul Itllifff, Q R. jf Co. `' B ota ublic ( V�LIG �: s ;41J9 fHfl 1 Fl 1 My Commission Expires: NC 8v Association Form No. 30 1976, Reriscdo IIIt2o I o Printed by Agreement with the NC gar Association r�Fi;FIvED FEB252013 BYLAWS OF PERKINS ESTATES PROPERTY OWNERS' ASSOCIA oNIWAR® ARTICLE I. BUSINESS ADDRESS The business address of PERKINS ESTATES PROPERTY OWNERS' ASSOCIATION, INC. (the "Association") shall be 170o Darian Drive, Elizabeth City, f :' North Carolina, 27909. The business address may be changed by the Board of Directors of the Association if required by the U.S. Postal Service, or, upon approval of the membership, for any other reason. ARTICLE II. MEMBERSHIP IN THE ASSOCIATION Every person or entity who is a record owner of a fee or undivided fee interest in any of the Lots in any phase of PERKINS ESTATES ("the Subdivision"), located in Pasquotank County, North Carolina, shall be a member of the Association. Ownership of such interest shall be the sole qualification for membership, and membership shall be appurtenant to and may not be separated from such ownership. ARTICLE III. PURPOSES OF THE ASSOCIATION The purposes and duties of the Association shall be: A. To manage the Subdivision pursuant to the terms and provisions of Article 3 of Chapter 47F of the North Carolina General Statutes, these Bylaws, any Rules and Regulations promulgated by the Association or its Board of Directors and that DECLARATION OF RESTRICTIVE COVENANTS FOR PERKINS ESTATES — PHASE I of record at Book 1117, Page 489, Pasquotank County Registry, as the same may be amended from time to time ("the Declaration"); B. To enforce the provisions of these Bylaws, the Declaration, and any Rules and Regulations promulgated by the Association or its Board of Directors; C. To promote and protect the enjoyment and beneficial use and ownership of all of the Lots of the Subdivision ("the Lots"). No part of the net earnings of the Association shall inure to the benefit of its members, the members of its Board of Directors or its officers, or to any other person, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the above -stated purposes. ARTICLE IV. ASSESSMENTS The Association shall make and collect assessments against the Lots as stated in the Declaration and as provided in Chapter 47F of the North Carolina General Statutes. ARTICLE V. MEETINGS OF MEMBERS Section 1. Place of Meetings. All meetings of members shall be held at such place in Pasquotank County, North Carolina, as shall be designated on the notice of the meeting or agreed upon by a majority of the members entitled to vote thereat. Section 2. Annual Meetings. The annual meeting of the members shall be held during the last seven (7) days of 0C,+oJCr of each year on any day during that period (except a legal holiday) as determined by the Board of Directors, for the following purposes: 1. to ratify or reject the summary of the proposed budget submitted by the Board of Directors pursuant to Article VI below; 2. to elect the Board of Directors of the Association (subject to the provisions of the Declaration) for the coming fiscal year; and 3. to transact any other business that may come before the membership, including but not limited to the adoption, modification and/or repeal of any Rules and Regulations governing the Subdivision. Section 3. Substitute Annual Meeting. If the annual meeting shall not be held on the day designated by these Bylaws, a substitute annual meeting may be called in accordance with the provisions of Section 4 of this Article V. A meeting so called shall be designated and treated for all purposes as the annual meeting. Section 4. Special Meetings. Special meetings of the members may be called at any time by the President or the Board of Directors of the Association, or upon the written request of not less than twenty percent (20%) of the members. Section 5. Notice_ of Meetings. Written notice of the meeting shall be delivered not less than ten nor more than fifty days before the date of any members' meeting, either personally or by mail, by or at the direction of the President, the Secretary, or other person calling the meeting, to each member of record. The notice shall state the time and place of the meeting and shall also state the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes and any proposal to remove an Officer/Director. If mailed, such shall be deemed to be delivered when deposited in the United States Mail, addressed to the member at his/her address as it appears on the record of members of the Association, with postage thereon prepaid. It shall be the responsibility of the individual members to keep the Secretary informed of their current addresses. In the absence of instructions from an individual member as to his/her address, the Secretary shall be entitled to rely on the most recent records of the Pasquotank County Tax Collector to determine the addresses of the owner(s) of a Lot. The notice of meeting must state the time and place of the meeting and all items on the agenda for the meeting. When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. When a meeting is adjourned for less than thirty days in any one adjournment, it is not necessary to give any notice of the adjourned meeting other than by announcement at the meeting at which the adjournment is taken. Section 6. Voting Rights. On matters of the Association's business submitted to vote of the membership, there shall be one (1) vote per Lot, regardless of the number of owners of a Lot. There shall be no requirement of a quorum for submitting any matter to a vote at any Annual Meeting or Substitute Annual Meeting properly called and convened pursuant to these Bylaws. At any special meeting of members, twenty percent (20%) of the Lots (represented either in person or by proxy) shall constitute a quorum for the purposes of submitting any matter to a vote. Except as otherwise provided by the Declaration, Chapter 47F of the North Carolina General Statutes, or these Bylaws, all matters submitted to a vote at any meeting held in accordance with these Bylaws shall be decided by a simple majority of the total votes cast. Section 7. Voting by Prox. Votes may be cast either in person or by one or more agents authorized by a dated, written proxy executed by the member or his/her attorney -in -fact. A proxy terminates one year after its date, unless it specifies a shorter term. Any form of proxy which is sufficient in law may be used, but the following form of proxy shall be deemed sufficient: The undersigned hereby irrevocably constitute and appoint their attorney -in - fact and proxy for the sole purpose of casting the vote allocated to Lot , on all matters submitted to vote at that meeting of the PERKINS ESTATES PROPERTY OWNERS' ASSOCIATION, INC., to be held on The undersigned hereby ratify and confirm all such votes cast on behalf of said Lot at that meeting, and certify that they are fully authorized to execute this instrument of proxy on behalf of all owners of any fee interest in said Lot. This the day of , Signature of Lot Owners Section 8. Voting List. At least ten days before each meeting of members, the Secretary of the Association shall prepare an alphabetical list of the members entitled to vote at such meeting or any adjournment thereof, with the address of each, which list shall be kept on file with the book of records of the Association. This list shall be produced and kept open at the time and place of the meeting and shall be subject to inspection by any members during the whole time of the meeting. Section g. Waiver of Notice. Any member may waive notice of any meeting. The attendance by a member at a meeting shall constitute a waiver of notice of such meeting, except where a member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. ARTICLE VI. BOARD OF DIRECTORS Section 1. Purpose, Number and Term of Office. The business and affairs of the Association shall be managed by a Board of Directors of three (3) individuals, who shall be entitled to act on behalf of the Association. The Board of Directors shall initially consist of the initial members of the Board of Directors as named in the Articles of Incorporation of the Association. Subsequently, the Board of Directors shall be appointed by the Declarant until such time as the period of Declarant control of the Association has terminated pursuant to the provisions of the Declaration. At the first meeting of the membership of the Association following the termination of the period of Declarant control of the Association, the members of the Board of Directors shall be elected by the membership of the Association and those persons who receive the highest number of votes at a meeting at which a quorum is present shall be elected. Each member of the Board of Directors shall hold office until his/her death, disability, resignation or removal, or until the expiration of his/her term and the election of his/her successor. All Directors elected by the membership of the Association must be Lot owners. Section 2. Powers and Duties. The Board of Directors shall have the power and the duty to act on behalf of the Association in all instances, except that the Board may not amend the Declaration, elect members of the Board (except to fill any vacancy in its membership for the unexpired portion of a term) or determine the qualifications, powers, duties or terms of office of members of the Board. In addition the Board of Directors shall have the following specific powers, duties and responsibilities: A. The Board will keep a complete record of all of its acts and all affairs of the Association and make the same reasonably available for examination by any member, his agents or mortgagees. B. The Board will adopt a proposed budget for the Association to be approved or rejected by the membership of the Association at its Annual Meeting. The proposed budget shall be adopted at a meeting of the Board to be held not more than sixty (bo) days before the Annual Meeting of the membership of the Association. A summary of the proposed budget, including the amount of any proposed assessments against the Lots, shall be mailed to the membership not more than fourteen (14) nor less than thirty (3o) days after the adoption of the proposed budget. The proposed budget shall be deemed ratified unless at the meeting more than fifty percent (,o%) of the Lots existing at that time vote to reject it. In the event the proposed budget is rejected, the periodic budget last ratified shall be continued until such time as the membership ratifies a budget subsequently proposed by the Board of Directors. C. The Board may fine any Lot owner as amount not to exceed One Hundred Fifty Dollars ($150.00) for any single violation of the Declaration, these Bylaws or any Rules and Regulations. promulgated by the Board. In such event, the Board shall provide the Lot owner fined an opportunity to be heard before an Adjudicatory Panel to be appointed by the Board pursuant to Article X below. Multiple fines may be assessed against any Lot owner for multiple violations. Any such fines shall be deemed assessments against the Lot of such owner, and shall be collectable as provided in the Declaration. D. The Board may contract a management agent to perform and execute such duties, functions and responsibilities of the Board as the Board may deem appropriate; however, no such contract shall relieve the Board from its fiduciary duty to the Association. Notwithstanding any other provision herein, the Board of Directors is authorized, on behalf of the Association, to submit any dispute with or claim against the owner(s) of any Lot(s) to voluntary arbitration pursuant to any arbitration program then in effect in the General Court of Justice of Pasquotank County, North Carolina. Section 3. Removal of Directors. Any director may be removed at any time with or without cause by a vote of at least sixty-seven percent (67%) of all persons present and entitled to vote at any meeting of the membership of the Association at which a quorum is present. However, directors who are appointed by the Declarant may only be removed by the Declarant. Section 4. Vacancies. In the event of the death, disability, resignation or removal of a director, his/her successor shall be selected and appointed by the remaining members of the Board of Directors to serve until the next meeting of the membership of the Association or until a successor is appointed by the Declarant if such vacancy is the result of the death, disability, resignation or removal of an initial director or a director who was appointed by the Declarant. ARTICLE VII. MEETINGS OF THE BOARD OF DIRECTORS Section 1. Called Meetings. Meetings of the Board of Directors may be called by or at the request of the President or any two directors. Section 2. Notice of Meeting. The person or persons calling a meeting of the Board of Directors shall, at least ten (io) days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called. Section 3. Waiver of Notice. Any member of the Board of Directors may waive notice of any meeting. The attendance by a member of the Board of Directors at a meeting shall constitute a waiver of notice of such meeting, except where a member of the Board of Directors attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Section 4. Quorum. A majority of the number of the members of the Board of Directors fixed by these Bylaws shall constitute a quorum for the transaction of business at any meeting of the members of the Board of Directors. Section S. Manner of Acting. Except as otherwise provided in these Bylaws, the act of the majority of the members of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. Section 6. Informal Action by Members of the Board of Directors. Action taken by a majority of the members of the Board of Directors without a meeting is nevertheless Board action if written consent to the action in question is signed by all of the members of the Board of Directors and filed in the book of records of the Association, whether done before or after the action so taken. Section 7. Committees of the Board. The Board of Directors may establish either standing or ad hoc committees of the members to assist it in its work. Such committees shall be chaired by a member of the Board of Directors. ARTICLE VIII OFFICERS Section i. Designation. The officers of the Association shall consist of a President, a Vice President, a Secretary, and a Treasurer, and such other officers as the membership may from time to time elect. The offices of Secretary and Treasurer may be held by the same person; otherwise, no two offices may be held by the same person. Section 2. Election and Term. The initial officers of the Association shall be elected by the initial members of the Board of Directors of the Association. Subsequently, the officers of the Association shall be appointed by the Board of Directors. Members of the Board shall be eligible for appointment to serve as officers of the Association. The officers shall be appointed to one-year terms, and each officer shall hold office until his/her death, disability, resignation or removal, or until the expiration of his/her term and the appointment of his/her successor. Section 3. President. The President shall be the principal executive officer of the Association and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the Association. He/she shall, when present, preside at all meetings of the members. He/she shall sign, with the Secretary, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent of the Association, or shall be required by law to be otherwise signed or executed; and in general he/she shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. The President, together with the Secretary, shall execute any amendments to the Declaration approved by the membership of the Association. Section 4. Vice President. In the absence of the President or in the event of his/her death, inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President, and shall perform such other duties as from time to time may be assigned to him/her by the President or the Board of Directors. Section S. Secretary. The Secretary shall: (a) keep minutes of the meetings of members, of the Board of Directors and of all Executive Committees in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents the execution of which on behalf of the Association under its seal is duly authorized; (d) be authorized to certify and oversee the recordation of amendments to the Declaration on behalf of the Association; (e) keep a register of the post office address of each member which shall be furnished to the Secretary by such member; and (f) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. Section 6. Treasurer. The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the Association; (b) receive and give receipts for moneys due and payable to the Association from any source whatsoever, and deposit all such moneys in the name of the Association in such depositories as shall be selected in accordance with the provisions of Section 4 of Article IX of these Bylaws; (c) prepare, execute and deliver certificates of Assessments as provided by the Declaration; and (d) in general perform all of the duties incident to the office of treasurer and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. ARTICLE IX. CONTRACTS, LOANS, CHECKS, AND DEPOSITS Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on the behalf of the Association, and such authority may be general or confined to specific instances. Section 2. Loans. No loans shall be contracted on behalf of the Association and no evidence of indebtedness shall be issued in its name unless authorized by the Board of Directors. Such authority may be general or confined to specific instances. Section 3. Checks and Drafts. All checks, drafts or other orders for the payment of money, issued in the name of the Association, shall be signed by the President or the Treasurer of the Association. Section 4. Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such depositories as the Board of Directors may select. ARTICLE X ADJUDICATORY PANEL Section 1. Appointment of Adjudicatory Panel. The Board of Directors shall, not less than annually, appoint an Adjudicatory Panel of five (5) individuals, all of whom shall be residents of the subdivision. Members of the Board shall be eligible to serve as members of the Adjudicatory Panel. Members of the Panel shall be appointed to one- year terms, and each member shall sit until his/her death, disability, resignation or removal, or until the expiration of his/her term and the appointment of his/her successor. Section 2. Hearings. In the event that a fine is assessed against a Lot owner by the Board of Directors pursuant to Subsection 2(C) Article VI above, the Adjudicatory Panel shall provide to the Lot owner so fined notice of the violation and an opportunity to be heard regarding the alleged violation and the assessed fine. If within ten (1o) days of receipt of the notice the Lot owner requests in writing a hearing, the Adjudicatory Panel shall hear the matter within twenty (20) days of the date of the written request. Three (3) members of the Panel shall constitute a quorum for the purpose of conducting a hearing. Following such a hearing, the Adjudicatory Panel shall confirm, deny or modify the fine imposed by the Board and shall notify the Lot owner of its decision. The decision of the Panel with regard to the fine shall be final. ARTICLE XI. INDEMNIFICATION Any person who at any time serves or has served as an officer, member of the Board of Directors and/or member of the Adjudicatory Panel of the Association shall have a right to be indemnified by the Association to the fullest extent permitted by law against (a) reasonable expenses, including attorneys' fees, incurred by him/her in connection with any threatened, pending, or completed civil, criminal, administrative, investigative, or arbitrative action, suit, or proceeding (and any appeal therein), whether or not brought by or on behalf of the Association, seeking to hold him/her liable by reason of the fact that he/she is or was acting in such capacity, and (b) reasonable payments made by him/her in satisfaction of any judgment, money decree, fine, penalty or settlement for which he/she may have become liable in any such action, suit or proceeding. Upon request for payment, the President of the Association shall promptly call a special meeting of the Board of Directors to obtain approval to pay the indemnification required by this bylaw. Such approval may be general or confined to specific instances, and shall not be unreasonably withheld. Upon approval by the Board of Directors, the President shall promptly cause the indemnification to be paid to the requesting party. Any person who at any time after the adoption of this bylaw serves or has served as an officer, member of the Board of Directors and/or member of the Adjudicatory Panel of the Association shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this bylaw. ARTICLE XII. DISSOLUTION In the event of dissolution of the Association, the residual assets of the Association will be distributed to a nonprofit organization with purposes similar to those of the Association, or to any other organization eligible under the provisions of Chapter 55A of the General Statutes of North Carolina. However, in no event shall the residual assets of the Association be distributed in a fashion that terminates the Association's exempt status, if any, under the Internal Revenue Code of 1986 or any corresponding sections or provisions of any future United States Internal Revenue law. ARTICLE XIII. GENERAL PROVISIONS Section 1. Seal. The corporate seal of the Association shall consist of two concentric circles between which is the name of the Association and in the center of which is inscribed SEAL; and such seal, as impressed on the margin hereof, is hereby adopted as the corporate seal of the Association. Section 2. Fiscal Year. The fiscal year of the Association shall be 1 through 31. Section 3. Amendments. Following the termination of the initial period of Declarant control provided for in the Declaration, the members of the Association may amend these Bylaws, repeal these Bylaws and/or adopt new Bylaws by the vote of at least sixty-seven percent (67%) of all existing Lots at any meeting of the membership of the Association properly held and conducted pursuant to Article V above. Section 4. Conflicts. In the event of any conflict between the terms and provisions of these Bylaws and the terms and provisions of the Declaration, the terms and provisions of the Declaration shall control. Section 5. References to Statutes. All references herein to any statutory provision shall be construed to include and apply to any subsequent amendments to or replacements of such provisions. The foregoing instrument is hereby approved, accepted and adopted by the undersigned as the Bylaws of PERKINS ESTATES PROPERTY OWNERS' ASSOCIATION, INC. In witness whereof, the initial members of the Board of Directors of the Association have set their hands and seals, effective the 20 day of MaILA , zoi L . (SEAL) TROY MEAD LA _ (SEAL) CHRIS MEADS "AAk (SEAL) DARIAN MEADS This document presented and filed: 0allGR011 04',01:49 PM JOYCE W. PRITCRARD. Pasquotank County, NC Excise Tax: S201.00 PASQUOTANK COUNTY Dead tttmmbw - (, 71 711ander to r b o- . o +] ew Deed bX I 0 - A�.gtwtaok aaagr e..e.Nr. omo. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: S201.00 Parcel Identifier No. Out Of Q92z o6toaz Verified by _ Pasquotank County on this the ^ day of , 2oit By: Mail/Box to: David R. Pureza. Attorney At Law. P.Y. Boxg4. Elizabeth City, NC 22cz07-o0gg This instrument was prepared by: David R. Purera, Attorney At law (No Tj Word aeaun ested_or Performed) Brief description for the Index: Perkins Lane, 20,as Acres, Nixonton TownsWR THIS DEED made this end day of August, 2011, by and between: GRANTOR GRANTEE PERKINS LANE, LLC Gilbert R.'Baccus and wife, a North Carolina limited liability company, Sybil H. Baccus P. O. Box 2232 626 Swing Gate Road Elizabeth City, NC 27909 Hertford, NC 27944 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in The City of Elizabeth City, Nixonton Township, Pasquotank County, North Carolina and more particularly described as follows: Being all that certain tract or parcel of land as shown and designated as "2o.o3 ACRES", on that certain map or plat prepared by Edward T. Hyman, Jr., Professional Land Surveyor, dated April 9, 2oii entitled in art, "BOUNDARY PLAT PHASE II FOR PERKINS LANE, LLC" as recorded in Map Book 7 � , Page I of the Pasquotank County Registry. The property hereinabove described was acquired by instrument recorded in Book 895, Page 313. All or a portion of the property herein conveyed _ includes or —2L_ does not include the primary residence of a Grantor. A map showing the above -described property is recorded in Map Book 5 `1 , Page _.2 1 . NC Bar Association Farm No. 3 0 1976, Revised 0 11t12910 Printed by Agreement with the NC Bar Association R 'k-17 02, F_ ! V E D FEB 2 5 2013 GvvQ-WARO BK 1118 PG 165 DOC#407714 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrences, and that Granrtor will warrant and defend the title against the lawful claims�of all persons whomsoever except for the exceptions hereinafteF staLeil, Easements antl Restrictions of record as may appear. Ad Valorem taxes for zoei IN TESnMONY WHEREOF, this instrument has been dulyexecuted by Lender under seal in the manner prescribed by law, this day and year first above written. PERKINS LANE, L.LC A North Carolina Limited Liability Company (SEAL) BY: Phillip W. Harrin on, Manager STATE OF NORTH CAROLINA, COUNTY OF PASQUOTANK I, a Notary Public of the County and State aforesaid, certify that Phillip W. Harrington, Manager of Perkins Lane, LLC, a North Carolina Limited Liability Company, personally appeared before me this, day of August, 2011 and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my ha�dwAj vial seal/stamp this lz noc day of �. soii. f11Ak11 a Z _O �= o�G . z ary Public (A •.O!/r>r: ��c EGG..• My Commission Expires: f ozlq/oZ 0 NC Bar Association Form No, 30 1976, Rcviscd® 111/2010 Primlcd by Agmrrcni with the NC Bar Association • a°o° "1u�a�i1iiu=' This document presented and filed: Gall&7011 04:53:26 PM �W.ajvtt�';- JOYCE W. PRITCHARD, Pasquotank County, NC Excise Tax: S2.050.00 PASQUOTANK COUNTY Deed numbw /l —!o'I_ J Trsadferttttl DellnqueM to f pm,itw4s," coyfiq Assume&Once NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 2,050.00 Parcel Identifier No. Out Of 842a o6soa2 Verified by— Pasquotank Countyon this the _ day of 2011 By Mail/Box to: G. Elvin Small. Attorney At Law, P. P. Box 69, Elizabeth City, NC 22407-0064 This instrument was prepared by: w (& Title Work Requested or Performed) Brief description for the index: Lots lthrough 4 & Lotsno through 81. Perkins Estates. Phase 1 THIS DEED made this end day of August, 2o11, by and between: GRANTOR GRANTEE PERKINS LANE, LLC Meads Home Builders, Inc. a North Carolina limited liability company, a North Carolina Corporation P. O. Box 2232 170o Darian Drive Elizabeth City, NC 27909 Elizabeth City, NC 27909 The designation Grantorand Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSEI'H, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in The City of Elizabeth City, Nixonton Township, Pasquotank County, North Carolina and more particularly described as follows: Being Lots 1 through g and Lots 50 through 81 as shown and designated on that certain map or plat entitled, "FINAL PLAT OF PERKINS ESTATR9- PHASE 1", AS PREPARED BY Edward T. Hyman, Professional Land Surveyor, dated September 15, 2008 and recorded in Map Book 54, Pages 15 through 1g of the Pasquotank County Registry. NOTE: PERKINS LANE, LCC, is successor in interest to DOWN EAST DEVELOPERS, LLC, pursuant to ARTICLES OF MERGER duly Sled with the Office of the North Carolina Secretary of State on December 27, 2007. The property hereinabove described was acquired by instrument recorded in Book 884, Page 657. All or a portion of the property herein conveyed_ includes or X_ does not include the primary residence of a Grantor. A map showing the above -described property is recorded in Map Book 54, Pages 15 through 1g. NC Bar Association Form No. 3 O 1976. Revised O 1/t/2010 Printed by Agrecmcnt with the NC Bar Association R E7 C'IVED F E 8 2 5 2013 Dvv4-waRo Elks r�- S L VI BK 1118 PG 187 DOC#407716 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that it is seized of the premises in fee simple has the right to convey the same in fee simple, that title is marketable and free of all encumbreneces, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Easements and Restrictions of record as may appear. Ad Valorem taxes for 2on INTES711MONY WHEREOF, this instrument has been duly executed by Lender under seal in the manner prescribed bylaw, this day and year first above written. PERIQNS LANE, LLC A North Carolina Limited liability Company (SEAL) BY: Phillip W. Harrin on, Manager STATE OF NORTH CAROLINA, COUNTY OF PASQUOTANK 1, a Notary Public of the County and State aforesaid, certify that Phillip W. Harrington, Manager of Perkins Lane, LLC, a North Carolina Limited Liability Company, personally appeared before me this day of August, 2011 and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand ajAMWO] seal/stamp this la—Ij day ofAugust,2oii. -44 % •0V f+ No Pub c (Affix seal) ? ~ 10 i J ••.'soua�r� My Commission Fxpires: a J NCBwAssociaxion Form No. 301976, RCViscdO Ili/20x0 Prinxcd by Ag=ritnl with xhc NC Bar Anociaxion 0�0� W A r�9QG O 'C Michael-F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 8, 2006 Mr. Phillip W. Harrington, Managing Member Down East Developers of NC, LLC PO Box 2232 Elizabeth City, NC 27906 Subject: Dear Mr. Harrington: Alan W. Klimek, P,E. Director Division of Water Quality Stormwater Permit No. SW7060410 Perkins Estates High.Density Subdivision Project Pasquotank County The Washington Regional Office received a complete Stormwater Management Permit Application for Perkins Estates on April 24, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7060410, dated May 8, 2006, for the construction of the project, Perkins Estates. This permit shall be effective from the date of issuance until May 8, 2016, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system 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 adjudicatary hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (252) 946-6481. Sincerely, L Al Hodge Regional Supervisor Surface Water Protection Section AH/sav: C:STORMWATERIPERMIT1SW7060410 cc: Sean Robey, PE Elizabeth City Building Inspections ,-Washington Regional Office Central Files North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Intemet: w%,,,w nm,%aterqualilvoe 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 W(A.--Ro None Caro �tirrai An Equal OppertunilylAffirmative Action Employer — 50% Recycledl10% Post Consumer Paper State Stormwater Management Systems Permit No. SW7060410 STATE OF NORTH CAROLINA . DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General'Statutes of North Carolina a's amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Down East Developers of NC, LLC Perkins Estates Pasquotank County FOR THE construction, operation and maintenance of 2 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans ,and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a park of this permit. This permit shall be effective from the date of issuance until May 8, 2016 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 82 lots, each allowed 7,000 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. Page 2 of 9 State Stormwater Management Systems Permit No. SW7060410 5. The following design elements have been permitted for these wet detention pond stormwater facilities, and must be provided in the systems at all times. Pond 1 Pond 2 a. Drainage'Area, acres: 36.36 6.30 b. Total Impervious Surfaces, ac: 15.59 2.25 c. Pond Depth, feet: 5.00 4.00 d. TSS removal efficiency: 90% 90% e. Design Storm: f. Permanent Pool Elevation, FMSL: 5.00 5.00 g. Permitted Surface Area @PP, ft2: 65,778 19,676 h. Permitted Storage Volume, ft3: 72,971 11,803 i. Storage Elevation, FMSL: 6.07 5.58 j. Controlling Orifice: 4.50" 2.125"0 pipe k. Permanent Pool Volume, ft3: 221,711 47,243 1. Fore bay Volume, ft3: 42,346 9,735 m. Receiving Stream 1 River Basin: Charles Creek 1 Pasquotank n. Stream Index Number: 30-3-11 o. Classification of Water Body: "C; Sw" Il. SCHEDULE OF COMPLIANCE 1. 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 of Water Quality, 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 lot owner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 9 State Stormwater Management Systems Permit No. SW7060410 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 Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. 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. This permit shall be effective from the date of issuance until May 8, 2016. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 9 State Stormwater Management Systems Permit No. SW7060410 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060410, as issued by the Division of Water Quality 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is 7,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. 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 swaies and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. Built -upon area in excess of the permitted amount will require a permit modification. 14. 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 stamptsignature of the Register of Deeds. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ 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. Page 5 of 9 State Stormwater Management Systems Permit No. SW7060410 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 optimum efficiency. 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 DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 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. Page 6 of 9 State Stormwater Management Systems Permit No. SW7060410 r 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 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. Permit issued this the 8th day of May, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION y L l l for Alan vv. KRmeK, F.t., Director. Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7060410 Page 7 of 9 State Stormwater Management Systems Permit No. SW7060410 Page 1 of 2 Perkins Estates Stormwater Permit No. SW7060410 Pas_auotank County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance.and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No. SW7060410 Page 2 of 2 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Washington Regional Office Elizabeth City Building Inspections Page 9 of 9 4IF` OFFICE USE ONLY Date Received Fee Paid Permit Number _ jl APR 2 4 2006 DWQ-WARO State of North Carolina i5VJAct�- q191-/0 Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM ' This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: City: Elizabeth City State: NC Zip: 2790.6 Telephone Number: ( 252 ? 3.3S-4520 — 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Location of Project (street address): City: -ElLzabeth City ICounty: Pasquotarik 6. Directions to project (from nearest major intersection): From intersection of _Hwy 34 & Peartree Road (SR 1101) . turn south on Peartree Road (SR 1101) travel 1 mile.Turn left onto Perkins Lane. Project is on right side about0.5 miles from SR 1101. 7. Latitude: 36 o 161 Longitude:_ 7 F o0 1- of project 8. Contact person who can answer questions about the project: Name: Sean R o h P_y_ Telephone Number: ( 2 5 2) 3 3 5 —1 PAR II. PERMIT INFORMATION: 1. Specify whether project is (check one): x New Renewal Modification Form S WU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number N7/ -n and its issue date (if known) N/A 3. Specify the type of project (check one): Low Density xHigh Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major xSedimentation/Erosion Control _404/401 Permit yNPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. — S a rill w_a t P r_ _W l 1 I b P r n I P C t A d I n s 5.7 a l e C-o d'e-r-q r o u n d drainage system will route runoff to one of two wet detention hag;ns - .. - . . • - to 2. Stormwater runoff from this project drains to the P a s q u o t a n k River basin. 3. Total Project Area: 42.66 acres 4. Project Built Upon Area: 41 - 8 2 % 5. How many drainage areas does the project have? 2 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Receiving Stream Class Drainage Area Existing Impervious* Area _ _ _ 0 _ Proposed Impervious*Area 15.59 AC 2.25 AC % Impervious* Area (total) 42.88 9k Impervious* Surface Area. Drainage Area 1 Drainage Area 2 On -site Buildings _ 0 _ On -site Streets 3.57 On -site Parking _ 0 _ _ 0 _ On -site Sidewalks 1.09 A Other on -site baSed r l t limit 10 . 9 3 AC 2. Off -site Total: 15-59 Le Total: * Impervious area is dellned as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? N/A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than 7,000 square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed In a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. I. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form 1P • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) P wy( • Detailed narrative description of stormwater treatment/management R V W • Two copies of plans and specifications, including: P W - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Hyman _k,_ Rcibey, PC Mailing Address: P Q R n x_ 3 3 9—. _ City: r a m d w n _ State: NC Zip: 27921 Phone:.(_ 2 i 2- ) 33 q— ,I° R R Fax: ( 2 5 2 38=b _5 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. Signature: W Date: Form SWU-101 Version 3.99 Page 4 of 4 Permit No. �w -70 0 o +I-D (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 be photocopied for use as an original DWQ 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 INFORMATION Project Name: Perkins Estates Contact Person: Phillip hI . Harrington_ Phone Number: (2 5 2 ) 3 3 5 — 4 5 2 0 For projects with multiple basins, specify which basin this worksheet applies to: 11 elevations Basin Bottom Elevation 0 ft. Permanent Pool Elevation S , 0_ ` ft. Temporary Pool Elevation ft. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area r, �, 7 :Z g sq. ft. (water surface area at the orifice elevation) Drainage Area 36.36 ac. (on -site and off -site drainage to the basin) Impervious Area 15. 9 g ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA I Diameter of Orifice Design Rainfall Design TSS Removal 2 221 , 711 cu. ft. (combined volume of main basin and forebay) 72 , 971 cu. ft. (volume detained above the permanent pool) 42 . 346 cu. ft. (approximately 20% of total volume) 3. 5 (surface area to drainage area ratio from DWQ table) 4.5 in. (2 to 5 day temporary pool draw -down required) 4 In. (10 year storm) 90 % (minimum 85% required) Form SWU-102 Rev 399 Page I of 4 Fnntnntac• ' 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 AA h 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. m. A mechanism is specified which will drain the basin for maintenance or an emergency. (Pu y`p) 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 01does not incorporate a vegetated filter at the outlet. This system (check one) @ does 0 does not incorporate pretreatment other than a forebay. Form SWU-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 3. 7 5 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fi1l in the blanks) Permanent Pool Elevation 5 . 0 Sediment Re al EI. ___________ Sediment Removal Elevation 1 - 2 5 75% Bottom Eteanon . 2 . 0 %-----�---------------�------------------_-------i------ FOREBAY Bottom Elevation 0 25010 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. Form SWU- 102 Rev 3.99 Page 3 of 4 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. Print name: Phillip W. Harrington Title: Managinq MPm hPr Address: PO Box 2232, Elizabeth City, NC 27906 Phone: 252-335-4520 Signature: 4l Date: 4 I / 2 ZQ G 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. zs. C.+Q]A"(- , a NotaryPublicfor the State of`CloC h C RI County of PCk5gUoA-rAf\IL do hereby certify that C � t k 1 i r c- N �a on personally appeared before me this day of C),Y 'k k _ ,�, and acknowledge the due It execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, WM II£ I OdQPEiI NOTlitt+f PUBLIC pN OOTMK COUNT% RC SEAL My commission expires 6 I � -6g Form SWU-102 Rev 3.99 Page 4 of 4 Permit No. S-W �Co D q` z) (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 be photocopied for use as an original DWQ 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 INFORMATION Project Name: Perkins Estates Contact Person: phillip w. Harrington Phone Number: ( 952) 335-4520 For projects with multiple basins, specify which basin this worksheet applies to: # 2 elevations Basin Bottom Elevation 1.0 ft. (floor of the basin) Permanent Pool Elevation 5.0 ft. (elevation of the orifice) Temporary Pool Elevation 5.58 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 19 , 676 sq. ft. Drainage Area 6.30 ac. Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA I Diameter of Orifice Design Rainfall Design TSS Removal 2 2.25 ac (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) 4.7 ._243_ cu. ft. (combined volume of main basin and forebay) 11 , 80 :1 cu. ft. (volume detained above the permanent pool) 9,735 cu. ft. (approximately 20% of total volume) 4. 3 % (surface area to drainage area ratio from DWQ table) 2. 125 in. (2 to 5 day temporary pool draw -down required) 5.4 in. ( 10 year storm) 90 _ % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 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. b. C. Udh d. e. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). The forebay volume is approximately equal to 20% of the basin volume. The temporary pool controls runoff from the design storm event. The temporary pool draws down in 2 to 5 days. 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: l 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. m. A mechanism is specified which will drain the basin for maintenance or an emergency. (eum>j 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 H does not incorporate a vegetated filter at the outlet. This system (check one) does 0 does not incorporate pretreatment other than a forebay. Form SWU-1o2 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. 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 3.0 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2 • 2 5 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM ill in the blanks) 0 Permanent Pool Elevation 5 . 0 Sediment R\Ele al El. 2 . 75 75 0 _____________ __ Sediment Removal Elevation 2 . 0 75% Bottomation 2. 0 qo---------------------------------------------125% ------ Bottom Elevation 1—r}_ 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. Form SWU-102 Rev 3.99 Page 3 of 4 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. Print name: Phillip W. Harrington Title: Managing Member Address: POBox 2232, Elizabeth City, NC 27906 Signature: Date: 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. 0-0c�Rr , a Notary Public for the State of County of G ri� , do hereby certify that r c-► n1 personally appeared before me this 1 ��� day of Qp1r_k\ L, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, NMIANK I CGM ROTARY PUBLIC PASNOWK C011N % RC SEAL 0 My commission expires 1p " I (� - �--A Form SWU-102 Rev 3.99 Page 4 of 4 Attachment to WET DETENTION BASIN SUPPLEMENT For Perkins Estates Detention Pond #1 e. Pond has been designed for 90% TSS removal. k. The pond is located on a parcel that will be owned and maintained by the property owners association. It will discharge directly into the NCDOT drainage system. An encroachment agreement has been filed with the DOT. Detention Pond #2 e. Pond has been designed for 90% TSS removal. k. The pond is located on a parcel that will be owned and maintained by the property owners association. It will discharge into an existing property line ditch that drains into the NCDOT drainage system. An encroachment agreement has been filed with the DOT. PROJECT DESCRIPTION APR 2 4 2006 Perkins Estates DWQ-WAR® Pasquotank County -- Elizabeth City - North Carolina GAprll I;L,S20116 Perkins Estates is a proposed 82 lot residential subdivision located on Perkins Lane, SR 1133. The tract contains 42.66 acres and is zoned R-15 (Residential 15,000 sf lots). Development of this subdivision will include constriction of approximately 5,565 If curb and guttered streets with sidewalks, water main, gravity sewer main, a sewer pump station, sewer force main, and two detention ponds. The streets will contribute 3.57 acres of impervious surface and (lie sidewalks will be another 1.09 acres. Coverage on each lot will be limited to 7,000 sf. The maximum coverage for the development is 17.84 acres or 41,82%. Due to the on -site soil types of Pasquotank and Wccksville and the seasonal high water table, wet detention is the most appropriate stormwater treatment method to use in this area. In addition to meeting state requirements for stormwater treatment, this site will comply with the City of Elizabeth City's Stormwater Ordinance. This ordinance requires that post devclopiiieut runoff not exceed pre development runoff during a 10 year storm event. Rational method analysis indicates a pre development peak runoff of 64.84 cfs. Tlie post development runoff for Drainage Area 1 is 58.18 cfs into Detention Pond #1 and a peak pond discharge of 22.37 cfs. The post development runoff for Drainage Area 2 is 13.61 cfs into Detention fond #2 and a peak pond discharge of 0.72 cfs. Based on these calculations, post development discharge during a 10 year storm will be 23.09 cfs. Drainage Area I contains 36.36 acres that are designed to drain to Detention Pond #1. This drainage area includes all of the roads and sidewalks. Jt includes all lots except 61-74 and a portion of lots 75 which drain to Detention Pond #2. The impervious area of 15.59 acres (42.88%) is based on the streets, sidewalks, and 7,000 sf for each lot. All of the roadway drainage will be collected in curb and gutter and an underground piping system. Runoff from the lots will sheet flow across grassed yards into rear lot line ditches with 3:1 side slopes and over the curb into the curb and gutter system. The rear lot line ditches are routed into the piped drainage system that drains to Detention fond M. Runoff from the rear portions of lots 6-11 will be allowed to sheet flow dir forebay of the pond. On lots adjacent to perimeter ditches that do not drain04, runoff from all impervious surfaces must be routed to a ditch that does draiior to the street. Detention Pond #1 has been designed for 90% TSS remov• E A L 10550 Drainage Area 2 contains 6.3 acres that are designed to drain to Detention Pond #2. This area includes only lots 61-74 and part of lot 75. The impervious area is based on the 7,000 sf of allowable built -upon area for each lot. The resulting impervious area is 2.25 acres or 35.71%. The runoff from lots 61-64 and 69-75 will be directed to swales adjacent to the pond. Lots 65-68 will be allowed to shect flow directly into the forebay of the pond. On lots 61, 74, and 75, which are adjacent to a perimeter ditch, runoff from all impervious surfaces must be routed to the ditch that is adjacent to the pond. Detention Pond #2 has been designed for 90%n TSS removal. Both ponds discharge (o the existing roadside ditch on Perkins Lane. This ditch drains down Perkins Lane to the intersection with Peartree Road (SR 1 101) where it crosses under Peartree Road. The ditch continues to parallel Peartree Road as it opens up and becomes Charles Creek. The total disturbed area for development will not exceed 45 acres. 'Phis includes the entire tract and (lie area within the NCDOT right-of-way adjacent to (lie property and approximately 300' west of the property. An encroachment agreement has been filed with the NCDOT to allow for ditch cleanout, connection to existing utilities, and discharge of the detention ponds into the right-of-way. sFgN A C. C IN/lm r i r r n0��`� Hyman & Rnhey. PC Consulting Engineers and Land Surveyors (252) 335-1888 Office (252) 338-2913 Office (252)338-5552 Fax April 20, 2006 Scott Vinson, Environmental Engineer Division of Water Quality -Surface Water Section Washington Regional Office 943 Washington Square Mall Washington, NC 27889 ����� Subject: Stormwater Management Permit APR 2 4 2006 Perkins Estates Project # 050847 DVVQ-WARD Dear Mr. Vinson: Enclosed for your review and approval, please find the following items: Two (2) copies of sheets 1, 2, 5 & 6 of the plans for the above referenced project. 2. The original and one copy of the Stormwater Exemption Application, Wet Detention Basin Supplements and attachments. Two (2) copies of the project description and calculations. 4. One copy of each deed for the property and printout from the NC Department of the Secretary of State website indicating the registered agent for the LLC. 5. A check in the amount of $4,000 for the required fee. If you have any questions, please do not hesitate to call this office at (252) 335-1888. cc: file Down East Developers Sincerely, Scan C. Robey, P.E. tmberly D. Hamby Project Manager P. 0. Box 339, Camden, NC 27921 Page 1 of 1 North Carolina Elaine F. Marshall D E FA R T M E N T 01= -r1 R Secretary znEC ETARY OF ::)TATE_ PO Box 29622 Ralei(jh, NC 27626-0622 {919'1807-2000 Corporations Date: 4/12/2006 °Corporations Home *Important Notice Click here to: *Corporate Forms/Fees View Document Filings i *Corporations FAQ d1 Print apre-populated Annual Report Form I Annual Report Count I Fil *Tobacco Manufacturers an Annual Report I "Dissolution Reports *Non -Profit Reports Corporation Names *Verify Certification Online Annual Reports Name Name Type KBBE B213 Annual Reports Links NC Down East Developers Legal 'Secretary Of State Home of NC, LLC *Register for E-Procurement Limited Liability Company Information ,,Dept. of Revenue Leaislation *1999 Senate Bills SOSID: 0809266 *2001 Bill Summaries Status: Current -Active •Annual Reports 1997 Date Formed: 10/24/2005 *Corporations 1997 *Other Legislation Citizenship: Domestic Search State of Inc.: NC *By Corporate Name Duration: Perpetual •For New Corporation *By Registered Agent Registered Agent Online Orders *Start An Order 'New Payment Procedures Agent dame: Harrington, Phillip W. Contact Us Registered Office Address: 760 Pitts Chapel Rd. *Corporations Division Elizabeth City NC 27909 *Secretary of State's web site Registered Mailing PO Box 2232 Print Address: Elizabeth City NC 27906-2232 *Printable Page Principal Office Address: 760 Pitts Chapel Rd. Elizabeth City NC 27909 Principal Mailing Address: PO Box 2232 Elizabeth City NC 27906-2232 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. �'_ .cam APR 2 4 20V http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=7844611 4/12/2006 Page 1 of 1 North Carolina 1r ' 1�i� 1�T of -n-IE Elaine F Marshall Secretary ECRETARY ol= STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Corporations *Corporations Home *Important Notice *Corporate Forms/Fees *Corporations FAQ •Tobacco Manufacturers *Dissolution Reports "Non -Profit Reports ,'Verify Certification ,,Online Annual Reports •KBBE 62B Annual Reports Links *Secretary Of State Home "Register for E-Procurement "Dept. of Revenue Leaislation 01999 Senate Bills 02001 Bill Summaries "Annual Reports 1997 *Corporations 1.997 *Other Legislation Search *By Corporate Name "For New Corporation *By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us "Corporations Division °Secretary of State's web site Print *Printable Page Date: 4/12/2006 Click here to: View Document Filings 1 Print apre-populated Annual Report Form l Annual Report Count I Fil an Annual Report I Corporation Names Name Name Type NC Perkins Lane, LLC Legal Limited Liability Company Information SOSID: 0805420 Status: Current -Active Date Formed: 9/30/2005 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Harrington, Phillip W. Registered Office Address: 760 Pitts Chapel Road Elizabeth City NC 27909 Registered Mailing Post Off ice Box 2232 Address: Elizabeth City NC 27906-2232 Principal Office Address: No Address Principal Mailing Address: No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. r,z'?, EC-,Z 9V ED APR 2 4 2006 DWQ-VVARO http://www.secretary.state.ne.us/corporations/Corp.aspx?Pitcmld =7830856 4/12/2006 NCDENR North Carolina Department of Environment and Natural Resources 943 Washington Square Mall, Washington NC 27889 (252) 946-6481 FAX (252)975-3715 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). Please include this with the application package upon submittal. Project application received after 12 noon will be stamped in the following workday. Thank you! Lyn Hardison lyn.hardison@ncmail.net APPLICANT Name Phi i 7 ii�i W_ H a r r i n Q 6 n n _ Company_ Down East Developers of NC, LLC Address PO Box 2232 City/State E1izabeth City, N1-- Zip 27906 Phone 252-335-4520 Fax Ema PROJECTName Perkins Estates County Pasquotank PROJECT LOCATION (ADDRESS) eR_, 1 1 -13 pA rk i n G r.a na ENGINEER/CONSULTANT sear C,. Rohey, PF Company Hyman _& Rnbey, PC� _. Address Pc) a,,,3_-iCity/State Zip 27 c, ? 1 Phone Fax 252-,338-5552 Email State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes ❑ No ❑ STREAM ORIGIN Determination; # of Stream calls; Stream Name ---------------------------------------------------------------------------- ----------------------------------------------------------------------------------------=-- ❑ STORMWATER ❑ Low Density ❑ High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site PROJECT SYSTEM(S) TRIBUTARY TO STREAM NAME RIVER BASIN -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑x LAND QUALITY ❑ Erosion and Sedimentation Control Plan with 45 acres to be disturbed. CK # L222' WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted CIRCLE YIN: 401 Application []Yes ❑ No 404 Application in Process w1USCOE ❑Yes ❑ No ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- The legislation allows additional fees, not to exceed 50/6 of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only CHECK # /fir' REC:EUVE:D SUBMITTAL DATES: Fee Split for multiple permits: SW 4-�-0 �_ $ _ r CAMA $ oe. �, APR 2 Q 2006 405$ i•33 3. 3 3 DWQ-WARD Total Fee Amount $��� BQ0K 964 PAGE 657 APR 2 4 2006 Dq`WARO rnsauoTANKcourarr peed nombor (?S r Z Transfer iax $ �iU�'u' tsa Issuod Nov 01 2006 pay uol ink Count N1C +800.00 FILE" in q - on NOW Npy 01 2 �t 1our tt Pasrtuotank Coullly Assessor's GIIICC 81rt. of Paequotenk grsaynrrour North Carolina County by. Go11'w -1- REGISTER OF DEEM .fir Real Estate Excias Tex NORTII CAItOLINA CENERAL WAI2l2AN'I'Y DEED Excise Tax: Farce] Identifier No?E1{jnj(p Verified by County on the _ day of 20_ 13 y: Mail/11oX to: Davia Pureza w e Twitord Low I rm This instrument was prepared by: II.T. Mull en, Jr. , Atty at Law Brief description for the Index: Tills DEED made (his3rd day of November 2005 by and between GRANTOR James Leroy Temlal.e and w[.fe, Robin Rl.dd Lc:k Temple GRANTEE Perlains Lane, G1.0 PO 13ox 2232 EJ-izabeth City, NG 27906 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include si:agular, plural, masculine, li ninine or neuter as required by context. WITNI:SSETI 1, (bat 1he Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby gcknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certahi lot orparcel of laud situated in the City ar Ni.xonton 'Township, Pasquotank Courrty,NorthCarolinaaudmare particularly described as follows: **See attached Exhibit A.*31 The properly ItereillabOVC described was acquired by Grantor by instrument recorded in Book _ A map showing the above described property is recorded in flat Book _ page NC Bar Association Form No. 3 0 1976, Revised 0 1977, 2002 Printed by Agreement with the NC Isar Association 1981 page James Williams & Co., lac. www.James Williarns.coat BOOK 884 PAGE 65B l-Atibit A Beginning at a flitch at the Trueblood Road and running along said road North 83-3/8' West 14.35 chains to a ditch at R. Koch's litre; thence along his line ditch South 10 %° West 15.50 chains to C. W. I lollowell's line; thence along said Hollowell's line South 62' Last 13.50 chains to the line of A. S. ;Morgan; (hence along his line North 15' Last 20.50 chains to the Place of beginning, containing 24.42 acres; and being the sane lands conveyed by W. A. Brock and wife by deed dated December 6, 1944 to .l. 11. Whaley, of record in the Pasquatank County Public Registry in Book 1 11, Page 530 and being the same lands conveyed byJ. 1-1. Whaley and wife by deed dated December 20, 1944 to .1. W. Culihlier and wife ofrccord in Book 1 11, Page 5414 of the I'asquolank County Public Registry; and being the sanne lands conveyed by J. W. Culipher and wife by deed dated August 15, 1946. Reference is made to Ilial Certain Dced recorded in Deed Book 341 at Page 311 of the Pasquotank Counly Public Registry. BOOK 681 PAGE 659 TO I I AV E AN1) TO I IOLD the atoresaid lot or parcel ofland and all privileges and appur(CnArCes therelo belonging to the Grantee in fee simple. And lire Grantor covenants will, tire Grantee, that Grantor is seized of the premises in fee simple, leas the right to convey the same in fee siniple, lhat title is utarketable and lice and clear ofall encttmbratices, and that Grantor will warrant and defend (lie title against tite lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHITEOV, the Gtaator has duly executed the foregoing as of the day and year first above written. (litttity Name) me Leroy empl.e Qn Fiy: 1 CQ '1'il lc: RobLti Ridd.Lck Tentpl.e IIy•, 'Fitic: 'I'ilie: Stale of -North Carolina - County of L'ascLoCank I, the undersigned Notary Public of the County and State aforesaid, certify that dames Leroy Temple and wl£e, Robi.n Ri.dd lck 'temple personally appeared before tie this day and acknowledged the due execution oftIle foregoing instrument for tl,e purposes therein expressed. Wimess myband and Notarial stamp or seal this=VA day of NOVent ber 2005 hiy Commission Expires: "� �C1 Z ' ~� •'9�� � �Y� ,: , '� i i�Qrq,,,,�,'�' Notary Public 1 Stale of North Carolina - County of A 9 LIG r, I, rile undersigned Notary Public of the. Cow dit .9"a .. a ertify that personally canic before ore this d❑y and acknowledge drat he is th `/► Oil�d� of n North Carolina or corporatioWlituited liabi mpany/general partnership/limited partnership (strike through the inapplicable), and that by aulhurily duly given and as the act of such entity, _ire signed the foregoing iuslrunwilt in its nralte ou its behalf as its let and deed. Witness Illy band and Notarial stamp or seal, this _ day of_ , 20_, A1y Commission Expires;_ Notary Public State of North Carolina - County of _ T 1, the undersigned Notary lloblic ufthe cowlty and Stalcaforesaid, certify drat W does- my hand and Notarial stamp or seal, this _ clay of 20—. My Commission Exllires:— _ Notary Public 'I be Foregoing Cettifrcate(s) of _ is/are celitied to be Correct. This instnlrnunt and this ceitificate are duly registered at the date uiid lime and in the Book and Page shown on the first pnge Hereof. Register of Feeds for _ County 13y: — Deputy/Assistant - Register of Deeds NC Bar Association ]corm No. 3 Q 1976, Revised 0 197I, 2UO2 Mlles Willunils & Co., Inc. Printed by Agreement with the NC Fiat Association 1981 www.,larllesWilliarlls.com i C�� FILEl7 In Pgs uotank County NC . li V Qn Jan 13 2006 It 01:13:50 PH by: Doflle J, Surnrnerour APR 2 4 2006 REGISTER OF DEEDS BOOK 895 PAGE 313 DWQ-WARD PASO UOTM11( COL111ly Issued Jan 13 2006 r7} ill 821.00 state of Pao quatank Deed number J Transfer tax $ North Carolina County {_,A) Fuel Estate Excite Tax plsgrld-" tame County Assessor'SO[ lice Excise Tax. $ Parcel Identifier No,: 8922063042 Prepared by: J. Fred Riley, Attorney Mail after recording to: David Pureza, The Twiford Law Firm, PO Box 99, Elizabeth City, NC 27907-0099 NORTH CAROLINA GENERAL. WARRANTY DEED THIS DEED iTiade this 121" day of January, 2006, by and between GRANTOR PERKINS LANE PARTNERSHIP, a North Carolina General Partnership GRANTEE DOWN EAST DEVELOPERS OF NC, LLC P. O. Box 2232 Elizabeth City, NC 27906-2232 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Nixonton Township, Pasquotank County, North Carolina and more particularly described as follows: BEGINNING AT A POINT" situated at file southern right of way lime of Perkins Lane (NCSR #1133), which beginning point is further situated at the northwest corner of the parcel of land that was conveyed to Steve Twine by Perkins t_ane Partnership under deed dated October 22, 2004 of record in Book 826 at Page 800 in the Pasquotank Registry, and running thence from said point of beginning along the western bank of a ditch South 25' 30' 35" West 212.99 feel to an existing iron rod, cornering; thence along the southern bank of a ditch South 77' 55' 38" East 208,71 feel to an existing iron rod, cornering; thence along the west side of a ditch which divides the property herein described from property of J. E. Owens heirs South 25' 29' 31" West 1,256.11 feet to an existing iron pipe at an old woven wire fence; thence along said old woven wire fence as follows: North 54' 54' 23" West 181.40 feet; North 53' 22' 46" West 110.38 feet; North 57' 29' 16" West 120.51 foot; North 58' 51' 20" West 123.07 feet; and North 58' 34' 21" West 1159.83 feet to an existing iron rod, cornering; thence along the center of a ditch which divides the property herein described from property now or formerly owned by Hilda P. Temple as follows: North 19' '18' 09" East 317.84 feet; North 18' 54' 14" East 294.27 feel; North 18' 47' 28" East 192.27 feet; North 19' 22' 15" East 109.55 feel; and North 18' 47' 09" East 19. 17 feet to a new iron rod in the center of an intersecting ditch, cornering; thence along the center of said last mentioned ditch which divides the property herein described from property now or formerly owned by Warroo D, Weeks and wile, Linda Jo Weeks, South 78' 51' 08" East 133.'15 feet to a new iron rod, cornering; thence along the center of another ditch North 25" 30' 52" East 250 feet to the southern right of way line of Perkins Lane: thence along the southern right of way line of Perkins Lane South 79' 07' 10" East 40,51 feet to a point; thence continuing along the southern line of Perkins -Lane Souih78' 32' 29" East 338.76 feet to a point; thence continuing along the southern right of way line of Perkins Lane South 78' 18' 59" East 95.47 feet to the POINT OF BEGINNING, containing 21,039 acres, more or less, and being the same property that is delineated on Mat entitled in part, "Boundary Survey for Down [cast Developemrs," prepared by I-1van & Robey, P.C., under dale of 01-10-06, which plat is recorded in Map' Book 1 at Page Q in the Pas(;uotank Registry, BOON' 895 PAGE 311 THIS DEED HAS BEEN EXECUTED AND DELIVERED AS PART OF ADEFERRED TAX-FREE EXCHANGE UNDER THE PROVISIONS OF §1031 OF THE IRC. The property hereinabove was acquired by Grantor by instrument recorded in Deed Book 674, Page 480 in the Pasquolank Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey lie same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1) The lien of 2006 Pasquotank County ad valorern taxes; and 2) All easements, restrictions and covenants of record and all governmental and zoning regulations affecting the same. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seat, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the clay and year first above written. PERKINS LANE PARTNERSHIP Phyll' . Kuszmar, Managing Geneca,021artner ACKNOWLEDGEMENT(S): tsE aNORTH CAROLINA,�)�` ��()YF1�JK COUNTY Oyys p J _, a Notary Public, certifythat PHYLLIS L. KUSZMAR personally carve t0 '. before me this day and acknowledged that she is the managing general partner of Perkins Lane b �+(jdi &" Partnership, a North Carolina General Partnership, and that by authority duly given and as the act of .� such entity, she signed the foregoing Instrument in its name on its behalf as its act and deed. Witness P� �� = my hand and official slantp or seal, this _ 1Z V\ day of _SowiA4 E� 2006, '•,��>'.•....••a'k,;,a' My commission expires:_.__Q:5jjI ej_05_.._� _I-L,./y -2a - o1fNrl • j1t& `'1, Notaf Public [1. uj AC04 A. -RDWE F:IU$Or SlR O1VEtDocumunls%C R BBBB