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SW8060150_HISTORICAL FILE_20090121 (2)
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO, SW W DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE z L YYYYMMDD Beverly EavCS Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment mid Natural Resources Coleen H. Sullins, Director Division of Water Quality January 21, 2009 CERTIFIED MAIL 7007 0220 0000 8222 7085 RETURN RECEIPT REQUESTED Mr. Vik Sikka Sikka Development Corporation 1027 Marshside Way Belville, NC 28451 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Summerwoods Subdivision Stormwater Project No. SW8 060150 Brunswick County Dear Mr. Sikka: On September 27, 2006, the Wilmington Regional Office issued a Stormwater Management Permit to you for Summerwoods Subdivision . Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. The required deed restriction statements can be found in Section 11.16 of the permit. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by February 21, 2009, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7215. Sincerely, Linda Lewis Environmental Engineer Ill GDS/arl: S:1WQSlSTORMWATERIDEEDREST1060150.jan09 cep Delaney Aycock, Brunswick County Inspections David Cox, Stormwater Inspections LWilmington-Re_gional=Office? Central Files Mailing Address Phone (910) 796-7215 Internet: www.newatermuality.org 127 Cardinal Drive Extension Fax (910) 350-2004 Customer Service 1-877-623-6748 Wilmington, NC 28405 �ne it C.lrolina Natlrra!!y An Equal OpporlunitylAHirmative Action Employer — 50% Recycled110% Post Consumer Pacer U.S. Postal Service,. Ul CERTIFIED RECEIPT , fDomestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at wvxw.usps.comn w� � Postage ru � r, Certified Fee 12 O a Return Receipt Fee 1 Sy arks V_1 O (Fndorsemt nt Required) �� ; 011 %Y Nere3.� r Restricted Delivery Fee [:j "(Endorsement Required) ru ru Total Postage &Fees $EZ1 3 � LA r,- sent To .------Yr-k--S' k2 St PO orPO,Apt' No" IvZ� l`-larshside UY� j3 Box No. -------------------------------------------- -----------------F -.................... ONState, ZIP+4 p pQy ale NC Zb¢ l PS Form f i :rr August 2006 See Reverse lor Insirucliora- Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 REJURi1 REQu aIIIIIIIIIIIIgIIIIiIIB81111N1111� RECEIPT „ oo, 0220 0000 8222 7023 Mr. Vik Sikka Sikka Development Corporation PO Box 7365 Wilmington, NC 26406 , CM 7a>? Ozzo cxx� 902zz -7095 © MINEY B4WF5 02 1 A $ 05. 320 0004337146 JUL18 2008 MAILED FROM ZIPCODE 28405 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen 11. Sullins Director Division of Water Quality July 17, 2008 CERTIFIED MAIL #7007 0220 0000 8222 7023 RETURN RECEIPT REQUESTED Mr. Vik Sikka Sikka Development Corporation PO Box 7365 Wilmington, NC 28406 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Summerwoods Subdivision Stormwater Project No. SW8 060150 Brunswick County Dear Mr. Sikka: On September 27, 2006, the Wilmington Regional Office issued a Stormwater Management Permit to you for Summerwoods Subdivision . Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. The required deed restriction statements can be found in Section 11.16 of the permit. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by August 17, 2008, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7215, Sincerely, 4e� Linda Lewis Environmental Engineer III ENB/arl: S:IWQSISTORMWATERIDEEDREST1060150.ju108 cc: Delaney Aycock, Brunswick County Inspections CWilmiFgton_Regional:Office Central Files 10% One NorthCarolina 1117aturtr!!il North Carolina Division of Wate r¢uatity 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet www,ncwaterqualirv.org Fax (910) 350-2004 1-877-623-6748 An Equal OpportunitylAtfirmative Action Employer— 50% Recycled110% Post Consumer Paper i� Postal iCERTIFIED MAILT. RECEIPT m (Domesticru Only,:. 0 r�_ For delivery information visit our website at www.usps.com& C�FpCI L USE i ti 1L Postage $ Z i CO © Certified Foe -Z 7 fl 0 Retum Receipt Fee (Endorsement Required) Z . Z� Postmark Here O Ream4 livery Fee {Endorsement Required} )GWOp� { O r u W Total Postage & Foes $ x7b Sent To (tj O © ----------- . Street, Apt. No.; / {I ...................................................... CIty,Stete,21P+4 �`/m'�9���Vrij� 71q'��! /Lf G.. '4rQ jp F Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 17, 2008 CERTIFIED MAIL #7007 0220 0000 8222 7023 RETURN RECEIPT REQUESTED Mr. Vik Sikka Sikka Development Corporation PO Box 7365 Wilmington, NC 28406 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Summerwoods Subdivision Stormwater Project No. SW8 060150 Brunswick County Dear Mr. Sikka: Coleen It. Sullins Director Division of Water Quality v �l EE On September 27, 2006, the Wilmington Regional Office issued a Stormwater Management Permit to you for Summerwoods Subdivision . Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. The required deed restriction statements can be found in Section 11.16 of the permit. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by August 17, 2008, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7215, Sincerely, Linda Lewis Environmental Engineer III ENB/arl: S:IWQSISTORMWATERIDEEDREST1060150.juI08 cc: Delaney Aycock, Brunswick County Inspections Wilmington Regional Office Central Files BY: FED 0 2 2009 One No thCarolina .Xaturally North Carolina Division of Water Quality 127 Cardinal Drive Fxtension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwatcrqualitv.ora Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper STATE OF NORTH CAROLINA �11I�IIIlillllfllllsler ll Y�� ��YV 07-53-2900 Rob N J, 73:66:29.007 If Deeds Robinson page 1 of !S Presenter C t Ret: 1 15Total�.^Rev In Ck$Ck Cash$ /` afund Cash 5 Finance Ins of document are i? t eg:ple duo to cortd+non 17 Documert corms seals vefifed by original %{�y j;•,;7 /( insW menl that cannot be mproduced or eopied��yy� DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FEB 0 2 2009 COUNTY OF 13RUNSWICK v FOR $U. MERWOODS, PHASE I y (C;��rl� BY: N_ �,diLCJ�SO VDo �. This Declaration, Made the 23 day of July; 1170,7.;1by VASE, LLC, hereinafter referred as "Declarant" or "Developer" for the purposes hereinafter stated: W ITNESSETI-I: Whereas, Declarant is ttie�owner of certain rca� f in Brunswick County, North r i !;' Carolina known as SUN'INIERWOODS;�whic s.sshown on�a plat recorded in the Office otthe Register of Deeds of Brunswick Col�tt'� t}�Jlvordi�arolinagin-MapBook 0,,LPage Ii) _,towhich reference is made for a more panic uEr descri'pito f(the Eroperty"). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following easements, restrictions, covenants, and conditions, r L>r'1 , DE 1N..� lTIOt`?S' SECTION 1. Additional Propert shall mean and refer to any lands which are now owned or may be hereafter acquired or developed by Declarant, in addition to the above described Property, and annexed to and made a part of the Planned Community (as hereinafter defined). --0 /\ & SECTION 2. Allocated Interest shall nien t1ve.Erbnimon Expense Liability and votes in the Association allocated to each Lot:l�J C1��JU I� Umlrr or ..m 4 SECTION 3. Association shall mean and referto Summerwoods Homeowners' Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4. Common Eli Lgcnts shall mean and ref'er,to'all lands and easements within or appurtenant to the Planned Communityowned by the'As"soiiatlon; other than a Lot, and intended for the common use and enjoyment q the'Gq;. `eirs iilcluding without limitation, pool (if any), clubhouse, any private roads and stO accr ret;nH�on goods wuhm the Planned Community or any property designated as "Common Area on the recorded mrtp(s) of the Property. SECTION 5. Common Expenses means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. SECTION 6. forn on Ex e se Liab'lit _mean}' theliability for Common Expenses allocated to each Lot as permitted 6 Act tlii r Clrara !bn n p y the �J Ll� e�or otherwise by law. -1_ Ant, , � �r I1fII�Il191 tI�C[l,lllll�y. l4llll llilll�� B.2646 bert J. a Deeds page z oi;g�t SECTION 7. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) and shall mean and refer to VASE, LLC, its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant or a Lot not previously disposed of for the purpose of development and reserves or succeeds tto any Special Declafarl't Right. SECTION 8. Declarations ]t rn an tht instru�rn�entas,;_i may be from time to time amended or supplemented. lJ IJ ' IJI���� SECTION 4. Executive Board shall be used interchangeably with the Board of Directors and means the body, regardless of name, designated in this Declaration or otherwise to act on behalf of the Association. SECTION 10. Lot(s} shi lfl mean and .refer; to aq} pfolrtion of the Planned Community designated for separate ownership v-a-L, O v ieC���� L�� U�� �ot�rr !���� SECTION 11. Lot Owner shall mean the'Declaraltfor other Person who owns a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 12. Person means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture,, povernment .govemmenta subdivision, or agency or other legal or commercial entity. I [ ��N SECTION 13, P nncd Com unr shal3'mea%tT SIR Property made a part of Planned Community by the exer ise•of any Special Declarant Right. SECTION 14. Purchaser means any Person, other than a Declarant or a Person in the business of selling real estate for the purchaser's own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a -leasehold interest (including renewal options) of less than 20 years, or (it) as ecuriry,f r� n�blgatiA •, � i'J: U , nn.�.� �rr,�, Ran SECTION 15. Reasona 1 l ttonle ees niE' atfnrneys' fees reasonably incurred without regard to any limitations on attorneys° f es (vHiill'ptherwise maybe allowed bylaw. SECTION 16. Special Declarant Rights means rights reserved for the benefit of a Declarant including without limitation the right (i) to complete improvements indicated on plats and plans filed with or referred to in this Declaration; (ii) to exercise any development right reserved to the Declarant by this Declaration or o[herwise; {iii)to maintain} sales offices, management offices; signs advertising the Planned Community, g itl_mplsr�{'i} to4ase easements through the common elements for the purpose of makin inpT�v t#r i[ts within; 'N' -P, atwed Community or within real estate which maybe added to the PJNned &"Ili�urti4y�,s(v:).to make the Planned Community part of a larger planned community or group of planned communities (vi) to make the Planned Community subject to a Master Association; or (vii) to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Declarant Control Period, ARTICLE 11 ROPEIZT_ r 1' T A D"E SEMEN S SECTION 1. Owners' PropertyRightsand'Easem, j tofEnjovment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association'f ay rnake and amend re unable rules and regulations governing use of the Common Elements by the 1 G,/ ''CU/A71 �Irl° �l1 -2- 07-23-2007 8 Mar J. Ra 13 66 901 29 r R264 J. Robinson �11�� arunSulok untyNC Register of Deeds Page 3 of 15 (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least eighty percent (80%) of the Members, excluding the Developer; provided, however, that the Association may without the consent of the Owners grant easements-Jgses�-licenses and concessions through p Jai f ( � � !r'J �_ or over the Common Elements. No conveyance frer{cumb- nce of Common Elements shall deprive any Lot of its rights of access orlsapport_(�) f- ��� lJ U (c) The Board of Directors on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case ofloss-ro the Association for all Members. The Association shall have the sole authority to deahwith" ",LtNoin�surer in the settlement of claims. In no event shall the insur-ance covera a obtained lly the Association be brought into contribution with rz l ll insurance purchased by Membe � �the�rmvga�gees'' KTCZ-V� SECTION 2. Easements in Favor of Declarant and the Association. The following easements are reserved to Declarant and the Association, their successors and assigns: (a) easements as necessary in the lands constituting the Common Elements and the rear, front and side ten feet of eaAlot,for the installation and' maintenance of utilities and drainage facilities, including the right of Declarant'andittie Aisoci tton �o go upon the ground with men and equipment to erect, maintain, ins're AirJand use&e�sctric&ad telephone lines, wires, cables, conduits, sewers, water mains and o er suital5fe'egttipmerit for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of the county where the Planned Community is located; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in or er to maintain reasonable standards of health, safety and appearance; the Fight to cuLanl� t tie bushes or shrubbery; the right to make any grading of the soil, or to tak any, -q l eerLjsQilar" action reasonably necessary to provide � rnn^-nrcTtnrR� economical and safe utility installa 1 nand toJr�aintain`i4 asoria� le standards of health, safety and appearance; and the right to locate ells, pumping statldiwiand tanks within residential areas, or upon any Lot with the permission of the owner of such Lot. No structures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion? jFhesc easement areas (whether or not shown on the recorded plats for the Planned.Cgrnmuriity) rid'improvements within such areas shall be maintained by the respective Own r & epu;those for�wh4 &public authority or utility company is responsible. U d\i 0'�(C�r(N/r�c' _ (b) easements over all private streets, if any, access easements, and Common Elements within the Planned Community as necessaryto provide access, ingress and egress, to any Additional Property. SECTION 3. Other Easements. The following,Casementk are granted by Declarant to others: (a) an easement is.Jq;reby-granted No aH- pohee, tyre protection, ambulance and all similar persons, companies or agencies performing emergelley services, to enter upon all Lots and Common Elements in the performance of their duties. (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person aut orized by it, shall hau�j'th�,ri�h� to enter any Lot for the purpose of remedying or abating the causes of s ah timer "C}C, rtiakmg any other necessary repairs not performed by the Lot Owners, ands ehfrigh� df ntry s LI bT,,La rnediatc. -3- Sri rllt� 'S�,�I jk�jll� [_Ia !I I 82646 P06$9 °3 5s-20°0o, tt ,��jI `lJ/�r �f illalii•I�I;III�If�III�I�I�IfII Robert J. Rob4 of 35 �I �J " 8runsuiek County, NC Ragister ar Deeds page a (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. Nature of Ease vents. All easemento d &hts described herein are perpetual easements appurtenant, running with t}ie-land_ and shaf l iriuie to the benefit of and be binding on the Declarant and the Association, their succecssors�and assigns;_andfany Owner, purchaser, mortgagee lI'II`J -- fi i1r" and other person having an interest-in'the Property;or:any,Additional Property, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III h[O EOW ERS` ASSOC ATIO SECTION 1. Foanation of Association The A s-OcWion shall be incorporated no later than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and any Limited Common Elements in accordance with this Declaration, its Charter and Bylaws. The Associ hon shall be empower �t� pJ, dorm and/or exercise those powers set forth in the Act as it may be amended=from-tikz eL6,titnb;'`in addition to any powers and authority otherwise granted to it. SECTION 2. Membership. Every Lot Ownersh It be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lot Ownership. SECTION 3. VotineRights. The Association shall have two classes of voting Membership. Class A. Class A M bers shall -be all § el with the exception of the Vs:., r _ , � t, y a4 Declarant, and shall be entitled Icw` ero e for each Lot owned. When more than one person holds an interest ingany �ot; alll,such persoiis''stiaalI'be Members. The vote for such Lot shall be exercised s the ydetc fi e, b� -Vi. too event shall more than one vote be cast with respect to any Lot. Fractional -voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member and shall be entitled to four (4) votes for each Lo '-owned. The Class- B Membership shall cease and be 7���(` I� If -•;ice converted to Class A Membersfiip.on ]hh:hap ning of any of the following events, whichever occurs earlier:l-I O j U7 �r llG���GSL�ta�[�, -�tr1 (a) when the total vote outstanding in thc-Class A Membership exceeds the total vote outstanding in the Class B Membership; or (b) on December 31, 2020; or (c) upon the volunt "�stlrrende .of lkCyas�' .Membership by the holder thereof n I Jfi1'�`�1 l ` �, The period during which there is a Class B `Merrtbe3ship is sometimes referred to herein as the "Declarant Control Period." SECTION 4. Government Permits. Obligations under all government permits for the Development shall be the obligation of the Association on the following terms and conditions: A. General. After completi %f construt 66h o any fn lines required to be constructed by Declarant pursuant to permits, a eernents�_ r�d easements;cfgr the Development, all duties, I, I�I���� ten,. obligations, rights and privileges o .the Declarurit;unde -any water, sewer, stonnwater and utility -4- r lflllfll°n-z9 0l11(fj'ljj[111IIIII11111111111 82s46 P0690 0, Don `BrunsWiCounty, NC Register of eads page 5 of 15 J J IIJI��''7ulsk�JUA4L agreements, easements and permits for the Planned Community with municipal or governmental agencies orpublic orprivate utility companies, shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association, t,- s0 C2 B. Stormwater Permit(sl. %n ,stormwater retention ponds and related facilities for the Development which have or are ttj b�e(GcM',, trircted by;,�or,;p behalf of the Declarant constitute Common Elements and the Asso�},on, at tts�sble.co.Stand expense, is responsible for the operation and maintenance of such facilities. The Association andIbach of its Members agree that at anytime after (i) all work required under any stormwater permits for the Development have been completed, and (ii) the Developer is not prohibited under the NC Department of Environment and Natural Resources (DENR) regulations from transferring the stormwaler permit(s) for the Development to the Association, the Associatioms:;officers without any vote or pproval of Lot Owners, and within 10 days after being requested to do o i i ll sign all �ioc�in nth"r40ired by DENR for the stormwater c permit(s) to be transferred to the A s9rovtded, however, that at the time the Developer n 9 t ip requests that the Association accepttrr sfero Jt�e.s (orrrlr"vJ ferpci&it(s), the Developer has delivered to the Association a certificate from an engineer t3i s JV the State of North Carolina, dated no more than 45 days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefore. The Association shall indemnify and hold harmless the Developer from any obligations and costs under any stormwater permits or for operation and maintenance of the stormwater retention ponds and related facilities, except that during the Declarant Control,Peribd� the Developer shall be responsible for repairing any damage to such facilities caused byCdcvlopin'`t' activities. Notwithstanding, the Developer shall not be responsible fiat damages to stormwater.retention ponds and related facilities caused by construction of residence or other activities by Owners, their agents and contractors, upon their Lots. If the Association fails to sign the documents it 4ired by this paragraph, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the appropriate Association officers sign all documents necessary for the stormwater permit(s) to be transferred to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations under this section. In addition, each OwnerI for the Owner, the Owner's heirs, successors and assigns, by acceptan ewf a deed f{o�r�,th��Mclamnt, for a Lot hereby irrevocably "� �-rc I1 j _� az' appoints Vivek Sikka as the Owner'�.attorne a - act; on behalf of the Owner and the Association, to signal] documents required by' I4necessary for l6-ffl�Dmivvater permit(s) to be transferred to i - , the Association; provided, however, that the DeclarantrSh�lI #first have requested as provided above that an officer of the Association execute such documents and any officer has failed to do so within the time provided. SECTION 5. Common Elements, The Association shall at its sole cost and expense be responsible forthe operation andm'sintenance ofeachCorttmd' lement(s) within the Development from the date of completion of its Con 't, c`tiop, nitro) ernt by the Developer, whether or not such Common Element(s) has actuf Iy.bee'n)dree�ed"tot e. sspciation. ARTICLE COVENANTS FOR ASSESSMENTS SECTION 1. Creation of ft Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to th>�EAssociation- he=following assessments (collectively the "Assessments"): ��C��`�g��,u M l L�Gh A. Annual Assessments; `G1Wc(-� &II B. Special Assessments for Capital improvements; C. Insurance Assessments; D. Ad Valorem Tax Assessment a" andg IIII lT� E. Working Capital Assessi nta. 0� -S- .� �„ rr Robert J. Robinscan 2 untwick Coui)ty, NC Register of Goods page 6 or 15 The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment IeRdue. The personal_v l'igati?B for delinquent Assessments shall not pass to the Owner's successors in title urkle S:ca[pes 1y assumed by them. qnn� SECTION 2, Purpose of- nual Assessnten The Annual Assessments levied by the Association shall be used exclusively to promote the r ration, health, safety and welfare of the Owners and residents of the Property and Additional Property and for the maintenance, repair and replacement of the Common Elements. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common Elements, including payment of utilities, enforcing this Declaration; paying taxes, insurance premiums, legal and aceou—r4ing fee .an�� gas ei-rlumWnfal charges; establishing working 2 rr' ,:✓Jc�" capital; paying dues and assessorI�ntsltY org nrzatton or master association of which the Association is a member; and in hldditron, Doing any 'ottie�'"'tNmgs necessary or desirable in the opinion of the Association to keep the Common'] fern nhfslin good operating order and repair. SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year, Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget aad notice of a meeting to\Arlsider its ratification, including a statement that the budget may be ratified with, ad arquor`4'1 The budget is ratified unless at the meeting a majority of all of the Lot OuArierS)m the Associat3oa,rejects the budget. In the event the I I IIII`_i �� n� proposed budget is rejected, the penadre budgeiilastjratif ed by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent bu�dger proposed by the Executive Board. The Annual Assessment for each Lot shall be established based on the annual budget thus adopted provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The due date for payment shall be established by the Executive Board. The Executive,Boarrd shall have the authority o require the assessments to be paid in periodic installments. The Assocra�lipti shall, upo t ia�t'd�� d for a reasonable charge furnish a certificate signed by an officer tl�e/�s #e�atro setting forth whether the assessments on a its u�9r• �+tn specified Lot have been paid. n, � SECTION 4. Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements, including fixtures and personal property related t ere — provided provided that any such assessment shall have the assent of two-thirds (2/3)'df_the-lvve 6eYs fieavd class who are voting in person or by proxy at a meeting duly called.f Writtgp.ftn!ies;of any meeting of Owners called for the purpose of approving SpecII I ia �ssessmen#s_ hail be sent to all Members not less than ten (10) u�c,i: ;r� days nor more than sixty (60) days in advance of the meehng. SECTION 5. Insurance Assessments' All premiums on insurance policies purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense, and the Association may in any as ess dent year levy against the Owners equally an "Insurance Assessment," dition to,the A ual1 :'§'sessments, which shall be in an amount sufficient to pay the annual cost of all'such deductibles and insurance premiums not included Cl g"1t112 Lu4 as a component of the Annual Ass' r spent. SECTION 6, Ad Valorem Tax Assessments. ts. All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment," in addition to the Annual Assessments, which shall be in an amount sufficient to pay such ad valorem taxes in such year not included as a component of the AnusA.ual Assessment. /�IL, SECTION 7. Working Ca 't 4ss , s nts:' Ak athezticna title to a Lot is conveyed to an Owner by Declarant, the Owner shah ay the su�of.$200.00 to the Association as working capital r «<i IC-)C,V2. -6- -fin �? rnl f I r 07-23-2007 PMRob 92i'nson:29.Cal (j (I��� 1 ry BrunswJck;,'EC6Ldty, NC Register of Deeds papa 7 of 15 to be used for operating and capital expenses of the Association. Amounts paid into the working capital fund are not to be considered as advance payment of the Annual or any other assessments. SECTION 8. Rate of Assessment. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinctionios, such as between vacant Lots of record and Lots of record with complet�q,d\�w��1, iii�;� i6r,4h ch1 certificates of occupancy have been issued by the appropriate govern��ntal autlfoty; or`yien�any other substantial difference as a ground of distinction exists betweehl-"Lots. Howevef.�As_sessments must be Fixed at a uniform rate for all Lots similarly situated. SECTION 9. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. (f1 SECTION 10. Effect Of , o ent O . ss sseQ Ld Remedies Of The Association. Any Assessment or installment.thereof�nor,paid wi&nit iirty (30) days after the due date shall bear interest from the due date at the hig i�st �a`te aliowable by"Iav� N"t Association may bring an action at law against the Owner personally obligated to,fii Gj)"te,same, or foreclose the lien against the Owner's Lol. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if the Owner fails to pay any installment within the time permitted. The Association may also establish and collect late fees for delinquent installments. SECTION 11- Lien for As sr en I he A s ci ioa, a file a lien against a Lot when „�,auJ'..Ya"T y g any Assessment levied against sal l of Temaifi9�I!npaid for a period of 30 days or longer. (a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of.C-hapter 45 of the General -Statutes. Fees, charges, late charges, fines, interest, and other charges impostdpursuant ,I� Sections 4,7.E-3-102,47F-3-107,47F-3-107A and 47F-3-1 15 of the Act are enforcea Ic-as As%ess'tln4ents,� (b) The lien under this section�hal1 bcwi�ur.�t�o all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically including, bud not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. .-. (c) The lien for unpaid aa§.iessm�nf0s Jxtingul� ished unless proceedings to enforce the r~a., tax lien are instituted within three..years`af`ter the. dock(�kug=eFytl a claim of lien in the office of the Clerk of Superior Court. lU C9L,�LG��Lr�ca� (d) Any judgment, decree, or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. (e) Where the holder of a first mortgage or deed q, trust of record, or other purchaser of Lot obtains title to the Lot as a result -of foreclo re 4f firs1thortgage or first deed of trust, such purchaser and its heirs, successors and a -si' "s ' 1Tnot'be liable for the Assessments against the Lot which became due prior to the ac �iiS'Itio �o'f.title 01i _'tfiW''By such purchaser. The unpaid �� r.�. Assessments shall be deemed to t be u CommonJExperLi t gfllectible from all of the Lot Owners including such purchaser, its heirs, successors and assigns. (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. � CO) �r���if I L� -7- Gr1 ll `` 8�.64fi P0693 03 56 zB 001 �o' G " I�fjjfjI fj[jj� I,�I II II II l�� Dill l� Robert Reohe g of 15 f bUv��G dick County, NC Reg ter o page ARTICLE V RIGHTS OF DEVELOPER The Declarant shall have%d� there is hereby rese IrvIed ta" the Declarant, the Special Declarant Rights as herein defined and the followirlg rights�,jwerS�aid privileges which shall be in addition to the Special Declarant Rights any`ot`h�er� rights poy er5�nd2rivilegcs reserved to the Declarant herein: i U U `� SECTION 1, The Architectural Control Committee. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property or any Additional Property. SECTION 2. Plan of Panned. u it ., Thb right to change, alter or redesignate the allocated planned, platted,helands constitutingthePlanned Community including, but not limited to, the rigli WZhange, alter or redesignate road, utility and drainage facilities and easements and to change, alteror redesignate such otherpresent and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to replat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots; to further subdivide fi lI r Nl� tracts or Lots shown on any such sub division.lat�tntjtw_,;orinore Lots; to recombine one or more tracts or Lots or a tract and Lots to,jcrea�"tleja[lar'ger tract orLot (any Lot resulting from such .Evswu�s�L.v:i recombination shall be treated as,.' ne`LotU f6irpu�rpQSesi u Assessments); to eliminate from this Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as public or private roads or access areas, whether serving the Planned Community or other property or are needed for Common Elements or amenities, and to take such steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site or access area or roadway or Common Elements. SECTION 3. Amendment of D. is id© 15v Declardrit.� This Declaration may be amended by the Declarant without membef a pcoval,-'o the BoaleiftftTii~ Association, as the case maybe, as follows: ,lti�/r``G A. In any respect, prior to the sale of the first Lot. B. At any time to the extent this Declaration applies to Additional Property. C. To correct any obvious eGL 'or inconsisi—rn y n,lc� ling, typing or reproduction. CO ���)«�r�� D. To qualify the Assoc ati n-or theLIProgerty_and Additional Property, or any portion thereof, for tax-exempt status. E. To incorporate or reflect any platting change as permitted by Section 2 of this Article V or otherwise permitted herein. p F. To conform this Declargtionito the reguirelme�ritso�any law or governmental agency having legal jurisdiction over the Propetty� } anAditiotral Property or to qualify the Property or any Additional Property or any Lotss mprovements thertbh",€*-mortgage or improvement loans ,wr made, insured or guaranteed by a governmental a' ___;Ors comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters'affecting the public health: aety and general welfare. A letter from an official of any such corporation dr.agency+,-.indlwiiir?gM�wi out limitation, the Department of Veterans Affairs, U. S. Department F ousin �'3 drllrban Development, the Federal Home Loan �� $ Mortgage Corporation, Governm �1 aational7GMo�rrt Corporation, or the Federal National -8- r3�I`I�'lI fll l``jI!IIjL Ij IIj 1 92646 P0694 o3-2`20000i �J, CiY.�lWjl� RegiStOr of 6ea s Page 9 of t5 Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. Notwithstanding anything else herein to the contrary, only the Declarant, during the Developer Control Period, shall lie entitled to amend thi � Dic�ar_#tion pursuant to this Section. �w - G. In any respect so long W l�afi t�dwns a`JsuffpigntZ;_number of Lots for amendment of v�h the Declaration pursuant to Article - elo SECTION 4. Annexation of Additional Property: Declarant may annex to and make a part of the Planned Community any other real property which Declarant now owns or which Declarant may hereafter acquire or develop (the "Additional Property"). Annexation of Additional Property to the Planned Community shall,tequire the assent of 67% of t!he, Class A Members who are voting in person or by proxy at a meeting called. for thir pu� �� e [Qr' &d, however, Additional Property may be annexed to the Planned C i�i' } �ithiiuYtEie assent of the Members so long as the Additional Property is developed i ccordaticv ith the- iiritb');ditera] scheme as the other portions of the Planned Community.�C� SECTION 5. Sales Model- So long as the Declarant or its designee shall retain ownership of any Lot, it may utilize any such Lot for offices, models or other purposes relating to the development, construction, sale or rental of Lots and dwellings, including the right to place "For V, Sale" or "For Rent" signs on any tots, The Declarant-r as ign this limited commercial usage right to any other person or entities as Winaychp0se�� A PvTiCL/E--,V USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1. Approval of - ans for Building and Sit -I rovements. No dwelling, wall or other structure shall be commenced exected o . ma ntai ed,'u od any Lot, nor shall any exterior addition to or change in or alteration th�reli� (inludi`g-painttng or repainting of exterior surfaces) 1 be made until the plans and specificA6ns show,�tpg the rsatttre; fttrii , shape, heights, materials, colors and location of the same shall have been subrh tteil fci'arid approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural Control„Committee, fails apprlOve or disapprove such design and location within sixty (60) days after said -plans kn aped rc lions ave been submitted to it, approval will not be required and this Articl� i)Il be��tde ed to,kl4�a*gp,,fully complied with. Refusal or approval of any such plans, location ar�specrfic�atlbiraye based upon any ground, including purely aesthetic and environmental considerations, that in the`sble and uncontrolled discretion of the Declarant, the Board, or Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant, the Board or Architectural Control Committee, as the case may' be, for its records. Neither the Declarant, the Board, nor the Architectural Control Committee shall be responsible for any, stp}ctural or other defects in plans and specifications submitted to it or any str Eture cr cted-a� i�t``g t6lsuch plans and specifications. SECTION 2, Minimum Sia artis-fWgitc ImiiiffiflkRt°� C_ri - �:ti•:v�U; A. Each dwelling shall have a minimum of 1400 square feet of enclosed, heated dwelling area, provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of 1350 square feet if the Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The term "enclosed, heated dwelling area" as used in the minimum requiremett ssfi,1111be the total enclosed area within a dwelling which is heated by a common Ifeatings�sfe*; pr, , vided, however, that such term does not include garages, terraces, decks, aple piCesl,la d liketalreas:,i -9- J Rob naon_2oa7 aaa 82646 P0695 13 sB:z9,oai -�r f� �l fJ}f l runsw;pk�;LLo ty;�,� NC Register of Deeds page N of 18 B. Since the establishment of the inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the forekoiiig considerations are given maximum effect, the site and location of any house or dwelling or other structure.upQn�riyilot shall be controlled by and must be approved absolutely by the Deelarant, the 8I I I'! bx;th Wrchitectu;al: pn of Committee, as the case may be; III I` r,4i n provided, however, that no structut shall be•cfttr�ttctc:d closer to an adjoining property line than is permitted by applicable governmental regulations. 5"�z'& C. The exterior ofal! dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner, or builder, due to strikes, fires, national emergency or natural calamities. 1A 1.�, D. All service udli�i_ nfuel tap,and'•W oc piles are to be enclosed within a wall or plant screen of a type and size approved by ihe`17eclfuaiit, the Board or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other"residence within the subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. Fences shall be permitted on any Lot; provided, however, that the design, placement, and materials of any fece,.are approved by the•lDq6�nt, the Board, or the Architectural Control Committee, as the case may b�mflot Yip �.art4i� permitted on any Lot. E. Off street parkin for nat7iessthanr_�t�wo (2) passenger automobiles must be dweltfi' provided on each Lot prior to the occupancy of any s onstructed on said Lot which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by Declarant, the Board or Architectural Control Committee, F. All light bulbs orother lights installed in — any fixture located on the exterior of any building orany Lot for the purpose ofillumination.s all-b`t;�alr,Iwhite or non -frost lights or bulbs. SECTION 3. Use Restricti6h9 J® moo rlsmlrr7; lzu A. Land Use And $uildin Tvnc. No Lot shall be used for any purpose except for residential purposes. All numbered Lots are restricted for construction of one single family dwelling. No detached garages or other buildings shall be permitted. All houses or dwellings shall be stick built on site. No modular, mobile or manufactured homes shall be erected, located or constructed on any Lot. �� n �� J (rJ B. Nuisances. No nox obis rr ff risiVe actiyjty�skhall be carried on upon any Lot, nor shall anything be done thereon ,Ihi� may berar may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plantstir 2nimals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds,on the Owner's -Lot which would tend to decrease the beauty of the neighborhood as a whole or the speoifiicc areaa.� Z g��� I� C. Tem era Stru , . `No''iructure o - tc porrary character, trailer, basement, tent, shack, garage, barn or other outbuilding slrail be'r#seci,o any Lot any time as a residence either temporarily or permanently without the written consent of the Association or its designee; provided, however, that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on any pan of the Planned Community until the construction of dwellings on all Lots and Common Elements improvements are completed. ir" A D. Vehicles/Boats. N b'ttat, motor'b'at,,ca per, trailer, motor or mobile homes, tractor/trailer, or similar type vehicle,shall'lie permitted toremain on any Lot or on any street at any time, without the written consent of the Associaii6-n,or its designee. No inoperable vehicle or vehicle -]0- --vG1flltilllti�l llllltlllfllltl�+I Bzs4s aa6ss °3..58: 9°0o, Hrurls�M LConnt NC J. Robinson v Y� Rngist+r ar D�cds page 11 of 15 without current registration and insurance, will be permitted on any Lot, street or Common Elements. The Association shall have the right to have all such vehicles towed away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street. tFNI E. Animals. No animal`s, livest_o k' b� �ou y o any kind shall be kept or maintained on any Lot or in any dwelling ielelit�ha�t�dZgs, catt§Rr,,Ahgr household pets may be kept or maintained provided that they: are of kept or maintained for commercial purposes and provided n further that they are not allowed to run free, are at a] l time 'A$t properly leashed or under the control of their owner and do not become a nuisance to the neighborhood. F. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or TV satellite signal receiving dishes ar, permitted on any Lot and no -outside radio or television antennas shall be erected on any Lot or dwelling unit unles �''L 4unt.4.permission for the same has been J �.I I `i� L�1' ,. granted by the Board of Directors of, the '. ocia�ion or its Architectural Control Committee, provided, however, satellite dishes r �i over 1� n�diiariteYer w4ir % cannot be seen from the street are permitted. �� G. Construction in Common Elements. No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Association. � Il H. Sjf_ms. No signs( iudinga � acle" "fbr rent" signs) shall be permitted on any Lot or in the Common Elemeln v�'thos�t pe�rmissip�;f;thl�oard of Directors, l Jv u �'��CGr:;���f ,,, 1. Subdividing. Subject to any rights resei4n d to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board of Directors of the Association. nn J. Short Term Rental`llrohibited. No.Owne -q.1 l enter into a lease of the Owner's Lot for a period less than one year. All l e f -r -ot :aiid�i esidences thereon shall be in writing and shall contain the following provigign V ' w ' Tenant acknowledges receipt of a copy of the Covenants, Conditions and Restrictions for Sunlmerwoods and any rules and regulations adopted by Surnmerwoods Homeowners' Association, Inc, Violation of said covenants or rules and regulations by the tenant, the tenant's agents, guests .and invitees shall, after the expiration of any applicable cure period, constitute a default under he erfn� of this lease. Each Owner shall be liable �,, -the(Associ tio`n j . I( ' �iviolation of this Declaration or Association rules and regulations�andl(ii)'fiir nn};�dar�agefto the Common Elements, committed or caused by the Owner's tenants, the tenant's agents, gues sand invitees. All amounts due the Association by an Owner pursuant to the terms of this paragraph shall be added to the Owner's Annual Assessment and become a part thereof, collectible and subject to being a lien against the Owner's Lot, as provided for in this Declaration. �� SECTION 4. Maintenance. Each. Lot Own s�ll�l 4p'4is Lot free from weeds, underbrush i �,_ or refuse piles, or unsightly growth or objects:, Af1G fru tures shall be kept neat and in good condition and repair. All shrubs, trees, gtasslAd-piJtmgs sHiiIP13i;4&c" t neatly trimmed and properly cultivated. lJ vU�G siQ ARTICLE VI1 LQTS SJJSJECT TO DECLARATIONIEWORCEMEN1 SECTION I . Lots Subject to DCelaration.I-�Tfi covenants and restrictions contained in this Declaration are for the purpose ofplrQQ�ieclirlg}_h alue p desirability of the Planned Community and the Lots contained in it. All pres�tlt and-tuture•Owners, tenants and occupants of Lots and their -11- 1 Ilflll�liQlflll�l�lfllll[Illllllllll� B?64s ?069?1°„19.001 CO)iBrunsulok.:Gwa�ly�iM1C Register of Deeds pogo 12 of 15 guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of ihis;Aeclaration shall.ru )fJli a d bind the land and shall bind any person having at any time any interest'dr-est tfrih� �y UoErf}�teir heirs, successors and assigns, as "n`I Irk' though such provisions were made a~pgrt,d_f each and every 4SAof conveyance or lease, for a term of twenty (20) years from the dateithis Declarration- s�recorded, after which time they shall be automatically extended for successive periods of ten (I 1) years, unless terminated by the Lot Owners, SECTION 2. Enforcement and Remedies. The covenants and restrictions of this Declaration shall inure to the benefit of anc be enforceable (by proce ings at law or in equity) by the Association, or the Owner of any Lot; -,their respeFt;vt ;1r;gal':'r+ resentatives, heirs, successors and assigns. The Executive Board shall be entit�o'enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In additib �oI the)rcmedies a#lteriaiFFiovided for herein concerning the collection of Assessments, the following remediess s 1 Jl teavailable: A. Association_to Remedy Violation. In the event an Owner (or other occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board or its designee, after 30-days notice, may enter'upo! the Lot and remedy 0, iolation or perform the required maintenance or other activities, all at tlje:expens�e df�h O.v ner, and such entry shal I not be deemed a trespass. The full amount of the� qq� JDf rethdyirig the �violatio�l or performing such maintenance or other activities and shall be c}t r ea6le 0/the Lot_including collection costs and reasonable attorneys' fees. Such amounts shall be due and payable Within 30 days after Owner is billed. If not paid within said 30 day period, the amount thereof may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is•not fully covered by, insurance, then, at the sole discretion of �l��aL' the Board of Directors of the Association, -the oot oFthe same shall be the personal obligation of the Owner and if not paid to the Assoc 4ionlupon.demand,-iffi y iffif rediate]y be added to and become a part of the Annual Assessment levied against said fJ.wrler'�Lot. Notwithstanding the foregoing, the Association shall not have a lien for the cost of any maintenance and repairs mentioned in this section if the Association is obligated to make such repairs or conduct such maintenance by virtue of yards or structures being Limited Common Elements. B. Fines. The Associatioh,,may in accordance withAth'e procedures set forth in the Act establish a schedule of and collect fines'for the v olation of this Declaration or of the Association's Articles of Incorporation, Bylaws i ir[Ru\es�at�td gulatiora wa�ncOwner does not pay the fine when due, the fine shall immediately become a part ofai?d,he added to the Annual Assessment against the Owner's Lot and may be enforced by the Association as -all ether Assessments provided for herein. C. Suspension of Services and Privileges. The Association may in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of accessttq, Lots) for any period dur'ag hich any Assessments against the Owner's lot remain unpaid for at least,130 days or f f zi p iivc)�{hat the Owner or the Owner's Lot is otherwise in violation of this Declar [ 'oila"n�he�A'ssoetation's Charter, Bylaws, or Rules and Regulations. (l��U�u lJ . C�JU,y SECTION 3, Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are cumulative and are in addition to any other remedies provided by law. .: (- -12- 07-23-2007 �`�r,� !!IIII 11EE l{{ II1jjjJII j[IIf+}�I jr +I If Il jI Y��QV P069$ 13:56:29.001 _ Il��li�lll�lkl:ill�l�i�llllliRogist*r ofbD eds Robinson Co, F /�rt�7yF�'. AIA p 4 13 o f 1 S ARTICLE VIII. STORNLWATER SECTION 1. The following covenants inithis side 111 are intended to ensure ongoing compliance with State Stormwater [vlattagerl8ri f�ei�ti �h}ulnber SW$ 060150, as issued by the Division of Water Quality under N X&!FJ[i 1000. SECTION 2, The State of North Carolina is'ma&ldI beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. SECTION 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. e,.r rc SECTION 4. The covenants pertaiiii�lr(g - ,stormwater may not be altered or rescinded f the'State of NoftlfCg'olifla, Division of Water Quality. without the express written cons SECTION 5. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. SECTION 6. The maximum built -upon area per lot is 4,000 square feet. This allotted amount includes any built-uponalen constructed within. theiRp ropertyboundaries, and that portion of the right-of-way between the front,"lot finea- f the pavement. Built upon area includes, but is not limited to, st iurlts, a plialt cone t�egravel, brick, stone, slate, coquina and parking areas, but does not includa,raised, opo,. ,` �oae� �ng, or the water surface of swimming pools. SECTION 7. 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 aee,got required.to.pryvide,,tbese measures. ell &�� n ' d—:' SECTION S. Built-upon�� ]n:e ass of thexpari'tiftt�d amount will require a permit modification. SECTION 9. 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. %A . (L� Nfl ERALsPRO.VI,1S.SION�` . w2s'-Zlys SECTION 1. Rights of Institutional Note Holders. Any institutional holder ofa first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end,,of its fiscal year, (c) receive tten notice of all meetings of the Association and right to designate a�"representative to,attend all,�irch meetings, (d) receive written notice of any condemnation or casualty�loss}tha oaf ects'either a material portion of the Planned Community or the Property secur f;is�loil% �recd.veMrittim notice of any sixty-day (60) rug, �.- . delinquency in the payment of asslessments or charg' 9:o.wed�by any Owner of any property which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the content of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. ¢? f ln`I SECTION2. Utility Service. Declaranrcefcry s1,t1ieVlghttosubjectthe Property tocontracts for the installation of utilities, cable . V r�d)Strcgt ]ig ting, which may require an initial payment and/or a continuing monthly pa) he-Owncr,of each"' of Each Lot Owner will be required -13- IIIIIn��dn1I Il lllllll�ll llll llllllfllllllllll 82646 P05991n on.29°°°, un..ick Colony, NC Rsgistsr of 0sads pegs 14 of 1$ to pay for any water connections, %sewer connections, t� fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, and charges directly from the Lot Owners, All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmenta['aiq servicing the Planned;�O�vnunity. Separate water systems for outside irrigation and other outdoor; uses l hall �tJberm peitted without the consent of the Declarant or the Association. f�� ll u Q 7 �1 � - 1 SECTION 3. Severabilitx. Invalidation of any -olo of these covenants or restrictions by judgment or court order shall in no way affect any otherprovisions which shall remain in full force and effect. SECTION 4. Amendmer}t of Declaration. Except in cases of amendments that may be _ fir", in[ cases. by the Declarant under this>Declaration,o yyy Certfun.hot Owners under Section 47E-2- w�p -y {ffli �:�f� 1 18(b) of the Act, this Declaration maybe a ��n let. Ihy al�'irmative vote or written agreement signed by Owners of Lots to which at 1has -ii\ el en perccrit�(67%)"tif the votes in the Association are � C 1L,, _ allocated, or by the Declarant W ecessary for &10 eroise of any Special Declarant Right or development or other right reserved to the Declarant herein, SECTION 5. FHA/VA Approval. So long as there is Class B membership, annexation of Additional Properties, dedication of Common Elements and amendments to this Declaration must be approved by the Federal HouAigAdministration and/or therDepartment of Veterans Affairs, as the case may be, if either of those agencies has h'_oved�the`making, insuring or guaranteeing of mortgage loans within the Planned 0 niunityl '�, SECTION 6. North Carolina Planned Corn unity Aot. It is the intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. IN WITNESS WHEREOF the parties hereto, have caused this Declaration to be executed in their corporate name and the corrpbrate seal affix ed,by itsrduly.authorized officers as of the day and year first above written. u ~ J �F1? `6 � ,A RAN9%N°ASE LLC By-. Membe tanager O1�� vCr f� 1g�(f��J�L`J`6v�IF(r2 �aR �fP6;j[l �flco) VP , -14- Wit; l f Ir {� 1 ;nlr lj I �jl11}Ij- riI Ij j! B2616 P0700 07_23_7007 �I�J I1 `� lI� �IIB I�II� 4kItlCll�l illllClll�llll lelr of bentDeeds page ]S of lS' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Mr1r� Ne.h�le4t} , a NotaryfPublio�r(�CW FkAnose� County, North Carolina, do hereby certify that Qtf. -0 a personally came before me this day and �1 I I �' I � n nn � (G1ru�'F�IItCIIti;Z acknowledged that he/she is Mertthe /Manager'pf l?ASF, LLC, a North Carolina limited liability company, and acknowledged, on behalf of VASE, LLC, the due execution of the foregoing instrument. Witness my hand and off giai�stamp or seal, this 2-3 day of—7L.A_J� 2007. Lr'C (,�.�,1� . gig Nota Public My Commission Expires: Qom_" 01-5 --D.S (AFFIX NOTARIAL SEAL) JJ �r >' o wm c►�rr �rwa�o-�aasw. �wrnwoweaotaurtr Q/16015z3v�.'a" ;.: State Stormwater Management Systems Permit No. SW8 060150 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 as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Vik Sikka Summerwoods Subdivision Galloway Road, Bolivia, Brunswick County FOR THE construction, operation and maintenance of two (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 part of this permit. This permit shall be effective from the date of issuance until September 27, 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. The permitted wet detention ponds labeled as Pond 1 and Pond 3 have been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. Ponds.1 and 3 are permitted to treat the runoff from 354,864 ft2 and 595,184 ft2 of built -upon area, respectively. 3. The subdivision is permitted for no more than 167 lots, each allowed a maximum of 4,000 square feet of built -upon area. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. Pond #2 is an amenity pond that is within the drainage area and part of the collection system to Pond #3. Page 2 of 8 J State Stormwater Management Systems Permit No. SW8 060150 0 The following design elements have been permitted for the wet detention pond stormwater facilities, and must be provided in the system at all times. a I: c d e f. h 4 m n. o. P. Drainage Area, acres: Onsite, ftz: Offsite, ft2: Total Impervious Surfaces, ftz: Lots at 4,000 ftz: Roads/Parking, ftz: Clubhouse, ft Sidewalk ft2: Offsite, ftz: Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL Permitted Surface Area @PP ftz: Permitted Storage Volume, ftz: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3: Forebay Volume, ft3: Maximum Fountain Horsepower: Receiving Stream 1 River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE Pond 1 Pond 3 25.95 45.70 1,130, 382 1,990,692 0 0 354,864 595,184 264,000 404,000 90,864 162,184 0 27,000 0 2,000 0 0 6.0 6.0 90% 90% 1 1 42.0 39.0 40,390 64,130 33,536 59,413 42.80 39.9 3" O pipe 4" O pipe 160,170 292,890 32,750 64,545 112 1 Middle Swamp 1 LBR59 15-2571-6-4 "C Sw" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible, for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division 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 homeowner .of the responsibility to maintain compliance with the permitted BUA limit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The 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. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 060150 6. 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. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. 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. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. 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. 14. 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. Page 4of8 State Stormwater Management Systems Permit No. SW8 060150 15. 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. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060150, 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 4,000 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. 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. h. Built -upon area in excess of the permitted amount will require a permit modification. 17. 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. 18. 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. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in the permitted ponds is listed in Section 1.6 (m) of this permit. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 060150 20. 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 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 an Operation and Maintenance plan signed by the new applicant. 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. 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 27th day of September 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 060150 Page 6 of 8 IGHT ANGLE ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 September 22, 2006 Ms. Linda Lewis NCDENR—DWQ �� �a�� 127 Cardinal Dr. Ext., Wilmington, NC 28405 by Fax 350-2004 Y: Re: Summer Woods Subdivision Galloway Road, Brunswick County, NC Ms. Lewis, Enclosed are revised items per your comments for the above referenced project including two sets of plans, and supplements. Please feel free to contact us at anytime if there are any questions. Sincerely, Shane ppard, P.E. Project Engineer Right Angle Engineering Cc: Vik Sikka, Owner Sunimenvoods SW8 060150 A Subject: Summerwoods SW8 060150 From: Linda Lewis <linda.lewis a ncmail.net> Date: TLIC, 19 Sep 2006 12:14:40 -0400 To: Shane lippard <raepcs] a bellsouth.net> Shane: The revised calculations received on 9/8/2006 for Pond 3 indicate that a minimum of 52,918 cubic feet of volume is required, but you have only provided 51,308 cubic feet. When you divided the required minimum volume by the permanent pool area to get an estimated temporary pool elevation, you rounded DOWN when you should have rounded UP. It appears that you are reporting only a 9 square foot increase in surface area between the permanent pool at 40.0 (64,131) and the temporary pool at 40.8 (64,140). I think this may be an error. I would expect a significant difference in surface area between these two elevations, and consequently, a lot more volume being stored. The reported dimensions of the temporary pool are 650 x 125, which equates to 81,250 square feet of surface area. Please correct the calculations and resubmit. The pond must provide sufficient volume to meet the minimum 1" storage requirement. The temporary pool volume for Pond 3 reported on the revised supplement is only 31,130 cubic feet. Please correct and submit a new page 1 of the supplement. The permanent pool volume for Pond 3 reported on the revised supplement is 235,143 cubic feet, however, the 9/8/2006 calcualtions report this figure as 246,393 cubic feet. Please correct and submit a new page 1 of the supplement I am trying to help you out by reviewing these submittals in an expedited manner, however, the mistakes and errors are making it extremely difficult to keep accommodating you. Please make every attempt to get this project accurately completed. Please make sure that the numbers and areas used in the calculations agree with what's reported on the supplement and what's shown on the plans. Thanks, Linda l of' 1 9/19/2006 12:16 Pm Summerwoods SW8 060150 Subject: Summerwoods SW8 060150 From: Linda Lewis <linda.lewis@ncmail.net> Date: Tue, 05 Sep 2006 11:41:19 -0400 To: Shane lippard <raepcsI@bellsouth. net> Shane: I received some of the previously requested information regarding this application on August 30, 2006. I still have some questions: 1% The revised calculations for Pond 3 indicate that the permanent pool elevation is 42.0 and the temporary pool elevation is 42.9. I found this out when I was checking the orifice calculation and realized you had used an average head of 0.388 feet. Based on the supplement currently provided and the table on sheet D1, the permanent pool elevation for Pond 3 is 40 and the temporary pool elevation is 40.5. Given those criteria, the 3° orifice is too small. Please choose which permanent pool and temporary pool elevations will be used and correct/revise the supplement, calculations and plans as necessary. 2. Please provide 2 new copies of the cover sheet. The one submitted on August 30 is too light, and neither the lot lines nor the lot numbers can be seen. Additionally, please increase the font size on the cover sheet so that the lot numbers can be clearly seen and read. 3. Please add a dimension detail, for the permanent pool contour in each pond. Include the dimensions for each line and arc created by the permanent pool contour. 4. Please add street widths and cul-de-sac pavement radii to the plans. Currently, I only see right-of-way widths and radii noted on the plans. Thanks, Linda 1 of 1 9/5/2006 11:41 AM IGHT ANGLE ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 September 8, 2006 Ms. Linda Lewis NCDENR — DWQ 127 Cardinal Dr. Ext., Wilmington, NC 28405 by Fax 350-2004 Re: Summer Woods Subdivision Galloway Road, Brunswick County, NC Ms. Lewis, LSD gv(" SU' Enclosed are revised items per your comments for the above referenced project including two sets of plans, and supplements. Please feel free to contact us at anytime if there are any questions. Sincer , is e Lippard, P.E. Project Engineer Right Angle Engineering Cc: Vik Sikka, Owner RECEIVED SEP 0 8 2006 DWQ PROD # IGHT ANGLE ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 August 30, 2006 Ms. Linda Lewis NCDENR — DWQ 127 Cardinal Dr. Ext., Wilmington, NC 28405 by Fax 350-2004 Re: Summer Woods Subdivision Galloway Road, Brunswick County, NC Ms. Lewis, Enclosed are revised items per your comments for the above'referenced project including two sets of plans, application, and supplements. Please feel free to contact us at anytime if there are any questions. Sincerel Shane Xd, 4PP Project Engineer Right Angle Engineering Cc: Vik Sikka, Owner e00 b' U L J Y l 1 �'. -' ' � � ' ��� .. � � ~ I` l f ' / � SW8 060150 Summerwoods Subdivision i Subject: SW8 060150 Summerwoods Subdivision From: Linda Lewis <linda.lewis@ncmail.net> Date: Tue, 22 Aug 2006 17:46.46 -0400 To: shane lippard <raepcsl@belIsouth. net> Shane: In regards to the information the Division received on August 18, 2006, for the subject project, I have the following questions: 1. There is now no symbol in the legend for the drainage area. Please add. 2. What is the ultimate outlet for Pond #2, once the runoff leaves the outlet structure? It appears to enter the piped system and be taken to Pond #3. If this is the case, please either reroute the runoff from Pond 42 around Pond #3, or redesign Pond 43 to include the DA and BUA for Pond 42. The Division has no design criteria for ponds in series. 3. Please reference your note about the wetlands plantings for the shelf by adding "**" to the 10' shelf dimensions so that the reader will be referred to the note about the plantings. 4. What I had in mind in regards to splitting out the BUA for the clubhouse is a lump sum total reported on the application for the whole clubhouse area outside the right-of-way, regardless of how much is buiding and how much is road/parking. That may change anyway, and it's much easier to approve a future plan revision if the BUA is split out as a lump sum. 5. I have changed the bottom elevation of Pond #1 to 36.0 on the supplement, and I've changed the sediment removal depths for Pond 1 to 4.5 feet. Please provide' your written approval for these changes. Thanks, Linda. 1 of 1 8/22/2006 5:49 PM More Comments SW8 060150 Subject: More Comments SW8 060150 From: Linda Lewis <linda.lewis@ncmail.net> Date: 'rue, 22 Aug 2006 17:50:02 -0400 To: shane lippard <raepcsl@bellsouth.net> Shane: In addition to my previous 5 comments, please add the following: 6. Please add street section details to include pavement width and cul-de-sac radii. Thanks, Linda 1 of 1 8/22/2006 5:50 1'M i�GHT ANGLE �,ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 August 18, 2006 Ms. Linda Lewis NCDENR — DWQ 127 Cardinal Dr. Ext., Wilmington, NC 28405 by Fax 350-2004 Re: Summer Woods Subdivision Galloway Road, Brunswick County, NC Ms. Lewis, S�'��� ISM Enclosed are revised items per your comment letter for the above referenced project including two sets of plans, calculations, application, form "B" of restrictions, and supplements. Please feel free to contact us at anytime if there are any questions. Since , Q 1 Shane Lippard, P.E. Project Engineer Right Angle Engineering Cc: Vik Sikka, Owner w A O `C July 18, 2006, 2006 Mr, Vik Sikka PO Box 7365 Wilmington, NC 28406 Subject: Request for Additional Information Stormwater Project No. SW8 060150 Summerwoods Subdivision Brunswick County Dear Mr. Sikka: Michael F. Easiey, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application for Summerwoods Subdivision on May 8, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide three signed supplement forms. The Division is unable to accept one signature sheet for all three supplements. 2. Please provide a drainage area map. If the dashed lines on Sheet C1 are meant to portray drainage areas, please label them as such. 3. Please include a legend on the plans. 4. Please provide the dimensions of the clubhouse and parking area. 5. Please show the proposed contours in each pond. 6. Please specify the wetlands species for the 6:1 shelf. 7. Please revise the Overflow Structure detail. It currently shows the storage elevation as 21, when it probably should be labeled as Elevation C. 8. Please have your attorney prepare the Declaration of Deed Restrictions and Protective Covenants document for the project. The declaration must include all of the statements as shown on the attached document marked "A". If the proposed legally formatted Declaration is not available, the Division will accept the attached form marked "B", completed, signed, and notarized. 9. Please split out the clubhouse and parking BUA separately in Section 111.6 of the application, 10, Please check the built -upon area total for Pond 3. 1 am coming up with only 316,040 ft based on the numbers shown. 11. The supplement for Pond 1 currently reports the bottom elevation as 37.2, however everything else says it is 36.0. None Carr](ina Naturally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 29405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterguality.org Fax (91{)) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Mr. Sikka July 18, 2006 Stormwater Application No. SW8 060150 Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to August 18, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7335. Sincerely, Linda Lewis Environmental Engineer ENBlarl: S:1WQSlSTORMWATERIADDINFO120061060150.ju106 cc: Shane Lippard, P.E., Right Angle Engineering Linda Lewis Page 2 of 2 Re: Summerwoods SD SW8 060150 Subject: Re: Summerwoods SD SW8 060150 From: "shane lippard" <raepcsl@bellsouth.net> Date: Fri, 4 Aug 2006 14:23:44 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> Thanks Linda. FYI, I did not get this in the mail. We will get this back to you probably end of next week. Mr. Sikka is pushing it pretty hard now so we will get it to you quickly. Have a good weekend! Shane ----- Original Message ----- From: "Linda Lewis" <linda.lewis@ncmail.net> To: "shane lippard" <raepcsl@bellsouth.net> Sent: Friday, August 04, 2006 9:57 AM Subject: Summerwoods SD SW8 060150 Shane: Mr. Sitka is calling about the status of his subdivision. My records indicate that the project was reviewed on July 17, 2006, and additional information was requested on that date. Did you receive a copy of the attached letter? Linda 1 of 1 8/4/2006 2:42 PM Re: Summenvoods SD SW8 060150 Y Subject: Re: Summerwoods SD SW8 060150 From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 04 Aug 2006 14:42:20 -0400 To: shane lippard <raepesl@bell south.net> Shane: I'll get it taken care of quickly if you get it back to me soon. I don't know what happened in regards to you not getting the letter. It's been so disorganized here lately due to our recent move and the many applications that have been submitted. Sorry for the confusion. Linda shane lippard wrote: Thanks Linda. FYI, I did not get this in the mail. we will get this back to you probably end of next week. Mr. Sikka is pushing it pretty hard now so we will get it to you quickly. Have a good weekend! Shane ----- Original Message ----- From: "Linda Lewis" To: "shane lippard" <raepcsl@bellsouth.net> Sent: Friday, August 04, 2006 9:57 AM Subject: Summerwoods SD SW8 060150 Shane: <linda.lewis@ncmail.net> Mr. Sitka is calling about the status'of his subdivision. My records indicate that the project was reviewed on July 17, 2006, and additional information was requested on that date. Did you receive a copy of the attached letter? Linda, 1 of 1 8/4/2006 2:48 PM o�0� WA r�9p6- 7 O C ,July 18, 2006, 2006 Mr. Vik Sikka PO Box 7365 Wilmington, NC 28406 Subject: Request for Additional Information Stormwater Project No: SW8 060150 Summerwoods Subdivision Brunswick County Dear Mr. Sikka: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application for Summerwoods Subdivision on May 8, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide three signed supplement forms. The Division is unable to accept one signature sheet for all three supplements. 2. Please provide a drainage area map. If the dashed lines on Sheet C1 are meant to portray drainage areas, please label them as such. 3. Please include a legend on the plans. 4. Please provide the dimensions of the clubhouse and parking area. 5. Please show the proposed contours in each pond. 6. Please specify the wetlands species for the 6:1 shelf. 7. Please revise the Overflow Structure detail. It currently shows the storage elevation as 21, when it probably should be labeled as Elevation C. 8. Please have your attorney prepare the Declaration of Deed Restrictions and Protective Covenants document for the project. The declaration must include all of the statements as shown on the attached document marked "A". If the proposed legally formatted Declaration is not available, the Division will accept the attached form marked "B°, completed, signed, and notarized. 9. Please split out the clubhouse and parking BUA separately in Section 111.6 of the application. 10. Please check the built -upon area total for Pond 3. 1 am coming up with only 316,040 ft based on the numbers shown. 11, The supplement for Pond 1 currently reports the bottom elevation as 37.2, however everything else says it is 36.0. o c NCarolina Natumlly North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer service Wilmington Regional Office Internet: www.ncwatcr_quality,org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Mr. Sikka July 18, 2006 StormwateLApplication No. SW8 060150 Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to August 18, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7335. Sincerely, i Linda Lewis Environmental Engineer ENBlarl: S:1W.QSlSTORMWATERIADDINF0120061060150.ju106 cc: Shane Lippard, P.E., Right Angle Engineering Linda Lewis a Page 2 of 2 4 ' 1GHT ANGLE ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 May 5, 2006 Ms. Linda Lewis NCDENR — DWQ 127 Cardinal Dr. Ext., Wilmington, NC 28405 by Fax 350-2004 Re: Summer oods Subdivision Galloway Road, Brunswick County, NC Ms. Lewis, Enclosed is High Density Stormwater Application for the above referenced project including two sets of plans, calculations, application, and supplements. Also included is application fee of $420. Please feel free to contact us at anytime if there are any questions. Sincerely, Pane Li rd, P.E. Project Pgineer Right Angle Engineering Cc: Vik Sikka, Owner MAY 0 8 2006 Project No. SW8 0/9 () o� War n Project Name SD oz p� _ittd County Dear 2ILA The Wilmington Regional Office of the Division of Water Quality received your stormwater application and $420.00 fee on S ~ $� -0_(0 _ _ _ Your project will be reviewed within 75 days of receipt, and you will be notified if additional information is needed. Please be advised that the construction of built -upon area may not commence until the stormwater permit is issued. If you have any questions, please'contact any member of the stormwater review staff in the Wilmington Regional Office at (910) 796-7215. Date Sent:_ -5 " Patricia Collins NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Mr. Vik Sikka PO Box 7365 Wilmington, NC 28406 Land'Quality Section March 27, 2006 LETTER OF RECEIPT OF EROSION CONTROL PLAN RE: Project Name: Summerwoods Subdivision Project'ID: Bruns-2006-216 County: Brunswick River Basin: Lumber Submitted By: Right Angle Engineering, PC Date Received by LOS: March 27, 2006 Plan Type: Modified Dear Mr. Sikka: Michael F. Easley, Governor William G. Ross Jr., Secretary SD D U, AR 2pp� This office has received a modified soil erosion and sediment control plan for the project listed above which was submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S. 113A-57 (4))• The Act requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)). The Act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving authority must approve or disapprove the submitted plan within 30 days of receipt. Failure of the approving authority to approve or disapprove the submitted plan within the 30-day period will be deemed approval of the plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. We have performed a preliminary review of your submitted plan and have determined that additional information will be necessary before a final review can be completed. Failure to provide the additional information may result in disapproval of your plan. Ditch through wetlands has been dug already. Increase limits of disturbance. The approval.of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Sincerely, Todd C. Walton Land Quality Section cc: Shane Lippard, PE, Right Angle Engineering, PC LQS-WiRO; SWS-WiRO Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796-72151 FAX 910-350-2004 Michael F. Easley, Governor A a ■ram February 23, 2006 Mr. Vik Sikka PO Box 7365 Wilmington, NC 28406 Subject: State Stormwater Management Permit Summerwoods Subdivision Stormwater Project No. SW8060150 Brunswick County Dear Mr. Sikka: William G. RossJr., Secretary North Carolina Department or Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality On January 12, 2006, the Wilmington Regional Office received a copy of an Erosion Control Plan for the subject project. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit,.will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than March 23, 2006. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a.subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-796-7215. Sincerely, Linda Lewis Environmental Engineer 11 ENB/arl: S:IWQSISTORMWATISTORMSUB060150 Jan. 06 cc: Brunswick County Building Inspections Shane Lippard, P.E. Wilmington Regional Office File Central Files One NorthCarolina Natrrm!!y North Carolina Division ol' Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405 Fax (910) 350-2004 Internet: www.ncwater ul lit}.,or'~ An Equal OpporiunitylOrmative Action Employer— 50% Recyciedl10% Post Consumer Paper NI2006 ee C/1 North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary A� NCDENR January 11, 2006 LETTER OF RECEIPT OF EROSION CONTROL PLAN Mr. Vik Sikka PO Box 7365 Wilmington, NC 28406 RE: Project Name: Summerwoods Subdivision Project ID: Bruns-2006-216 County: Brunswick River Basin: Lumber Submitted By: Right Angle Engineering, PC Date Received by LQS: January 10, 2006 Plan Type: NEW Dear Mr. Sikka: This office has received a soil erosion and sediment control plan for the project listed above which was submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S. 113A-57 (4)). The Act requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)). The Act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving authority must approve or disapprove the submitted plan within 30 days of receipt. Failure of the approving authority to approve or disapprove the submitted plan within the 30-day period will be deemed approval of the plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. We have performed a preliminary review of your submitted plan and have determined that additional information will be necessary before a final review can be completed. Enclosed is a checklist of items that must be submitted before we can complete the review process. Failure to provide the additional information may result in disapproval of your plan. The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Sincerely, ,Todd C. Walton Land Quality Section cc: Shane Lippard, PE, Right Angle Engineering, PC LQS-WiRO; SWS-WiRO Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 - Phone: 910-796-72151 FAX: 910-350-2004 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES LAND QUALITY SECTION EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST 7 PROJECT NAME �vr+�m4�(�sLk�7 s S��c��u 5tc.t DATE: ( I c o l PROJECT NO.: T32ur15 ZUC)L — Z f tv COUNTY: r'3rt. vises Grc To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been made and has shown the need for additional information as specified below. To meet our review schedule, any additional information should be received by this office no later than Failure to meet this schedule may result in disapproval of your plan. The following items shall be incorporated with respect to specific site conditions, in an erosion & sediment control plan: LOCATION INFORMATION Project location (roads, streets, landmarks) North arrow and scale GENERAL SITE FEATURES (Plan elements) Legend: North arrow, scale, etc. Property lines Existing contours (topographic lines) Proposed contours X Limits of disturbed area (provide acreage total, delineate limits, and label) Planned and existing building locations and elevations Planned & existing road locations & elevations Lot and/or building numbers Geologic features: rock outcrops, seeps, springs, wetland and their limits, streams, lakes, ponds, dams, etc. Easements and drainageways Profiies of streets, utilities, ditchlines, etc. Stockpiled topsoil or subsoil locations If the same person conducts the land -disturbing activity & any relaled borrow or waste activity, the related borrow or waste activity shall constitute part of the land -disturbing activity unless the borrow or waste activity is regulated under the Mining Act of 1971, or is a landfill regulated by the Division of Waste Management. If the land-dislurbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered separate land -disturbing activities and must be permitted either thru the Sedimentation Pollution Control Act as a one -use borrow site or through the Mining Act. Required Army Corps 404 permit and 'Hater Quality 401 certification (e.g. stream disturbances over 150 linear feet) EROSION CONTROL MEASURES (on plan) Legend _ Location of temporary measures Location of permanent measures _ Construction drawings and details for temporary and permanent measures Maintenance requirements of measures Contact person responsible for maintenance SITE DRAINAGE FEATURES Existing and planned drainage patterns (include off - site areas that drain through project) Method of determination of and calculations for Acreage of land being disturbed Size and location of culverts and sewers Soil information: type, special characteristics Soil information below culvert storm outlets Name and classification of receiving water course or name of municipal operator (only where stormwater discharges are to occur) Comments: r on Rr9cic Or '1"W STORMWATER CALCULATIONS Pre -construction. runoff calculations for each outlet from the site (at peak discharge points) Design calculations for peak discharges of runoff (including the construction phase & the final runoff coefficients of the site) Design catcs of culverts and storm sewers Discharge and velocity calculations for open channel and ditch flows (easement & right-of-ways) Design talcs of cross sections and method of stabilization of existing and planned channels (include temporary linings) Design talcs and construction details of energy dissipators below culvert and storm sewer outlets (diameters & apron dimensions) Design cafcs and dimension of sediment basins Surface area and settling efficiency information for proposed sediment traps and/or basins VEGETATIVE STABILIZATION Area & acreage to be vegetatively stabilized Method of soil preparation Seed type & rates (temporary & permanent) Fertilizer type and rates Mulch type and rates NOTE: Plan should include provisions for groundcover on exposed slopes within 21 calendar days following completion of any phase of grading; permanent groundcover for all disturbed areas within 21 calendar days following completion of construction or development. FINANCIAL RESPONSIBILITY/OWNERSHIP FORM Completed, signed & notarized FR/O Form Accurate application fee ($50.00 per acre rounded up the next acre with no ceiling amount) Certificate of assumed name, if the owner is a partnership Name of Registered Agent (if applicable) `` Copy of the most current Deed for the site NOTE: For the Express Permitting Option, inquire at the local Regional Office for availability. NARRATIVE AND CONSTRUCTION SEQUENCE Narrative describing the nature & purpose of the construction activity Construction sequence related to erosion and sediment control (including installation of critical measures prior to the initiation of the land -disturbing activity & removal of measures after areas they serve are permanently stabilized) Bid specifications related only to erosion control j{ J 1r_A1 l f V�L -{ rilCc !S REc'C2CO tiNi Il fv�1ZCLLJ;U[ Aod f , 5l Fed 7 Nu/1 r I S wri G'1 f>�at0 /77 - —J EL_V lLtvgS L r; ti Aj U i ✓Ll -C r'l V DneuS Rr�� Tf.r-6A co Of o { G v /- /Lnp vt z e4 r 7 Summerwoods Subdivision Subject: Summerwoods Subdivision V� From: "shane lippard" <raepcsl@bellsouth.net> OYJ 150 Date: Fri, 17 Mar 2006 10:21:25 -0500 To: "linda Lewis" <Linda.Lewis@ncrnail.net> Linda, We are working on the Summerwoods permit for Vic Sikka. Going at it pretty hard but will probably need a few more days past the 23rd. Hope this is okay. Shane Lippard, PE Right Angle Engineering I of 1 3/17/2006 10:26 AM ■ Complete items 1, 2, and 3. Also complete item 4 it Restricted Deiivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, i or on the front if space permits. 1. Article Addressed to: I CL D J.COr P.o E f , Y-) [_ A. Signature X B. Received by (Printed Name) © Agent C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes it YES, enter delivery address below: ❑ No 3. Service Type C�rtitied Mall ❑Express Mail 0 Registered ❑ Retum Receipt for Merchandise © Insured Mail ❑ c.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number TOOT �220 ���� 82�� 7��3 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Recelpt 10259&02•M-1540 UNITED STATES POSTAL. SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: i /% C�� ❑ Agent X f ❑Addressee B. R by (.Prin Atame) 77'. 1;.I rL.Ve-, C, Date of Delivery r -Z-c 1' D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type kDett ied Mail ❑ Express Mall ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (00711O220QQQQ,t8222i;2085 --` liansfer from service labeo l i 7L i �. PS Form 3811. February 2004 Domestic Retum.Receipt 1025s5-02-M-154c '�--UNITED:STATES POSTAL SERVICE • Sender: Please print your name, address, and ZlR+4^srr'tfiiis box •' NC DENR - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 Sw�o� o/Sd