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HomeMy WebLinkAboutSW8020302_HISTORICAL FILE_20180102STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD 0)634,)- u Weaver, Cameron From: Nick Garner <nick@ccrgnc.com> Sent: Tuesday, January 02, 2018 11:33 AM To: Weaver, Cameron _ _ __ _ __ _ _, Subject: [External] Gaurtn_ey Pines SW_ Permit..Renewal ? Attachments: Courtney Pines Stormwater Permit Renewal.pdf ---------------- CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Good Morning Cameron, I recently received an email from Todd Edmiston with CAMS Management Co. regarding an email he received from NCDEMLR for the Courtney Pines SW permit expiration. I have attached the renewal notification. From my understanding, this subdivisions SW permit is held by Coastal Carolina Developers, Inc. and the HOA is currently in court against the developers trying to work through some issues before the ownership transfer can proceed to the HOA. l am writing on behalf of CAMS and the Courtney Pines HOA to see what the HOA's responsibility is and who the contact person in NCDEMLR is for this subdivisions permit. Thanks so much! COASTAL CAROLINA RLSOUREE GROUP Nick Garner 2921 Blue Clay Rd, Castle Hayne, NC 28429 910.470.4225 nick@ccrenc.com �\a-yv- M r`'�g r� s Wd N 0 k GaIA I/ �/f q Ene►-gy. Min era! & Lund Resources ENVIRONMENTAL QUALITY November 29, 2017 cF,w 'l:lj ❑p,1) AAA I114 7008 0150 0002 2653 2398 R:F'1'URN RECE 'PT RE()UFST1JD Coastal Carolina Developers, Inc. Attn: Walter T. Nilson, Sr., President 1030 F. Wendover Ave. Greensboro, NC 27405-6712 Sub•iect: Notice oF.Permit .17(,xlension and .Renewal Request Slate Stormwater Management Permit No. SW8 (120302 Courtney fines Phase D New Hanover Countv Dear ivir. Wilson: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Dir'ecfar On September 28, 2016, the Division notified you via letter that the subject storrnwater management permit had expired and needed to be renewed. No reply to that letter has been received and the permit has expired. State Stormvvater Management Permit #SW8 020302 for the subject. project was last issued on June 28, 2002 to Coastal Carolina Developers, Inc and expired on June 28, 2016 as noted above. Per 15A NCAC 214.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at: $505.00. You are currently operating a storrtwater s}'stein without a valid permit, which is a violation of NCGS 143-215.1. In order to avoid enforcement action, please complete and submit a permit renewal application prior to January 31, 201.8. Please note that. the permit rene-wal request must. be accompanied by the required Designer's Certification and any recorded deed restrictions, as required by the permit and as applicable. Additionally, a review of the North Carolina Secretary of State corporation's database revealed that a new President of the corporation has been elected and the corporation contact information has changed. Please complete the Permit. Update Form to correct and confirm the new contact information. Please be advised that you are required to comply with the terms; conditions and limitations of the Stornwater Management Permit under Title 15A North Carolina Administrative Code 2N .1003 and North Carolina General Statute 143-214.7 until you submit a completed and signed required Permit Transfer application form to the Division and receive approval from the Division to transfer the permit.. This includes recording deer[ restrictions, limiting BUA, submitting the designer's certification; providing the necessary operation and maintenance of the permitted stormwater system and renewing the permit in a timely manner. The Permit Renewal application, the Permit Transfer application and the Permit: Update form can all be found at the following website under the Applications Forms section: hit s:/p /deg.nc.i)-ov/about/diN,isions/eiiei-,�,-mineral-land-resources/eiierhv-iiiiiiei-ai-lancl- perm its/storinwater-porn) its/t brims. State of North Carolina t Environmental QUA\- I Energy. Mineral and Sand Rt•suwrces Willningimi Rcyionai Office 1 127 Cardinal Drive Cmension i Wihningtun. NC 28405 910 746 715 State Storinwater Permit'No. SW8 020302 Pale 2 of 2 Please note that the operation of i.lte st.ormwater treatment system without a valid and active permit, and/or failure to provide the Designers Certification and/or failure to operate and maintain the storinwater system, are violations of .,,',CGS 143 Article: 21 and may result in appropriate enforcement action. If you have any questions regarding this matter; please contact Linda Lewis at (910) 796-7215 or via email at lir7tla.l���isiiitrrcdcnr•�,c}�. Sincera ly. � , .`�,-,�- Tracy Davis,, P.L. Director Division of l nergy, Mineral and Land Resources GDSIar1: GA\\Stormwaterll'er'inits & PTojects12002102030214D12017 1 1 req_ren 020302 cc: Courtney Pines Owners Association; Inc. c/o Dave Sweyer (1630 _% ilitary Cutoff Road Ste 108 Wilmington 28403) Wilmington Regional Office Permit File SlatyofKorIli Caiolina I I-nvircortmenlaIQuality IEnergy, hlincraland LatidResources Wilming:vn Region! office 1 127 Cardinal Drive Extension I Wilmington, NC 2.5405 9i07% 215 Business Registration Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE PO Box 29622 Raleigh,NC 27626-0622 (919)a14-5400 Click Were To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Coastal Carolina Developers, Inc. Business Corporation Information Account Login Create .site Account Sosld: 0180915 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 1/15/1986 Fiscal Month: December Registered Agent: Wilson, Walter T., Sr. Corporate Addresses Mailing: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Principal Office: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Reg Office: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Reg Mailing: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Officers President: Walter T. Wilson , Sr. 1030 E. Wendover Ave Greensboro NC 27407 Stock Class: COMMON Shares: 100000 Par Value: 1 https://www.sosnc.gov/Search/prolcorp/4796301 11 /28/2017 P• 1 cO (DomesticEIPT Coverage m or deliveryinformation� � mn 1 O OFFICIAL U �ti t� .0 Postage $ R" Certified Fee N O Retum Receipt Fee Postmark Here M O (Endorsement Requlred) Resin ded Delivery Fee M (Endorsement Required) Ill Total Prutage & Fees { - O v LA Pwd °yValfar? INi�j Sr. � ,� ........... - ................................ $iraeL Apt ivo.; or PO-B--N.- /a3v E. �� �F� -------------- BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Coastal Carolina Developers, Inc. SECRETARY OF STATE ID NUMBER: 0180915 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 12/31/2016 SECTION A: REGISTERED_AG.ENTS_INFORMATION. 1. NAME OF REGISTERED AGENT: Wilson, Walter T. , Sr. 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 1030 E. Wendover Ave rimcc, on ice use O❑ly E-Filed Anrual Report 0180915 CA201702000687 v2012017 01:50 n Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 1030 E. Wendover Ave Greensboro. NC 27405-6712 Guilford Countv Greensboro, NC 27405-6712 SECTION 8: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Developing/Sales 2. PRINCIPAL OFFICE PHONE NUMBER: (336) 275-1338 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 1030 E. Wendover Ave 1030 E. Wendover Ave Greensboro, NC 27405-6712 Greensboro, NC 27405-6712 SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Walter T. Wilson , Sr. TITLE: President ADDRESS: 1030 E. Wendover Ave Greensboro, NC 27407 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Waiter T. Wilson , Sr. SIGNATURE Form must be signed by an officer listed under Section C of this form, Walter T. Wilson , Sr. Print or Type Name of Officer 1 /20/2017 President This Annual Report has been filed electronically. MAIL TO: Seerelary of State, Corporations Division, Post Office Box 29525, Raleirh, NC 27626-0525 DATE Print or Type Title of Officer Business Registration Division Page I oC I North Carolina Elaine F. Marsha!! D EPARTVI ENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh,11C 27626-0622 (919)814-5400 Click Here To: View Document Filings Corporate Names Legal: COURTNEY PINES OWNERS ASSOCIATION, INC, Non -Profit Corporation Information Sosld: 0403615 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 8/12/1996 Registered Agent: Sweyer, Dave, Sr Corporate Addresses Reg Office: 1630 Military Cutoff Rd Suite 108 Wilmington, NC 28403 Reg Mailing: 1630 Military Cutoff Rd. Suite 108 Wilmington, NC 28403 Mailing: 2905 Market St New Hanover County Wilmington, NC 28403 Account Login Create -Site Account littps-.//,A,ww.sosne.gov/Searc,h/pro l7corp/5 013 616 I1/28/2017 Lewis,Linda From: Lewis,Linda Sent: Wednesday, November 29, 2017 9:25 AM To: 'ktjustice@thejusticefirm.com' Cc: 'Corkhill, Doug'; Weaver, Cameron Subject: Courtney Pines Ph 2 5W8 020302 Ms. Justice: I've been copied on your November 25, 2017 email to Cameron Weaver regarding the proposed Military Cutoff Road Extension project and its potential impacts to existing stormwater permits in the area for West Bay Estates and Courtney Pines. The attorney for the NCDOT (Doug Corkhill) came in several months ago and reviewed all the permit files to determine if the proposed road construction would impact any of the existing permitted stormwater systems. Based on those file reviews, and my review of the proposed route of the road extension on the NCDOT website, and discussion with Mr. Doug Corkhill, I offer the following observations: 1. The long, skinny pond off of Torchwood Blvd, behind Steele Loop is in the process of -being modified by the Division. 2. The proposed road does not appear to impact any of the existing stormwater ponds or swales that are currently permitted under any of the Courtney Pines or Whitney Pines permits. Therefore, no modifications to any of those existing permits is needed. Please remember that the stormwater rules do not deal with drainage or flooding, and the NCDOT is exempted from the requirement to submit their road plans to DEMLR for permitting. Therefore, there is nothing that DEMLR can require to be reviewed or approved in regard to the road itself or to any drainage impacts associated with that road, other than the known impacts to permitted stormwater measures already under review. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis 5ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 -��-"Nothing Compares_-.� l 3 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Weaver, Cameron To: Keenya Justice Cc: Scott, Georgette Subject: RE: [External] High Density 02 SW8020302 - Courtney Pines Hi Ms. Justice. I am not aware of any correspondence with NCDOT concerning changes to be made by them to the drainage systems that will impact the State Stormwater Permitting for Courtney Pines in New Hanover Co. But by copy of this email, l am alerting the State Stormwater Permitting Supervisor that you have questions about the DOT improvements negatively impacting the Stormwater system. If you have a contact with NCDOT, I would appreciate having their information as we work to resolve any potential issues. Cameron Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7303 NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEACS NEW WEBSITE: http://deg.nc.gov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Keenya Justice[madto:ktjustice@thejusticefirm.com] Sent: Saturday, November 25, 2017 5:49 PM To: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: [External] High Density 02 SW8020302 - Courtney Pines CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Good Morning Mr. Weaver, I hope you had a great Thanksgiving. I read through the requirements of the above -mentioned permit that was issued to Courtney Pines and I have several questions about it because the DOT is making changes to the drainage system. My understanding is that no changes can be made unless they are first cleared by DENR. Did the DOT contact your office about the changes it is proposing? I don't want the burden to fall on my client, the volunteer board members, to figure out what they need to do to remain compliant. Would you please call me to -discuss when your time permits (pun intended)? Sincerely. Kee nya T. Justice. Esq., M.B.A. kepresenting Victims 01'ianinem Domal Condemnation/Eminent Domain Law 100 North Tryon Street, Suite 6220-397 Charlotte, North Carolina 28202 Phone: (704) 377-4747 Fax: (704) 376-1315 kt'iustice@thelusticefirm.com www.theiusticefirm.com Follow us on Twitter QJusticeFirm Confidentiality Notice: If you are not the intended recipient of this message, you are not authorized to intercept, read, print, retain, copy, forward, at disseminate this communication, This communication may contain information that is proprietary, attorney/clicnt privileged or attorney work product. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please notify the sender immediately either by phone (704-377-4747) or by return e-maif and destroy all copies of this message (electronic, paper, or otherwise). Do not forward this message without permission. Weaver, Cameron From: Keenya Justice <ktjustice@thejusticefirm.com> Sent: Monday, October 09, 2017 9:08 AM To: Weaver, Cameron Subject: [External] Thank You CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the attachment and content are safe. Send all suspicious email as an attachment to report.spam@nc.gov. Good Morning Cameron, Thank you so much for your assistance today. My office contact information is below. And my cell number is 704-236- 5749. Sincerely, Keenya T. Justice, Esq., M.B.A. V 1. tlt,\l.:I.� Rrpr�titnting 1'i,ii�n� flrF.min_rn Ikim, is Condemnation/Eminent Domain Law 100 North Tryon Street, Suite B220-397 Charlotte, North Carolina 28202 Phone: (704) 377-4747; Fax: (704) 376-1315 www.thelusticefirm.corn Confidentiality Notice: If you are not the intended recipient of this message, you are not authorized to intercept, read, print, retain, copy, forward, or disseminate this communication. This communication may contain information that is proprietary, attorney/client privileged or attorney work product. The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please notify the sender immediately either by phone (704-377-4747) w by return a -mail and destroy at copies of this message (electronic, paper, or otherwise). Do not forward this message without permission, 1�. Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY September 28, 2016 Walter T. Wilson, Sr., President Coastal Carolina Developers, Inc. 1030 E. Wendover Ave. Greensboro, NC 27405-6712 Subject: Notice of Permit Extension and Renewal Request State Stormwater Management Permit No. SW8 020302 Courtney Pines Phase H-SW New Hanover County Dear Mr. Wilson: PAT McCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified, transferred, or renewed. Please note that this letter references DEMLR as.the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, this permit, which was set to expire on June 28, 2012, shall now be effective from the date of issuance until June 28, 2016, which includes all available extensions. State Stormwater Management Permit 4SW8 020302 for the subject project was last issued on June 28, 2002 to Coastal Carolina Developers, Inc and expired on June 28, 2016 as noted above. Per 15A NCAC 21-1.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. Please complete and submit a renewal application prior to October 31, 2016. The renewal application can be found at the following website under the Applications Forms section: permits/stoi-m�vater-perrfiits/forms. Please note that if they have not already been submitted to the Division, the permit renewal request must be accompanied by the required Designer's Certification and the recorded documents (if applicable). ' Additionally, a review of the North Carolina Secretary of State corporation's database revealed that a new President of the corporation has been elected and the corporation contact information has changed. Please complete the enclosed Permit Update Form to correct your contact information. Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7 until you submit the required Name/Ownership Change Form to the Division and receive approval from the Division to transfer the permit. This includes providing the necessary operation and maintenance of the permitted stormwater system. The Name/Ownership Change Forms are available on our website at: litips://deq.nc.gor/about/divisions/energy-mineral-laiid- resources/ener�v-mineral-land-Derr►-tits/stortn��ater-hermits/l��rms. state of North Carolina I Environmental Quality I Energy. Mineral and Land Rc sources Wilmington Regior&W Office 1 127 Cardinal Drive Extension I Nilmingtort NC 28405 910 796 7215 Mate ttormwater t'c it No. ZS W x U1U3U2 Page 2 of 2 The operation of the storrnwater treatment system without a valid and active permit, and/or failure to provide the Designer's Certification and/or failure to operate and maintain the stormwater treatment system, are violations of NCGS 143 Article 21 and may result in appropriate enforcement action. If you have any questions regarding this matter, please contact Christine Hall at (910) 796-7215 or christine.hall@ncdenr.gov. Sincerely, Tracy Davis, P.E. Director Division of Energy, Mineral and Land Resources Enclosure: Permit Update Form GDS/canh: 0Stormwater\Permits & Projects120021020302 HD12016 09 req_ren 020302 cc: Wilmington Regional Office File State of North Carolina � Environmental Quality j Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension i Wilmington, NC 28405 W 796 7215 9/28/2016 Corporations Division North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Coastal Carolina Developers, Inc Business Corporation Information Account Login Register Sosld: 0180915 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 1/15/1986 Fiscal Month: December State of Incorporation: NC Registered Agent: Wilson, Walter T., Sr. Corporate Addresses Mailing: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Principal Office: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Reg Office: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Reg Mailing: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Officers President: Walter T. Wilson , Sr. 1030 E. Wendover Ave Greensboro NC 27407 Stock Class: COMMON Shares: 100000 Par Value: 1 hdps:llwww.sosnc.gov/SearctVprotcorp/4796301 111 BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Coastal Carolina Developers, Inc. SECRETARY OF STATE ID NUMBER: 01$0915 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 12/31/2015 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Wilson, Walter T. Sr. 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 1030 E. Wendover Ave E-Filed Annual Report 0180915 CA20160430062.9 211212016 12A9 n Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 1030 E. Wendover Ave Greensboro, NC 27405-6712 Guilford County Greensboro, NC 27405-6712 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Developing/Sales 2. PRINCIPAL OFFICE PHONE NUMBER: (336) 275-1338 3. PRINCIPAL OFFICE EMAIL: privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 1030 E. Wendover Ave Greensboro, NC 27405-6712 SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Walter T. Wilson , Sr. NAME: TITLE: President TITLE: ADDRESS: 1030 E. Wendover Ave Greensboro, NC 27407 ADDRESS: 5. PRINCIPAL OFFICE MAILING ADDRESS 1030 E. Wendover Ave Greensboro. NC 27405-6712 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a persontbusiness entity. Walter T. Wilson , Sr. 1 2/12/2016 SIGNATURE DATE Form must be signed by an officer listed under section C of this form. Walter T. Wilson, Sr. Print or Type Name of Officer President Print or Type Title of Officer This Annual Report has been filed electronically. MAIL TO: Secretary of Slate, Corporations Division, Post Office Box 29525. Raleigh, INC 27626-0525 ggPikk Y BUSINESS CORPORATION ANNUAL REPORT e 7 Y Pt NAME OF BUSINESS CORPORATION: Coastal Carolina Developers, Inc. FISCAL YEAR ENDING: 1213112014 SECRETARY OF STATE CORPORATE 11) NUMBER: 0180915 NATURE OF BUSINESS: Real Estate DevclopinglSales REGISTERED AGENT: Wilson, Waller 7: Sr. REGISTERED OFFICE MAII..ING ADDRESS: 1030 E. WendoverAve Greensboro, NC 27405-6712 E-Filed Atmual Report 4796301 Do not data enter manually. STATE OF INCORPORATION: NC REG1STlEREI) OFFICE STREET ADDRESS: 1030 E. WendoverAve Greensboro, NC 27405-6712 Gui yhrd Count), PRINCIPAL OFFICETELEPHONE NUMBER: (336) 275-1338 PRINCIPAL, 01-FICE MAILING ADDRESS: 1030 E. Wendover Ave Greensboro, NC 27405-6712 PRLNCIPAI, OFFICE STREET ADDRESS PRINCIPAL OFFICERS: Name: Waller I' Wileou Sr 7l11e: pres7de171 Acldress: 1030 E. Wenclover Ave Greensboro, NC 27407 1030 E. Wenclover Ave Greensboro, NC 27405-6712 CERTIFICATION OF ANNUAL REPORTMUSTBE COMPLETED BY ALL 1313STNESS CORPORATIONS Walter T Wilson Sr FORM MUST BE SIGNED BY AN OFFICER OF THE CORPORATION Walter"T Wilson Sr 3/1812015 DATE= President TYPE OR PRINT NAMI' TYPE OR PRINT'rITLE ANNUAL REPORT FI:E: 1--Paid MAIL TO: Secretary of State • Corporations Division • Post OfPiee Box 29525 • Raleigh, NC 27626-0525 Corporations Division Page 1 of 2 �►'' °�a► North Carolina Elaine F marshgil DEPARTMENTOF11TIE r: Secretary SECRETARY of STATE sP PO Don 29M IaId9h. INC 3762 22 (319)647-2MO Due to scheduled electrical maintenance by State Facilities Management, our website data will be unavailable from 7 AM 12/19/15 until the evening of 12/2011 S. Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Coastal Carolina Developers, Inc. Business Corporation Information Sosld: 0180915 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 1/15/1986 Fiscal Month: December State of Incorporation: NC Registered Agent: Wilson, Walter T., Sr. Corporate Addresses Mailing: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Principal Office: 1030 E. Wendover Ave Greensboro, NC 27406-6712 Reg Office: 1030 E. Wendover Ave Greensboro, NC 27405-6712 Reg Mailing: 1030 E. Wendover Ave Greensboro, NC 27405-6712 16111 7 President: Walter T. Wilson , Sr. 1030 E. Wendover Ave Greensboro NC 27407 Stock Class: COMMON Shares: 100000 Par Value: 1 http://www.secretary.state.ne.us/Search/profcorp/4796301 12/11/201 S Corporations Division Page 1 of 1 Norlh Caraiina Elaine F marshals DEPARTMENT T' oF " Secretary SECRETARY OF 'I FAO Sox 29M Raleigh, NC 2762+6-M (9( Due to scheduled electrical maintenance by State Facilities Management, our w. will be unavailable from 7 AM 12/19/15 until the evening of 12120A Click Here To: View Document Filings Corporate Names Legal: SARATOGA PLACE AT HIDDEN POINTE OWNERS ASSOCIATION Non -Profit Corporation Information Sosld: 0862771 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 8/22/2006 Fiscal Month: December State of Incorporation: NC Registered Agent: Grathwol, Robin Corporate Addresses Mailing: 2905 Market Street Wilmington, NC 28403 Principal Office: 2905 Market Street Wilmington, NC 28403 Reg Office: 2905 Market Street Wilmington, NC 28403 Reg Mailing: 2905 Market Street Wilmington, NC 28403 http://www.secretary.state.nc.us/Search/profcorp/8027843 12/11 /2015 Corporations Division Page l of 1 North Carolina Ejair a FMarStraj# DEPARTMENTof . Secretary SECRETS of '1 IPO Box 291022 Raleigh, NC 2762&0&U (gr Due to scheduled electrical maintenance by State Facilities Management, our w, will be unavailable from 7 AM 12/19/15 until the evening of 121201 Click Here To: View Document Filings Corporate Names Legal: The Sanctuary at Hanover Reserve Homeowners Association, Inc. Non -Profit Corporation Information Sosld: 1348879 Status: Current -Active Annual Report Status: Citizenship: Domestic Date Formed: 11/21/2013 Fiscal Month: State of Incorporation: NC Registered Agent: Grathwol, Robin Corporate Addresses Principal Office: 6218 Ingleside Drive Wilmington, NC 28409 Reg Once: 6218 Ingleside Drive Wilmington, NC 28409 Reg Mailing: PO Box 1490 Wrightsville Beach, NC 28480 Mailing: PO Box 1490 Wrightsville Beach, NC 28480 http://www.secretary.state.ne.us/Smch/profcorp/ 10392191 12/ 11 /2015 Corporations Division Page 1 of 1 North Carolina Elaine F marshap DEPARTMENTOF THE Secretary SECRETARY OF STATE APO Son 29M Raleigh, NC 276264M 019)507-2000 Due to scheduled electrical maintenance by State Facilities Management, our website databa will be unavailable from 7 AM 12/19/15 until the evening of 12/20/15. Robin D Grathwol is the registered agent for the following entities: Entity Name Sosld Type Status Date Formed Online Ani Report Grathwol Property Holdings LLC 0599110 Limited Liability Current -Active 7/27/2001 12:00:00 File Report Company AM GRRG Productions of NC, Inc. 1340161 Business Corporation Current -Active 9/27/2013 12:00:00 AM File Report HANOVER LAND, LLC 07005051 Limited Liability Current -Active 11/26/2003 File Report Company 12:00:00 AM LEGACY GROUP HOLDINGS, 1266113 Limited Liability Current -Active 6/25/2012 12:00:00 File Report LLC Company AM LISPCOMB ROAD 1387385 Business Current -Active 6/27/2014 12:00:00 File Report DEVELOPMENT, INC Corporation AM Shields Place, LLC 1267102 Limited Liability Current -Active 7/2/2012 12:00:00 File Report Company AM Terra Holding Company, Inc. of 1340146 Business Admin, 9/27/2013 12:00:00 NC Corporation Dissolved AM Towles Land Holdings, LLC 1252767 Limited Liability Current -Active 4/3/2012 12:00:00 File Report Company AM http://www.secretary.state.nc.us/Search/RegAgent/7074419 12111 /2015 *19� r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins . Governor Director August 11, 2011 Mr. William Grathwol, President Coastal Carolina Developers, Inc. S P.0-$ox3403 2 9 bs 1112 Q r Wilmington, NC 28406 Z j' �/,q -3 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 020302 Courtney Pines Phase 11 New Hanover County Dear Mr. GrathwoL Dee Freeman Secretary The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 020302 to Coastal Carolina Developers, Inc, for a High Density project on June 28, 2002. This permit expires on June 28, 2012. Per 15A NCAC 21-1.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application prior to Debember 28, 2011. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit, Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed, This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation: If you have not already provided a Designer's Certification to our office, please include a copy with your permit renewal request and processing fee. A copy of the certification form is enclosed for your convenience. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at (910) 796-7318. Sincerely, Georgette Scott Stormwater Supervisor GDSIdwc S:IWQS1StormwaterlPermits & Projectsl20021020302HD12011 08 req_ren 020302 cc: Wilmington Regional Office File encl. Wilmington Regional Office One 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCarojina Phone: 910-796-7215 4 FAX: 91 0-350-20C4 1 Customer Service: 1-877-623-6748 �q/�7 Internet: www.ncwalerquality.org . VL.tur,711lt A Equal Oppcmn1ty 4 Affirmative Action Employer pyPAATj{� �.. BUSINESS CORPORATION ' P ANNUAL REPORT NAME OI, BUSINESS CORPORATION: Coaslal Carolinna Developers, Inc, FISCAL YEAR ENDING: 2010 SI::CRI'--'I'AIZY OF S7'A"rE COI2PORA'I'E ID NUMBER: 0180915 NATURE OF BUSINESS: Real Estate Developinng/Sedes R} GIS"rERED AGENT: Skinner, B Leon lZIiGlSTIilZI=D OFFICE MAI}.ING ADDRL'SS: 29051farket St Ii'ihnninngtonn, NC 28403.1221 F.-Filed Annual Report -1-0-4796301 For year 2010 Do not data enter manually. STATE OF INCORPORATION: MC RI GIST1IZl"sD OhF[CE S"rRIE'I' AD]]RF.SS: 2905 ,Market St. Wilmington, NC 28403 All County PRINCIPAL OFI-ICE'IELEPF}ONE NUMBER: (910) 763-3469 PRINCIPAL, OFFICE' MAILING ADDREISS: 2905Akirkel St. Il"ilmirngtoni, MC 28403 PRINCIPAL 01,F1CI STREI 1' ADDRESS: PRINCIPAL OFFICERS: Mime: B. Leon Skinner 1'rlle: President Address: 301-cr,V. Greenmeadotitis Drive 1Vi1111inkron, 1VC 28405 2905,1larket S1 Ilrnlmnnnglonn, NC 28403-1221 CERTIFICATION 01: ANNUAL REPORT MUST BE COMPLETED 13Y ALL MJSW--3SS CORPORATIONS 13. lawn Skinner 02/18/2010 FORAM MUST HE SIGNED BY AN OFFICER OF TJ IE CORPORATION 13. Leon Skinner DATE President TYPF OR PRINT NAME TYPE OR PRINT TITLE ANNUiU, REPORTFEE: $18 HAIL TO: SiXfdary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 P. 1 FILE MODE - 994 MEMORYTX COMMUNICATION RESULT REPORT ( JUL.14.2006 2.46PM )* TTI NCDENR WIRO RESULT PAGE ---------ADDRESS (GROUP) _ --- OPTION ------- ------------- ------------------- ---- OK P. 2/2 --------- 92544715 ----REASON FOR ERROR E-3) NoNRNSWERR LINE FAIL E-2) BUSY E-4) NO FACSIMILE CONNECTION — State of North Carolina Department of Enviroament and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 1� 1 � No. Of Pages: (excluding cover) To: - mjAl 6j From: 6*M3 _ %cco _ w CO: CO: NC DENR FAX #: (Ate 5K- 4715 FAQ#: 910-350-2004 t 127 Cardinal Drive Exiensfon, WllrnIngton, N.C. 28405-3849 Telephone (910) 796-7215 Fax (910) 330.2004 An Equal Opportunity Affirmative Actlon Employtr A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office in writing before June 19, 2006 of the specific actions that will be undertaken and the time frame rtan��irrri to rnR� +hn a„ - r 51�.+�►nC.r� �/►� ! �q� tip• +� 284 ki W O V J t7 LA N AF�Vw fx 0 a r. St�-h -I,sz (Ql 1) F. SOS I D: 0180915 Date Filed: 8/1/2005 10:54:00 AM Elaine F. Marshall .� CD-479 50) Business Corporation Use this form only i North Carolina Secretary of State .1► 9.19 North Carolina Annual Report Contact the North G 2005 213 00254 an Annual Report f 1 Liability Partnershi Name of Corporation: COASTAL CAROLINA DEVELOPERS, INC. State of Incorporation: NC Fiscal Year Ending: 12/31/04 Monlh/DayNear Secretary of State Corporation ID Number; 0180915 Federal Employer ID Number: 56-1507216 If this Is the initial annual report tiling, you must complete the entire form. If your business corporation's information has not ❑ charlged since the previous report, check the box and complete Line 7 only ............... I Registered agent and registered office street address: (Must be a North Carolina Address) Name: B. LEON SKINNER Street Address: 301-A N. GREENMEADOWS DRIVE City, Stale, Zip Code: WILMINGTON NC 28405 County: NEW HANOVER 2 Mailing address if different from street address: Mailing Address: 301-A N. GREENMEADOWS DRIVE City, State, Zip Code: WILMINGTON NC 28405 3 If registered agent changed, signature of new agent; (signature constitutes consent to the appomlmeni) 4 Enter principal office address and telephone number here: Street Address: 2905 MARKET STREET City, State, Zip Code: WILMINGTON NC 28403 Telephone: (910) 763-3469 5 Briefly describe the nature of business: LAND DEVELOPMENT 6 Enter name, title, and business address of principal officers here: Complete Form CD-479A to list additional principal officers Name: B. LEON SKINNER Address: 301-A N. GREENMEADOWS DR. City: WILMINGTON Name: Address: City: Title: PRESIDENT State: NC ZIP: 28405 Title: State: ZIP: Name: TOM WILSON Title: SECRETARY/TREASURER Address: 2905 MARKET ST. City: WILMINGTON State: NC ZIP: 28403 7 Certifica n of annual report (Mu e c leted by all corporations). 7 Xre Signature (Form must be signed by an officer of Corporat ) Dale �i1i [, r� 2 1 lLSo SG`Z ��Sv�IE'Itrz Type or Pnnt Name Title NCCZ0501 09/24103 Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT of TI-IE Secretary SECRETARY of STAVE Corporations •Corporations Home *Important Notice "Corporate Forms/Fees *Corporations FAQ *Tobacco Manufacturers *Dissolution Reports *Non -Profit Reports *Verity Certification "Online Annual Reports •KBBE B213 Annual Reports Links *Secretary Of State Home *Register for E-Procurement "Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries *Annual Reports 1997 OCorporations 1997 100ther Legislation Search "By Corporate Name •For New Corporation "By Registered Agent Online Orders "Start An Order ONew Payment Procedures Contact Us *Corporations Division OSecretary of State's web site Print "Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 515I2006 Click here to: View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I File an Annual 2-1 Report I Corporation Names Name Name Type NC Coastal Carolina Legal Developers, Inc. Business Corporation information SOSID: 0180915 Status: Current -Active Date Formed: 1/15/1986 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address Principal Office Address: Principal Mailing Address: Stock Skinner, Leon B 301-a N. Greenmeadows Drive Wilmington NC 28405 301-a N. Greenmeadows Drive Wilmington NC 28405 2905 Market St Wilmington NC 28403-1221 PO Box 3403 Wilmington NC 28406 Class Shares No Par Value Par Value COMMON 100000 1 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.ne.us/Corporations/Corp.aspx?PltemId=4796301 5/5/2006 Mrs, Valerie Helton Courtney Pines 140A 7205 Grizzly Bear Court Wilmington, NC 28411 Subject: Dear Mrs. Helton: Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 19, 2005 Counrtney Pines Phase II Stormwater Permit No. SW8 020302 New Hanover County As of this date December 19, 2005, the 3 stormwater ponds at Courtney Pines Phase II have not been formally inspected by this office. Accordin to Section 1� number 16 of the stormwater permit that was issued to Mr. William Grathwol Coastal Carolina Developers, Inc.) the ponds must first be inspected by personnel of this office before the stormwater permit can be transferred. The stormwater management systems for this project must also be certified by the project engineer and a copy of the recorded deed restrictions must be sent to this office. To request an official inspection of the ponds, please call me or other personnel from the DWQ office in Wilmington. (910) 796-7215 Thank You, Gary Beecher Environmental Technician EB/ghb-.S:IWQSISTORM WATER120051020302.Dec05 N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1-877-623-6748 NZCDEN.R • Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Complaint/Emergency Report Form Wilmington Regional Office Date Received: SMI Time: lVop Report Received From: AAAv 36�0%1% . Agency: How& wrticr (2 t*%j#,eAAeSj Pk -VC. 3 If Telephone Number (s): (!kio) 961-4159 Location of Problem: Complaint/Problem: s719'rm k/^& Dowd d(O" nef ot.r►.a■i Date of Investigation: DcT ZU_ Zest Time Investigated: :ao Investigation Details: plw�t tie. Gs �!1c. ho,",e. Dc,.ywe 7 -- . ® Investigator: N. C. Division of Water Quality Wilmington Regional Office Date: D&T ZD_ 200( 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington, NC 28405 (910) 350-2004 Fax 1-877-623-6748 ANC1)Ei1R 4 �� . .ice. •.. � 'y ,�y t. •1 �� ' 'i i� y Date Received Fee Paid i Permit Number 3 ''1-00 2— 2ti. ' /-A _-) 4 1 c, A [Ja D.?n2 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form pray be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc, who owns the project): Coastal Carolina Developers. Inc. 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): William Grathwol / President 3. Mailing Address for person listed in item 2 above: P.O. Box 3403 City: Wilmin on State: NC Zip: 28406 Telephone Number: 910-762-8316 4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Courtney Pines Phase II 5, Location of Project (street address): intersection of Maple Ridge and Rabbit Hollow City: Wilmington County: New Hanover 6. Directions to project (from nearest major intersection): From the intersection of NCHM 17 & Gordon Road travel west on Gordon Road to the intersection with White Road. Turn right on White Road for approx. 3.5 miles. Site will be just past Rabbit Hallow on left_ 7. Latitude : N 34Q 17' 30" Longitude: W 770 49' 15" of project 8. Contact person who can answer questions about the project: Name: Charles D. Cazier Telephone Number: 910-763-5100 IL PERMIT INFORMATION: 1. Specify whether project is (check one): X New Form SWU-101 Version 3.99 Page 1 of 4 Renewal Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list The existing permit number and its issue date (if known) 3. Specify the type of project (check one): Low Density X_ High Density Redevelop _ General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404//401 Permit NPDES Storinwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-977-623-6748. Ill. PROJECT INFORMATION 1. In the space provided below, summarize how stonn-,%,ater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. treated in three separate wet detention poonds 2. Stormwater runoff from this project drains to the - Cape Fear River basin. 3, Total Project Area: 19.49 acres 5, Flow many drainage basins does the project have'? 3 4. Project Built Upon Area: 33.75 %. 6. Complete the following inforniation for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. m .......... Receiving Stream Name Smith Creek Smith Creek Smith Creek Smith Creek Receiving Stream Class C-SW C-SW C-SW C-SW Drainage Basin Area 19.49 ac 7.13 ac 6.97 ac 5.38 ac Existing Impervious Area - - - - Proposed Impervious Area 6.58 ac 2.62 ac 2.07 ac 1.89 ac % Impervious* Area (total) 33,75% 36.75% 29,7% 35,0% ................ -, 1 . .... . ... .......... ......... 111, . ' 11 M. On -site Buildings 199,500 sf 84,000 sf 59,500 sf 56,000 sf On -site Streets 87,013 sf 30,089 sf 30,815 sf 26,073 sf On -site Parking On -site. Sidewalks Other on -site Off -site Total: E=286,513 sf I 1=1 14,089 sf E=90,351 sf 82,073 sf * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas sidewalks, gravel areas, etc. Form S WU- 10 1 Version 3,99 Page 2 of 4 How was the off -site impervious area listed above derived'? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable buiit-upon area for each lot must be provided as an attachment. 1. The fallowing covenants are intended to ensure ongoing compliance with stale stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2 No more than square feet of any lot shall be covered by structures of impervious materials. Impervious materials include asphalt, gravel, concrete, brick stone, slate or similar material but do not include woad decking or the water surface ofs wimming pools. 3. Swales shall not be filled in, piped or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a slate s tormwaler management permit modification prior to construction. 3. A11 permitted rurnfffrom outparcels or future development .shall he directed into the permilted.stormwater control system. These connections to the stormwater control.system shall be performed in a manner that maintains the integrity and performance r f the system as permitted By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement forn(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (910) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU404 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 V1. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Applicant's Initials • Original and one copy of the Stormwater Management Permit Application Fonn • One copy of the applicable Supplement Form(s) for each BMP GpG_ • Permit application processing fee of $420 (payable to NCDENR) _ !�Zp.e. • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number and date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Tri En neerin P.C. Mailing Address: 419 Chestnut Street City: Wilmington State: NC Zip: 28401 _ Phone: _(910) 763-5I00 Fax: (910) 763-5631 Vlll. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) William Grathwol certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Signature: �LDate: /Q Form S WU-101 Version 3.99 Page 4 of 4 State Stormwater Management Systems Permit No. SW8 020302 .F 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 Coastal Carolina Developers;,lnc: Courtney Pines Phase-11a .', . New Hanover County t•': FOR THE construction, operation and maintenance of three 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 June 28, 2012 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 57 lots, each allowed 3,500 square feet of built-upon°area. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. � s . 4. This pond must be operated with a 30' vegetated filter.' 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. 2 State Stormwater Management Systems Permit No. SW8 020302 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Courtney Pines Phase II Permit Number: SW8 020302 Location: New. Hanover.County Applicant: Mr. William Grathwol, President Mailing Address: Coastal Carolina Developers, Inc. PO Box 3403.;'. Wilmington, NC 28406 Application Date: June 26, 2002 - Name of Receiving Stream / Index 4: Smith Creek 1 18-74-63 Classification of Water Body: "C Sw" Design Storm: 1 inch Pond A Pond B Pond C Pond Depth, feet: 5.5 5 5.5 Permanent Pool Elevation, FMSL: 35 35 36 Drainage Area, acres: 7.13 .6.97 5,38 Total Impervious Surfaces, ft2: 114,089 . ..90,351 82,073 57 lots at 3,500 ft2: 84,000 ".` �-" ."59,500 56,000 Roads/Parking, ft2 30,089.:.. ' 30,815 26,073 Offsite Area entering Pond, ft2: none, per'Erigineer Required Surface Area, ft2: 7,202 ';; 6,683 5,152 Provided Surface Area, ft2: 8,095 7,626 6,173 Required Storage Volume, ft3: 12,780 11,086 9,374 Provided Storage Volume, ft3: 14,654 11,818 10,074 Temporary Storage Elevation, FMSL: 36.6 36.35 37.35 Controlling Orifice: 1.5" T pipe 1.5"cp pipe z 1.25"y pipe 3 .f State-Stormwater Management Systems Permit No. SW8 020302 I1. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) 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 ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below:_ '=6 s r. a. Any revision to the approved plans, regardlessoFsize. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built=upon area. C. Further subdivision, acquisition, or sale of`tk. prpjecf area. The project area is defined as all property owned by the permittee; fo_ r which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum regi[;*ements of the permit. Within the time frame specified in the notice, the permittee shall subnrt a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a.Certificate of Occupancy, and prior to operation of this permitted facility, a certification must' 6e,received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 4 State Stormwater Management Systems Permit No. SW8 020302 11. Decorative spray fountains will not be allowed in the stormwater treatment system 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. C. 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. 15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must fallow the form: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020302, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a berieficiary of these covenants to the extent necessary to maintain compliance with the St6fmi"water.Management Permit. C. These covenants are to run with the land and b'e l in'ding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not-be'altece'd or rescinded without the express written consent of the State of North Carolina,' Division of Water Quality. 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 3,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone'. slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be -subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain.to tfie street, grading the lot to drain toward the street, or grading perimeter swale's 'and -directing them into the pond or street. Lots that naturally drain into the system_ are not required to provide these measures. 5 State.Stormwatcr Management Systems Permit No. SW8 020302 16. Prior to transfer of the permit, the pond must be inspected •by DWQ personnel, and determined to be in compliance with all permit conditions. Any.items not in compliance must be repaired or replaced to design condition prior to'the,iransfer. Records of maintenance activities performed to date will be required. 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 bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of.this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS l . This permit is not transferable except after notice to 'arid`approval by the Director. In the event there is 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 froii `the'parties involved, including as may be required, but not limited to, a deed of trust, -recorde'd 'deed restrictions, Designer's Certification and a signed Operation and Maintenance'plan'.­The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with the terms and conditions ofthis permit until such time as the permit is reissued by the State to another responsible party. 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. ,1 ; 6. The permit may be modified, revoked and reissued or termihated for cause. The filing of a request for a permit modification, revocation and reiss'Uance;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. 6 State Stormwater Management Systems Permit No. SW8 020302 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 28th day of June, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 27 Alan W. Klimek,V"Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 020302 7 '. State Stormwater Management Systems Permit No. SW8 020302 Courtney Pines Phase I1 Page I of 2 Stormwater Permit No. SW8 020302 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL 1. State Stormwater Management Systems Permit No. SW8 020302 Certification Requirements:. Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built - upon area. 3. All the built -upon area associated with the project i's'graded such that the runoff drains to the system. .4. The outlet/bypass structure elevations are per the approved plan. .5. The outlet structure is located per the approved plans. b. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets.are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. .12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Tony Roberts, New Hanover County Building Inspections .a 9 Permit No. > U)% Q Z0 3 0 Z- (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a signed and notarized operation and maintenance agreement. 1. PROJECT INFORMATION (please complete the following information): Project Name: Courtney Pines Phase 11 Contact Person: Charles D. Cazier Phone Number: 910 7635100 For projects with multiple basins, specify which basin this worksheet applies to: 2 elevations Basin Bottom Elevation 29.5 ft. (floor of the basin) Permanent Pool Elevation 35.0 ft. (elevation of the orifice) Temporary Pool Elevation 36.6 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 8 095 sd.ft. Drainage Area Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SAIDA' Diameter of Orifice Design Rainfall Design TSS Removal2 7.13 ac 2.62 ac (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) 25 611cu.ft. (combined volume of twain basin and fore bay) 14.654 cu.ft. (volume detained above the permanent pool) 4 959 cu.ft. (approximately 20% of total volume) 2.32 (surface area to drainage area ratio from DWQ table) 1.5 in. (2 to 5 day temporary pool draw -down required) 1.0 in. 90 % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: 1. When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. 1_I. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the total basin volume. LAX_ c. The temporary pool controls runoff from the design storm event. C d. The temporary pool draws down in 2 to 5 days. WA e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations). CC;r, f. The basin length to width ratio is greater than 3:1. 4 g, The basin side slopes above the permanent pool are no steeper than 3:1. Cam_ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). GC�r i. Vegetative cover above the permanent pool elevation is specified. C:X j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. C[�! I. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified to be performed prior to use as a wet detention basin Cox_ m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet. This system (check one) ❑ does X does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4.125_ feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill ir1 the blanks) Permanent Pool Elevation 35.0 Sediment moval E1. 32.75 75 --------------- - Sediment Removal Elevation 30.875 75% Bottom evation 32.11 5'%o ------------------•---------------------------- --- Bottom Elevation 29.5 25°/� FOREBAY MAIN POND 5, Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6, if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent possible. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order, 1 acknowledge and agree by my signature below that 1 am responsible for the performance of the seven maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Mr. William Grathwol Title: President, Coastal Carolina Developers, Inc. Address: 2905 Market St. Wilmington, NC 28403 Phone: 910-762-8316 Signature: Date - Note: The The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, Della C. Baird a Notary Public for the State of North Carolina______, County of Pender , do hereby certify that William Grathwol personally appeared before me this g day of January __2002 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, `\```,11111111ifflfl�f�,/ y JBLIG " COUNT' "ffkfffI11111 \0 SEAL My commission expires 10-15-06 Form SWU-102 Rev 3.99 Page 4 of 4 9 • '�• •,��i�tLiJ!! r.t- Permit No. 96 -Lo 3 oat, (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a signed and notarized operation and maintenance agreement. I. PROJECT INFORMATION (please complete the following information): Project Name: Courtney Pines Phase Il Contact Person: Charles D. Cazier Phone Number: (910 ) 763 5100 For projects with multiple basins, specify which basin this worksheet applies to: 3 elevations Basin Bottom Elevation 30.0 ft. Permanent Pool Elevation 35.0 ft. Temporary Pool Elevation 36.35 ft. areas Permanent Pool Surface Area 7 626 sq.ft Drainage Area Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA' Diameter of Orifice Design Rainfall Design TSS Removal 6.97 ac. 2.07 ac. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the hasin) _22,072_ cu.ft. (combined vohime of main basin and forebay) _11,818 cu.ft. (volume detained above the permanent pool) 4,3.14_ cu.ft. (approximately 20% of total volume) 2.20 (surface area to drainage area ratio from DWQ table) 1.5 in. (2 to 5 day temporary pool draw -down required) I.0 in. 90 % (minimum 85% required) FormSWU-102 Rev3.99 Page 1 of 4 Footnotes: 1. When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2, to the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90°/� TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. ft. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). C&Q- b. The forebay volume is approximately equal to 20% of the total basin volume. T ��r c. The temporary pool controls runoff from the design storm event. Cr-:?-- d. The temporary pool draws down in 2 to 5 days. WA e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations). f. The basin length to width ratio is greater than 3:1. r;1:2C - g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). /'C�L i. Vegetative cover above the permanent pool elevation is specified. Cam_ j. A trash rack or similar device is provided for both the overflow and orifice. Cr -2—, k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. I. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified to be performed prior to use as a wet detention basin Cam_ m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet. This system (check one) ❑ does X does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed, 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.75 _ feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2,25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 35.0 Sediment 'oval El. 32.75 /71(,,Io___________Sediment Removal Elevation 31.25Bottom ovation 32.0 ----------------------------------------------J-2 5BottomElevation 30.0°/� F'OREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm_ 6. if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent possible. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. 1 acknowledge and agree by my signature below that 1 am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Mr. William Grathwol Title: President, Coastal Carolina Developers, Inc.___ Address: 2905 Market St. Wilmington, NC 28403 Phone: 910-702-83J 6 Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, _Della C. Baird _ , a Notary Public for the State of North Carolina , County of Pender , do hereby certify that William Grathwol personally appeared before me this day of _January�_� _2002, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires 10-15-06 Form SWU-102 Rev 3.99 Page 4 of 4 1'. C&irtncy5'hws Phase 11 Subject: Courtney Pines Phase II Date: Tue, 23 Apr 2002 14:51:35 -0400 From: Noelle Lutheran <Noel le. Lutheran@ncmai 1. net> To: trippeng@worldnet.'att.net Mr. Cazier, The Wilmington. Regional Office has received and completed the initial review on Stormwater Project Number SW8 020302, Courtney Pines Phase IL We are now requesting that the required deed restrictions required by the SW Permit are at least drafted if not recorded in the Declaration of Covenants and Restrictions for the subdivision. Please provide a copy of this document so that we can proceed with the permitting process. I have included, below, the required language. Please make sure Section 1, 1-5 under For All Projects, and Section V, 1-2 under For High Density or Residential Projects are included. Thank you. Sincerely, Noelle Lutheran IN(~ORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for certain developments where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" surface area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants must be recorded prior to issuing the Stormwater Management Permit: I. For All Projects: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000, 2, The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. "These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. II In addition to all 5 above, restrictions for Low Density Subdivisions 1. The maximum allowable built -upon area per lot is square feet. This allotted amount 1 of 3 4/30/2002 2:17 PM Courtney Pines Phase II 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 2 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 3. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. 4. All roof drains shall terminate at least 30' from the mean high water mark of surface waters. IH In addition to all of the above, these restrictions apply if a low density subdivision has curbs and gutters: 1. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. 2. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover. IV In addition to the above, this restriction applies if any lots lie within CAMA's ACC: 1. "Lots within CAMA's Area of Environmental Concern may have the permitted maximum built -upon area reduced due to CAMA jurisdiction within the AEC." V For High Density Residential or Commercial Subdivisions: (In addition to I-1 through I-5) 1. The maximum allowable built upon area per lot is 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. 2. All runoff from the built -upon areas 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 to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. VI I'or Shopping Centers with outparcels or future development: (In addition to 1-1 through I-5) 1. The maximum built -upon area for outparcel(s) and future areas shown on the approved plans is square feet. This allotted amount includes any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the 2 of 3 4/30/2002 2:17 PM COUNROY Pines Phase 11 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. 2. The runoff from all built -upon area on the outparcel or future area must be directed into the permitted stormwater control system. 3. Built -upon area in excess of the permitted amount will require a permit modification. 4. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. S. If the outparcel or future area is sold, the purchaser must submit a separate stormwater permit application prior to construction. Noelle Lutheran <Noelle. Lutheran a,ncmail.net> 3 of 3 4/30/2002 2:17 PM TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 April 24, 2002 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Noelle Lutheran Re: Courtney Pines Phase D New Hanover County, NC TE 01049 Dear Noelle: API; z 2g02 DIVISION OF Lj Gy Per your request, please find enclosed two (2) sets of revised plans, a revised page 2 of the stormwater application, a revised page 1 of the wet detention basin supplements for ponds A and C, and two (2) sets of calculations for the above referenced project. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering, P.C. Charles D. Cazier, E.1. CDC:dcb Enc. TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5a,00_.^_.1?A1:_(9JO)_7-63-5631 F,CEIVED MAR 0 5 zoo2 March 4, 2002 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Courtney Pines Phase ❑ New Hanover County, NC TE 01049 Dear Linda: Enclosed please find two (2) sets of plans, one (1) signed original and one (1) copy of the application form with narrative, three (3) wet detention basin supplements, two (2) sets of calculations and one check for the application fee. Please review for approval and contact us with any questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. ae� Charles D. Cazier, EA. CDC:dcb Enc. Iq V c� C�1 ci z N W CL O tsJ W A a z J O 4 C.� J Q h N Q O C.� 1 March 5, 2002 Stormwater Narrative Courtney Pines Phase 11 New Hanover County, NC TE 01049 Courtney Pines Phase 11 is a residential subdivision with a total tract area of 19.49 acres. Stormwater will be handled by three ponds sized to meet both the State's V and the New Hanover County pre -post requirements. Stormwater is routed to the ponds via closed pipe systems. Within the tract, 57 lots at 3,500 sf each and 87,013 sf of asphalt pavement are proposed. The total site impervious area is 33.75%. The overall subdivision will be considered high density treated by wet detention. Runoff from this site drains to Smith Creek, classification C-SW. 4123102 CDC 01049 Stormwatcr Calculations Total Drainage Area ft. acres 310,447 7.13 Impervious Area Land Use s . ft. acres buildings 84.000 1.93 arkin 1as halt 30.089 0.69 sidewalk 0 0.00 Total 114,089 2.62 Stormwater Calculations: Time of Concentration: Hydraulic Length (L) = 1,300 ft. change in Height (H) = 4.5 ft. Tc = (L' IH)� 1 128 17.29 min. Flow for 10 year, 6 hour Storm (010) QPgr = (CPRE) x (110) x (Area) 11.22 cfs QPosT = (CPosT) x ()1a) x (Area) 22.90 cfa Soil Storage Capacity for 10 year Storm: CN = (98)(% imp.) + (45�(1-% imp.) - 65 P = 4.82 in. forl Oyr, 6 hr storm S= 1000ICN-10 5.38 Depth (D)= [P-(0.2)(S)]2 1 IP+(0.8)(S)] 1.53 in. Time to Peak Flow: TP = [(43.5)(D)(Area)] I O2.Posr 20.78 min. Detention Pond Design: Pond Size: Eievation ft. Surface Area (sq. ft. Normal Pool 35.00 8,095 Flood Pooi 36.60 10,223 'Top of Bank 41.00 16,821 Bottom of Pool 29.50 1,218 Provided Storage Volume: Vol_ = [(Normal pool $A + Flood Pool SA) i 2] x (F.P. elev. - N.P. eley.) 14,654 cu. ft, �\1CARf OZ/ •CL S73i4 "°y'• FNG INF`` �Q G R EG') 717111/I I I I I I h11110 96 impervious = 0.367 = 36.7% say 37,0% CPRE = 0.25 CPosT = (% imp.)(.95)+(1-% imp.)(.25) = 0.51 11a = 6.30 in/hr 125= 7,13 in/hr Flow for 25 year, 6 hour Storm (025): QPRE= (CPRE) X (125) x (Area) 12.70 cfs Qww = (CPosT) x (125) x (Area) 25.92 cfs Soil Storage Capacity for 25 year Storm: CN = (98)(% imp.) + (45)(1-% imp.) 65 P = 5.71 in. for 25 yr, & hr storm S = 10001CN - 10 5.38 Depth (D)= [P-(0.2)(S)]2I [P+(0.8)(S)] 2,14 in. Time to Peak Flow: TP = [(43,5) (D) (Area)] I Qt0,PO5T 25.63 min. brave ounace Area mequirement at normal is Pond side slopes = 3 :1 Depth below N.P. = 5.5 ft. SAIDA = 0.0232 (Chart for SO% TSS Removal for Wet Detention Required SA = (SAIDA) x (Total Drainage Area) State Volume Required for Storaoe of first 1" of runoff Vol._ [(1112) x (DA) x (% imp.)] + [(1112) x (DA) x (1-% imp.) x C] C - 0.2 12,780 cu.ft. 4 �Ao 4-z4-07- 01049PONDA 1 of 2 LoLerNe-� 1pr.-465 4123102 p�-4D 1w, CDC Stomw+ater Ca"lations Pond Volume: Bottom SA = 1,218 sq. ft, Normal Pool SA = 8,095 sq. ft, Vol. _ [(N.P. SA + Bottom SA) 1 21 x (N.P. el. - Bottom el.) W 25,611 cu. ft. Forebav: Required Volume Vol. = 20% of total permenant storage volume 5,122 cu. ft. Outlet Structure Design: Flow for 2-day drawdown: for 1st 1" of stormwater, Q = Required Vol. 1 172,800 sec. (2-days) = 0.074 cfs Required Area of Pipe for 2-day drawdown A= Q I [Cd x SQRT(2 x g x h)l Cd = 0.6 g = 32.2 ft.ls2 h = (F.P. elev.- N.P. elev.) 12 0.8 ft. A= 0.0172sq. ft. Diameter of Pine for 2-dav drawdown DIA. = SQRT[(A x 4) 1 pi] 0.1479 ft. 1.77 in. 'Use: 1.5 in diameter pipe Outlet Structure Check: Using a W x 4' Basin, Perimeter L = 16 ft. Q = C1A C = (% imp)(95) + (1-96 imp.)(.25) = 0.51 1 = 7.13 in. for a 25 yr. Storm A = 7.13 Acres 25.92 cfs Q= CwxLxH°'S H = (Q 1 (Cw x L))2" Cw = 3 Peak elevation = flood pool elevation + H 37.26 ft. Provided Volume 010le Bottom SA = 872 sq. ft. Normal Pool SA = 2.434 sq. ft. Vol. _ [(N.P. SA+ Bottom $A) 1 21 x (N.P. el. - Bottom el.) 4,959 cu. ft. depth = 3 ft. Flow for 5-day drawdown: for 1st 1" of stormwater, Q = Required Vol. 1432,000 sec. (5-days) 0.030 cfs Required Area of Pipe for 5-day drawdown A= Q 1 ]Cd x SQRT(2 x g x h)] Cd = 0.6 g = 32.2 ft.ls2 h = (F.P. elev. - N.P. elev.) 1 2 0.8 ft. A = 0.0069 sq. ft. Diameter of Pie for 5-day drawdown: DIA. = SQRT[(A x 4) 1 pi] 0.0935 ft. 1.12 in. 01049PONDA 2 of 2 J I 314102 Courtney Pines Pond B 01049 CDC Stormwater Calculations Total Drainage Area ft. acres 303,780 6,97 Impervious Area Land Use s . ft. acres buildings 59,500 1,37 [2rkinSgasphatt 30,851 0.71 sidewalk 0 0.00 Total 90,351 2.07 Stormwater Calculations: Time of Concentration: Hydraulic Length (L) = 1.300 ft. change in Height (H) = 4.5 ft. Tc = (L' 1H) wn 1 128 17.29 min. Flow for 10 year, 6 hour Storm (Q10): QPRE _ (CPRE) x (170) x (Area) = 10.98 cfs Qpos-r = (C1OST) x (110) x (Area) 20.21 cfs oyo -N.-Y ,.. � � yra. CN = (98)(% imp.) + (45)(1-% imp.) = 61 P = 4.82 in. forl0yr, 6 hr storm S - f 000lCN - 10 6.39 Depth (D)= [P-(0.2)(S)12 ! [P+(0.8)(S)] 1.26 in, Time to Peak Flow: TP = [(43.5)(D)(Area)] ! O2.Posr 18.95 min. Detention Pond Design: Pond Size: Elevation ft. Surface Area .ft. Normal Pooi 35.00 7,626 Flood Pool 36.35 9,882 Top of Bank 41.00 18,461 Bottom of Pool 30.00 400 Provided Storage Volume: Vol. _ [(Normal pool SA + Flood Pool SA) 121 x (F.P. elev. - N.P. elev.) 11,818 cu.ft. % impervious - 0.297 = 29.7% say 30.0% CPRE = 0,25 Caosr = (% imp.)(.95)+(1-% imp.)(.25) 0,46 110 = 6,30 irdhr 125 = 7.13 inlhr Flow for 25 year, 6 hour Storm (025): QPRE _ (C-ftf) x (1S5) x (Area) = 12.43 cis QPOTT = (CposT) x (127) x (Area) 22.87 cis Soil Storage Capacity for 25 veaf Storm: CM = (98)(% imp.) + (45)(1-% imp.) - s1 P = 5.71 in. for 25 yr, 6 hr storm S - 10001CN - 10 6.39 Depth (D)= [P-(0.2)(S)]2 ! [P+(0.8)(S)] 1.81 in. Time to Peak Flow: TP = [(43.5)(D)(Area)] ! Q1o,Posr 24.06 min. State Surface Area Reauirement at normal Pond side slopes = - 3 :1 Depth below N.P. = 5 ft. SAIDA = 0,0220 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter Required SA s (SAIDA) x (Total Drainage Area) 6.683 sq. ft. State Volume Reauired for Storage of first V of runoff: Vol.- ((1112) x (DA) x (% imp.)] + [(1112) x (❑A) x (1-% imp.) x C] C = 0.2 11,086 cu.ft. 01049PONDB 1 of 2 314102 Courtney Pines Pond B CDC Stomrwater Calculations Pond Volume: Bottom SA = 400 sq. ft. Normal Pool SA = 7,626 sq. ft. Vol. = [(N.P. SA + Bottom $A)121 x (N.P. el. - Bottom el.) 22,072 cu. ft. Forebay: Required Volume Vol. = 20% of total permenant storage volume 4,414 cu. ft. Outlet Structure Desiqn: Flow for 2-day drawdown: for 1 st 1' of stormwater, Q = Required Vol. 1172,800 sec. (2-days) 0.064 cfs Required Area of Pipe for 2-day drawdown: A= Q! [Cd x SQRT(2 x g x h)] Cd = 0.6 9. 32.2 ft.1s7 h = (F.P. elev.- N.P. elev.) 12 0.675 ft. A = 0.0162 sq. ft. Diameter of Pioe for 2-dav drawdown: DIA. = SQRT[(A x 4) 1 pi] 0.1437 ft. 1.72 in. 'Use: 1.5 in diameter pipe Outlet Structure Check: Using a 4' x 4' Basin, Perimeter L = 16 ft. Q = CIA C = (% imp.)(.95) + (1-% imp.)(.25) 0.46 l = 7.13 in. for a 25 yr. Storm A = 6.97 Acres = 22.87 cfs Q= CwxLxHi5 H = [Q 1 (Cw x L)]2"3 Cw = 3 0.61 ft. Peak elevation = flood pool elevation + H 36.96 ft. Provided Volume Bottom SA = 442 sq. ft. Normal Pool SA = 2,434 sq. ft. Vol. = [(N.P. SA+ Bottom SA) / 21 x (N.P. ei. - Bottom el.) 4,314 cu. ft. depth = 3 ft. Flow for 5-day drawdown: for 1st V of stormwater, Q = Required Vol. 1432,000 sec. (5-lays) = 0.026 cfs Required Area of Pipe for 5-day drawdown: A= Q1[CdxSQRT(2xgxh)] Cd = 0.6 g = 32.2 ft./s2 h = (F.P. elev. - N.P. elev.) 12 _ . 0,675 ft. A = 0.0065 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT[(A x 4) 1 pi] 0.0909 ft. 1.09 in. 01049 01049PONDB 2 of 2 4123102 COURTNEY PINES 01049 CDC POND "C" Stormwater Cafcuta(ions Total Drainage Area ft. acres 234.164 5.38 Impervious Area Land Use sq.ft, acres buitdin s 56,000 I.N- parkinglasphalt 26.073 0.60 sidewalk 0 0.00 Totat 82,073 1.88 Stormwater Calculations: Time of Concentration: Hydraulic Length (L)= 1,300 ft. change in Height (H) = 4.5 ft. Tc = (L-'IH),a8o 1 128 17.29 min. Flow for 10 year, 6 hour Storm (Q10): QPRE _ (CPRE) x (110) X (Area) 8.47 cfs QPOSr = (Cps) x (110) x (Area) 16.93 cfs Soil Storage Capacity for 10 year Storm: CN = (981(% imp.) + (45)(1-% imp.) = 64 P = 4.82 in. for10yr, 6 hr storm S = 10001CN - 10 = 5.63 Depth (D)= (P-(0.2)(S))2I [P+(0.8)(S)] = 1.46 in. Time to Peak Flow: Tp = [(43.5)(D)(Area)] 1 Q2 PosT 20.23 min. Detention Pond Design: Pond Size: Elevation ft. Surface Area (Sq. ft. Normal Pool 36.00 6,173 Flood Pool 37.35 8,751 of Bank 41.00 18,488 .Top Bottom of Pool 30.50 290 Provided Stara a Volume: Vol. _ [(Normal pool SA + Flood Pool SA) 1 21 x (F.P. elev. - N.P. elev.) L= 10,074 cu,ft, % impervious = 0.350 = 35.0% say 35.0% CPRE = 0.25 Cpasr = (% imp.)(.95)+(1-% imp,)(. 25) 0.50 110 = 6.30 inlhr 125 = 7.13 in/hr Fkow for 25 year, 6 hour Storm (Q25); QpR _ (CPRE) x N5) x (Area) 9.58 cfs QPQ' = (CPosr) x (12$) x (Area) 19.16 cfs CN = (98)(% imp.) + (45)(1-% imp.) 64 P = 5.71 in. for 25 yr, 6 hr storm S = 10001CN - 10 = 5.63 Depth (0)= )P-(0.2)(S)]2I [P+(0.8)(S)] 2.06 in. Time to Peak Flow: Tp = [(43.5)(D)(Area)] 1 Q70 poST 25.12 min. State Surface Area Requirement at normal I: Pond side slopes = 3 :1 Depth below N.P. = 5.5 ft. SAIDA = 0.0220 (Chart for 90% TSS Removal for Wet Detention Pond without Vegetative Filter Required SA = (SAIDA) x (Total Drainage Area) 5,152 sq. ft. State Volume Required for Staraae of first 1" of runoff Vol.- [(1112) x (DA) x (% imp.)] + [(1/12) x (DA) x (1-% imp.) x Cl C = 0.2 = 9,374 cu.ft. 01049PONDC 1 of 2 4123l02 COURTNEY PINES 01049 CDC POND'C' Storrnwater Calcufations Pond Volume: Bottom SA = 290 sq. ft. Normal Pool SA = 6.173 sq. It. Vol. = RN.P. SA+ Bottom SA)! 21 x (N.P. el. - Bottom el.) 17,773 cu. ft. Forebay: Required Volume Vol. = 70% of total permenant storage volume = 3,555 cu. ft. Outlet Structure Design: Flow for 2-day drawdown: for 1 st 1' of stormwater, 4 = Required Vol, 1 172.800 sec. (2-days) = 4.054 cfs Required Area of Pipe for 2-day drawdown A= Q! [Cd x SQRT(2 x g x h)] Cd = 0.6 9 = 32.2 ftJs2 h = (F.P. elev.- N.P. etev.) 12 0,675 ft. A = 0.0137 sq, ft. Diameter of Pipe for 2-day drawdown: 171A. = SQRT[(A x 4) / pi] = 0.1321 ft. = 1.59 in, 'Use: 1.25 in diameter pipe Outlet Structure Check: Using a 4' x 4' Basin, Perimoter L = 16 ft. Q = CIA C = (96 imp.)(.95) a (1-% imp.)(.25) 0.50 1 = 7.13 in. for a 25 yr. Storm A = 5,38 Acres 19,16 Ms Q = Cw x L x H1'5 H = [Q ! (Cw x L)]2" Cw = 3 0.54 ft. Peak elevation = flood pool elevation + H 37.89 ft. Provided Volume Bottom SA = 257 sq. ft. Normal Pool SA = 2,055 sq. ft. Vol. = [(N.P. SA + Bottom SA) 1 2] x (N.P. el. - Bottom el.) 3,468 cu, ft, depth = 3 ft, Flow for 5-day drawdown: for 1 st 1' of stormwater, Q = Required Vol. / 432,000 sec. (5-days) 0,022 cfs Required Area of Pipe for 5-day drawdown A= Q![CdxSQRT(2xgxh)] Cd = 0.6 g = 32,2 ft.ls' h = (F.P. elev. - N.P. elev.) 12 0.675 ft. A = 0.0055 sq. ft. Diameter of Pipe for 5-day drawdown: DIA. = SQRT[(A x 4) 1 pi] 0.0836 ft. = 1.00 in. 01049PONDC 2 of 2 TRIPP ENGINEERING, P.C. 419 Chestnut Street Wilmington; North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 .rune 25, 2002 RECEIVED NCDENR JUN 2 6 2002 Division Water Quality 1BY. 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Noelle Lutheran Re: Courtney Pines Phase II SW8 020302 New Hanover County, NC TE 01049 Dear Noelle: ml- In response to your email dated April 23, 2002, please find enclosed a copy of the recorded deed restrictions for the above referenced project. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering, P.C. Charles D. Cazier, E.J. CDC:dcb Enc. STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER COURTNEY PINES, SECTION 4 THIS DECLARATION, made on the date hereinafter set forth by COASTAL CAROLINA DEVELOPERS, INC., hereinafter referred to as "Declarant" or "Developer". WITNESSETH: WHEREAS, Declarant is the owner of certain property in New Hanover County, North Carolina, which is more particularly described as COURTNEY PINES SUBDIVISION, SECTION 4, as shown on map of same recorded in Map Book at Page in the New Hanover County Registry (hereinafter sometimes referred to as "COURTNEY PINES, SECTION 4"). NOW, THEREFORE, Declarant hereby declares that all of the properties, including all lots, described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to COURTNEY PINES OWNERS ASSOCIATION, INC., or its successors and assigns, a non-profit corporation formed or to be formed by the Declarant primarily as an association for the lot owners of COURTNEY PINES, all sections. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, known as COURTNEY PINES, SECTION 4 and/or such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property, if any, (including the improvements thereto) owned or maintained (subject to the authority of the Declarant) by the Association for the common use, benefit and enjoyment of the owners. The Common Area to be owned or maintained by the Association will be shown on a recorded plat recorded in the New Hanover County Registry. Section 5. "Lot" shall mean and refer to those enumerated parcels of land upon which single family residences may be built as shown upon that map recorded in Map Book at Page in the New Hanover County Registry and any other recorded subdivision map of the Properties. As used herein, "Lot" does not include "common areas". Section 6. "Declarant" or "Developer" shall mean and refer to COASTAL CAROLINA DEVELOPERS, INC., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant or Developer for the purpose of development. "Undeveloped Lot" shall mean a lot which has not been subdivided or platted for sale or building purposes. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area (if any) which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to suspend the voting rights and right to use of the Common Areas by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (b) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rds) vote of the members of the Association has been recorded; (c) due to noise concerns, safety, liability and property damage reasons, no motorized, gas or electric vehicles, including dirt bikes and all terrain vehicles (ATV's) are permitted on the common areas or grounds of the properties. Only maintenance equipment needed to maintain the grounds are exempt from this rule. (d) the rights of the Declarant as set forth herein. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By --Laws, his right of enjoyment to the Common Area the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIJ AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a memberlof the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. 2 Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A membership equals the total votes outstanding in the Class B membership, or (b) on December 31, 2010. Section 3. Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with this Declaration and the By -Laws, PROVIDED, HOWEVER, that any powers and duties exercised by the Board of Directors shall not affect, reduce or impair the authority or power of the Declarant to exercise its rights as developer, including, but not limited to, matters pertaining to planning, drainage, grading and subdivision plans. ARTICLE IV COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided and (3) such other assessments or charges as the Declarant or the Board of Directors shall determine, including penalties for late payments. The annual and special assessments, together with fines, penalties, interest, costs and reasonable attorney's fees as determined by the Declarant or Association, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is 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 property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 3 Section 2. Purpose of Assessments. The assessments -levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the Properties and for the improvement and maintenance of all easements, utilities and the Common Area, specifically including, but not limited to, the maintenance, repair and replacement of utility easements, stormwater drainage facilities and easements, delegated to the Association by the Declarant, and maintenance and repair of all other utility facilities and utility equipment not otherwise maintained and repaired by municipal, public or private utility authorities or by the Declarant. The assessments shall also be used for the maintenance and operation of all lighting facilities, if any, maintenance and repair of any amenities located upon the common areas, if any, maintenance of the entrance area and subdivision sign, the costs of enforcing this Declaration, and the payment of all other expenses associated with the Common Areas, including the prompt and full payment of all ad valorem property taxes and insurance for said common area(s). In addition, the assessments shall also be used for doing any other thing(s) necessary or desirable in the opinion of the Association to keep the property in neat and good order, and to provide for the health, welfare and safety of the Owners and residents of COURTNEY PINES SUBDIVISION. The assessments provided for hereunder shall also be used to fund the necessary expenses for drainage and stormwater management (as well as other common areas) in conjunction with adjacent and/or neighboring subdivisions which are part of the same drainage network or system as determined by the Declarant to be necessary or appropriate. Necessary expenses shall be determined and assessed equally on a per lot basis unless otherwise agreed to by the subdivisions in the drainage network. Section 3. Annual Assessment. A lot shall not be subject to annual assessments until the lot is sold by the Declarant to an Owner other than the Declarant. (a) Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be determined by the Declarant. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual_ assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (c) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% only by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (d) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum as desired. 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 4 applicable to that 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 Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Insurance. The Board of Directors, on behalf of the Association, as a common expense, shall at all times keep the property, if any, of the Association insured against loss or damage by fire or other hazards and other such risks, including, but not limited to, directors' liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Properties and Common Area, which insurance shall be payable in case of loss to the Association for all members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees. An individual lot owner's liability for damage to the common areas shall not be absolute, but rather only that determined in accordance with North Carolina law. Section 6. Insurance Assessments. All insurance policy premiums on the Common Areas for the benefit of the Association 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 shall levy against the Owners equally as an additional annual assessment, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under Section 3 above, an amount sufficient to pay the annual cost of all such insurance premiums. Section 7. Notice and Ouorum for Any Action Authorized Under Sections 3 and 4. written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. No provision in this Section 7 shall operate to prevent the Declarant from enjoying and exercising the rights set forth in Article III above. Section S. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 9. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the 5 conveyance of the Common Area unless determined otherwise by the Board of Directors. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be establishedl•by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. Notwithstanding any language to the contrary herein, as long as the Developer is actively developing COURTNEY PINES and is primarily responsible for the maintenance of the Common Areas then the Developer may, in its sole discretion, choose not to levy or assess any lots for assessments. Section 10. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the maximum legal rate in effect when due along with such other penalties, fines, costs, expenses and attorney's fees as determined by the Declarant or Board of Directors. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Failure to pay assessments does not constitute a default under any insured mortgage owed by an Owner. Section 11. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Mortgagees are not required to collect assessments. Section 12. Working Capital Assessment. At the time title to a lot is conveyed from Declarant to the initial owner other than the Declarant, said owner shall contribute to the Association as a working capital reserve the amount of Fifty Dollars ($50.00). Such funds shall be used solely for initial operating and capital expenses of the association, including but not limited to insurance, supplies, furnishings and equipment. Amounts paid into the working capital fund are not to be considered as advance payments of regular assessments. Any working capital funds remaining at the end of the first full operating year may be transferred to and become part of the general funds of the Association in the discretion of the Declarant or Board of Directors, as appropriate. 6 Section 13. Maintenance by Association. The Association shall be responsible for maintaining, repairing and replacing all areas, facilities, easements and other matters referred to in Article IV, Section 2 above as may be directed or assigned by the Declarant. Section 14. The Association formed pursuant to this Declaration shall become responsible for the stormwater management of the properties at such time as the Declarant/Developer turns over control of said Association to the owners or buyers of lots. At such time the Association shall sign such documentation as may be required by the State of North Carolina Department of Environmental and Natural Resources, Division of Water Quality, including but not limited to a stormwater management permit application, a Curb Outlet System Supplement, Permit Name/Ownership Change Form. In addition, the Association shall enter into any other agreements or documentation required by the State of North Carolina or any agency or department thereunder as well as any agency or department of the County of New Hanover. Any person or entity purchasing a lot in this subdivision shall be subject to and shall be deemed to have agreed to comply with and cooperate with the requirements herein. ARTICLE V ARCHITECTURAL CONTROL Section 1. No dwelling, residence, building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and 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 if applicable, the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with provided that such addition, construction or alteration is in conformity with the overall plan, design and appearance of COURTNEY PINES SUBDIVISION, SECTION 4 in general. Non -approval of any such plans, location or specification may be based upon any reasonable ground that in the discretion of the Declarant or Architectural Control Committee shall be deemed as inconsistent with the general development and the standards of quality of said subdivision and is materially detrimental to the value of the subdivided lots in said subdivision. One copy of all plans and related data shall be furnished to the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. 7 Section 2. Developer's Rights. All duties and responsibilities conferred upon the Board of 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 in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. Declarant reserves all rights as to planning, installation and construction of all matters concerning grading and drainage and all matters involving or pertaining to engineering and architectural matters. In addition, the Declarant shall have sole authority as to matters requiring compliance or adherence to state or county planning, land use, drainage and stormwater requirements or regulations. Section 3. Approval of Plans: A. No house plans will be approved unless the proposed house shall have a minimum of 1300 square feet of finished (heated)area as defined by the National Association of Home Builders Accredited Standard Committee's Proposed Standards Approved Sept. 30, 1995. The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches and like areas. B. The exterior of all houses 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. C. No improvement shalll be erected, altered, placed upon, or permitted to remain on any�lot other than one detached single family dwelling and garage or garages (whether attached or detached to the dwelling). No detached garage shall be more than one story in height and shall never be used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called "garage -apartments" on any lot is expressly prohibited. Storage and utility buildings, in conformity with the dwelling constructed on said lot, may be allowed only with the express written consent of the Developer. ARTICLE VI EASEMENTS Section 1. Easements are reserved and may be granted by Declarant (or the Association, once the Declarant has assigned or transferred management and control of the Association to the owners) as necessary in the Common Areas for installation and maintenance of underground utilities and drainage facilities. Section 2. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon the lots and Common Area in the performance of their duties. 8 Section 3. In case of an emergency originating in or threatening any lot or the common areas and facilities, regardless of whether any Lot Owner is present at the time of such emergency, the Board of Directors, or any other person authorized by it, shall have the right to enter upon any lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate. Section 4. The Declarant reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, over and under the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment 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 Properties recorded or to be recorded in the office of the Register of Deeds of New Hanover County; provided further, that the Declarant may cut drain ways for surface water whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. It further reserves the right to locate wells, pumping stations, and tanks within residential areas, or on any residential lot now or subsequently designated for such use or to locate same upon any lot with the permission of the owner of such lot. Such rights may be exercised by any licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or maintain any such utility or service. Section 5. The Declarant reserves unto itself, its successors and assigns, the right to subject the real property in this Subdivision to a contract with Carolina Power & Light Company for the installation of street lighting, which contract requires a continuing monthly payment to Carolina Power & Light Company by each residential customer for street lighting service. Section 6. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement 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 VII DRAINAGE EASEMENTS The following classification system shall apply to all drainage easements shown on all maps of COURTNEY PINES SUBDIVISION 9 including all sections. Based upon the classification of each easement, it shall be maintained as explained hereinbelow either principally by the homeowners association or by the individual lot owners. There shall be two (2) classes of drainage easements to be known as: CLASS 1 and CLASS 2. CLASS 1: CLASS 1 denotes a drainage easement that shall be maintained exclusively by the Owners Association ("Association"). The Association shall be responsible for all maintenance, repair and replacement of all CLASS 1 drainage easements identified on the recorded plats or maps of COURTNEY PINES. Notwithstanding, each individual lot owner shall have the personal responsibility to refrain from taking any action or doing anything of any nature whatsoever which impairs or damages the location, size, utility, function or the appearance of each such CLASS 1 drainage easement. Nothing herein is intended to prevent or prohibit individual lot owners from taking actions to maintain the appearance, such as mowing or cleaning, of CLASS 1 drainage easements. CLASS 2: CLASS 2 denotes a drainage easement that is typically nothing more than a swale. The portion of any such swale located on any lot shall be maintained by that individual lot owner which shall include mowing it, keeping it clean of trash and debris and otherwise taking the steps reasonably necessary to ensure that the drainage easement operates properly and is not impaired in any way. Notwithstanding, if the CLASS 2 drainage easement in question lies within a subdivision which is being managed by an Owners Association then the Owners Association shall be responsible exclusively for maintaining the proper depth (and nothing else unless the Association agrees to do so) of all such CLASS 2 drainage easements. ARTICLE VIII UTILITIES Section 1. Water Service. Water service for COURTNEY PINES SUBDIVISION shall be provided by New Hanover County. No lot owner may drill or otherwise construct a water well on any lot in COURTNEY PINES SUBDIVISION, SECTION 4, or use any other source of water supply for household use, except for irrigation purposes, and then only with the consent of New Hanover County. All charges for water service will be the responsibility of each individual lot owner. Section 2. Sewer Service. Sewer service for COURTNEY PINES SUBDIVISION shall be provided by New Hanover County. No lot owner may construct or install a sewage disposal system on any lot in COURTNEY PINES SUBDIVISION, SECTION 4, without the express consent of the appropriate agency of New Hanover County. All charges for sewer service will be the responsibility of each individual lot owner. 10 ARTICLE IX FIDELITY BONDS Section 1. General. The Association shall maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all of the responsibility for the handling of its funds to a management agent, such fidelity bonds shall be maintained by such management agent for its officers, employees and agents handling or responsible for funds of or administered on behalf of the Association. Section 2. Amount of Coverage. The total amount of fidelity bond coverage required shall be based upon best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months aggregate assessments on all lots plus reserve funds. Section 3. Other Requirements. Fidelity bonds required herein must meet the following requirements: a. Fidelity bonds shall name the Association as an obligee. b. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees", or similar terms or expressions. C. The premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its officers, employees and agents) shall be paid by the Association as a common expense. d. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for non- payment of premium) without at least thirty (30) days prior written notice to the Association, to any insurance trustee and each Eligible Mortgage Holder. ARTICLE X GENERAL RESTRICTIONS Section 1. No building or structure of any kind shall be located on any lot nearer than 20 feet from the front lot line. No building or structure of any kind shall be located on any lot nearer than 8 feet from any side or rear lot line, provided, however, if the owner of two or more adjoining lots shall elect to use them for one residence, the common boundary line or lines between the lots so used shall not be regarded as side boundary lines of the lots. Provided, that detached garages or approved storage or utility buildings may be constructed no nearer than 5 feet to the side or rear lines of any lot, provided, however, that 11 no such structure or improvement shall encroach upon or be located within any easement shown on a recorded map. In computing the front and side setback distances called for in these restrictive covenants, measurements shall be from the base or ground level of the building or structure, and neither the overhang of eaves, not in excess of three feet, nor the establishment of uncovered stoops, patios, decks, or steps within the setback area, shall be con- sidered a violation of this covenant. Regardless of the set back requirements set forth herein, lot owners shall comply with the greater of the building set back and separation distances estab- lished by the New Hanover County Zoning and Subdivision Ordinances in effect at the time of construction of a dwelling or those set forth herein. Only with the written consent of the Developer, the front or side set back distances, exclusive of easements, as established by the Developer, herein may be waived or modified. Section 2. The Developer reserves a 10-foot easement along the front lot line and a 5-foot easement along each side lot line and rear lot line of all lots in the subdivision for the purpose of the installation and maintenance of water, sewer, gas, electric, cable, telephone or other lines, cables, conduits, poles, pipes, and other equipment necessary or useful for furnishing electric power, gas, telephone service or other utilities, including water and sewer service, and for drainage. The 10-foot easement shall apply to all street frontages on lots having multiple street frontages. The Developer reserves the right to grant encroachment on these easements to utility companies to serve the subdivision. Section 3. No culvert or pipe shall be placed in any street or road, ditch or drain unless it in all respects meets the stan- dards set by the governmental authority having jurisdiction over the same. No drainways along any lot within the subdivision shall be filled or modified except by the Developer or at the request of State, Federal or local agencies. All driveways shall be paved with either asphalt or concrete and if applicable shall be piped with driveway pipes of not less than 20 feet in length. Should the grade of the lot be more than 30 inches above the ditch bottom on the yard side of the ditch, the owner of such lot shall bulkhead the ditch with concrete, bagged sacrete or brick. No concrete blocks or cinder blocks or other materials shall be used in the bulkhead. Section 4. No commercial trade or activity, or any noxious trade or activity whatsoever, shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to other lot owners. In the event yards in the subdivision are not properly maintained they may be cleaned by the Developer or Association at the owner's expense. Unsightly, inoperative junk cars and like eyesores cannot be maintained on any lot or on any street in the subdivision either prior to or after the dwelling has been erected and any such automobiles may be removed by the Developer at the lot owner's expense. This paragraph shall not be deemed to prohibit or limit in any way, the Developer or any person, company or firm approved by the Developer, from building houses or other improvements on the subject property and selling same. 12 Section 5. There shall not be placed or used on any lot any of the following structures: trailer, mobile home (including double -wide mobile home), tent, shack, garage apartment, barn, any other out building or any such structure of a permanent or temporary character. However, nothing herein shall be meant to prevent the construction but only with Developer's consent of storage and utility buildings as set forth in Section 1 above. It is the express intention of the Developer that no trailer or mobile home (including a double -wide mobile home) shall be allowed on said property. Nothing herein shall be construed to prevent the use, upon Developer's approval, as set forth in Paragraph 3 above, of a prefabricated or modular home.as long as same is consistent with the general development and the standards of quality of •said subdivision and is not materially detrimental to the value of the subdivided lots in said subdivision. Section 6. All buildings, structures and their appurtenances shall be maintained in a suitable state of repair, and in the event of destruction by fire or other casualty, premises are to be cleared and debris removed within ninety (90) days from date of such casualty. Section 7. No animals, other than domesticated dogs, cats or other household pets, may be kept or housed on any lot. No dogs, cats or other household pets may be kept, bred or maintained for any commercial purposes, nor may they be kept in such numbers or of such nature as to be or become a nuisance to adjoining property owners or any residents of the subdivision. Any housing or shelter constructed for said domesticated dogs or cats shall be screened with fencing (or otherwise) that shall be approved by Declarant. Animals when not housed shall be on a leash at all times. Section S. No lot area shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, and such materials may not be kept on any lots, except in sanitary con- tainers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Upon completion of construction of a dwelling, and as a part of the construction, the owner thereof shall generally landscape his lot so as to be in keeping with the yards of his neighbors. The front yard areas of all dwellings shall be generally smoothed and sodded at all street fronts. The covenant contained in this Section 8 shall not be construed to prohibit or prevent a contractor from constructing a residence or other approved improvements so long as said contractor shall dispose of all debris, unused materials or any other matter in a timely fashion. Section 9. No lot as shown on the maps of the subdivision above referred to shall be re -subdivided unless each part of the subdivided lot becomes a part of another whole lot, except, that Developer may subdivide any lot, so long as each portion of any such re -subdivided lot meets the requirements for said lots established by the New Hanover Zoning Ordinance. Section 10. No fence shall be erected on any lot nearer the front property or lot line than the rear corners of the house erected on said lot, and all fences erected shall not exceed six 13 (6) feet in height and shall be constructed of wood, brick, chain link, plastic or fiberglass type composition. Provided, however, no fencing may be allowed without the written approval of the Developer. No fence or structure of any kind shall be placed on or within any utility or drainage easements shown on the recorded map of COURTNEY PINES SUBDIVISION, SECTION 4. Section 11. Except for lots upon which are located model homes constructed by builders approved by the Declarant, no signs of any type or description shall be placed on or displayed on any residential lot except signsl"For Rent" or "For Sale," which signs shall not exceed ten square feet in size. Model homes, including unrestricted signage, may remain in use as models as long as there are lots available for sale in said subdivision. Notwithstanding any language to the contrary, builders may erect in common areas temporary directional signs or signage not larger than ten square feet in size. Section 12. No boat, motor boat, camper, trailer, school bus, motor home, mobile home, truck rated over one (1) ton, or other vehicle similar to any of the same shall be permitted to remain on any lot, or in any parking space on or adjacent to any lot, unless written permission for the same is first obtained from the Declarant or unless the same is properly stored in an enclosed area behind a fence which must be first approved by the Declarant and built in accordance with this Declaration with a minimum height of six (6) feet. No motorized, gas or electric, motor bikes or all terrain vehicles (ATV's) shall be operated on the properties except for actual authorized maintenance purposes on an individual owner's lot. Section 13. In accordance with the requirements of the State of North Carolina, a system for the drainage of storm water from all of the lots of COURTNEY PINES SUBDIVISION, SECTION 4 has been established including (a) the establishment of drainage easements along some of the side and rear lot lines of the lots in said Section, (b) the establishment of various drainage ponds within said Section, as well as (c) the use of the streets and roads of said Section for drainage purposes, all of which are shown upon the map of said Section, recorded as referenced above. The design of said system allows all such storm water to drain from said Section into the area storm water drainage system. The operation and integrity of said area -wide storm water drainage system requires the owners of lots within said Section to take various preventive maintenance steps to prevent any sand, silt or other unwanted erosion materials from entering the system from the lots in said Section and to allow for the necessary maintenance of all drainage easements and other areas designated as a part of the storm water drainage system. Therefore, all owners of lots in COURTNEY PINES SUBDIVISION, SECTION 4, by accepting a deed for their lot or lots from the Declarant, do hereby covenant and agree to be bound by the following restrictions: a. Nothing other than grass shall be allowed or permitted to be placed within any drainage, water or sewer easement that is established on any lot by the map of said Section referenced above. Not by way of limitation, but by way of example, shrubs, trees and other vegetation, fences, walls, storage 14 buildings and all other structures and improvements, of whatever nature or kind, are prohibited from being located within any such easement area; and b. For any lot bounded on any one or more sides by either a drainage ditch, pond or other open drainage easement area, as shown on said recorded map, no sheet flow or surface flow of storm water shall be permitted from said lot into any ditch of two and one-half (2 1/2) feet in depth or greater, any pond or other open drainage easement area of two and one-half (2 1/2) feet or greater. In lieu thereof, the owner of said lot shall grade and maintain a berm along the entire length of the common boundary or boundaries of said lot and any such drainage area, sufficient in size to prevent any surface or sheet flow drainage from occurring except at one outfall location along said berm; which outfall location shall either be piped or riprapped to prevent any amount of erosion caused by surface water drainage at that location; and C. Although not required, owners are encouraged to grade and maintain along the side lot lines of their lots a swale or depression sufficient in size to encourage surface water drainage toward said swales and then toward all streets fronting said lot. No one may pipe, fill in or alter any lot line swale used to meet North Carolina Stormwater Management Permit requirements; and d. Any and all erosion from said lot occurring at the time of occupancy of any residence constructed on said lot must be stabilized and controlled as described hereinabove within sixty (60) days of occupancy of said residence by the owner of record; and e. The Declarant, its successors and assigns, shall have the absolute authority and right to design, construct and implement drainage and grading plans without the consent or approval of the Association. £. Any and all other terms, conditions or restrictions contained within the Declaration which conflict with any of the provisions of this Section 13 are to be deemed and interpreted in strict accord and harmony with the provisions of this Section 13. Section 14. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SWS 020302, as issued by the Division of Water Quality under NCAC 2H.1000: (i) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. (ii) These covenants are to run with the land and be binding on all persons and parties claiming under them. (iii) 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. is (iv) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. (v) The maximum allowable built -upon area per lot is 3500 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. (vi) All runoff from the built -upon areas 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 to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. Section 15. Developer shall have no responsibility for maintaining any drainage easements located on any lot. All maintenance for all easements located on any lot shall be the responsibility of the owner of said lot, his successors and/or assigns. Within all utility and drainage easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities or which may change the direction or flow of drainage channels in the easements. Section 16. Notwithstanding any provision, covenant or language contained in the Declaration of Restrictions or any Declaration of Restrictions for any section of COURTNEY PINES SUBDIVISION, the undersigned hereby reserves for itself and for others as it may designate, the right to erect and use an office for construction, development and sales purposes with unrestricted signage. Section 17. All lots in COURTNEY PINES SUBDIVISION, SECTION 4, shall be sodded in the front yards covering at a minimum from the street curb to the front property line. A minimum of five standard pallets of sod shall be used. Corner lots and lots which abut or are adjacent to two streets or roads shall be sodded in compliance with this covenant as to all sides of such lots which abut a street or road right of way. Section 18. Notwithstanding any provision, covenant, restriction or other language contained in this Declaration of Covenants, Conditions and Restrictions, the Declarant or Developer reserves for itself the right to construct and install a road or street across any Lot which in the sole discretion of the Declarant is determined to be necessary, advantageous or appropriate for the development of this subdivision or adjacent properties. Section 19. These covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020302, as issued by the Division of Water Quality under NCAC 2H.1000. Section 20. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. Section 21. These covenants are to run with the land and be binding on all persons and parties claiming under them. Section 22. 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. Section 23. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of water Quality. ARTICLE XI ANNEXATION OF ADDITIONAL PROPERTIES Section 1. The Developer hereby reserves the right to annex additional land located adjacent to COURTNEY PINES which may be owned or hereafter acquired by the Declarant, without the consent of the Class A members within ten (10) years of the date of this instrument provided that HUD, the FHA, or VA determines that the annexation is in accord with the general plan hereto approved by them. Any property annexed for such purpose will be subject to and under the jurisdiction of the Association and shall be designated as consecutively numbered phases or such other similar designations for any additional phase added. Section 2. The rights reserved by the Developer also include the power to amend this Declaration of Restrictions to subject any property described above to the jurisdiction of the Association and to the rights and obligations of this Declaration of Restrictions without the consent of Class A members, subject, however, to prior approval by the Department of HUD or the Veterans Administration. ARTICLE XII Section 1. Not withstanding any provision in this Declaration of Covenants, Conditions and Restrictions the Developer has no duty or obligation to annex additional properties or develop or create additional sections to COURTNEY PINES or develop or create other subdivisions. Section 2. In the event that the Developer does annex additional properties or create new section(s) of COURTNEY PINES then in that event the Developer reserves the right in its sole discretion to vary or alteri the covenants contained in this Declaration as to the new sec —ions, new subdivisions or additional properties. 17 ARTICLE XIII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no.event be deemed a waiver of the right to do so thereafter. Section 2. Severabilit . Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. Notwithstanding any language to the contrary, the Declarant shall be authorized to amend this Declaration in its sole discretion, without the consent of any owner, at any time for a period of twenty-four (24) months next following the date of recording this instrument. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded in the New Hanover County Register of Deeds. Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Areas, and amendment of this Declaration of Covenants, Conditions and Restrictions. N"I:40atop 0OR3IMA SCOPE OF RESTRICTIONS THESE RESTRICTIONS APPLY ONLY TO SECTION 4, COURTNEY PINES SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE, AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY DEVELOPER. DEVELOPER FOR ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT SECTION 4, COURTNEY PINES, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF ANY REAL PROPERTY OWNED BY DEVELOPER. 18 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this the day of „ 2002. ATTEST: COASTAL CAROLINA DEVELOPERS, INC. BY: Secretary President (AFFIX CORPORATE SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public of the County of and State aforesaid, do hereby certify that B. LEON SKINNER personally came before me this day and acknowledged that he is Secretary of COASTAL CAROLINA DEVELOPERS, INC., and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as its Secretary. WITNESS my hand and notarial seal, this the day of 2002. My Commission Expires: (AFFIX NOTARIAL SEAL) /COURTPN4 RESTRICT 19 Notary Public