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HomeMy WebLinkAboutSW8020608_HISTORICAL FILE_20180425STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW fYO/lam DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE WYYMMDD Lewis,Linda From: Lewis,Linda Sent: Wednesday, April 25, 2018 6:09 PM To: 'hampsteadhoa@gmaiLcom' Cc: Robert and Debbie Taylor; rmeredith@pendercountync.gov; Fentress, Jimmy Subject: RE: [External} Forest at Belvedere phase 6 Mr. & Mrs. Taylor and Ms. Parker: The Division has been trying to get Mr. Cook to address the compliance issues at The Forest at Belvedere for many years. Unfortunately, most of his permitted projects are at some level of noncompliance. 1 wish 1 had more time to devote to compliance, but at this time, I do not. It seems that the focus of your concerns is on the sediment accumulation in the basins which you believe is caused by the piping of the pre-treatment swales. You also believe that the swales which are piped are the pre-treatment devices. I have found nothing in the permit or on the approved plans which actually identify the pre-treatment measures. However, the existing roadside swales which are not piped can also serve as pre-treatment. If you look at the proposed plan from 2009 that was never approved, only the lot line ditches are proposed to be piped. The road ditches are still open swales and I believe they are serving admirably as the required pre-treatment devices. I have heard conflicting allegations about who installed the lot line pipes. The homeowners claim it was the developer and the consultant for the developer claims it was the homeowners. Some folks also allege that the inverts of the pipes are not correct, leading to flooding or standing water. I don't know anything about that, since the Division did not approve the 2009 modification to add piping, and only the 2003 approved plan was certified by the consultant, (Jimmy Fentress, P.E., Stroud Engineering) I can neither confirm nor deny allegations about the correctness of the inverts. In addition, the Division does not review plans for pipe sizing or for flood control, so the fact that flooding is occurring is not a permit violation. The installation of the piping without the approval of the Division is the main problem, however, should Mr. Cook ever deign to address this permit violation the Division would have no standing to disapprove it on the grounds of a lack of pre-treatment. I don't know why you are having sedimentation issues with the basins. If most of the home construction is complete and if the roadside swales that deliver the runoff to the pipes that then convey it to the basins are stable and well - vegetated, then I am at a loss as to know where the sediment is coming from. Linda From: hampsteadhoa@gmail.com [mailto:hampsteadhoa@gmail.com] Sent: Tuesday, March 27, 2018 5:19 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Robert and Debbie Taylor <RobnDeb_Taylor@hotmail.com>; rmeredith@pendercountync.gov Subject: Re: [External] Forest at Belvedere phase 6 o Extern6l'email. Do not `click links -or 60en attachments;unlessyerified. Send all suspicious email as an attachment. to Re rt Spam: a Thank you Linda Elizabeth Parker Owner/Operator Atlantic Shores Management https://www.atlanticshoresmanagement.com 910-270-9975 On Tue, Mar 27, 2018 at 12:25 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Thank you for all this information. I will research your comments after the Easter holiday and get back with you regarding my findings. Linda From: Robert and Debbie Taylor [mailto:RobnDeb Taylor@hotmail.com] Sent: Tuesday, March 27, 2018 11:50 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: hampsteadhoa@gmaii.com: rmeredith(@ endercountync.gov Subject: Re: [External] Forest at Belvedere phase 6 WWGM�a External email Db not click links or open attachmentsunless verified Send all suspicious email as an attachment to, i;,. ReportSoar.i;. - Dear Mrs. Lewis, Thank you for including me in your response to Elizabeth. Our HOA Board absolute4y agree that it is not your jurisdiction to review pipe sizes, and that the engineer who designed the pipe is the one responsible. Our concerns are as follows: 2 1. NCDENR letter to Scott Cook dated August 4, 2005 includes a Stormwater Compliance Inspection Report dated July 21, 2005. The report highlights concerns that the "infiltration basins are not infiltrating and functioning correctiy". Note, this date is after the completion of construction of the majority of Azalea Drive, and is based on reports from residents. 2. NCDENR letter to Scott Cook dated November 19, 2008 identifies the piping of swales as a violation. The compliance inspection report dated November 17, 2008 recommends on page 2, under point 2, "Remove the pipes out of the swales. The intention of these swales were for pretreatment to the infiltration basins". In a response dated December 17, 2008 Mr. Luke Menius of Stroud Engineering states that a) the piped sections of swale "appear to have been installed by the homeowner", and b) the pipes are "functioning as the swales on the permitted plan were supposed to". We strongly disagree with both of these statements. a) the length and size of pipes involved at 6 different locations would be beyond the capabilities of individual homeowners, and b) the main purpose of the swales is for pretreatment of the infiltration basins. Without the swales there is no pretreatment. 3. NCDENR Notice of Violation dated September 8, 2009 again addresses the piping of swales. In a response dated October 30, 2009 Mr. James Fentress of Stroud Engineering includes a) "a copy of the plan modified to show piping of the noted swales", and states b) "The swales were not piped by the permit holder. These were piped by either the builder or homeowner in violation of the covenants ......". The SW8 020608 modification narrative goes on to state "Ar inspection revealed that a number of conveyances that were permitted as swales were Eater piped by lot owners. It is noted that piping of swaies is a violation of the permit conditions. Having said that, piped conveyances are allowed in high density projects. As such the modified plan indicates these conveyances as being piped. These conveyances were permitted as swales 1, 2, 3, 6, 7 and 8. As before, we strongly disagree with the statements by Stroud Engineering. Stroud has made no justification to leave pipes in place of the approved swales. They have made no calculation to confirm that the basins, especially basin 3, can handle the increased water flow by having the pipe inverts at the bottom of the drainage ditches as opposed to the top of the drainage ditch in the case of a swale, and they have made no calculation of the impact of the increased silt and sediment flowing into the basins due to the lack of a pretreatment device. We would request that these items be addressed prior to any approval of the proposed modification by your office. 4. The submitted (and we assume approved) Stormwater Management Permit SW8 020608 includes an Infiltration Basin Supplement, which is based on "design calculations, soil report and plans and specifications showing all Stormwater conveyances and system details". Under the permit part III. Required Items Checklist, item I. requires "A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided", and item p. "A benchmark is provided to determine the sediment accumulation in the pretreatment device". Under permit part IV. Infiltration Basin Operation and Maintenance Agreement, paragraph 4 refers on four occasions to the "pretreatment system", and the "pretreatment unit" in terms of sediment control. We contend that with the piping of swales no such pretreatment device/system/ unit exists, and the requested modification for piping of swales should not be approved. We suggest that, either a) the pipes be removed as originally recommended, or b) the full impact of the piping of swales be addressed by the Engineer with detailed calculations and a new Operation and Maintenance Agreement be submitted which is not to the detriment to, or cost of, the HOA. Our HOA has suffered a lot of expense due to sedimentation in our basins, and our homeowners adjacent to basin 3 have experienced flooding during heavy rainfalls, which we consider to have been caused, at least in part, by the piping of the swales. Many thanks for your consideration, Robert Taylor Sent from my iPad On Mar 22, 2018, at 3:57 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: The Division's jurisdiction does not include a review for pipe sizing, drainage or flooding. The stormwater rules do not have any requirements to size pipes other than the small diameter drawdown pipe for a wet pond or an underdrain for a sand filter system. The engineer that designed the pipe is the one responsible for those calculations, not the Division. Linda From: hampsteadhoa@gmail.com [mailto:ham steadhoa mail,com] Sent: Thursday, March 22, 2018 3:31 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: rmeredith@pendercountync.gov; Taylor, R&D <robndeb taylor@hotmail.com> Subject: Re: [External] Forest at Belvedere phase 6 9 a External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Sorry, I prematurely hit send —shouldn't stormwater calculations have been reassessed following the change in plans to pipe rather than swales? Elizabeth Parker Owner/Operator Atlantic Shores Management https://www.atianticshoresmanagement.com 910-270-9975 On Thu, Mar 22, 2018 at 3:28 PM, hampsteadhoa_@Zmaii.com <hampsteadhoa@gmaii.com> wrote: Mrs. Lewis, In the files we looked at the other day there were notes that said that the modifications to the swales does not affect the drainage. We feel that that information is incorrect and the drainage is highly affected by the modifications -These homes have had issues with flooding for many years. What information do we need to provide in order to have this looked at? Elizabeth Parker Owner/Operator Atlantic Shores Management https://www,atlanticshoresmanagement.com 910-270-9975 On Tue, Mar 13, 2018 at 2:23 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: As -built plans are not a required item under the version of the stormwater rules that this permit was issued under. The certification submitted by the designer upon completion of the project may be accompanied by a drawing which reflects the as -built condition of the permitted BMP, but not of the subdivision itself. Ideally, if anything about the approved plans for the subdivision was changed, we would have at least approved those revised plans. i will be happy to set up a file review appointment for you to review the file to see if you can find any as -built plans. Linda Lewis, E.E. Environmentai Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Elizabeth Justice[mailto:hampsteadho_a@gmail.com] Sent: Tuesday, March 13, 2018 12:58 PM To: rmeredith@pendercountync.gov Cc: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Forest at Belvedere phase 6 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Linda, I spoke to Ron Meredith today. I'm looking to get my hands on the "as built" maps/plans for this subdivision to gather all of the information needed to proceed further with Mr. Scott Cook. Thank you! Sent From my Whone Lewis,Linda From: Robert and Debbie Taylor <RobnDeb_Taylor@hotmail.com> Sent: Tuesday, March 27, 2018 11:50 AM To: Lewis,Linda Cc: hampsteadhoa@gmail.com; rmeredith@pendercountync.gov Subject: Re: [External] Forest at Belvedere phase 6 1122LrIM External email Da not click links or open,attachrrients unless verified Send ail suspicious email as an attachment to Re ort5 arri`. M Dear Mrs. Lewis, Thank you for including me in your response to Elizabeth. Our HOA Board absolutely agree that it is not your jurisdiction to review pipe sizes, and that the engineer who designed the pipe is the one responsible. Our concerns are as follows: I. NCDENR letter to Scott Cook dated August 4, 2005 includes a Stormwater Compliance Inspection Report dated July 21, 2005. The report highlights concerns that the "infiltration basins are not infiltrating and functioning correctly". Note, this date is after the completion of construction of the majority of Azalea Drive, and is based on reports from residents. 2. NCDENR letter to Scott Cook dated November 19, 2008 identifies the piping of swales as a violation. The compliance inspection report dated November 17, 2008 recommends on page 2, under point 2, "Remove the pipes out of the swales. The intention of these swales were for pretreatment to the infiltration basins". In a response dated December 17, 2008 Mr. Luke Menius of Stroud Engineering states that a) the piped sections of swale "appear to have been installed by the homeowner', and b) the pipes are "functioning as the swales on the permitted plan were supposed to". We .strongly disagree with both of these statements, a) the length and size of pipes involved at 6 different locations would be beyond the capabilities of individual homeowners, and b) the main purpose of the swales is for pretreatment of the infiltration basins. Without the swales there is no pretreatment. 3. NCDENR Notice of Violation dated September 8, 2009 again addresses the piping of swales. in a response dated October 30, 2009 Mr. James Fentress of Stroud Engineering includes a) "a copy of the plan modified to show piping of the noted swales", and states b) "The swales were not piped by the permit holder. These were piped by either the builder or homeowner in violation of the covenants ......". The SW8 020608 modification narrative goes on to state "An inspection revealed that a number of conveyances that were permitted as swales were later piped by lot owners. It is noted that piping of swales is a violation of the permit conditions. Having said that, piped conveyances are allowed in high density projects. As such the modified plan indicates these conveyances as being piped. These conveyances were permitted as swales 1, 2, 3, 6, 7 and 8. As before, we strongly disagree with the statements by Stroud Engineering. Stroud has made no justification to leave pipes in place of the approved swales. They have made no calculation to confirm that the basins, especially basin 3, can handle the increased water flow by having the pipe inverts at the bottom of the drainage ditches as opposed to the top of.the drainage ditch in the case of a swale, and they have made no calculation of the impact of the increased silt and sediment flowing into the basins due to the lack of a pretreatment device. We would request that these items be addressed prior to any approval of the proposed modification by your office. 4. The submitted (and we assume approved) Stormwater Management Permit SW8 020608 includes an Infiltration Basin Supplement, which is based on "design calculations, soil report and plans and specifications showing all stormwater conveyances and system details". Under the permit part III. Required Items Checklist, item I. requires "A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided", and item p. "A benchmark is provided to determine the sediment accumulation in the pretreatment device". Under permit part IV. Infiltration Basin Operation and Maintenance Agreement, paragraph 4 refers on four occasions to the "pretreatment system", and the "pretreatment unit" in terms of sediment control. We contend that with the piping of swales no such pretreatment device/system/ unit exists, and the requested modification for piping of swales should not be approved. We suggest that, either a) the pipes be removed as originally recommended, or b) the full impact of the piping of swales be addressed by the Engineer with detailed calculations and a new Operation and Maintenance Agreement be submitted which is not to the detriment to, or cost of, the HOA. Our HOA has suffered a lot of expense due to sedimentation in our basins, and our homeowners adjacent to basin 3 have experienced flooding during heavy rainfahs, which we consider to have been caused, at least in part, by the piping of the swales. Many thanks for your consideration, Robert Taylor Sent from my Pad On Mar 22, 2018, at 3:57 PM, Lewis,Linda <linda.1ewis2ncdenr.gov> wrote: The Division's jurisdiction does not include a review for pipe sizing, drainage or flooding. The stormwater rules do not have any requirements to size pipes other than the small diameter drawdown pipe for a wet pond or an underdrain for a sand filter system. The engineer that designed the pipe is the one responsible for those calculations, not the Division. Linda From: hampstead„hoA gmail.com [mailto:ham steadhoa mail.com] Sent: Thursday, March 22, 2018 3:31 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: rmeredith@pendercountync.,gov; Taylor, R&D <robndeb taylor@hotmail.com> Subject: Re: [External] Forest at Belvedere phase 6 External email Db not click li6k5:or open attachments unless venfied. Send all suspicious email as an a ttaehrnent.toRe ort 5 arTlrk:y ety t.W� Pe F9y t r s a. Sorry, I prematurely hit send... shouldn't stormwater calculations have been reassessed following the change in plans to pipe rather than swales? Elizabeth Parker Owner/Operator Atlantic Shores Management https: //www.atlanticshoresma nagement.com 910-270-9975 On Thu, Mar 22, 2018 at 3:28 PM, hampsteadhoa@gmail.com <ham psteadhoa@gmail.com> wrote: Mrs. Lewis, In the files we looked at the other day there were notes that said that the modifications to the swales does not affect the drainage. We feel that that information is incorrect and the drainage is highly affected by the mod ifications..These homes have had issues with flooding for many years. What information do we need to provide in order to have this looked at? Elizabeth Parker Owner/Operator Atlantic Shores Management https://www.atlanticshoresmanagement.com 910-270-9975 On Tue, Mar 13, 2018 at 2:23 PM, Lewis,Linda <hnda.lewis(EDncdenr.gov> wrote: As -built plans are not a required item under the version of the stormwater rules that this permit was issued under. The certification submitted by the designer upon completion of the project may be accompanied by a drawing which reflects the as -built condition of the permitted BMP, but not of the subdivision itself. Ideally, if anything about the approved plans for the subdivision was changed, we would have at least approved those revised plans. I will be happy to set up a file review appointment for you to review the file to see if you can find any as -built plans. Linda Lewis, E.I. Environmental Engineer II! Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message----- _. From: Elizabeth Justice mai to: ampstea o,agmail.com] @ , Sent: Tuesday, March 13, 2018 12:58 PM To: rmeredit.Ppendercountync.gov Cc: Lewis,Linda <linda.lewis2n_cdenr.gov> Subject: [External] Forest at Belvedere phase 6 CAUTION: External email, Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Linda, I spore to Ron Meredith today. I'm looking to get my hands on the "as built" maps/plans for this subdivision to gather all of the information needed to proceed further with Mr. Scott Cook. Thank you! Sent from my Whone STATE OF NORTH CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION: �:1L \ GJ�[pr REVIEW TIME/ DATE-: 3 ��^� 2&0/ NAME: f EMAIL: tl C)a(;E , tr �I REPRESENTING. ,` Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files_ Appointments will be scheduled_ between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is S.05 cents. Payment may be made by check, money order, or cash at the reception desk, 5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 6 _ Necessary large plan copies can be scheduled with Camcr-on. Weaver fr.ncdenr.(ov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on to of the file. Allways Graphics can be contacted to set up payment options. tWritten'questi6ns may bii�left with this completed form and a staff member will be in contact with you 1 F.yoii provide"your contact information where indicated'abovc.l 7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. 2E 2. 4. 5. C(C, tQ- A 5L a0111- Da C� m Signatur. ame of Firm/ usiness Date MM/DD/YY Time Time Out COPIES MADE -I (P. PAID INVOICE GJADM/Shared/File Revicw Access form rev 2018 �,Le s,Linda From: Lewis, Linda Sent: Monday, February 12, 2018 12:04 PM To: 'Pat O'Mahony' Subject: RE: [External] FW: Drainage easement @ 406 Azalea Drive lot 12 Pat: According to the approved plan I have for SW8 020608 for The Forest at Belvedere Phase 6, the area behind the lot at 406 Azalea Drive is part of the drainage easement for Infiltration Basins 4A, 4B and 4C required by that permit. One of my favorite responses to the statement that because it was done before, we should continue to allow it, is that I am under no regulatory obligation to repeat any mistakes. If there are parts of homes within the drainage easement, I don't claim responsibility since we don't review the individual lot plans for compliance prior to construction. Unfortunately, that was the job of the permit holder, Scott Cook, manager of The Forest at Belvedere, LLC. Mr. Cook dissolved that LLC in May 2008 and we have not been able to get Mr. Cook to respond to requests to address the compliance issues and transfer the permit to the HOA. I'm going to take another stab at contacting Mr. Cook based on his newest mailing address in Leland. Having said that, this is an older permit, and the language regarding easements is not quite as detailed as it is in later permits. This permit only says that the treatment system must be located in a recorded drainage easement and that the permittee has to maintain the approved stormwater facility. The state does not regulate what other things may or may not be constructed within the drainage easement. I would suggest that the lot owner refer to the HOA and to the declaration of covenants and restrictions which were recorded on May 20, 2003 in DB 2123 at PG 092 for any information regarding what can and can't be built within the drainage easements for this project. Specifically, Article XII, Section (11) prevents the construction of any structure within a drainage easement except as allowed by the stormwater permit. The lot owner should be made aware that the purpose of a drainage easement is to allow for the construction and maintenance of the drainage facilities. Any structures that block the easement may need to be removed in order to perform that maintenance. I don't think a sunroom is an easily "removeable" type of structure. The recorded maximum BUA limit for this lot is 3500 sf. Please make sure that the sunroom addition will not cause the lot owner to exceed that amount. Linda From: Pat O'Mahony[mailto:pomahony@pendercountync.gov] Sent: Monday, February 12, 2018 10:02 AM To: Lewis,Linda <linda.lewis@ncdenr,gov> Subject: [External] FW: Drainage easement @ 406 Azalea Drive lot 12 "u External emai(:,Do not click links or openiattach ments unless Ger€fied ;Send all suspicious ema€I as an attachment to R!t S a in. Good morning Linda, 4!:am hoping that you can give me some guidance or information on the property listed in the subject line (PIN 4204-50- 9696-0000). The property owner came in to permitting looking to construct a sun room that would encroach on the existing drainage easement in the rear of the property. It was the determination of staff that the application could not be processed due to those easements likely being part of a state stormwater permit. The applicant provided a survey showing portions of the house already within these easements as well. I'm hoping you might be able to shed some light on this. Any help would be appreciated. Thanks, Pat O'Mahony, MPA, CZO Senior Planner .Pender County Planning & Community Development (910)259-1734 805 S. Walker Street (Physical Address) PO Box 1519 (Mailing Address) Burgaw, NC 28425 Pender 2.0 • PENDER [DVNY7 Nt From: Mike Cordle [mailto:mcordle58@Bmail.com] Sent: Thursday, February 8, 2018 4:41 PM To: Pat O'Mahony <pomahony@pendercountync.gov> Subject: Drainage easement @ 406 Azalea Drive lot 12 Pat, My name is Mike Cordle and my wife Susan Kirkendol own this property together. She purchased this property with her ex-husband while under construction. When the HOA had a survey done to verify common areas we discovered the easement issues that you saw on the survey map yesterday. The developer de -solved his LLC and we hire an attorney because we wanted to know why and how this plot plan was approved.? I told you how the judge ruled yesterday but this is not right and we need drainage easement variances for the house and the proposed sunroom. You said that these easements were tied to the state but a Pender County inspector approved the plot plan when the house was built and the case was herd in the Pender County court house. We really need your help and you can reach me at 910-231- 6910. 1 do think it would help you to see the property now before the DOT replaces the drainage pipes under Azalea Drive. If you need more information please let me know. Michael F. Easley, Governor William G. Rossk. Secretary. North Carolina Department of Environment and Natural Resources Alan W. Klimtk, P.E. Director Division of Water Quality January 5, 2007 Mr. Jerry Della Bella The Forest at Belvedere Plantation 120 Azalea Drive Hampstead, INC 28443 Subject: Stormwater Permit No. SW8 020608 Request to install piping Dear Mr. Jerry Della Bella: The Wilmington Regional Office received a request by you to pipe both the front and rear swale of your lot (#32) located on Azalea Drive in Hampstead, Onslow County. These swales are stormwater conveyances, therefore they are not technically part of the stormwater treatment for this site. They transport stormwater into the infiltration basins and trenches located at the rear of the lots along Azalea Drive. This agency has no objection to you piping the swales. It is important for you as the homeowner to ensure that all State, County, and local stormwater regulations are followed. The covenants and deed restrictions for this section of Belvedere Plantation must also be followed. Any deviations of the regulations must be brought to the attention of the developer and the Home Owners Association. These requests are only done on a case by case basis. If you have any questions, or need additional information concerning this matter, please contact Gary Beecher at (910) 796-7215. Sincerely, • 1.0L. Gary echer Environmental Technician Surface Water Protection Section NoAhCarolina Natura!!!l North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Wilmington Regional Office Internet: www.ncwaterquality.org Fax (910) 350-2004 An Equal Opportunity/Affirmative Action Employer — 50% Recyded110% Post Consumer Paper Customer Service 1-87 7-623-6748 U.S. Postal Servicem ul CERTIFIEDMAIL,,, RECEIPT r-q (Domestic Mail Only; No Inswance Coverge it ru 0FFICIALL S•L � / Postage $ .rl1 C3 �� l/Cerdflad Fee Z , j �O�gZ O 0 ` Retum Receipt Fee (Endorsement Required)3 '7 — yarol ru � f11 Restricted pelivery Fee , (Endorseme nt Required) V q LQ N ' I'I 0 1 rl.! Total Postage &Fees `J �1v � 00 1ti p ntTo scv f Ca�lc = i C7 (� Slreef. Apt. No.;...................... - --...._•----------- -------------------- o,Pa,�XNo. �UCo A CCU e� z �-- Ciry, stare. zrP+4 -•-------------------------------------------- wri a N6 Z��o NITER STATES POSTAL. SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC D E N R —j/P ' ] 27 CARDI-NIAL DRIVE EXT. WILMINGTON, NC 28405 i;:i�;iii;;;:i;i;;i;i;;I;,lii;;;FiI;:;;i;Il;;=li;;;it ■ Complete items 1, 2, and 3. Also complete item 4 tf Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the matlpiece, or on the front if space permits. 1. Article Addressed to: A. Sign Lure x ,w ❑ Agent •�d1 ❑ Addre B. PAcelved by (Printed Name) I C. Date of Deli D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ❑ No Scott co& 106-A Cinema Drive Wilmington, NC 28403 3. Service Type ❑ Certified Mail ❑ Express Mai[ ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 0220 0000 8222 7115 (]"ransfer from NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves, Perdue Coleen H. Sullins Governor Director April 15, 2010 CERTIFIED MAIL #7007 0220 0000 8222 7115 RETURN RECEIPT REQUESTED Scott Cook 106-A Cinema Drive Wilmington, NC 28403 Subject: PROJECT RETURN NOTICE OF CONTINUING VIOLATION and RECOMMENDATION FOR ENFORCEMENT The Forest at Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cook: Dee Freeman Secretary On November 19, 2008 and August 24, 2009, staff of the Wilmington Regional Office of the Division of Water Quality performed a Compliance Inspection of the subject project, located at Azalea Drive in Hampstead, Pender County, North Carolina. The inspection was performed as a result of complaints of flooding to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. As a result of the non -compliances found during both inspections, a Notice of Violation with Recommendation for Enforcement was issued on November 19, 2008 and September 8, 2009. The latter Notice was returned as undeliverable however, it was resent to the Cinema Drive address on October 14, 2009, receipt of which was acknowledged by Cindi White on October 16, 2009. A subsequent permit modification, intended to address the deficiencies identified in the Notices of Violation, was submitted to the Division and accepted as complete on December 1, 2009. A request for additional information was made by review staff on December 16, 2009, and was due back by January 16, 2010. The requested information has not been submitted as of this date, and no request for a time extension has been received, therefore the project is hereby returned as incomplete. The project has been found in continuing violation of Stormwater Permit Number SW8 020608, issued pursuant to the requirements of 15A NCAC 2H.1000. All of the previous violations listed in the November 19, 2008 and October 14, 2009, Notices are reactivated with the return of this project. The Division is also hereby notifying you that we are proceeding with the enforcement action for failure to comply with the conditions of the permit. If. you have an explanation for these violations that you wish to present,,please respond in writing to me within ten (10) days following receipt of this Notice.. Your explanation will be reviewed and forwarded to the Director with the enforcement package for consideration. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 North C aroli na Internet: www.ncwaterquality.org '}, a`ul l , An Equal Opportunity 1 Affirmative Action Employer (� �/ ra"L✓! April 15, 2010 The Forest at Belvedere Phase 6 Stormwater Permit No. SW8 020608 In the meantime, please resubmit a permit modification which addresses the items listed in the Division's December 16, 2009 request for additional information letter. The resubmittal of the modification will require a new application, fee, plans, etc. as all of the previous application documents are no longer valid and the fee was forfeited. The permit modification application package should be received no later than 30 days after receipt of this Notice. Please note that the enforcement action will proceed whether or not a modified permit application is submitted. By copy of this letter to the Pender County Planning Department, this Office is requesting that the Building Inspector consider withholding all building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David Cox or me at 910-- 796-7215. Sincerely, d=�y��cott Stormwater Supervisor Division of Water Quality GDSlarl: S:IWQSISTORMWATERINOTICE1020608.apr10 cc: Luke Menius, P.E., Stroud Engineering Pender County Planning Department John Hennessy, DWQ Compliance & Enforcement Georgette Scott Wilmington Regional Office Stormwater File DWQ Central Files Page 2 of 2 Lewis,Linda From: Lewis, Linda Sent: Tuesday, February 16, 2010 12:24 PM To: 'Luke Menius' Cc: Scott, Georgette Subject: SW8 020608 The Forest at Belvedere Ph 6 Luke: 1 requested additional information on December 16, 2009, for the proposed modification to this project. As of today, the required information has not been submitted and is now 30 days past due. You have not submitted a request for a time extension. The project will returned as incomplete on Friday, February 19, 2010. A total time extension of up to 30 days can be granted, but since the project is more than 30 days past due already, your first time extension is already gone. If you need more time to resubmit the required information, please address your request for a time extension to Georgette Scott. Linda Please note my new email address is Linda.Lewis@ncdenr.gov Linda Lewis NC Division of Water Quality 127 Cardinal brive Ext. Wilmington, NC 28405 910-796-7215 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. ZWKWA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor December 16, 2009 Scott Cook The Forest at Belvedere, LLC 106-A Cinema Drive Wilmington, NC 28403 Division of Water Quality Colleen H. Sullins Director Subject: Request for Additional Information Stormwater Project No. SW8 020608 Mod. The Forest at Belevedere, Phase 6 Pender County Dear Mr. Cook: Dee Freeman Secretary The Wilmington Regional Office received a modified State Stormwater Management Permit Application for The Forest at Belvedere Phase 6 on December 1, 2009. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The Forest at Belvedere, LLC, was dissolved effective May 21, 2008. The proposed stormwater permit modification cannot be issued to a dissolved corporation. Please either provide a new corporate name, which is currently listed as active with the Secretary of State, or list yourself as the applicant without any reference to The Forest at Belvedere, LLC. 2. Please add Basin #6 design information to the plans. This basin is the only basin that does not have its drainage area and BUA listed on the plans. 3. It appears that a new 50' street section has been added to the plans, which was not shown on the originally approved 2003 plans. Please identify where each of the proposed street sections will apply by listing the street names and station numbers under each street section. Please recalculate the street built -upon area based on this new street section. Please add street names and station numbers to the plans for clarity. 4. Please revise Note #7 on the plans to include the newly created Lots 95-100. Will these be Estate lots or Patio Home lots? 5. The fill slopes and the back of the road ditch side slope on the proposed street section details are currently shown as 2:1. The stormwater rules require slopes to be no steeper than 3:1. The original approved 2003 plans show both of these slopes as 3:1. Please correct. 6. Please initial pages 4 & 5 of the application in the blanks provided Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-2004 4 Customer Service: 1-877-623-6748 NorthC rolina Internet: www ricwaterqualo org Naturally Jtatura l y An Equal Opportunity 1 Affirmative Action Employer �/ 3 di " Scott Cook December 16, 2009 Stormwater Application No. SW8 020608 Mod. 7. It appears that the plan sheet 2 of 12 submitted on December 1, 2009, will take the place of the previously approved 2003 plan sheets 1 of 4 and 4 of 4. If this is your intent, sheets 1 and 4 will be replaced by sheet 2 of 12 in the new approved plan set. The detail sheets from the original 2003 approval will remain as part of the new approved plan set and in full force and effect. Please note that a revision to one number may have a domino effect on other numbers, which may require revision of the applications, calculations, supplements, plans, details, and associated documentation. Please verify all numbers are correct to ensure consistency in -the application documents. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to January 16, 2010, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at linda.lewis@ncdenr.gov. Sincerely, 4i� - Linda Lewis Environmental Engineer III GDS/arl: S:IWQSISTORMWATERIADDINF0120091020608.dec09 CC: Luke Menius, Stroud Engineering Wilmington Regional Office Stormwater File Page 2 of 2 Johnson, Kelly From: Luke Menius [Imenius@stroudengineer.comj Sent: Tuesday, December 01, 2009 10:55 AM To: Johnson, Kelly Cc: jfentress@stroudengineer.com; scott@nccoastal.org Subject: SW8 020608 Attachments: nov response 103009.pdf I am poised to submit the items you requested in the 11/24/09 letter, except for the sample deed restriction document. Deed restrictions have already been recorded for these lots. These restrictions were recorded with language as required by SW8 020608 and cover all lots in The Forest at Belvedere Phase 6, including the 6 lots of interest. Furthermore, the developer has no authority to amend deed restrictions for lots no longer owned by him. A copy of this document was provided to NCDENR on 10/30/2009. 1 have attached a copy of this correspondence for your review. The application for modification and associated review fee, narrative, and revised plans are forthcoming. Please let me know if there are any further questions or concerns regarding these materials once you have conducted your preliminary review. Thanks, Luke STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA28403 (910y815.0775 October 30, 2009 NCDENR Attn.: Georgette Scott 127 Cardinal Drive Ext. Wilmington, NC. 28405 Re: The I"orest at Belvederc Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Ms. Scott. I am writing on behalf of the permit holder, The Forest no, Belvedere, L.LC, in response to the Notice of Violation (NOV) dated September 8, 2009. I would like to address each of the deficiencies noted in the NOV. This is understood to be the `Plan of Action" required by the NOV. The permit holder's contractor went to the site in efforts of installing piping as necessary to collect the development drainage and convey it to the infiltration basin 4a and 4b. This work was strongly objected to by the adjacent property owner. The contractor was warned not to conduct the work as it was within the maintenance limits of this adjoining property. In as much as the permit holder no longer owns any property within the development, he was reluctant to initiate the work, I propose to write a letter to the property owner to include the NOV as substantiation to the necessity of the proposed work. The contractor will then attempt again to complete this work within the road right of way. I am including a copy of the plan modified to show piping of the noted swales, as well as the single Iamily lots that were substituted for the: multi -family buildings. T.he swales were not piped by the permit holder. These were piped by either the builder or home owner in violation of the covenants that the permit holder had recorded. Despite this, they do not constitute alteration of the primary BMP understood to be the infiltration basins. The single family lots were substituted for several multi-Iamily buildings and constitute a reduction in overall imperviousness. This is substantiated by the attached Declaration and referenced record map. The built upon area (BUA) permitted for the multi -family runts is given to be 48,076 square feet. The six new lots were annexed into the original covenants and thereby restricted to 3,500 square feet per lot. This renders a reduction of27,076 square feet in overall development BUA. This is understood to not constitute a modification ol'any of the permitted BMP's. Given the premise that there has been no alteration of the; primary BMP I suggest that only a minor permit modification is necessary. 107 COMMERCE ST HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE. NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 315-0775 (252} 247-7479 When the contractor is able to complete the installation of the aforementioned piping to convey development runoff to the infiltration basins 4a and 4b I will provide the Engineer's C;crtification for the system as built. We anticipate that these el Torts can be complete within two months of this m"riling. I hope that this addresses your concerns. Please feel free to contact me with any questions or issues that you may have, rTliank you, 1 `Jame H. Fentress, Jr. PLS ,IHF jf File FAmaster\pw-IG5\%vpollorestplanofaction.doc FILED gK2750PG094 .I�r�� N. s'�'IcFcocu EGISIE-I OF HEEDS Recorded and V10MR91i Joyce M. Swiceped Register of DHd1 AMENDMENT pealff cowyr c� TO 0 DECLARATION FOR THE FOREST AT BELVEDERE PLANTATION PHASE 6 This AMENDMENT TO DECLARATION POR THE FOREST AT I �!. BELVEDERE Pl ANT'ATION PIIASE 6 ("Amendmen('•) trade and entered into the Ili' day of August, 2005, by and between .TERRY SCOTT, LLC, a North Carolina limited liability I company (hereinafter "Dcclmnt"); mid ALL PROSPECTIVE PURCHASERS AND OWNERS of real property within The Forest at Belvedere Plantation Phase 6. i WITNESSETH: WHEREAS, Declarant has caused to be recorded that certain Declaration for The 1--orest at Belvedere Plantation Phase 6 in Book 2123 at Page 092 in the office of the Register of Deeds of Pander County (the "Declaration"): and, ; WHEREAS, pursuant to Section XIM, Development of the Subdivision, of the I Declaration, the Declarant reserved an option to expand the Propetty zrd subu;it Additional Property to the Declaration; and, WHEREAS, Declarant desires to add as Additional Property to the Property all of the real estate described on Exhibit A attached hereto and incorporated herein by reference. NOW, TIiEREFORE, Declarant, acting pursuant to the provisions of Section XIV of the Declaration, does hereby amend the Declaration by submitting the real estate described on Exhibit A to the Declaration and the jurisdiction of the Association. Prepaird by WAMAPMSsu-tri, P.A., 127 Racine Drive, Wilmington, NC 28403 Please return to WABDANMSMnH,P.A., P.O. Box 7068, Wilmington,NC, 284U6 _ 3 �w 61{2350PG095 IN TESTIMONY WHEREOF, the parties hereto have caused this Amendment to be executed under seal and in such form as to be binding, this the day and year first above written. JERKY SCOTT, LLC (SEAL) a North Carolina limited liability company By; ;.,t(SEAT.) H. Cook, Manager STATE OF NORTH CAROLINA COUNTY OF t�t.J a15,if— L �h17A Vf-ail. —vb.I , a Notary Public in and for said County and State, do bczeby certify that SCOTT H. COOK before, me this day personally appeared, who being by me fist duly sworn, says that he is a manager of JERRY SCOTT, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is cite act and deed of said limited liability company. WITNESS my hand and notarial seal, this the day of ¢'t- , A' Notary Public My Commission Expires: r NOTA,gy NORTH XCAROUNA o Ef � E�� N Tits: foregoing (or anned) `= is a ri certified l0 he correct �• �BLIG :�,; Thlsl�dayo�A 2iL�s •........-..'. JO M. 54�+10EGOOD • PeMlder unty egtsfet of Deeds A Chu !!11l�111151411�,; 0303I a-0001 Register of DeeiL WI,MAIM12764211 f OK2750PG096 Exhibit A All that tract or parcel of land lying and being situate in the Pender County, North Carolina, shown and designated on that map entitled "TI3E FOREST AT BELVEDERE PLANTATION - PHASE 6•G", said map being recorded in Map Book 40, at Page 5, in the office of the Register of Deeds of Pender County, North Carolina. f2K 212 4 PG I I I " properly stored in an enclosed area such that no part of such vehicle is visible to anyone frorn the Streets located in the Subdivision. (13) Any and all erosion frnm a Lot occurring as the result of any construction on said Lot must stabilized and controlled as described hereinabove. within sixty (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. - �— (I The maximum allowable "built -upon area" on any Lot in the Subdivision is 3,500 square fcc Built -Upon Area" includes any area constructed within the Lot property. undticics.aird that portion of the right-of-way between the front lot line and the edge of the pavement. "Built -Upon Area" includes, but is cot limited to, structures, asphalt, Concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood docking, or the water surface of swimming pools. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited by any persons. A thirty (30) foot wide vegetated buffer between all impervious areas and surface waters shall be maintained on each Lot. All roof drains shall terminate at least thirty (30) feet from the mean highwattsr mark of any surface waters. The covenants set forth in this Paragraph (14) are intended to ensure ongoing compliance with State Stormwater Management Permit No, S W8020608 as issued by the Division of Water Quality under NCAC 2H.IOW and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein (the "Permit"), The State of North Carolina is inadc a beneficiary of the covenants set forth in this Paragraph 14 to the extent necessary to maintain compliance with the Permit, The covenants set forth in this Paragraph (14) pertaining to Stormwater may not be altered 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 stormwater plan for the Subdivision may not take place without the concurrence of the State. (15) In the event the Owner of a Lot shall damage or through negligent failure to art.altnw damage Co occur to any drainage or utility easement or Stormwater Management Facilities}ocaicd in the Subdivision, the Owner of said Ixt shall be responsible and liable for the repair or replacement of said drainage or utility casement or the Stormwarer Management Facilities as provided in these Restrictions. From and after the time the Permit is transferred to the Corporation, Declarant shall have no respunsibilily for maintaining any drainage easements or Stormwater Management Facilities in the Subdivision except drainage easements or Stormwater Management Facilities located on Lots owned by Dec]arant. Within the drainage and utility easements set forth in these Restrictions or shown on the Maps, no structure, fencing, planting or other material shall be placed or permitted to remain which may damage or interfere with dic installation or maintenance of utilities or which may change the direction or flow of drainage channels in the easements or violate the provisions of the Permit. (16) It shall be the obligation -of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert ordrain pipe beneath any driveway located on said Lot as said driveway crosses the ditch or Swale line at the front of the Lot in order that the natural flow of drainage wi11 not be at any time blocked along the street. The culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch line, In no STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA28403 (910)815-0775 December 1, 2009 IRS no mm Attn.: Georgette Scott 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: The Forest at Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Ms. Scott, �Q�r C p By. 12009 Please find the attached $505 check, application for modification, r_"posed modifications and repairs, and revised plan. These items are being provided i, a letter dated 11/24/09. It is the intent of the permittee to make proposed repairs to the collection system along Azalea Drive upon issuance of a permit modification covering said repairs and the concurrence of adjoining property owners. Please let me know if you have any further questions or concerns. Thank you, H. Fentress, Jr E, PLS attachments JHFIIm cc: Scott Cook File F:\masterlpw-1651wpolforestplanofaction.doc 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-0 CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 STROUD ENGINEERING, P.A. ' 102-D Cinema Drive WILMINGTON, NC 2840Rn��yyV�+ EC 1 j6 2409 (910) 815-0775 TO GDF� WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via D Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ l LL LJ cTLgn ©11 V o e LJU@LJ 0 LJ CTM1L DATE, , O ,E4N•TSON JOB ATT G e fie. RE: F4.�;o„ ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION C�"�� 1 lic a �ili ✓1 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US DEC 0 12009 COPY TO SIGNED. If enclosures are not as noted, kindly notify us at once_ �' • �.. :`. •.,, 4' i� It 1 i `~ } 4� f �5' i , ; � , [` 4 J 1Jr t . � , i�4 4` � w _. �. S- . f��. r J .r Y,Sr. •� �� s ;.' y 1 Neighborhood Properties.com, LLC 111o6 106 A Cinema Drive Wilmington, NC 28403 + 910-343-9202 BRANCH BNKG AND TRUST COMPANY 2085 Wilmington, NC 28403 66-1121531 121112009 PAY TO THE NCDENR $—505.00 ORDER OF r L Five Hundred Five and 001100*******t'*****"****., „`**."*** *" *'"*"******".********'*****"*******"'«'** '*** DOLLARS NC Dept of Environment & Natural Resource MEMO NP Modification to Azalea Dr Sewer -Forest of Bely +1000 208 511' t:0 5 3 10 1 G '6' Zr/�L�C/ County: � f_/�7 O� The Wilmington Regional Office of the Division of Water Quality received your Stormwater Permit Application & $505 fee on l Z /_G Your project will be reviewed within 75 days of receipt & you will be notified if additional information is needed. Please be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued. If you have any questions, please contact any member of the Stormwater review staff in the Wilmington Regional Office at (910) 796-7215. Jo Casmer Administrative Assistant Neighborhood Properties.com, LLC 2085 NCDENR Date , -Type Reference 121112009 Sill FB-Azaela Dr Mod 12/1/2009 Original Amt. Balance Due Discount 505.00 505.00 Check Amount Payment 505.00 505.00 BB&T Account #2 Modification to Azalea Dr Sewer -Forest of BeIV 505.00 s f=ll_ELl BK2750PG094 05 P= 18 AM 9: 01 h:'YCE K SWICEGOOE ZZGISIEN OF HEEDS PEHf)EF, C0U4TY,RC Recorded Ed V4 1118d Joyce M.8v pot Regl W of IM .'AMENDMENT Perula TO DECLARATION FOR THE FOREST AT BELVEDERE PI..AN NATION PHASE 6 This AMENDMENT TO DECLARATION FOR THE FOREST AT � E BFI,VEDERE PLANTATION PHASE 6 ('Amendment") made and entered into the lF day of August, 2005, by and batween JERRY SCOTT, LLC, a North Carolina limited liability company (hereinafter "Declarant"); and ALL PROSPECTIVE PURCHASERS AND OWNERS of real property within The Forest at Belvedere Plantation Phase 6. WITNESSETH: WHEREAS, Declarant has caused to be recorded that certain Declaration for The Forest at Belvedere Plantation Phase 6 in Book 2123 at Page 092 in the office of the Register of Bleeds of Pender County (the "Declaration"); and, WIIEREAS',`pursiiaaf:to_Section X1V, Development of the Subdivision, of the Declaration, the Declarant reserved an option to expand the Property i.d submit Additional Property to the Declaration; and, WHEREAS, Declarant desires to add as Additional Property to the Property all of the real estate described on Exhibit A attached hereto and incorporated herein by reference. NOW, TIIrREFORE, Declarant, acting pursuant to the provisions of Section XIV of the Declaration, does hereby amend the Declaration by submitting the real estate described on Exhibit A to the Declaration and the jurisdiction of the Association. Prepared by WAan Arm Sr-mL P.A., 127 Racine Drive, Wilmington, NC 28403 Please return to WARD AM Strt,PA., P.O. Box 7068, Wilmington, NC, 284O6 3 -5w k2 75 OPGO 95 IN TESTIMONY WHEREOF, the parties hereto hai�e caused this Amendment to be executed under seal and in such form as to be binding, this the day and year first above written. TERRY SCOTT, LLC (SEAL) a North Carolina limited liability company By: (� (SEAL) ;.,t H. Cook. Manager STATE OF NORTH CAROLINA COUNTY OF &i&W 4a"L&W— L , a Notary Public in and for said County and State, do hereby certify that SC TT H. COOK before me this day personally appeared, who being by me first duly sworn, says that he is a manager of JERKY SCOTT, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto-, and that the instrument is the act and deed of said limited liability company. -) WrMSS my hand and notarial seal, this the I IOC'day of at-'('Uq- g —7 - -3- 1's. n. I lip Notary Public My Commission Expires: t) 5 K E NORM CAROLINA - PENDF p, COUNly., The foregoing A& ' I � y. (Or annexed} certificate oir—S— C-, 2 '.'ai Certified to be w OL nrcL ThjdLday 20-LS— J0 !9YD�M- SAff(CEGOOD -Fender uti Oster of DCC6 03031B-M Register of Dee,;, WLMAM1276421t BK2750PG096 Exhibit A All that tract or parcel of land lying and being situate in the Pender County, North Carolina, shown and designated on that map entitled "TIiE FOREST AT BELVEDERE PLANTATION - PHASE 6-G", said map being recorded in Map Boob 40, at Page S, in the office of the Register of Deeds of Pender County, North Carolina. PK2123PGIII properly stored in an enclosed area such that no part of such vehicle is visible to anyone from the Streets located in the Subdivision. (13) Any and all erosion from a Lot occurring as the result of any construction on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. 1 The maximum allowable "built -upon area" on any Lai in the Subdivision is 3,500 square feet Built -Upon Area" includes any area constructed within the Lot property undaries a;Gd Ehat 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. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited by any persons. A thirty (30) foot wide vegetated buffer between all impervious areas and surface waters shall be maintained on each Lot. All roof drains shall tenninate at least thirty (30) feet from the mean highwater mark of any surface waters. The covenants set forth in this Paragraph (14) are intended to ensure ongoing compliance with State Stormwater Management Permit No. S W8020608 as issued by the Division of Water Quality under NCAC 2H.low and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into (he Subdivision by Declarant a; provided herein (the "Permit"), The Slate of North Carolina is made a beneficiary of the covenants set forth in this Paragraph 14 to the extent necessary to maintain compliance with the Permit. The covenants set forth in this Paragraph (14) pertaining to stormwater may not be altered 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 stormwater plan for the Subdivision may not take place without the concurrence of the State. (15) In the event the Owner of a Lot shall damage or through negligent failure to act.aPow,damage to occur to any drainage or utility easenent or Stormwater Management s Faciliiies,locatcd in the Subdivision, [lie Owner of said Lot shall be responsible and liable for the repair or replacement of said drainage or utility easement or the Stormwater Management Facilities as provided in these Restrictions. From and after the time the Permit is transferred to the Corporation, Declarant shall have no responsibility for maintaining any drainage easements or Stormwater Management Facilities in the Subdivision except drainage easements or Stormwater Management Facilities located on Lots owned by Dec]arant. Within the drainage and utility easements set forth in these Restrictions or shown on the Maps, no structure, fencing, 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 casements or violate the provisions of the Permit. (16) It shall be the obligation of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on said Lot as said driveway trusses the ditch or Swale line at the front of the Lot in order that the natural flow of drainage will not beat anytime blocked along the street. The culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. In no 18 SW8 020608 MODIFICATION NARRATIVE Introduction This modification seeks to address discrepancies between the permitted plan and what has been built. These discrepancies include a section permitted as multifamily that was later platted as single family lots and a number of conveyances that were permitted as swales but later piped by the builder/homeowner. This modification proposes no changes to drainage areas, BUA, or structural BMPs. Built Upon Area Infiltration Basin 5 was permitted for a total of 89,370 sf of BUA. This area included 9,800 sf roads, 13,300 sf parking, 34,770 sf multifamily buildings, and 31,500 sf single family lots (9 lots w/ 3500 sf each). The multifamily section was abandoned in favor of 6 single family lots subsequent to issuance of the stormwater permit. No changes to the drainage area, collection system, or infiltration system resulted from this revision. As such, we are seeking to reallocate the permitted BUA to reflect 9,800 sf roads, 52,500 sf single family lots (15 lots w/ 3500 sf each), and 27,070 sf future reserve. The 6 new lots are subject to the same restrictive covenants as the 9 originally permitted lots. Collection System An inspection revealed that a number of conveyances that were permitted as swales were later piped by lot owners. It is noted that piping of swales is a violation of the permit conditions. Having said that, piped conveyances are allowed in high density projects. As such, the modified plan indicates these conveyances as being piped. These conveyances were permitted as swales 1, 2, 3, 6, 7, and 8. An inspection also revealed that roadside ditches on both sides of Azalea Drive in front of lot 13 do not tie to the collection system and instead discharge into a ditch running under the road. The proposed remedy on the northeast side of Azalea Drive is to realign the roadside ditch to direct runoff towards the existing FES located in the shoulder. On the southwest side of Azalea Drive, the culvert for the lift station driveway will be extended to tie into a junction box located in the shoulder. All runoff will then be routed to infiltration basins 4a and 4b as permitted. The realigned swale and newly established shoulders shall be stabilized with bermudagrass sod. The proposed work is located entirely within the Azalea Drive right of way, which is recorded as public but has not been conveyed to the NCDOT for maintenance. of 1200,9 famasterlpw1651wpolswnarrative 11-30-09.wpd North Carolina Secretary of State Page I of I North Carolina Elaine F. Marshall DEPARTMENT OF THE ' Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 {919j807-2000 CORPORATIONS Date: 1211612009 orporations Home C Search By Corporate Name V f Search For New & Dissolved earch By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits L I Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION BBE 132B Annual Reports OSID Number Correction 001 Bill Summaries 1999 Senate Bills Annual Reports 1997 orporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS tart An Order New Payment Procedures CONTACT US orporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page here to: Document Filings I Sign Up for E-Notifications I "int apre•populated Annual Report Form I Annual Report Count I File an Annual Report I Names Name Name Type NC The Forest at Belvedere, LLC. Legal I Liability Company Information SOSID: 0541001 Status: Dissolved Date Formed: 3/14/2000 Citizenship: Domestic State of Inc.: NC Duration: Perpetual istered Agent Agent Name: Cook, Scott H. Registered Office Address: 106 a cinema dr Wilmington NC 28403 Registered Mailing Address' 106 a cinema dr Wilmington NC 28403 Principal Office Address: 106 a cinema dr Wilmington NC 28403 Principal Mailing Address: 106 a cinema dr Wilmington NC 28403 http://www.secretary.state.nc.us/corporations/Corp.aspx`?P1temId=5260949 12/ 16/2009 i SOS1D: 0541001 Date Filed: 6/5/2008 9:47:00 AM Effective: 5/21/2008 Elaine F. Marshall North Carolina Secretary of State C200815500163 ARTICLES OF DISSOLUTION OF THE FOREST AT BELVEDERE, LLC Pursuant to § 57C-6-06 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Dissolution for the purpose of dissolving the limited liability company. LLC. 1. The name of the limited liability company is The Forest at Belvedere, 2. The dates of filing of its Article of Organization and all amendments thereto are as follows: all members. Articles of Organization March 14, 2000 The reason for filing the Articles of Dissolutions is the written consent of 4. The effective date (which shall be date certain) of the dissolution, as determined in accordance with N.C.G.S. § 57C-6-01, is May 21, 2008. This the 21 st day of May, 2008. Prepared by and return to: Adam M. Beaudoin For the firm of Ward and Smith, P.A. University Corporate Center Post Office Box 7068 Wilmington, NC, 28406-7068 Telephone: (910) 794-4847 Facsimile: (910) 794-4877 WLMAIN118099811 THE FOREST AT BELVEDERE, LLC By: S tt H. oo , Manager By: mmie L. Little, Manager J —_-- T I I I + 1 1 o i •• '� , I 1 + I I i � i •; 89 i 90 1 91 1 92 1 93 94 i n f I f I � � p �C HcFYV3!:Od 1 f I I i n g i N/F 'elf o /Yf� -—__--1_----_ + ^� IP imp DONALD C. L1ASON. JR: —L------L__----1----- PL zc ?c a, W .__ -A_ ZALEA DRIVE V I C I N I I Fr.T.5.1 so' PiBr is Riw - - - - - - - -"- -"- - - - - - ------------ ----- --- -' - - _ - -------------- "--------- AZALEA DRIVE 60' PUBLIC R'/_W THE FOREST AT BELVEDERE PLANTATION I� I PHASE 60 r I MAP 600.{ 36 PAGE 32rn F 3 J 2 1 1 I + I I I j I I o 1 j I In I 1 + �------------ J ____-- 57.65 I 60.01 N34150'14"w N36°DO'09'"N 117.60 E I P N55005T23"El 100.11, CERTIFICATE OF FINAL PLAT APPROVAL APPgg%W WY THE PE1O[R C"7Y PLANNIN;. BOAPO IPENDER MUIT1 BOARD x moiss ILTNERS. IT APPLIGFBL •: D:QCTCR OF PLANNING OEPT, S34'56'17"E 65.00' 6a.59' f�j rr 68.5�' Z Q Th /!? FL o m T� o 100 , 99 980 97 0°28 AC. N ~ 0.26 AC.� �0.28 AC>C 0.28 AC An 6a.50' 65.00' 68.50' 68.50' 534.56'17E • 404.00' DEDICATED OPEN SPACE 0.86 AC. N 4 1 - 30' 581jN 51 STATE OF NORTH CAROLINA COUNTY OF PENDER l yjA}f�Pn[I�REYIEW DFFICER OF FEIOER C,NIM, N.C.. CERIIFT 1OAT THE NAP OR PLAT TO ICH Tx;5 CERTIFACATIOF Is AFFiCD VETS ALL STATD ICR REOIIIREU IS FOR IN CiGIYL DyI,°?3I,I[ A pi N � 'f.t oW, - 16a-1Anfs. souAa NOTES: I. ROADS 70 FEET Olt ECCEEB NCDO7 StAN7MDS AAP! APR ICATION FOR NCD01 NAINTENJIFa TO BE KIM. 2. ID' U7ILTIT EASEMENT ALONG ALL ROAD A GHTS OF WA1. !- N9 NN:CS MxmNF WE FHIE MOD'. 4, PNASE iT. IS 2.51 AM S. S. LDTS 16-100 ARE SINGE FrIL1 LOTS, PROJECT NO.: PW-165 ' ORA RI NG NAAE.:I;/-ASTER/PUT-165/OGN/F6FWR. OGN N/F BRIDGEWATER GOLF PROPERTIES DO 767 PG 253 CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS "OPEN cam INA FENDER CDLIN';kCj N, FIL[D Fd1 D 5'.RAT1Ij1 UI TNT _ d-1 DAT 6 ZM AN. d-Y CORX IN IUP BOOR Al. PAGE JOYCE M. SN CEGOOD �:rt - CERTTFICATE: TNIs StA'.E1 wilEs A RMIVISICN OF IAIND WITHIN THE AFEA IF A COUNTY THAT OAS AN OFIDIAAAME .. . TO AA 71E RE/CLL/EATTEESP,ARyC.E,LS OF tMO. G ANDE R5U1 GR;rNE. Pi 40 20 0 40 BO GRAPHIC SCALE: 1" = 40' 404.00, 65.00' 65.00, CONTRA CONEA — — _ —_—s34•5v'ti-E 237,07 E 1 �T-- --_—_----- �l Y -- --� aDTNI.usI1ER V 1r d ! I THE FOREST AT BELVEDERE PLANTATiON I PHASE 6C ---••-----�� MAP 80 36 PAGE 33 In Ln CERTIFICATE OF OVNERSHIP MICA IION ARD .,URISDICTION E HEREP' CERTIFY THAT VC ARE THE OVERS OF TIE AIICIPERTY $MOWN AM DESCRIYB {REDF AAV THAT NE HEREBY ADP1 IA IS PIAY OF SUBDIVISICR WITH OUR ARSE CMSER1 AM DEDICATE ALL $7EM, LETS. Wµ AS. PARE. CtlF#R- VATION SPADE ANC OTHER A11, 15 TO PAWN IC OR PRE VAN LSE AS NOTED. ALL ROADS ANO DRAINAGE CASENENTS ARE DEDICATED FCR PURL IC L'IJLI1T PVRPOSLS. EIFtHEA, E CE 411ET NE LAND AS PINTA4wU` 15 LOCATED WITHIN THE SUBOIVISIOII :W1sDIClI31 OF R CIIRIIT s101NNTJ,E OF DOER l� _ _ ,1 I �N 1 y r---•--------+. I cm J S55°11'00+w���,.`��__y_y___ 42.15 FIP / � 1.4 A —_— I mI 1 --------J f /1 Y, _------- + 1 � I I 11 SURVEY REFEPENCE THIS PROPERTY IS INIT LWkRD It TIME 100 ~ MAP BOP 15 °ROE 45 TEYI ROOD ®lOAN1 mNFumiryyANEL - 1 Imp OCD 2! PAGE 143 MLWeER 31Dl4F ODs! E OEFO BOOK "a' PAGE ODI EFFECTI WE FEBUARI .5. "05. CERTIFICATE OF SURVEY i I AND ACCURACY 1. FtANDFRSCK MPIL. CERTIFY TWAT THIS PLAT WAS DRAW UNDER WY SUPERVIS I ON FRDI N ACTUA. SORYET MADE UNDER 10 SUPEPVNSIUI AOEED DESCRIPTID4 REtom I. BOO• A_ PACE J�&(r INAT THE BUP10RRIES NOl SIFTETEO ARE CEEARLY INDICATED AS DRAW FAN T IWTlRWI Ia 13M IN ROR Ai:, PEE *_X'n AI IN[ RAl1O OF PRUISICIN AS MCULATEO Is IfIO.00Q ./-: THAI THIS FLAT WAS PAEPATEO IN ACCORID NCE VltH + C.S. 41-30 AS VENDED. WITNESS MT ORIGINAL SICIFA7CUiC. IICLNSE •'Wq UO SFAS [MIS _(A-_ OAT CF —i'-P' 2e..5-.F.. _ SEAL OR SiAw 1 / L� L ICE N5E NNKA .: Al elm NAP FIT. RI{pry BUL SET13CK5 ri' DAS 1C' SIDE 5' REAR ZC' ^pAFEA LEffMO • IIIUN NEW SET O EX. IRON PIPE C34t ADI NOFAAENT SIT IY18 '40 pn 005 SL s 3 y Project Name: @ E E( r: 1L Date: dLNAky,,3gn Project Received 30 O I cceteeec ed, ircle one),., . Project Location: I Addlinfo required fis' o Date received: t' Symbols for completing form: ' ✓'= Yes/01<; `x'= No/Deficienth 'n/a' or T or T Rules)Subject (check all that apply): 1995 Coastal WVCV-4Nb1' L9<2009.Coastal.%4'0.( ❑ Phase II ❑ Universal Paperwork:: L .... ❑ Check for $505 (must be no older than 6 months) ' ' ��.❑,', Application form with correct/original signatures ,(original plus 1 copy). If Corporation or LL• C also. /o Print the info from the NCSOS, r? o Either, 1.) The applicant'is listed on the 'NCSOS with his/her correct title or, 2.) A notarized letter of authorization has been provided: Q �O� t +�_ pkd uppiemehts' {1 original per BMP). BMP type(s): ,vnlolm&with correct/original signatures (1 original per BMP, except level spreaders/filter strips and swales) �-� ❑ Deed restrictions (if outparcel or subdividing) (original plus.1 copy) 6�14AMC� `-'r 603E lotC fV_V% N%(UQ$ o - Deed restriction template (signed and notarized) or , o Proposed' Declaration of Covenants and Restrictions (signed and notarized) •`� ❑ Soils report identifying the SHWT '911\9 � Supporting calculations,- signed & sealed (if necessaryy'$mQ (%Ok �p Receiving stream classification: , .If_SA or ORW also: a SA; USGS topo map with t e site, the receiving waters and the'/z mile radius shown to scale. o ORW: 575 ft of MHWL for Area of Environmental Concern and max BUA per rule. "U Modifications: 1.) If built: Designer's Cert., 2.) If partially built: Partial Cert., 3.) If not built: No Cert. needed. -at Qevelopment Type (check all that apply): . , .r \� Residential or �, ❑ Commercial ❑Deed restrictions match? - FiKSubdivision `) `` or El Single Lot,'" ! 0 Deed restrictions match? 2'-High Density or ❑ Low Density ❑ Deed restrictions match? ; _' •,•r ^; is �' ❑ Offsite project ❑ Redevelopment Modification ar3bG� ❑__ Exempt *>iTg7 NCG02 (bulkhead) ❑ NCG03 (clear/grade) ❑,NCG04 (linear) Density: ❑ BUA calculations include common areas, clubhouse, sidewalks, etc. ❑ BUA %: 4%.3 , Matches high/low density requirement for rule and receiving stream class. ❑ No obvious math errors ❑ If High Density: Design storm correct for rule andveceiving stream class. Plans, signed and sealed (2 sets): i ' �❑ _Two sets received 0 ,Layout (with proposed BUA dimensions) - C) ,Grading ❑ Drainage area map (all HD systems & curb outlet swales) .:O*=Vicinity map' ,' '❑' Project Boundaries' '' ❑ Legend a1` Qlt yetlands: ' o - Delineated on- I =o i' '�r"No,wetlands onste" on plans C'L , ` ❑ Details.- 0 Roads o; Cul-de-sacs o Curbing,; �� �f o Sidewalk! c BMPsI Level spreade�sl'Filter strips) Curb 0u, iI 'swales o Buildings (Apts or Condos) Offsite Projects: y `s V Q ✓; ❑ '�Q�d Certification has been submitted for the Offsite BMP receiving the runoff from the project. ❑ trictidns havebeen recorded.and a copy, submitted for theOffsite BMP permit;•as not changetl from what was approved under the Master Plan. Correct lot number is referenced on the supplement form.; r' ❑ .Offsite system isiin'compliance with its'permit, if known. 1, Infittrat,on P ojects: oilW s report: SHWT, soil type, and expected infiltration rate are,provided. N-W-AU41 Ramgjrz: ; ❑ DWQ has conducted a site visit?J 1 `•Date:' Wet Ponds manent'Po6 Meets One:ofAhe Fallowing:' . • f,• ,. `_ s located no lower than 6" below the estimated SHWT. r ❑ Incoming groundwater is quantified and evaluated, AND Storage volume verified, AND Outlet evaluated for free drainage to the receiving waters under SHWT conditions. Decision (check one): ❑ Complete: Return file to admin (Jo Casmer) to log in. (Stamped in received date = BIMS date) ❑ Slightly incomplete: E-mail consultant, request information to be returned within one business day (24 hours after request. Info requests on Friday, allow a return on the following business day). If info not returned, issue an application return letter and give everything to admin, (Add info received date = B1MS date) ❑ Substantially incomplete: Issue an application return letter and give everything to admin. i �� a� z�wo��5 �u� � � n�, �✓ d N167j� go rYr 6\ o Z� oQD- �- �9 6 fK t aGk G •(V Ol L7 L'� r�/ur�[ --7? L? M • , , j' ��� •o �vnti�bC]cv�srv�'s"� j M(�nJ • bO .L�3�B� . r Cox, David From: aaveritt@hoguehill.com Sent: Wednesday, September 09, 2009 11:29 AM To: Cox, David Cc: dellabella28@charter.net Subject: RE: The Forest Phase 6 at Belvedere David, thanks for your prompt response. Could you email me a copy of the NOV? Anna J. Averitt Hogue, Hill, Jones, Nash & Lynch, LLP P.O. Drawer2178 101 South Third Street Wilmington, NC 28402-2178 phone 910-763-4565 fax 910-763-4985 The information contained in this e-mail may be subject to the attorney -client privilege and may be an attorney work product and/or may be strictly confidential, and is intended for the sole use of the addressee. If you are not the intended recipient, you are hereby notified that any interception, distribution, or copying of this communication is in violation of federal criminal law. If you have received this e-mail in error, please immediately notify the sender listed herein (only) and delete the electronic file, and return any print of the original message to the address above. If you are a client, any disclosure of this e-mail or any attachments may waive the attorney -client privilege, and consequences of waiver of the privilege can be significant, and we advise that you not share them with anyone. CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, unless specifically indicated otherwise, any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing, or recommending to another party any tax related matter addressed herein. From: Cox, David [maiito:david.w.cox@ncdenr.gov] Sent: Wednesday, September 09, 2009 11:26 AM To: Anna Averitt Subject: RE: The Forest Phase 6 at Belvedere I sent a Notice of Violation with recommendation for enforcement action out yesterday. Mr. Cook must respond in writing by September 25, 2009 with a plan of action of when this office can inspect the completed work. From: Anna Averitt [mailto:aaveritt@hoguehill.com] Sent: Wednesday, September 09, 2009 10:00 AM To: David.W.Cox@ncmail.net Cc: dellabella28@charter.net Subject: The Forest Phase 6 at Belvedere Importance: High David One of the streets in Belvedere experienced flooding during Monday's rain. It was apparently on WECT's report. According to my client, this is the area the developer is supposed to be working on. What is the status and when can we expect this to be resolved? Anna J. Averitt Hogue, Hill, Jones, Nash & Lynch, LLP P.O. Drawer 2178 101 South Third Street Wilmington, NC 28402-2178 phone 910-763-4565 fax 910-763-4985 The information contained in this e-mail may be subject to the attorney -client privilege and may be an attorney work product and/or may be strictly confidential, and is intended for the sole use of the addressee. If you are not the intended recipient, you are hereby notified that any interception, distribution, or copying of this communication is in violation of federal criminal law. If you have received this e-mail in error, please immediately notify the sender listed herein (only) and delete the electronic file, and return any print of the original message to the address above. If you are a client, any disclosure of this e-mail or any attachments may waive the attorney -client privilege, and consequences of waiver of the privilege can be significant, and we advise that you not share them with anyone. CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, unless specifically indicated otherwise, any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing, or recommending to another party any tax related matter addressed herein. Department of Environment a`5��� Payment Verification Form and Natural Resources Mail form to: Renae .FurrTelephone: 919-733-1697 Office of the Controller 1606 Mail Service Center Raleigh, NC 27699-1606 "¢"s FAX: 919-715-0166 Dear Sir/Madam: For your convenience and benefit, the State of North Carolina offers payees the opportunity to receive future payments electronically, rather than by check. Your payments will be deposited into the checking or savings account of your choice. In addition to having the money deposited electronically, you also will be notified of the deposit electronically, either by fax or by e-mail. The fax or e-mail will provide you with all the information that would normally be on your check stub. All of the following information is required in order to process your request. ♦ • ♦ Please complete the entire form. • ♦ • • ATTACH A VOID CHECK, PRINT THE INFORMATION BELOW and SEND or FAX to the above location. Payee Name Home Street Address City, State, Zip Federal ID # 1 SS#/Beacon ID # Bank Name Bank routing number ( ) Checking account # ( ) Savings account # ( ) State Employee ( ) Non -State Employee • FAX or e-mail address for payment notification. (Place a check in front of the method of notification you prefer.) ( ) FAX #— ( ) E-mail address Authorized Signature: Date: DivlTitle: (ATTACH VOID CHECK) 0 0 STROUD ENGINEERING, P.A. dC4L11912 ®IF 4G3C°�G��G�a l�4LaC� - 102-D Cinema Drive -+ C_F' � WILMINGTON, NC 28403 DEC X 7 2008 r ,(9910) 815-0775 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ SAT O JOB N,>`G+✓y / ATT NTION q U,d c. h ,RE: o V Yg�s o� se the following items: ❑ Samples ❑ Specifications CORM S DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution - ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. IF .• I STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 402-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA28403 (910) 815-0775 December 17, 2008 NCDENR 127 Cardinal Drive Wilmington, North Carolina 28405 Attn: David Cox Re: Notice of Violation The Forest at Belvedere Phase 6 SW8 020608 Dear David, OUS BY: DEC Y 7 2008 Please consider the following Plan of Action for correcting violations pointed out in your letter to Scott Cook dated November 19, 2008. These proposed correction will require submittal and approval of a modification to SW 8 020608. Modified plans and documents will be submitted for NCDENR review on or before January 16`b, 2009. Field work outlined in item #1, namely the extension of a culvert to drain to the appropriate infiltration basin, will commence within 30 days of issuance of a permit modification. Failure to connect to the stormwater system. 1 am proposing that the culvert which presently discharges to the ditch that runs parallel to the collection system be extended to tie to the collection system as intended on the plans. I will submit a plan with proposed pipe elevations and locations. Failure to build according to the approved plan. The piped sections of Swale identified in your letter appear to have been installed by the homeowner. They are, in most instances, in close proximity to existing structures and functioning as the swales on the permitted plan were supposed to. To this end, I am proposing that these piped sections be left in place and the permit modified to indicate their presence. It is also recognized that the multifamily section on the southern end of the project was abandoned in favor of single family homes. The aforementioned permit modification will take this into account. Please feel free to contact me with any additional questions or concerns you have. Respectfully Yours, Luke Menius Stroud Engineering, PA cc: Scott Cook File: F:/mastcr/pw165/wpd/cox.wpd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27658 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G, Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 9, 2005 Mr. Scott Cook, Partner The Forest at Belvedere 60 Pelican Drive Wrightsville Beach, NC 28480 Subject: Response to received letter Stormwater Project No.SW8 020608 The Forest at Belvedere Pender County Dear Mr. Cook: This letter is in response to the letter we received from you on September 7, 2005. The time frame specified in your letter appears to be excessive. We are requesting that you expedite the removal of sediment and debris from the stormwater swales and pipes. The swales and piping are a vital part of the stormwater system in Belvedere. We are also requesting that the infiltration basins be examined and verified for their operational performance as soon as possible. Section II-1 of your permit, states that the stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. We realize that this work will take time, so we are determined to give you 60 days from the date of this letter to complete the following. In this time frame we expect all swales to be seeded or to have sod placed on them. We also expect sediment and debris will be removed from the swales and from all stormwater pipes. The performance evaluation of the infiltration basins must also be completed during this time frame. If you have any questions concerning this matter please feel free to call me at (910) 796- 7215. Sincerely, r q. al... Gary I Beecher Environmental Technician EB/ghb: S:IWQSISTORMWATIADDINFO\20051020608 cc: Mr. Hines (Belvedere HOA Association) James Fentress (Stroud Engineering) G ray Beeche (DWQ) Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-395-39001 FAX: 910-350-200411ntemet: h2o.enr.state.nc,us An Equal OpportuaitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper NorthCarolina Naturally cr zr Ln N Ir co m ru u7 Cl 0 0 m 0 ra a ru fl r- i ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ipU PellCa-� A. ❑ Agent ❑ Addressee B. iv y rint a ) C. Date of peSivery o0�'I—�S D. is delivery address.difr Rem 1? ❑ Yes �n ad ❑ No If YES, enter deliver y,ad �: S 9 y 3. Service Type c� Q^C.ertlfied Mai 'G ail 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.Q. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 1000+ 0005 ~2389 �7549 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit.No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box 11 NC Division of Water Quality \ Attn: Shaun Simpson 127 Cardinal Drive Extension Wilmington, NC 28405-3845 �•' 6 IIIII!!11!lkliill'Illlilllil�illllill�iiF1'!}iElll��l!!flllll� The Forest at Belvedere September 2, 2005 M'r, Gary Beecher, Environmental Technician North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 RE: Stormwater Project No. SW8 020608 The Forest at Belvedere Phase 6, Pender County Dear Mr. Beecher: FREECEIVED 7 We have received your inspection report dated August 4, 200. The infrastructure and the majority of all homes are nearly complete in Phase 6 at Belvedere. During the next 60 days all storm basins and pipes will be cleaned of all sediment. At the same time the sodding of all roadside swales will also be complete. We will then verify that all basins have been constructed to the specified depths and functioning properly. Any corrections or changes required will then be made with all work to be completed by December 15,•2005. Should you need any further information, or have other questions please do not hesitate to contact me at the Wilmington Office, located at 106-A Cinema Drive, Wilmington, North Carolina 28405. Sincerely, Cott Cook, Partner The Forest at Belvedere KB/sc: ForestBelvedere/Stormwater/SW8 020608 cc: James Fentress (Stroud Engineering) 106-A Cinema Drive • Wilmington, North Carolina 29405 Phone: 910-343-9202 • Fax: 910-343-9209 'q r OF W A rEA Michael F. Easley, Governor ' William G. Ross, Jr., Secretary cq 7� North Carolina Department of Environment and Natural Resources o < Alan W. Klimek, P.E. Director Division of Water Quality August 4, 2005 CERTIFIED MAIL #7002 1000 0005 2389 7549 RETURN RECEIPT REQUESTED Mr, Scott Cook, Partner The Forest at Belvedere 60 Pelican Drive Wrightsville Beach, NC 28480 NOTICE OF INSPECTION: The Forest at Belvedere Phase 6 Stormwater Project No. SW8 020608 Pender County Dear Mr. Cook: Please find attached a copy of the completed form -entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on July 21, 2005 to determine compliance with Stormwater Permit Number SW8 020608 issued on February 5, 2003. A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office in writing before September 5, 2005 of the specific actions that will be undertaken and the time frame required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796- 7215. Sincerely, • 1J... Gary eecher Environmental Technician EB/ghb: S:IWQSISTORMWATIINSPECT1020608.Aug05 cc: James Fentress (Stroud Engineering) Wilmington Regional Office LGary_Beecher (DWQ) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395.3900 Customer Servicel-877-62M748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us One NorthCarolina An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper ;Vlatirrally STORMWATER COMPLIANCE INSPECTION REPORT 1. Project Name: The Forest at Belvedere Phase 5 Project Number: 020608 Control Measure Water Body: UT of ICWW Classification: Directions to site: Highway 17 in Hampstead 2. Inspection Date. July 21, 2005 Weather Conditions: Hot (90's) 3. Compliance Issues: Infiltration Basins SA We have received several calls from concerned homeowners in this section of Belvedere. They are all concerned that the infiltration basins are not infiltrating and functioning correctly. Basin #1: This basin is full of cat -tails and what appears to be other aquatic plants including algae. It looks more like a wet pond than an infiltration basin. It does not appear that this basin is functioning correctly. The basin was almost completely full of water during my inspection. Basins #2 thru #6: During my inspection these basins were full of water. They also appear to be full of algae and other aquatic plants. Many of these basins appear to be full of sediment from previous construction and from on -going construction. During my inspection I did not see any silt fences being used around on -going construction projects. 4. Required Actions: (Explain each deficiency and what needs to be done to bring the system back into compliance) Verify that all basins have been built correctly and are indeed functioning correctly. If the basins are not functioning correctly they must be fixed in a timely manner so they infiltrate and function correctly. Verify the depth of each of the basins to determine how much sediment and silt has accumulated in them. Remove all sediment until the basins are at the permitted depth. Maintain all road- side swales on a regular basis. Construction debris must be removed from swales so stormwater flow does not become hindered or blocked. Place silt fences around construction sites with low traffic rates, these may help reduce the amount of sediment and silt that ends up in the basins. FOREST AT BELVEDERE, LLC October 25, 2005 Thomas Hines 134 Azalea Dr. Hampstead, NC 28443 Dr Mr. Hines: OOT•2 7 2005 We will be doing maintenance on the storm drainage system along Azalea Drive now that the majority of construction is complete in Phase Six of Belvedere. This will include the removal of sediment from the ditches, pipes, and infiltration basins. All areas, which are disturbed, will be planted back with seed, sod or ground cover. The work is being directed by the project engineer, at Stroud Engineering and will be complete by mid November. m Scott H. Cook cc: DENR, Mr. Beecher Stroud Engineering, Mr. Fentress Scott Cook Construction Company, Mr. Ankrum 106 A CINEMA DR. WILMINGTON, NC 28403 PHONE: (910) 343-9202 FAx: (910) 342-9209 134 Azalea Drive Hampstead, NC 28443 October 4, 2005 Mr. Gary Beecher Environmental Technician North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Mr. Beecher: I am writing this letter to inform you that our back property at 134 Azalea Drive is eroding more and more. We will not have a backyard in two or three years from now if nothing is done to elevate this problem. Mr. Cook's letter to you dated September 7, 2005 does not mention the water retention pond behind my house. This holding pond extends from my house and includes lots number 25, 24, 23 22, and 21. As the result of hurricane Ophelia, we had water for 3 weeks and a very thick cover of algae and more, lots more vegetation. The pond is now emitting a `fishy" odor. We cannot sit out on our patio and enjoy the view. Even the golfers won't come near the water to retrieve their golf balls. I would appreciate if you and Mr. James Fentress of Stroud Engineering stop by my home and assess the problem. When I gave Mr. Cook my deposit for the purchase of my home, I was informed that the water would not be a problem. He told us that he will have the State horticulturist come and advise what plants and etc. would be best for this area. It's over a year and still no word from Mr. Cook about the horticulturist recommendations. c We would like to see this whole area dug out with underground piping and finished off with sod. Any help that you and Mr. Fentress can do for us and our neighbors would be greatly appreciated. Sincerely, Thomas Hines cc: Mr. ,lames Fentress Stroud Engineering 102 Cinema Drive Wilmington, NC 28403 Enclosure: Six (6) Pictures P C EIV ED SEP 0 9 2008 PTY; STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA28403 (910) 815-0775 September 9, 2008 NCDENR Division of Water Quality Attn: Linda Lewis 127 Cardinal Drive Extension Wilmington, NC 28411 Re: The Forest at Belvedere Phase 6, SW8 020608 Dear Linda, Pursuant to your letter dated August 7, 2008 I am including the attached recorded Covenants and Restrictions. Excerpt language, therein contained, and associated with, the Storm Water Management System is highlighted in yellow. I am also including the Engineer's Certification indicating that the system has been built within substantial conformance to the permitted plans. We hope this addresses your request and satisfies the permit conditions. If I can be of further service, please don't hesitate to call me at 815-0775. Best James 9. Fentress, Jr. PE S-tr-MT Engineering, P.A. attachments CC: Scott Cook JHF/jf F lmasterlpwl 65/%kVdAewiscert. doc 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE. NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 o�0� w A U} August 7, 2008 Scott Cook, Manager The Forest at Belvedere, LLC 106-A Cinema Drive Wilmington, NC 28403 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: REQUEST FOR RECORDED DEED RESTRICTIONS REQUEST FOR DESIGNER'S CERTIFICATION The Forest at Belvedere Phase 6 Stormwater Project No. SW8 020608 Pender County Dear Mr. Cook: Coleen 1d. Sullins Director Division of Water Quality On February 5, 2003, the Wilmington Regional Office issued a Stormwater Management Permit to you for The Forest at Belvedere Phase 6. Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. Additionally, per Section 11.7 of the permit, the permitted stormwater facility must be certified by an appropriate designer that it has been built in compliance with the permit. To date, the required Designer's Certification has not been submitted. Failure to provide the required certification and failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots are violations of your permit, and subject to enforcement action. Please forward the Designer's Certification and a copy of the recorded deed restrictions to this Office at the address below by September 6, 2008, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. Please note that the recent dissolution of The Forest at Belvedere, LLC, does not relieve you of your responsibilities under the permit. Ownership of the permit has not been transferred to a third party, therefore you are still considered the legal permittee of record and are responsible for compliance until such time as the Division approves the transfer of the permit to another party. If you have any questions, please do not hesitate to call me at (910) 796-7215 or email me at Iinda.lewisna.ncmail.net. Sincerely, Linda Lewis Environmental Engineer III ENB/arl: S:1WQSlSTORMWATERIDEEDREST1020608.aug08 cc: Pender County Planning Department Jimmy Fentress, P.E., Stroud Engineering Wilmington Regional Office Central Files One NhCarolina ,lVatura!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service wilmingtonRegional Office Internet: www.newalerauality,orl Fax (910)350-2004 1-877-623-6748 An Equal OpporlunitylAfirmative Action Employer — 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilgton, North Carolina 28405 (910) 795-7215 FILE ACCESS RECORD SECTIONlt��.— TIME/DATE NAlvllJ REPRESENTING_ --.-- Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in OUT custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: L Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Aboointments will be scheduled between 9:00am and 3:ODpm. Viewing time ends at 4:45pm 1yone arriving, without an appointment way view the files to the extent that time and staff Menision is available_ 2, You must specify files you want to review by facib_'tY name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Pa went may be made by check moner order, or cash at the retepton desk. Copies totaling M.00 or more can be invoiced for Your convenience. 4. FILM MUST BE KEPT IN ORDER YOU FOUND THEM'Files may not be tauten from the office. To remove, alter, deface, mutilate, or destroy material in me of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are p, r. � tted in the file review area. 5. In accordance with Genexal Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME - . COUNTY Signatmr6 and Name of Firm/Business Date Time In Time Out -Pieria attach a business card to this form COPIES NODE _ C)PAID INVOICE _T _ S:Aclmin.fil.e access Lewis,Linda From: Lewis,Linda Sent: Thursday, August 11, 2016 5:25 PM To: 'hampsteadhoa@gmail.com' Subject: The Forest at Belvedere SW8 020608 Ms. Justice: Please accept this email as the requested followup to our phone conversation on Wednesday, August 10, 2016, regarding the maintenance activities undertaken for the permitted infiltration basins for The Forest at Belvedere Phase 6 under permit number SW8 020608. The infiltration basins are already permitted. The permit requires these basins to be maintained. You are not required to apply for another permit to conduct the maintenance needed to comply with the permit. As discussed, the main issue with excavating infiltration basins is over -excavation. The mandatory 2-foot separation from the bottom of the infiltration basin and the seasonal high water table must be maintained in order for the permitted infiltration basins to work as designed. Periodic removal and replacement of the top few inches of sand that has become clogged due to sediment accumulation is expected and required as part of the routine maintenance for infiltration systems. A compliance inspection would not reveal the cause of the standing water. If the Division were to conduct a compliance inspection, and we observed standing water in the basins after 5 days without any rain, we would simply point this out as a maintenance issue and require resolution. The state does not have the equipment to perform any type of underground investigation, surveying, or maintenance on behalf of the HOA. The permit contains all of the design standards and the O&M agreements. Performing maintenance is great, but if you don't know what was designed and permitted, you run the risk of creating a compliance issue. As an example, when excavating the basins, you need to know the permitted bottom elevation in order to avoid over -excavating and to know how much sand to put back without compromising the volume. The HOA needs to become.the permittee of record to avoid the compliance issues associated with not having a permit, i.e., operation of a treatment system without a permit. The permit is currently in the name of Scott Cook, but most all of the correspondence the Division has addressed to him recently has been returned as undeliverable. The HOA can and should become the permittee of record by formally requesting that the permit be transferred to them. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(a)ncde_nr.gov Wilmington Regional Office 127 Cardinal Drive Extension 1 Wilmington, NC 28403 Nothing Compares-,,-,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. co H19LAIA-17 --T&spe cT l Lewis,Linda From: Lewis,Linda Sent: Wednesday, July 13, 2016.5:32 PM To: James, Trentt Subject: The Forest at Belvedere Ph 6 SW8 020608 J Trentt: I received a complaint that someone is grading the permitted infiltration basins at this site and they thought a permit was needed. I explained that we do not require a separate permit in order to conduct maintenance activities which are required by the stormwater permit. The complainant is someone named Ron Sechler (sp?) who lives on Mulberry Circle, which is part of Phase 6, but he lives in an area that is covered by a different permit. To be on the safe side, I'd like someone to check it out and make sure they are only conducting maintenance activities and are not modifying the stormwater system. The permit remains in the name of The Forest at Belvedere, LLC, which was dissolved in 2008. Subsequent attempts by Mr. Scott Cook to modify and transfer the permit to the HOA proved unsuccessful. The 2009 modification was returned incomplete on April 15, 2010, so the original 2003 permit and approved plans govern. Although most of the swales.leading from the road to the basins were piped, I don't think that is a compliance issue since the permit is high density. Thanks. The file is on my desk. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(cDncdenryov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 Nothing Compares-,,,- 'L• Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Scarf Coy/c lIGS AV2ti, poije Ac/. VO 3�-3 lZo 3 New Hanover County Page 1 of 1 PARID: R05715-002-012-003 COOK SCOTT H Pa rce I 60 PELICAN DR Alt ID 316717.22.0476.003 Address 60 PELICAN DR Unit City WRIGHTSVILLE BEACH Zip Code - Neighborhood E9S40C Class RES-Residential Land Use Code 15-Single Fam Att condo Living Units 1 Acres 0 Zoning R-1-WB RESIDENTIAL SF Legal Legal Description Tax District Owners UNIT C THE PALMS CONDOMINIUMS WB Owner COOK SCOTT H City WI LMINGTON State NC Country Zip 28405 THE DATA IS FROM 2016 http://etax.nhegov.com/ptll)atalets/l"rintDatalet.aspx?pin=RO5715-002-012-003 &gsp=PR... 7/13/2016 SOSID: 0676854 Date I- iled: 7124120I S 12:38:00 I'M Elaine F. Marshall North Carolina Secretary of State C2015 1.95 00230 STATE OF NORTH CAROLINA Department of the Secretary of slate DESI NAMON OF.R$G]SMRED OFI;t[CE ADDRESS ANDIOR REGISTERED AGENT Pursuant to JSSD-30 aid §55D-31 of the Genera! Stars W of North Cauaiina, the undersigned entity submits the following for the purpose of desigmting a rcg4tcred office and/r registered agent in the State of North Carolina. 1. The name of the entity it The Foreat✓Yhaae B t -as ArumW— Entity Type: Ocomwaivn, ❑Foreign Co ❑Nonprofit Carp —bon, I�meip Kanpmftt Carpoa&oa, LIUmitud Liability Company, M=ip Chilled liability Cumpaur, QLlmited Parhtership, UForOP LLMIMI Portnusti[p, QLimbed Lielrfity Parneers4, oi'zornign Limited Llabi1hyr PatoenLip 2. (Check ffapplfeable). The entity crmren* has no registered office on file with the Secretary of State. 3. (Check ifopplicable). { ] The mailing address of the registered office is not on file with the Secretary of State.. 4. The street address and county of the entity's designated registered office is: Number and Street: 17U7 Hwy 17N City, Suz CDdir HampcYead. NC 28443 County- Pander 5. The mailing address if dtffereni from the stud addreu of.tbe deslpsatad registercd office is: P.O. Mx 1067 Harspatead, NC 25443 6. (Check if oppikable). I ] The entity currently has no r> &ered egeat on file with the Secretary of State. 7. The name of the designated registered agent and the designated registered agent's written consent to the appointrnoat appears hnlnw Unbeth JursOM (7yN or Prbrt Name of New ,fVpa) 4 Si �c11 d Tiite•1 Ci S. The address of the entityra registered office and the address of the business of ioe of its registered agent. as designated hercir4 will be identical. 9. This statomect will be effective upon Kling, unless a date and/or time is specified: ID- This is the 21 day of 720 is The FamstlPnase 6 Ownem Asaaoiol%A (Name of eery) Eaxat-le Jusflet i _ • 1� (Type or Prl»l ams and Title) NOTES: . t. Fi6ng fee is MOO. Qae executed itattment must be Sled "h the Secretary of state. 2. This form is for we by entMes chat have not ®ed the [tame of a neglstcred toot or addreos of a rt&tered uf%m'Kith the. Corpamd3ons Aiviuoa. lastead oftigaiag here, the new registend agent tray tigo a separate written consent to the appoinement. 7rhr & must be atradwd to this statement , CORPORATIONS DIVISION (R-tW-r--.y 290Z) P.O. SOX 2962.2 RALEIGK NC 27626-0622 (Form M-05) SOS1D: 0541001 Date Filed: 6/5/2008 9:47:00 AM Effective: 5/21/2008 Elaine F. Marshall North Carolina Secretary of state C200815500163 ARTICLES OF DISSOLUTION OF THE FOREST AT BELVEDERE, LLC Pursuant to § 57C-6-06 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Dissolution for the purpose of dissolving the limited liability company. LLC. The name of the limited liability company is The Forest at Belvedere, 2. The dates of filing of its Article of Organization and all amendments thereto are as follows: all members. Articles of Organization March 14, 2000 3. The reason for filing the Articles of Dissolutions is the written consent of 4. The effective date (which shall be date certain) of the dissolution, as determined in accordance with N.C.G.S. § 57C-6-01, is May 21, 2008. This the 21 st day of May, 2008. THE FOREST AT BELVEDERE, LLC By: S tt H. oo , Manager By: 1 - mmie L. Little, Manager Prepared by and return to: Adam M. Beaudoin For the firm of Ward and Smith, P.A. University Corporate Center Post Office Box 7068 Wilmington, NC, 28406-7068 Telephone: (910) 794-4847 Facsimile: (910) 794-4877 WLMAMI18099811 2 S� 0 FEB 23 PH 2' 50 Recorded an V ri ted joy fll%i ��Uit. Joyce M. Swic d ,f I iy3 Q Re,Qister of Dee i� 1 {? 0<<itR OF UCD� Pend erCoun Parcel No.: 4'1191 K2Revenuc Stamps: $0.00 STATE OF NORTH CAROI,1NA COUNTY OF PENDE'R QUITCLAIM DEED PlN ua�tf' �'�' ii5ta3 ODOR DATA �- �NT THIS QUITCLAIM DEED, made and entered into this the 20th day of Febmary, 2006, by and between Tf1E FOREST AT BELVEDERE, LLC, a North Carolina limited liability company, party of the first part, and TI IE FOREST/PI-IASI: 6 OWNERS ASSOCIATION, a Korth Carolina nonprofit corporation, having an address of PO Box 1067, Hampstead, North Carolina 28443, party of the second part; WITNESSETH: That the pWy of the first part in consideration of the stun of'Ten Dollars ($10.00) and outer good and valuable considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledgcd, has remised and released, and by these presents does remise, release, and forever quitclaim unto the said party of the second part, said pwy's successors and assigns, all right, title, claim and interest of the party of the first part in and to those certain parcels of land located in Topsail Township, Pender County, North Carolina, and being more particularly described as follows: Prepared by WARD AND Smini, P.A., No opinion on title is rendered by WARDANDSmrm, P.A., without a separate written opinion on title from WARD AtvrD Sm iTH, P.A. 11 0I{2093PG317 Being that tract or parcel designated as "Open Space" shown on that certain map recorded in Map Book 37, at Page 54, in the office of the Register of Deeds of Pender County, Noah Carolina. The above described tract or parcel is conveyed SUBJECT TO a non-exclusive easement hereby reserved by the party of the first part for access, installation and maintenance of utilities and any Other purpose to complete the constnrction relater[ to the streets to accommodate their acceptance by the department of transportation and the Declaration of Covenants, Conditions, Restrictions and Easements of The Forest at. Belvedere Plantation Phase 6, dated May 20, 2003 and recorded in Book 2123, at Page 92, in the office of the Register of Deeds of Pendcr County, North Carolina. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said party of the second part, said party's successors and assigns free and discharged from all right, title, claim or interest of the party of the first part. . IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal and in such form as to be binding, this the day and year first above written. THl FOREST AT BELVEDERE, LLC (SEAL) A North Carolina limited liability company By: _ (SEAL.) H. Conk, Manager 0111i2093PG318 NEW HANOVER COUNTY, NORTH CAROLINA 1 certify that the following person personally appeared before me this day, acknowledging to nic that he voluntarily signed the foregoing document for the purpose stated therein and in the, capacity indicated: Scott 1-1. Cook Date: February 20, 2006 Si *ureoftary Puhlir Sara Kennedy, Notary Public My commission expires: November 2, 2009 (Official Seal) Notary seal or stamp must appear within this box. Bii209 3PUG 3 19 STATE_. Of, NORTH CAROLENA COUNTY OF PENDER The f rego'ng certificate of _� Notary Public of said of ity and State, is certi for registration this day d hour and duty rccor Penner County, North C olina, in Book This the day of W LMA[NW i256V o he correct. This in the office of the e 2005,at t nt was presented •r of Deeds of o'clock —.M. Register of Deeds 11 N/F �c JACK BROADBRIDGE BELVEDERE PLANTATION SECTION V1 F V ICE IFT U19 23 pG 90 - LINE. DATA _nr¢rra tm-wM r.. ii 'T•NF rr - :., p'n•x CUflYE DATA a m1, ruuxl Aoc Aulus aoo IsoNR wN 573'71'/6'E 671.20' a" SPACE 1!251 W0•P1, 0.35 AT. M30'30'20'R 1<a 1 M 10.05, 60,00, 60,00, 60.00' 60, DO' 60. W' 60.00' W. m' 4 60.00' '60. 60.09N/F wo_ 84 -rl.. ;Ls 85 AerP ..,,. a6 AN0. w`' �s� NYr... Ls. , ; >eJ<IIpHT� «.sIo ------ ------- ... I`s.r.. -- JACK BROADBRIDGE ..pm0 1 . .,..I.»c. , ,Lg•I �;' .0 I ..4 0w �s m.0. : .n « "'Io TO, »..'I n BELV€DERE PI1 f1TAT10N m o,;,, o o; g1a.s - zs; � 'r I [•31 III ! SECTION V F i i� _ ------° i i,n L r ------'a 1 tiy,.', L r ' ----- I Ir — '' L60.00, «i � L - - , ..' r �, df� .�'s r - p6C.00, I i r L ------1= r� ------ ; ' ------ I ------- MB 23 PIS 90 6o. co, E0.00' 50.00' GD.00F 60. 00' Is.661 60•DO' __i7. 72'-"-N g I r to . N SM fm 10 9 8 CERTIFICATE: THIS sutm CREATES A SLu YISION O LAND rITHI, 14E AREA OF A cx i THAT NAS AN mi. �mM jHal REl7AA1E5 PARCELS ❑ WI�(.`/�,9p is C ANDERSON GREENE, PLs� SEAL 9 in! i ! KSMY AZALEA DRIVE _._.-__._._._--.--_� N1BL[CRFX-_.__-._.___._-_._-_._.-.___._._._._._ - -- --------------------------------------------- tHE PUREST g -- ELVEDERE P;LANTANG1,11 PNIASE 60 6 MAP BOOK 36 PAGE'32 3 2 1 5 n CERTIFICATE Of FINAL PLAT APPROVAL PPROVEO BY THE PbANR COUNTY PLANNING BOARD IPE,OEA COUNTY BOARD OF OCAVISSICERS. IF ARP1.fCAUEI DIRECTOR OF PLA�N�iNG DEFT. . .,.....I - si$ i". j ------------------------------ i._. -------------------- FUTURE DEVELOPMENT STATE aF NORTH CAAOIi NA CERTIFICATE OF OWNERSHIP DFCICATIGN AND JURES01C1ERN COFUUN'TYry 0Pd[ FENDER WE HEREBY CERTIFT THAT % ARE 'i{'Cf_ACv1Er INE CmERS OF THE pq[pFATT SHORk ANO 1. uFran Or PINWA CIOLNTY. N.C.. CERTIFY THAT THE YAP DR RAT TO MICA MIS CERTIFICATION OESCAIf1E0 x.%CN iN� rHAr _HEREBY ADOPT T415 PLAN OF SUMHVISIN WITH IS AFT ISEO 1EE1S All ST&TUTOR FOR REMIN6. M FREE COISCY7 AW cEOI;ATE uL /gCGiIf1EAFMTS a'Z 2A^ � r YATION VA*S BEETS. NO DTHEII AI[A6STO RJL1C CERTIFICATE OF SIRYEY DATE, RtvYW �r TER OF PRIWArt wSE AS RIOTED. AAL RGA05 AND AND ACCLBRACT OR+TRACE EAYAENTS ARE DEDICATED FOR SA D Ax X&E3 2MjE .-A�'EAT1fT1 7 THIS °LIT .PUBLIC UT,LM PURPOSES. ILATIRR. WE CESTiF Y HIE LAND IS NEAEOX IS WAS DRIP& S1IPEAATSIPN FRCP AH LOCISOT WIM0IN THE MID 50A DACTUALESCRIPTION SURVEI cNOTHOR TI LTgEP. AO 91PFRv151ON THAFD JU.AI50jCTiIX ff PEIR3EA CONTY. FL MrN O TIC HE AOIPTIIX AE01AOfD IN BDOI A4_, PAOFS(p;y FNA7 THE BW WOAR lES NOT 509YEYED OF CLEARLY INDICATED AS CRAW TROY CERIEF ICATE CF REGTSTRATION INFORAUTION f0IA15 is ISM AI- PAGUA"THIT THE RATIO OF PRECISION AS CALCUUIED I5 I/:0.000 N2-: DY REGISTER OF DEEDS !1 r4l 7BI5 RAT WAS PREPARED IN 4. 6, 4T-30 AS AAENDEO. AI IAES! Lioc4 KA6Cfl AND SEAL THIS SEAL OR STALP L-33n E I[ENS[ +t+BER PdIE[E x0.e PW-165 W..IN.T AUAC: �: /NAS7ER/PW-1 ey/IX I T71 NORTH CAROL INA MOER MOY - 51%rC4ATLVIE. FTLEO FOR REG lS IRA- 6 OI TIE II 4 51G Cll`ER CA,-6 OAS OF YRCORDED dl AI 1 J IC�:p'. AM DULY RECORDED IN wP BOG 31 AI PACE 4N�� SL4qq IoYCE At1111-COD=Qc3pt-W`M+f FI$ -M70 tj L,, 50 0 6 - _- Too THIS PROPERTY IS NOT LOCATED IN IHF 100 R01AD6BY OCMV, rI TY-PAr,EI X.... ST0541 0793 B („! GRAPHIC SCALES I^ - DO- EFfECT i'!E FEBUAAY T5, T985. E'TFj'�'A�'�Ijflllr�Rllll�'�ilPT+jfilrl� IIFI EII�II III�fIRI I I Irl],II IIII II TINT II I! 1�1m6wlnHtm illrullou�un Im�i10.1rnr�IuJ ni�Nrdv r�i�lilnl�nulnl�6mhn�li nd nri6ul lmi �I u I rn�u rG+l �mlru�l IOTES: I. ROADS TO AEET CA EXCE60 KOCT 5 TA'.(,'1ROS 114 OIL ICA7I C'•N TOP,COOT MAINTE,ANCE IC 8E .40E. 1. 10' OTIE[lY EASEMENT ALONG AL AOAO AI71T5 OFWAY. 3. NO 6eGs MI-PTINT VIIH14 2000,, iIRQ'A0S SETRA'F.5 1. "AST 6-E IS 2.02 ACRES. 25' FRONT 1D' slrF S. L07S AWE 5IN E IAMILT LM3, IS' PEAR 2D' cDRNEx LEGEND SLIRYEY REFERENCE 10 1" Bi1M SET w mE IS Pm 4S (IEX.IInE PIPE NOR 23 FACE e0 'WAP 100¢ IS PAq I/7 [OGRO Aol/A[tt ffT Me BOO{ T/e6 PACE DDI MAP Fat AECUO THE FOREST AT BELVEDERE PLANTATION PHASE Bf . TOPSAIL TOWA%HIP PEwte COTIT WORTH C1641AA ONNF:RI THE fOEST AT BELVIDERE, ELC DESIGNED. GAG 6OL P11.111 DRIVE ADDRESS:ORAMN, GAG 11 ADDRESS: TSMXC 701e0 P1fONE; MIT) 61I-1061 APPROVED! GAG S STROUD ENGINERRENG. P.A- DATE: 9118103 F. CIxEM OulrF SCALE: 1' - 60' I v�oi esI-oTis "I Do sREEr T Cf 1 14631 Pq-054 5L 449 61 ??�°�� 13�1 Hod 03 OCT - 9 0110: 1,6 (FO!S f -P OF OELOS rE :s . 11H1d.1iC FIRST AMENDMENT To DECLARATION FOR THE FOREST AT BELVEDERE PLANTATION PHASE 6 This I7IRST AMENDMENT, 0 DECLARATION FOR THE FOREST AT BELVEDERE PLANTATION PHASE 6 ("First Amendment") made and entered into the , day of &.tr 2003, by and between JERRY SCOT T, LLC, a North Carolina limited liability company (hereinafter "Declarant"); and ALL PROSPECTIVE PURCHASERS AND OWNERS of real property within The Forest at Belvedere Plantation Phase 6, WITNESSETH: WHEREAS, Declarant has caused to be recorded that certain Declaration for The Forest at Belvedere Plantation Phase 6 in Book 2123 at Page 092 in the office of the Register of Deeds of Pender County (the "Declaration"); and, WHEREAS, pursuant to Section XIV, Development of the Subdivision, of the Declaration, the Declarant reserved an option to expand the Property and submit Additional Property to the Declaration; and, Wl IEREAS, Declarant desires to add as Additional Property to the Property all of the real estate described on Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, Declarant, acting pursuant to'the provisions of Section XIV of the Declaration, does hereby amend the Declaration by submitting the real estate described on Exhibit "A" to the Declaration and thejurisdiction of the Association. Prepared by WARD Ar,TDS>CTrt, P.A., 127 Racine Drive, Wilmington, NC 28403 PIease return to WARDANDSNnTKP.A., P.O. Box 7068, Wilmington, NC, 28406 Attention: W. Daniel Martin, II1 5 i7_�'��135 IN TESTINIONY WHEREOF, the parties hereto have caused this First Amendment to be executed under seal and in such form as to be binding, this the day and year first above written. JERRY SCOTT, LLC (SEAL) a North Carolina limited liability company Ry= (SEAL) S t H. Cook, Manager STATE OF NORTH CAROLINA COUNTY OF _Aj / de r� I, i-[cOrt l-f �_- Gd lam. �' C "" a Notary Public in and for said County and State, do hereby certify that SCOTT H. COOK before me this day personally appeared, who being by me first duly sworn, says that he is a manager o, JERRY SCOTT, LLC, the limited liability company described in and which executed the foregoing instrument; chat he executed said instrument in the limited liability company name by subscribing his nautc thereto; and that the instrument is the act and deed of said limited Iiability company. WITNESS my hand and notarial seal, this the "l f"k\ day of a'rr ki?f , 2003. My Commission Expires: l , a 7 p�ltlt l lrllu�Z'i r #0r4A l y 7 Lit 10 .t co Notary Public 0 Notary seal or stamp trust appear above this line. 030318-0001 w1.1\1A1N1967091t NORTH CAROLNA - PEFDER CO k . The foregoing (or annexed) certMeate of , is certified to be correct, Tbisqd -day of Oe t ._, A.D. 20 a3 JOY M, SWI EGOOD - Pender County Register of Deeds By - — Deputy/AsWotat3t Register of Deeds 9111%2239136 Exhibit "A" All that tract or parcel of land lying and being situate in the Pender County, North Carolina, shown and designated on that map enlided "THE FOREST AT 13EI-VEDERE PLANTATION - PHASE 6-1)", said map being recorded in Map Book 36, at Page 32, in tc office of the Register of Deeds of fender County, North Carolina. PP0.1C[7 NO.; p _�pf m EQOM �--EE_��e$� .S. vx RaxE n IMI. r.. $:z _ ii.l�- ^wfNs Hl� ��g°�[¢g� (oy�� •�R44 a �` ��n 19- • Ap NA aril R LN? Y4:'HaaM�M EEc2] 4 iIM•a . 4A�h k r k a q �` A x k i k aE xa x i oY P.D. box '� oUbltutk9Wn� NC- J8401p _.rn 03 WPC, 20 PM !: 24 Rt_G'51 N' Oi DEEDS PE.N'D COUNTY, NC 19K 2 1 9t 31PG } 9 2 DECLAiZATiON OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS Or THE FOREST AT BELVEDERE PLANTATION PHASE 6 Date: IMay 20, 2003 8euo,slcd 7er4 Cayce �. ee�eod Register M Deeda render Qountg, So Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Please return to Ward and Sinith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Attention: W. Daniel Martin, III 3A PK2121)PG00;4 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF THE FOREST AT BELVEDERE PLANTATION PHASE 6 This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF THE FOREST AT BELVEDERE PLANTATION PHASE 6 ("Declaration"), a subdivision located in Pender County, North Carolina, made and entered into as of the 20th day of May, 2003, by and among JERRY SCOTT, 1.1.,C, a North Carolina limited liability company (hereinafter called "Declarant"); JERRY B. REEVES, J R. and wife JACKIE W. REEVES (collectively called "Reeves"); ROLAND J. BERUBE, Trustee under the Revocable Declaration of Trust dated March 17, 1994 and DOROT14Y I. BERUBE, Trustee under the Revocable Declaration of Trust dated March 17, 1994 (collectively called "Berube Trustees") and ALL PROSPECTIVE PURC11ASERS OR OWNERS of Lots as shown on all maps of :11c Forest at Belvedere Plantation Phase 6" recorded in the Pender County Register of Deeds Office; W1TNI,SSETH: WHEREAS, Declarant, Reeves and Berube, Trustees are the owners of all the Lots and Declarant is the owner of all Common Areas and streets shown on the various maps of The Forest at Belvedere Plantation Phase 6 including, but not limited to, those recorded in Map Book 35, at Page 101 and Map Boole 35, at Page 129 in tine office of the Register of Deeds of Pender County (all such maps, together with future maps, herein referred to as "the Maps"); WHEREAS, Declarant, desires to submit the Lots and Common Areas, together With the irnprovetnems thereon, to the provisions of Chapter 47F of the General Statutes of North Carolina (hereinafter sometimes referred to as the "North Carolina Planned Community Act" or the "Act"), and develop a residential community and intends by the recordation of this Declaration to impose the covenants, conditions, restrictions and easements contained herein (hereinafter sometimes called Restrictions) on the property described herein as Lots and Common Areas to the end that the Lots and Common Areas shall be held subject to the Act and said Restrictions; WHEREAS, Reeves and Berube Trustees own cc:tain Lots within the Subdivision and desire to submit the Lots so owned, together with the improvements thereon, to this Declaration and the Restrictions; and, WHEREAS, Declarant also owns in fee simple the real estate designated as Additional Property in the description attached as Attachment A hereto, as the same may be amended by Declarant from time to time, and may hereafter elect to subject all or any portion of the Additional Property to the provisions of this Declaration pursuant to Article X1V hereof. NOW, THEREFORE, Declarant does hereby deciare that the Restrictions contained herein shall run with the Lots and Common Areas described herein; shall be a burden rX2 4 2--PG096 (9) "Declaration" means this Declaration of The Forest at Belvedere Plantation Phase 6 and any amendments hereto. This Declaration sometimes is referred to herein as the Restrictions. (10) "Development Period" means the period ending on the eadiest of (i) December 31, 2010 or (ii) the date specified by Declarant in a written notice to the . Association that the Development Period is to terminate on that date. (1 1) "Dwelling" means the primary residential structure located on a Lot built in accordance with the requirements of this Declaration. (12) "Eligible Mortgage Holder" means the holder of a first deed of trust on a Lot who has requested in writing that the Association notify them of any proposed amendment to the Declaration, the Articles, or the Bylaws. (13) "Executive Hoard" means the Executive Board of The ForesUllhase. 6 Owners Association, Inc. (14) "Improved Lot" means a Lot containing a Dwelling for which a certificate of occupancy (temporary, conditional or final) has been issued or upon which Landscaping has been installed. (15) "Landscaping" means living plants, shrubs, vegetation, ground coverings (including grass or sod), and appurtenant live/growing vegetative materials together with straw, mulches and composting materials installed upon a Lot. (16) "Lot" means those separately numbered and designated parcels shown on any of the Maps and on any other Maps of the Additional Property brought within the Subdivision. (17) "Owner" means the record Owner, whether one or more Persons, of a fee or undivided fee interest in a Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. (18) "Permit" shall mean the North Carolina State Stormwater Management Permit Number SW8020608 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to the Additional Property. (19) "Stormwater Management Facilities" or "Stormwater Management Facility" as those terms are used herein shall mean all areas consisting of ditches, swales, stormwater retention ponds and any other improvement located in the Subdivision constructed pursuant to the Permit. (20) "Subdivision" means all of the property defined herein as Lots and Common Areas, and includes all or any portion of the Additional Property submitted to this Declaration by Declarant. PIS ? I �_ 3 ''G I I properly stored in an enclosed area such that no part of such vehicle is visible to anyone from the Streets iocated in the Subdivision. (13) Any and all erosion from a Lot occurring as the result of any construction on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. (14) The maximum allowable "built -upon area" on any Lot in the Subdivision is 3,500 square feet. 'Built -Upon Area" includes any 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" inciudes, 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. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited by any persons. A thirty (30) foot wide vegetated buffer between all impervious areas and surface waters shall be maintained on each Lot. All roof drains shall terminate at least thirty (30) feet from the mean highwater mark of any suurface waters. The covenants set forth in this Paragraph (14) are intended to ensure ongoing compliance with State Stormwater Management Permit No. SW8020608 as issued by the Division of Water Quality under NCAC 214.1000 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein (the 'Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this Paragraph 14 to the extent necessary to maintain compliance with the Permit. The covenants set forth in this Paragraph (14) pertaining to stormwater may not be altered 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 stormwater plan for. (lie Subdivision may not take place without the concurrence of the State. (15) In the event the Owner of a Lot shall damage or through negligent failure to act allow damage to occur to any drainage or utility easement or Stormwater rblanagement Facilities located in the Subdivision, the Owner of said Lot shall be responsible and liable for the repair or replacement of said drainage or utility easement or the Stormwater Management Facilities as provided in these Restrictions. From and after the time the Permit is transferred to the Corporation, Declarant shall have no responsibility for maintaining any drainage easements or Stormwater Management Facilities in the Subdivision except drainage easements or Stormwater Management Facilities located on lots owned by Declarant. Within the drainage and utility easements set forth in these Restrictions or shown on the Maps, no structure, fencing, 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 or violate the provisions of the Permit. (16) It shall be the obligation of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on said Lot as said driveway crosses the ditch or Swale line at the front of the Lot in order that the natural flow of drainage will not be at any time blocked along the street. The culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. in no 18 Z8 4z if F T tt, -Ij rf Zv TV It c ■ Big "MMONI'Mm ........... -IN FJ. I ---------- --- ------ RR ki'sk_=iit ---- ------ ✓ but A ................. n ie 4e, is 3v HE, i NVF PR4TESHTHA GROG OB 1443 PG 3At NOTES: I. ROADS TD MEET OR EKCEFD SCOOT STANDARDS AND APPLICATION TOR NCCOT MAINTENANCE TO BE MADE. Z. 10' UTILITY EASEMENT ALONG ALL ROAD RIGHTS OF 7AY. 3. NO NCGS UUNU4EN1 wiTHiN 2000'. A. PHASE 6-A IS i.77 ACRES. THIS PROPERTY IS ,NOT LOCATED IN THE 100 YEAR FLOOD BOUNDARY cmw; I TY -PANEL NUMIJER 370344 0393 B EFFECTIVE FEBUARY 15. 1585- 41; PENOER LANs HOLDINGS !}8 :241 PG 251 B ::ILDING SETBACKS 25 IRON 10' SIDE 15' RE AA 20' CTNER CERTIFIC,fE: THFS SURVEY CREATES A SOSOIrfSICN O ' 4N0 ■1THIN TIE AREA OF L COUNTY THAT HAS AN MR -1410E 'PTH�C H THAT REGULATES PARCELS OF ONO. O +F��C�"? - - �• 7e '.. 4. ANIERYDN GREEnE �C'1-' t,�= L �a> . c�7Q .�'4'1•+k ,sue`, _-_"_ CERTIFICATE OF SURVEY AND ACCURACY 1. C. A!lJERS[W. TAIEENL „FRTIf! THAT 141S PLAT WAS ORA" O'DER M! SUPERV151O. FRy AN ACTUAL SUIVET AMOE UAL'ER NO SL4E;Y15ICI IDEED DiSLAIPTIIN RECORDED 14 300K AS PAGEFAIRANIAT 1HE BOt[GARIES 'A. SL'R'f[YED ARE CLEARLY INND] HIED AS ORAANA FR,- INFORuATITIN FOUND I4 a00Y Af_ PAGE~THAT THE dAr 19 OF RREC''"" AS C12)"TEq IS 1/10.DO0 THAT Till PLAT ohs PREPARED IN ACCORDANCE 1i1N I.S. +7-30 AS ANlNOED. AITNESS Al CRIGINAL SICNA7URE. L11 ' 1WfiER k.40 SEAL TN35 JAY OF jN2. SEAL OR STAR S69VL!09 U 30 SC`s Z L.337 D = LICE%SE St-05R N G� `:'kD �r°DER505+(a F [MEET NO.: PW-165 MAO1rC MANE: F:/LAA 'UTURE DEYELOPAENT �\ r_nAw Lllc s3•Jl• PHASE 64 \ '� o- 72 2. STO+YWATER i 9ASIr \ 3po 530'43 31 E \ :r crux 1 \ Usrr, rnl LINE r t ,`� r•" r 75}6 $4. ft. `r---------ter 2 '-- i YAK rtlrAv [ I N35'S9'Ot"� I G9 CI CE 1TANAGER -Y�AY 4s�Puat,Icw■ is S35'S9'C8'E 59.10' ry +r Frt 1 u N I ! 1122 w ft. m ; 422t A,. f!: 'a _ - 9102 K. f1.; I 60100' 90.00' E0.00' ____ 75. pp' __� N35'f4'39'r AE°P 35'- Pr rr P� s aYIv' 61 nMWW!1� • lz�v,� Ofim [,! u.r.:t� dfy d rx PL1a. u3v'k tbEs w0"A. ° � m A' V v p91ca 1 BELVEDERE COUN'RY CLUB GOLF COURSE N/F 3RIDGEPATER GOLF PROPERTIES 08 T67 PG 252 MAP BCCK 23 PAGE 143 N It 46 • 225.00 EIP: LINE DATA ; N0. DIRECT IDN DISTANCE LOT 2 BELVEDERE ICN L1 35.59'OB' E 13.60 SECT:ON 2. PHASE 1 L4 S T1'S5'S0' E 4.56 11AP 96 BC0K 15 ?AGE 45 L5 S 57-20,10- 28.50 sk IV$ ------- ----.-------_----- _ LONGLEAF DRIVE C+-1! ;a'POaLEC R77 --__._.-_--_-_-_._._.___._.___--- C] I Wlt r C:1 I u w fsT � i �•b CT;I 'l. I CURVE DATA 110, DELTA TANGENT SRC PAD IDS CI•^RO CHORD BRG Cl 70.49'23' 24.38 43.26 35.00 40.56 S 0'34'26' E C2 65. 41'24' 32-92 5H.47 51.00 55.32 S t-59'33- r C3 90.44'10' 51.66 90.77 '1.00 72.59 S 76'13'13' E C4 32'09'06' 14.70 28.62 5T.00 25.24 N 42'20'09' E CS 36.21'04" 16.T4 32.36 51.00 31.02 .N 8*05,04' ' C6 22.34'22' 10.10 20.09 51,00 19.95 N 21'22'39' w C7 2.39'55" 11.57 23.14 497.50 23.14 N 33'59'47' 4 CB 21.19'33' 59.a3 118.28 31,7.77 :17.59 N 70.03'02- E C4 O'38'21" 2.76 5.55 497.50 5.55 N 35'33'54" N C:0 3'T8':3' 13.70 27.39 4'.5.00 27.38 5 34.18'5G' ' 611 26.42,33' 82-56 IF2.12 347.77 16D.65 N 67'21'32" E 40 0 4D BO GRAPHIC SCALE: L" • 40' SURVEY REFERRENCE MAP HOCK 1.5 PAGE 45 MAP BDGK 23 PAGE 143 DEED BOCK TABS PAGE 001 0 IRON REBAR SET Q Ex. IRON PIPE ■ CONTPOL WONVMENT SET IT Hcr pstec0 V I C I N I TY MA CERTIFICATE OF FINAL PLAT APPROVAL APPRO'vra aY 'HE PENOER COUNTY PLAWING BOARD IPE'DER C0.1Aa BOAROISSIOERS• IF APPI ICABLEI DATE CERTIFICATE OF RFGISTRATIGN BY REGISTER OF DEEDS NW T:I CARCL I4A PEN3ER C[1C471 FILED FOR REGiSTRAT[9R ow T4E _ ,AT 10awr.Ay VP^' 3--1 1 AND QUAY REECRDEO IN MAP 00�9 A PAGE_M\-_SL y-7a Jcm IA. SAICEGBOD a. Va. CERTIFICATE OF OWNERSHIP DEDICATION AND ,SURISDICT]ON WE 4ERE9! CERS If' THAT nE A9E THE CRIERS OF THE PROPERTY SkM AtG DESCRIBED HERECM AND HIT UE HEREBY ADOP1 MS PL44 OF SIIBDIVIS104 W171' MA FREE CONSENT uD OEDTCArE AtL ST4EEIS- ALLEYS. WALAS. PARRS. CONSER- A'AtION SP47 A* COIN AREAS ID PIBLIC CR PRIMATE '.SE AS NOTED. ALL RCAOS AKJ DRAIAACF E,SEA2NTS ARE DEDICATED ;m PL'B.IC UTILITY PLEKSES. FIiTTHER. WE C-cPIIFY THE LAID AS SHOWN HEREUi IS LOCA TEO WI fHfN THE SLEDIYI S!U1 JuR7SDI iI h OF KNUER OOI:N7.. DA 1� LRE IY COVET REVISED ttr26/02 AM EASEUF4TS Aµ♦' r:1i H�CUN THE FOREST BELVEDEREA APLANTATION PBAS[ a - A TUISAIL TOPUSHIP PENGER COLA TY "TR CAPTA[NA ORIti ER: THE FURE57 AT BELVDERE. LLC OES!GNCO= GA ADDRESS: hoc PELICAN ORLVC WRIGHTSVILLE UE M, NC 28490 DRA.AN: CG PHONE: [9101 617-7N+ APPROVED: GA STROVI] ENGINEERING. F1 A. DATE: ZIWO J Sl]Ib Li �EALL DR IHE Nc SCALE: 1 - 4' .nrincTllN. Ra 4oT 9iC1 qt�5-071'. SHEET 10F t S L- I k-j 12 35 1) g 1 O I STATE OF YORM UROLINA Department of Bvimmentai mnd Natural ILesoiu= 127 Cardiaal Drive Bvwsion Wffin`.ugton, North Cazo5a. 28405 (910) 79b-7215 . FILE ACCESS RECORD STCTION p✓L�L�'� S i.J_ T MAT NAME �1GV1 V1O ✓1 GuidO ines fax Access: Tho gaff of V dm1gtan F*oiW Office is dcdicated to waking public rbcards in our custody readz`lp available to the public for review and oopykl& Wa also love the respaudbiUty to tho Public, to safeguard these records and to qmy out our day-W-day progmt obligations. Please read caremy the fallowing guidelines signing the harm: . Dne to to large publi, demand for file access, we requesttbatyom can at lcasta day as advance to schedule an appolafinent to roviewthe files.:A.yp6itmontss wjR be scheduled between. Y.Mam and 3:04pm. Viewing time =& at 4.45pm, Aaiyone arrf Ly withani_ a a ointment mavxevw the f les to the erteut that time and staff sn 62 slm is available. 2. You must specify files you want to review b iacilit _name. The mmnk-r of tfes that you mayreview at one fte will be M fted to five. 3. You map make copies of a .file whea� ilia copier is not in use � ibe staff attd iftime P ezan.. Cast per cope is $,05 eex. I?ayment may lac made hg check, money order,_ or cash at ire reee ia. p �an desk. Copies totaling $5.00 or more coil be invoiced for Your eux'Menee. 4- D-L MC7ST_ DR WT IN 0RDFR. YQ17 FOUND TER' Pes may not ba taken ftm 2m uffee.• To removt, aher, deface, i ufilate, or destroy mabmial in one ofthese Mes is a misdemeanor far which you can be fed up to $500.00. No kiefmsbs IM totes, etc, are ezmitted in theAlpreview area. �. k acoprdance with General StatEte 253-512, a $25.00-proce5sing fee will be charged and Pollected•for checks on which payment leas been reffsed. FACILITY NAME COUNTY IJZGGG 3, - � Signa e amo of mess Date The in Time Out 'lease aEtach a bust = card to form COPIES IvlADE PAID _ TNiOZG S ' A d�arn.fiia gccess ��A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor November 24, 2009 Mr. Scott Cook, Partner The Forest at Belvedere 106-A Cinema Drive Wilmington, NC 28403 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary Subject: Request for Additional Information Stormwater Project No. SW8 020608 The Forest at Belvedere Phase 6 Pender County Dear Mr. Cook: . The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for The Forest at Belvedere Phase 6 on October 30, 2009. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to accept the project as a modification: The required permit application processing fee of $505 payable to NCDENR must be submitted by December 3, 2009. The following information is also needed before a technical review can begin. Typically, projects are not accepted for review until this information is received. In this case, the submittal is in response to a Plan of Action required by a Notice of Violation, and therefore the package will be accepted upon receipt of the fee. The following items are required to be submitted by December 23, 2009: A detailed narrative (one to two pages) describing the stormwater treatment/management for the project that will be changed under this modification. It is my understanding that the two items that will be modified include A.) Removing the permitted townhomes and replacing them by single family homes resulting at a net decrease in BUA, and B). Piping several 5A swales. I understand that there are also existing issues with the inlet and pipes related to infiltration basins 4A and 4B, but it does not appear that any changes to the permitted plans are proposed for those issues. In addition to modifying the permit to show A and B above the site must also be constructed in its entirety as shown on the permitted plans. If it is your intention to modify any aspects of the BMP(s), then you must provide all of the necessary information supporting those changes as listed on our current application (such as supplements and calculations). 2. Original of the Stormwater Management Permit Application Form using the latest version available on our website, http://h2o.enr`state.nc.us/su/bmp_forms.htm . Original signature and notarization required. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One P hone: 910-796-72151 FAX: 910-350.20041 C ustomer Service: 1.877-623-6748 North C arof i n a Internet: www.ncwaterquality.org 'jVati ma y An Equal Clt Affirmative Action Employer " S W8 020608 November 24, 2009 3. Original of the signed and notarized Deed Restrictions & Protective Covenants " a Form. Original signature and notarization required. The deed restrictions must include the single family homes that were built in place of the townhomes previously permitted. 4. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including a. Development/Project name. b. Consultant and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Dimensioned property/project boundary with bearings & distances. i. Site Layout with all BUA identified and dimensioned. j. Existing contours, proposed contours, spot elevations, finished floor elevations. k. Details of roads, drainage features, collection systems, and stormwater control measures. 1. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person.) Provide documentation of qualifications and identify the person who made the determination on the plans. m. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. n. Drainage areas delineated (included in the main set of plans, not as a separate document). o. Vegetated buffers (where required). 5. For corporations and limited liability corporations (LLC): Provide documentation from the NC _Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1 a, 2a, and/or 3a per NCAC 2H.1003(e), The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://www.secretaa.state.nc.us/Corporations/CSearch.aspx Please visit DWQ's website at hftp:/lh2o.enr.state,nc.us/su/bmp_forms.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If Page 2 of 3 SW8 020608 November 24, 2009 - y'ou have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at kelly.p.3ohnson@ncdenr.gov. J ely,o snmental Engineer GDSIKPJ: S:IWQSISTORMWATERIADDINFO120091020608.nov09 cc: Jimmy Fentress, Stroud Engineering Wilmington Regional Office Stormwater File Page 3 of 3 SOSID: 0541001 Date Filed: 6ISI2008 9.47:01) AM Effeetive: 5/21/2008 Elaine F. Marshall North Carolina Secretary of State C200815500163 ARTICLES OF DISSOLUTION OF THE FOREST AT BELVEDERE, LLC Pursuant to § 57C-6-06 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Dissolution for the purpose of dissolving the limited liability company. LLC. 1. The name of the limited liability company is The Forest at Belvedere, 2. The dates of filing of its Article of Organization and all amendments thereto are as follows: all members. Articles of Organization March 14, 2000 3. The reason for filing the Articles of Dissolutions is the written consent of 4. The effective date (which shall be date certain) of the dissolution, as determined in accordance with N.C.G.S. § 57C-6-01, is May 21, 2008. This the 21 st day of May, 2008. THE FOREST AT BELVEDERE, LL.0 By: S tt H. oo , Manager 1 By: mmie L. Little, Manager Prepared by and return to: Adam M. Beaudoin For the firm of Ward and Smith, P.A. University Corporate Center Post Office Box 7068 Wilmington, NC, 28406-7068 Telephone: (910) 794-4847 Facsimile: (910) 794-4877 W LM A IN/180998/1 SO SID.667G854 Date. Filed: 7/24/2015 12:38:01) I'M E?laine F Rlarshall North Carolina Ser.relarr of State C2015 195 00230 STATE OF NORTH CAROL NAB Deparftwt of the Secretary of State DESIGNA'f7ON OF REGISrM1ErD OMCE ADDRESS AiVI}IOR RIGIMIRED AGENT Pursuant to §55D-30 and §55D-31 of the Gew-A Statutes of Nonb Carolina, the undersigned entity submits the following fot the Purpose of designating a registered ofixca and/or registered agent in the State ofNorth Carolina. 1. The name of he entity ia: Thu FomsuPham 5 Owners Aiaooigm EntityTypes tparakon, i�F'oneiga Co N ©NonprofitCarpomtion, �] omign N eopm6t Corporation, �mitedtiebWty'Campeny, iJtoreipUnitedi4airility Company, Cl unit d Partnership, []Foraden Limfati Festowshtp, []Limited LlnbfTity Pattoerahtis, QFinaign Limited Liability Patnership I (Check ifopplieWO). [I] The entity currently has no registered office on file with the Secretary of State. 3. (Check if applicable). [ J The mailing address of the registered office is not on file with the Secretary of state, 4. 'The meet address and county of tha entity's designated registered office ls: Number and Street: 170r Hwy 17N City, State, lip Coda. Harnpeioad, HC 28443 County: Pander 5. The mailing address 3fdUitrdrl from the sfrset address of the designated registered office is: P.O. Box 1097 HanvOead, NC 2ti443 6. (Check if applicable)_ [ ] The entity currently has no registered agent on file with the Secretary of State 7. The name of the designated registered agent and the designated re&c* agent's wriaca eonsent to the appointment appears below : Rzatxih JustEtc o e_ PAN or P)-W Name of New.fgen() re & Title') y S t �c� • ` �"' 8. The address of the entity's registered office and the address of runt business office of its registered agent, as desigtaaded hereita, Will be identical. 9. This statement wig be effective upon ftlin& unless a date and/or time is specified: 10. Ibis is the 2t day of -b* , 20 tS The ForasUPraase 6 Owners Assod000n (Name Of (type orPrt*t amae arrd Tide) lY0TE5: 1. Vdiag fee is MOO. Ott eaeeated statement mast be Sled rihh the Seeretiry of Stott. _2. 'Eris form is for one by entitka that bsve net Med the name cis rtglsttr%ed tKiat or addrela of a raotered ofPet with the Corporations Division. Instead of ti=nirp here, the new t g4tered *Beet may sign a separnte written eoascnl to the appointment, whieh must be attached to tifs statement CORPORATIONS DIVISION P.O. BOX29622 RAL£IGK NC 27626-0622 (R"1mdlmrua y2002) {)"orm Bg-0Sj SOS I D: 0641933 Dale filed: 61�,12008 9:11:00 AM I;ffedive: -';M/2008 Elaine F. Marshall North Carolina Seeretary of State C200815500165 ARTICLES OF DISSOLUTION OF JF3RRY SCOTT, LLC Pursuant to § 57C-6-06 of the General Statutes of North Carolina. the undersigned limited liability company hereby submits the f'ollov,,ing Articles of Dissolution for the purpose of dissolving the limited liability company. thereto are as follows: all members. The name of the limited liability company is Jerry Scott, LLC. The dates of filing of its Article of Organization and a]l amendments Articles of Organization August 15, 2002 'The reason for filing the Articles of Dissolutions is the written consent of 4. The effective date (which shall be date certain) of the dissolution, as dcternlined in accordance with N.C.G.S. § 57C-6-01, is May 21, 2008. This the 21 st day of May. 2008. JERRY SCOTT, LI,C By: S ;tH. ook, Manager Prepared by and return to: Adam M. Beaudoin For the firm of Ward and Smith, P.A. University Corporate Center Post Office Box 7068 Wilmington, NC, 28406-7068 "Telephone: (910) 794-4847 Facsimile: (910) 794-4877 030318-00007 WLMAIN1181001\1 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME NAME REPRESENTING f74z/z:> G /S 0-77� Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between_9:00 a.m. and 3:00p.m. Viewing time ends at 4; 45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases lar a totes etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME lz-z(l�IlzF�,5r- 2. 1 Signature/Name of Firm or Business Date Time In. Time Out (Please attach business card to form if available) # Copes: Amt. Pd: Re: The Forest at Belvedere Phase6 Subject: Re: The Forest at Belvedere Phase6 From: David W Cox <David.W.Cox@ncmail.net> Date: Fri, 20 Feb 2009 15:37:13 -0500 To: dellabella28@charter.net, Linda Lewis <Linda.Lewis@ncmail.net> Jerry, I just received a call from Luke Menius with Stroud Engineering and he said they have had the surveyor out and will be starting repairs shortly. It sounds like they are submitting a modification to the plan as well. According to him it should be happening shortly. David dellabella28@charter.net wrote: Ms Lewis, Can you David or Angela provide me with the latest information on the outstanding compliance issues for the Forest at Belvedere Phase6. Thank you, Jerry Della Bella President HQA David Cox Environmental Senior Specialist Surface Water Protection unit Wilmington Region Phone (910)-796-7318 Fax (910) 350-2004 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. 1 of 1 2/20/2009 3:51 PM r �. ��P) D. ask uabllWn, NC 'Vgg �n) P JAM. # RCGISTER OF D ° PENDi:i COUNTY, NC DECLARATION OF COVENANTS, COND1T1ONS, RESTRICTIONS AND EASEMENTS O THE FOREST AT BELVEDERE PLANTATION PHASE 6 Date: May 20, 2003 ttNUOk'��.C+C� Joyce M cag00Q RegistezDeeda Ponder County, &Q Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Please return to Ward and Smith, P.A., University CaTorate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Attention: W. Daniel Martin, III RECEIVED �A SEP 0 0 2008 DWQ PROJ # f'?t2123PG094 DECLARATION �OFtn6%- .NSS rRICTIONs AND EASEMENTS 0 r � THE FOREST AT BFl,V&WkANTA770N PHASE 6 This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF THE FOREST AT BELVEDERE PLANTATION PHASE 6 ("Declaration"), a subdivision located in Pender County, North Carolina, made and entered into as of the 20th day of May, 2003, by and among JERRY SCOTT, LLC, a North Carolina limited liability company (hereinafter called "Declarant"); JERRY B. REEVES, JR. and wife JACKIE W. REEVES (collectively called "Reeves"); ROLAND J. BERUBE, Trustee under the Revocable Declaration of Trust dated March 17, 1994 and DOROTHY 1. BERUBE, Trustee under the Revocable Declaration of Trust dated March 17, 1994 (collectively called "Berube Trustees") and ALL PROSPECTIVE PURCHASERS OR OWNERS of Lots as shown on all maps of "The Forest at Belvedere Plantation Phase 6" recorded in the Pender County Register of Deeds Office; W ITN ESSI T1-1: WHEREAS, Declarant, Reeves and Berube Trustees are the owners of all the Lots and Declarant is the owner of all Common Areas and streets shown on the various maps of "rhe Forest at Belvedere Plantation Phase 6 including, but not limited to, those recorded in Map Book 35, at Page 101 and Map Book 35, at Page 129 in the office of the Register of Deeds of Pender County (all such maps, together with future maps, herein referred to as "the Maps"); WHEREAS, Declarant, desires to submit the Lots and Common Areas, together with the improvements thereon, to the provisions of Chapter 47F of the General Statutes of North Carolina (hereinafter sometimes referred to as the "North Carolina Planned Community Act" or the "Act'), and develop a residential community and intends by the recordation of this Declaration to impose the covenants, conditions, restrictions and casements contained herein (hereinafter sometimes called Restrictions) on the property described herein as Lots and Common Areas to the end that the Lots and Common Areas shall be held subject to the Act and said Restrictions; i1 IjL11J WHEREAS, Reeves and Berube Trustee oww --te a r I1 7�� i(Q tk�"e ivision and desire to submit the Lots so owned, together witla-1 i os�t e i<lhe� n, to this Declaration and the Restrictions; and, I I I WHEREAS, Declarant also owns in flee simple the real sMM�?11 Additional Properly in the description attached as Attachment A hereto, as the same may be amended by Declarant from time to time, and may hereafter elect to subject all or any portion of the Additional Property to the provisions of this Declaration pursuant to Article XIV hereof. NOW, THEREFORE, Declaratt does hereby declare that the Restrictions contained herein shall run with the Lots and Common Areas described herein; shall be a burden GK.123PG097 }} Q [ S rnilbg o ed Lot" means any Lot other than an unproved Lot. 22 M&word not defined herein, unless it is lain] evident from /7 ( ) �� plainly e colit ' s�hl - p ).a�r� tion that a different meaning is intended, shall, as used herein, have the meaning asset oo hh i4,'jZ,$,J7F-1-IQ3. Association - General Purposes, Membership and Voting (1) An association named The Forest/Phase 6 Owners Association has been or will be formed under the direction of Declarant pursuant to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate the Common Areas and facilities located upon the Common Areas, specifically including, but not limited to, the Subdivision entrance signs, street Iights,:Slormwater Management facilities; drainage pipes and drainage outlets, streets (until accepted for maintenance by a governmental entity) and other improvements and amenities in the Subdivision owned by the Association; to maintain Landscaping installed on the Lots as provided herein; to enforce the Restrictions contained herein; and to make and enforce rules and regulations governing the Owners' use and occupancy of Jots and Common Areas. In addition to the foregoing, the Association has as its purposes the acceptance of the transfer of the Permit from Declarant and to take all actions and pay all fees required to affect such transfer of the Permit, and thereafter to oversee, inspect, manage and, when necessary, repair and replace all Siornrwater Management Facilities located within the Common Area or on individually owned Lots. (2) To fulfill the general purposes of the Association as set forth herein and in the other Association Documents, together with those purposes set forth in the Act, the Association shall have all the powers set forth in the Association Documents, the Act and the North Carolina Nonprofit Corporation Act. (3) Declarant, by this Declaration, and Reeves, Berube Trustees and the Owners of individual lots by their acceptance of individual deeds thereto, covenant and agree with respect to the Association; (A) that each is a member of the Association-, (B) that for so long as each is an Owner, each will perform all acts necessary to remain in good and current standing as a member of the Association- and (C) that each shall be subject to the rules and regulations of the Association with rcgaY'd' ownership of a Lot. ' �Vca (�E) fach membership in the Asi 6ct; �I unity of interest with an individual Lot which may t r, t;faro I o�ershi of said Lot. (5) The Association have two (2) u 4 Class A -The. Class A member(s) shall be all Owners with the exception of any Owners who qualify as Class B members, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one Person holds an interest in any Lot, all such Persons shall hold the membership with regard to such Lot in undivided interests. 'fhe vote of such multiple Owners of a Lot shall be exercised as they, among themselves, shall determine, but tea® UK 2 I . 'T in no event shall any fractional vote be counted or more tffar�o� iressp�ectt to any L.ot.Mog(tQ' (UJGt'10(�Qb t� Ala Class B - The Class B member(�s`�j, all be Declaranf u999 y�s�'�shall be entitled to three (3) votes for each Lot owned. The Class B membership shall ceas�''d 6 be converted to Class A membership upon the occurrence of either of the following events, whichever first occurs: (i) December 31, 2010; or (6) when The total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership. M Management and Administration of Subdivision The Association shall be fully responsible for the maintenance, management and operation of the Common Areas, Subdivision entrance signs, street lights; Stormwater- ;Management Facilities; drainage pipes and drainage outlets, roads (until accepted for maintenance by a governmental entity) and other improvements and amenities in the Subdivision owned by the Association. Pursuant to and subject to the provisions contained herein but only to the extent.speeilically provided herein, the Association shall he responsible for the maintenance of Landscaping installed on the Lots as provided herein. The management shall be carried out in accordance with the terms and conditions of the Association Documents, but may be delegated or contracted to managers or management services. Provided, however, any contract entered into by the Association prior to the termination of the Class B membership shall contain a provision allowing the Association to terminate the contract without cause and without penalty or extra charge, at any time after the termination of the Class B membership upon ninety (90) days advance notice. IV. EasemJ for Landscaping Maintenance (1) Declarant hereby reserves unto itself, its successors and assigns, a temporary, alienable and releasable casement and right over, across and upon the front of each Lot, being that portion between the right of way of the street abutting said Lot extending towards the rear of the Lot to the plane representin the front portion of the Dwelling on said Lot, for +ndscaping to be performed at7nli and at such levels of quality as Declarant in its sole di ttS�n shall tr rein reserved shall be for a period not to exceed three of the recordation of this Declaration in the office of PPender Count Until the easement herein reserves terminates, or ease'r'tti�n�t ]fyo+n'4of the Lot shall make no changes to the ,i ,My;c,ntents without the prior written consent of Declarant. (2) Upon the termination or release of the easement for Landscaping described above by Declarant, the Association may elect to enter into contracts to maintain the Landscaping. Except as may be approved by the Board from time to time, the Landscaping maintenance to be performed by the Association shall be limited to cutting the grass, edging planted beds adjoining the grass and to trimming scrubs and trees on a schedule to he determined or may become, an annoyance or nuisance to other LotMnc s s[F 1 tit`ve junk cars and like eyesores cannot be maintained on alie r�ri or tftei a dw�l�n ce erected on said Lot or on any Street located iivtston art suchtt��s't be removed by the Declarant or the Corporatio�ot Owner�u��/s (7) There shall not be placed or used on any Lot any of the following structures: trailer, mobile home (including a multiple -wide mobile home), tent, shack, garage apartment, barn, any other out bui[ding or any such structure of a permanent or temporary character. (8) All buildings, structures and their appurtenances located on a Lot shall be maintained in a suitable state of repair, and in the event of destruction by fire or other casualty, the Lot is to be cleared and debris removed within ninety (90) days from date of such casualty. (9) 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 Lot 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 or the Committee. Animals, when not housed, shall be on a leash at all times. (10) No Lot 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 Lot, except in sanitary containers. 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 of said Lot thereof shall generally landscape the Lot so as to be in keeping with the yards of the Owner's neighbors. The front yard areas of all Lots shall. be generally smoothed and sodded at all street fronts and all Stormwatcr Management Facilities, as hereinafter defined, located on a Lot sh all be maintained by the Owner of such Latin compliance with North Carolina State Stormwater.Management Permit Number SW8020608 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein. There shall be no mass clearing or stripping of trees from any Lot without the prior written consent of ®the Declarant or the CommittLlbe n �NCmcted on any Lot nearer the front property or lot line tb ( c�O ss 2h�eh-dzalling erected on said Lot, and all fences erected on any Lot shall �IIo+�ecLf ur (d) feet in constructed of wood or "PVC" type composition. No nee or4�r3p,,D �nd shall be placed within utility and drainage easements shown on the Maps or upon an "anagemenl Facility except as permitted by the Permit. (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 die same small be permitted to remain on any Lot, or in any parking space on or adjacent to any Lot, unless prior written consent for the same is obtained from the Declarant or the Committee, or unless the same is 17 P1(2' 123PG I I I properly stored in an enclosed area such that no'"/"rLcf cat ve i tw b o anyone from the Streets located in the Subdivision. f1n U //��v� (13) Any and all ero, m from a ht oWffr gAZ,.t g:4r t of any construction on said Lot must stabilized and coatrolied as described hereinabove ii (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. (14), The maximum allowable "built -upon area" on any Lot in the Subdivision. is 3,500 square feet:, "h6ilt-Upon Area" includes any 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. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited by any persons. A thirty (30) foot wide vegetated buffer between all impervious areas and surface waters shall be maintained on each Lot. All roof drains shall terminate at least thirty (30) feet from the mean highwater mark of any surface waters. The covenants set forth in this Paragraph (14) are intended to ensure ongoing compliance with State Stormwater Management Permit No. SW8020609 as issued by the Division of Water Quality under NCAC 2H.IOOO and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein (the "Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this Paragraph 14 to the extent necessary to maintain compliance with the Permit, The covenants set forth in this Paragraph (14) pertaining to stormwater may not be altered 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 stormwater plan for the Subdivision may not take place without the concurrence of the State. (15) In the event the Owner of a Lot shall damage or through negligent failure to act allow damage to occur to any drainage or utility easement or Stormwater Management Facilities located in the Subdivision, the Owner of said Lot shall be, responsible and liable for the repair or replacement of said drainage or utility easement or the Stormwater Management Facilities as provided in these Restrictions. From and alter the time the Permit is transferred to the CorpAU& Declarant shall have no tespot , rbil't r maintaining any drainage easements or Stormwater�gement Faciliti iui tccpt drainage easements or Stormwater Manag t7riUas F '1i its te��� owned by Declarant. Within the drainage and utility ease(r te� V he�estrictions or shown on the Maps, no structure, fencing, planting o{ t� a1 be placed Fstfi��emain which may damage or interfere with the ids l3a ton main t 1 i or which may change the direction or flow of drainage channels in the easements �p63tt&_'�govisions of the Permit. (16) It shall be the obligation of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on said Cot as said driveway crosses the ditch or swalc line at the front of the Lot in order that the natural flow of drainage will not be at any time blocked along the street. The culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. In no 1s DK2301+PG312 E N0_R COU 'Y,HC DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENI'S OF BELVEDERE PLANTATION TOWNHOMES THE FOREST AT BELVEDERE PLANTATION PENDER COUNTY, NORTH CAROLINA �16 a4ap4Q a3 ; J4 Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 Attention: W. Daniel Martin, III BK23010G3 13 � D �j E L-AR- �C &L� .DERE PLANTATION TOWNHOMES O C[QIn"1Bp�1? CONTE(`II'S PAGE ARTICLE 1 - GENERAL PROVISIONS I.I. Definitions............................................................................................................................2 1.2 Construction of Association Documents ............. ................ ................................ I.."... ...... 1.15 1.3 Belvedere Plantation Townhomes Association....................................................................5 ARTICLE 2 - COMMON AREAS 2.1 Conveyance and Title...........................................................................................................7 2.2 No Dedication.......................................................................................................................7 2.3 Regulation of Common Areas..............................................................................................7 ARTICLE 3 - EASEMENTS 3.1 Development Easements.......................................................................................................7 3.2 Easement for Upkeep............................................................................................................9 3.3 Limitations on Exercise of Rights and Easements.............................................................10 3.4 Easements for Encroachments............................................................................................10 3.5 Easement for Support .............................................................................•...........................11 3.6 Emergency Access.................................................................................................I............1 1 3.7 Easement for Use of Common Areas .......... ....................... ..'.......................................... ...11 3.8 Priority and Enforcement of Easements.............................................................................12 ARTICLE 4 - DEVELOPMENT OF THE PROPERTY 4.1 Expansion by the Declarant................................................................................................12 4.2 Expansion by the Association.............................................................................................13 4.3 Procedure for Expansion....................................................................................................13 ARTICLE 5 - SPECIAL DECLARANT RIGHTS, TRANSFER 5.1 Special Declarant Rights...-....... ........................................................................_..........14 5.2 Transfer of Special Declarau�' gie,ts.............................................. ....... ...............14 ARTICLE 6 -COMMON EXPENSES AISSES 6.1 Determination of Common Exp td�A nt....................................................15 6.2 Assessments and Common �c��..uuu1�9M'GF 15 6.3 Exemptions ...................... 6A Liability for Common Expenses..............................`....� 5�......--- .................. ..._18 6.5 Collection of Assessments ...... ................................... ......... ...........�..............................19 6.6 Statement of Common Expenses........................................................................................19 ARTICLE 7 - OPERATION OF THE PROPERTY 7.1 Upkeep of Common Areas and Lots...................................................................................20 rPK2304PG314 7.2 Owner Upkeep..."j��..... — ��.............................................................20 7.3 Manncrlof Re 'r ..............................................................................21 nil �rovcments�................................................2 [ 7.5 Disclaim I� L�'aba ity..... I��n,................................................. .................22 7.4 Addition ARTICLE 8 - RESTRICTIONS ON USE OF Ta%-b COMMON AREAS-, RULES AND REGULATIONS 8.1 Permitted Use....................................................................................................................23 8.2 Restrictions.........................................................................................................................23 8.3 Rules and Regulations....................................................................................................... 26 8.4 Leasing Restrictions...........................................................................................................27 9.5 Exclusion for the Declarant and Designees of the Declarant.............................................27 ARTICLE 9 - ARCHITECTURAL COMMITTEE 9.1 Architectural Committee....................................................................................................27 ARTICLE 10 - INSURANCE 10.1 Authority to Purchase.......................................................................................................28 10.2 Other Insurance ..... ............................................................................................................ 30 10.3 Separate Insurance on Lots...............................................................................................30 ARTICLE I l - COMPLIANCE AND DEFAULT 11.1 Relief................................................................................................................................31 11.2 Lien for Assessments........................................................................................................33 11.3 Subordination and Mortgage Protection...........................................................................35 ARTICLE 12 -MORTGAGES + 12.1 Notice to Executive Board................................................................................................35 12.2 Notices to Mortgages........................................................................................................35 12.3 Other Rights of Mortgagees............................................................................................36 ARTICLE 13 - CONDEMNATION 13.1 Definition..........................................................................................................................36 13.2 Taking of Common Areas................................................................................................36 ARTICL,Fy 4 - AMENDMEN'C 14.1 Ame d pt by the Dcclararpt., ..r1 .gA ....�...........................................................37 14.2 Amendme i✓by th s ii,* �a.....................................................................37 14.3 Pre isi[fi . 1?..............................................................................................37 ARTICL,� VA IR (��1011 BG1L! 15-1 T3eale's Rule; Lawffl0F2ri?PA9%qjA pply, Easement.............................................37 15.2 Upkeep..............................................................................................................................38 15.3 Destruction by Fire or Other Casualty..............................................................................38 15.4 Liability............................................................................................................................39 15.5 Arbitration........................................................................................................................39 15.6 Fences and Other Barriers...............................................................................................39 15.7 Right to Contribution Runs with Land...... .............................................................. . ...... 39 BK2304PG356 hN Xn tttr�Y t7te meeting. Such proof shall be deemed adequate if a copy of D, jelEr vvi h� Y Y b , is entered a date and manner of deliver the officer, t�7��'Z�tl� director, oer'v ''ed such notice. The notice requirement shall be deemed satisfied if the alleged violator appears a L neeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. In addition, a written statement of the results of the hearing and the sanction, if any, imposed shall be mailed by the United States mail, postage prepaid, by the Association to the violator. (d) Appeal, following a hearing before the Covenants Committee of the Association, if such committee is appointed, the violator shall have the right to appeal the decision to the Executive Board. To perfect this right, a written notice of appeal must be received by the managing agent of the Association, President or Secretary of the Association within thirty (30) days following the hearing date, said written notice to contain information by which the Executive Board may notify the alleged violator of the date of the appeal hearing. If no Covenants Committee is appointed by the Executive Hoard, no right of appeal shall exist. (e) Sanction as Assessment. Pursuant to the provisions of this Section, a fine may be imposed by the Association is an amount not exceeding One hundred Fifty and No/100 Dollars ($150.00) (or as may be provided otherwise by law) per violation of the Association Documents and without further hearing, for each day after the decision to impose such fine that the violation occurs. Any such fine shall be an assessment as set forth in North Carolina General Statutes Section 47F-3-107(d). If it is decided pursuant to the provisions of this Section that a suspension of privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured. ARTICLE 17 TRANSFER OF P£'I' AMID RESPONSIB f � The Declarant shall, at its sole costaand i t Ly, cTall Stormwater, _ Management Facilities required to belea�l dr{.tlimidon Are• cyr t r-operty annexed into the Property by the Dec io the stand fl � , . the Permit. Upon completion of the initial construction of said Stormwater Management r1Is, Declarant shall transfer the Permit and Declarant's responsibilities under the Permit to rite Association and the Association shall accept such transfers. Thereafter, upon completion of the initial construction of the Stormwaier Management Facilities required by the applicable Permit for any additional property annexed by Declarant into the Property pursuant to this Declaration, the Declarant shall 41 OK23O4QG357 transfer the applicable PPeent � r resp�irt cities under the Pen -nit applicable to the property anne �d i o the Properl t ���tion and the Association shall accept the transfer from the Dec'i�'�h1� ble Permit and responsibilities under the Permit. Transfers of any such Permit shall occur uhe earlier to occur of (1) the date the North Carolina Department of Environment and Natural Resources allows the transfer of the Permit to occur; or, (ii) the date after which at least fifty percent (50%) of the Lots therein are conveyed to Owners other than Declarant; and, in the case of property hereinafter annexed into the Property by Declarant as provided herein, the date after which at least fifty percent (50%) of the annexed Lots air, conveyed to Owners other than Declarant. Prior to any such transfer of the Permit, the Stormwater Management Facilities for the respective Property, including any property annexed by Declarant into the Property, shall be certified to the Association and the State of North Carolina, either by state inspection or by a licensed engineer, as being in compliance with the applicable Permit prior to such assignment or transfer. The Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant as the responsible patty under the Permit and any Permit applicable to any property annexed into the Property from and after the date Declarant tenders transfer of its responsibilities under the Permit. The Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant as holder of the Permit from and after the date Declarant tenders transfer of the Permit to the Association followin�he approval of such transfer by the North Carolina Department of Environment and Naturavources and the certific o 1lance as set forth above. Further, Declarant may bring a f tf the obligations r of the Association pursuant to this r Q From and after the trarsfer of Declarai#l's� "pn} ' dies under the Permit applicable to the property annexed into the Property and from and after'atf�fer of the Permit from the Declarant to the Association, the oversight, supervision, management and administration of the Permit shall be the sole responsibility of the Association. The Association's duties with respect to the Permit shall be carried out in accordance with the terms and conditions of this Declaration, the Articles, the Bylaws, and the Permit. 42 BK2304PG358 s txrhe y is granted and conveyed an easement over, under and e�a t or [he p to and inspection, maintenance, repair and replacement of all 5to n "• �`$C cn��t Facilities and to eufurce all reguirerne��ts of the Permit. Li the event the Declarant annexe?`pit Iional property into the Property and transfers the applicable Permit and Declarants responsibilities under the Permit to the Association, the Association shall have, and hereby is granted and conveyed, an easement over, under and upon each annexed Lot for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwater Management Facilities located upon such additional property and to enforce all requirements of the permit. ARTICLE 18 JOINDER OF TRUSTEES AND BENEFICIARIES BB&T and BB&T Trustee and Bank of Wilmington and Trustee join in the execution of this Declaration to consent to the terms of the same and subordinate the liens of any deeds of trust to the respective trustees for the benefit of BB&T and the Bank of Wilmington encumbering the Property to the provisions of this Declaration. ""*N� 0 0V�gg&�' U�owxOFP=ZU. 43 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD (� SECTION SWP DATE/TIME NAME \.r,/l .����Q,�ll� _ REPRESENTING 6el-D367 -- - - - Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying_ We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3.00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files' you want to review by facility name or incident number, as. appropriate. The number of files that you may review at one appointment will be limited to five. T 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.; cost. per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc,. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500,00. 5' In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 2, 3. 4. 5. _ Signature-Name'of Firm or Business (Please attach business card to form if available) # Copes: Amt. Pd: I---- rI �� 'time In. Time Out I I-wd: Re: Tlie Forest at Belvedere] Subject: [Fwd: Re: The Forest at Belvedere] From: Linda Lewis <linda.lewis@ncmail.net> Date: Thu, I I Sep 2008 09:00:00 -0400 To: carolynYjustice@bellsouth.net Ms. Justice: The requested Designer's Certification and recorded deed restrictions were delivered to my office late on the afternoon of September 9, 2008. I will put this project on our inspector's list to be inspected at his earliest opportunity. The deed restrictions were recorded on May 20, 2003, and contain all the required statements. There are no deviations noted on the Designer's Certification. Do you have any specific issues you need to let us know about in regards to this project? Please keep in mind that flood control is not required or covered by the permit. Linda Subject: Re: The Forest at Belvedere From: Linda Lewis <linda.lewis a ncmai1.net> Date: Wed, 10 Sep 2008 17:26:46 -0400 To: carolynj'ustice@bellsouth.net I spoke with engineer yesterday and he was supposed to get those documents to me today. I'll check my in -basket tomorrow and let you know .if they arrived. Linda Carolyn justi.ce@bellsouth.net wrote: Dear Ms. Lewis I left a phone message for you but have not heard back I would try your email. so I though] I am the Business Manager for the Forest at Belvedere and we are wondering if Scott Cook ever responded to your letter to him dated 8/7/08 wherein you told him that "Failure to provide the required certification and failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots are violations of your permit, and subject to enforcement action."? In that letter you gave him until 9/6/08 to respond. Please let us know what has transpired. Thank You Carolyn H.Justice Carolyn justice@bellsouth.net <mailto:carolyn justice@bellsouth.net> 270-9975 C Re: The Forest at I3elvedere.eml ontent-Type: message/rfc822 Content -Encoding: 7bit 1 of' 1 9/1 1/2008 9:02 AM STROUD ENGINEERING, P.A. F, 3961-A Market Street WILMINGTON, NC 28403 I[Euvign Op o iJ�.J�LJVL1Lt��L-�.SL� I > (910) 815-0775 TO t-Ql, BY: DATE JOB NO. O � AITEN TION RE; WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: For approval ❑ For your use As requested For review and comment ❑ FORBIDS DUE REMARKS _ ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution 0 Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US `--t tA,ta 1,C cam- LA'S T 'S— COPY TO SIGNED: If enclosures are not as noted, kindly notify us I r ' , �� - - � . -, ,' � � ,�. � � ' .r' _. ( 3« .-� ...,. w .. '�t Jam" `cam' _ ti _.... r .. �" r,` -• .. ti � ' .... {"''; .. -�-_. ter.. .---- -. .r. r� ,c � t �''r_..' J� .'y�_ '1 ...++_. r' y -r - .. _ E. DECLARATION OF RESTRICTIONS THE FOREST AT BELVEDERE PLAN`I'AT[ON PHASE 6 STATE OF NORTH CAROLINA COUNTY OF PENDER THIS DECLARATION OF RESTRICTIONS, THE 1-"OIZES'1' A'1' 133---LVI---DERE PLANTATION PHASE 6, (hereinafter called the "Declaration"), made this the day of , 2002, by and between THE FOREST AT BELVEDERE, LLC (hereinafter .called "Declarant"), and all persons, firms, entities or corporations hereinafter owning or acquiring property in the subdivision of THE FOREST AT BELVEDERE PLANTATION PHASE 6, as shown on a map recorded in the Registry of Pender County, North Carolina, in Map Book , at Page (hereinafter called the "Map") WITNESSE- TH- THAT WHEREAS, the Declarant desires to promote and preserve in the subdivision of THE- FOREST AT BELVEDERE PLANTATION PHASE 6, a residential community of high standards (hereinafter called the "Subdivision"); and WHEREAS, Declarant is the owner of all the lots (hereinafter collectively called the "Lots" or individually called a "Lot"), common areas (hereinafter called the "Common Areas")and the streets (hereinafter called the "Streets") shown on the Map of the Subdivision. NOW, '1 HEREFORE, the Declarant hereby declares that the following restrictions (hereinafter called the "Restrictions") shall apply to all Lots, Common Areas and Streets shown on the Map of the Subdivision, and said Restrictions shall be binding on all parties claiming by, through, or under the Declarant (said parties hereinafter called "Owners" as to Owners of the Lots and the "Corporation", as hereinafter defined, as to the Owner of the Common Areas and Streets located within the Subdivision), and shall constitute covenants running with the land until 20_, at which time the Restrictions shall continue for an additional period of twenty-five (25) years, unless changed, altered or amended in full or in part by affirmative vote or written agreement executed by at least sixty-seven percent (67%) of the owners of the Lots and by Declarant, its successors or assigns, which instrument is recorded in the office of the Register of Deeds of Pender County and noted on the margin of the Restrictions, if possible. No such amendment shall affect the rights of Declarant, its successors or assigns, unless Declarant, its successors or assigns, joins in the execution of the amendment. The foregoing notwithstanding, the provisions of Paragraph 14 hereof may not be amended without the express written consent of the State of North Carolina, Division of Water Quality. All Lots shall be used for single family residential purposes only and no dwelling; shall be erected on any Lot other than one detached single family dwelling not to exceed 2 two and one-half stories in height, and a one, two, or three car garage. No permitted garage shall be utilized for living quarters. No trailer, tent, mobile home, or other structure of a temporary character shall be placed on any Lot. All buildings shall be of wood, stone, brick, brick veneer, stucco, masonite, or vinyl siding. Any other materials must be approved by Declarant. 2. No building shall be erected nearer to the front lot line, or side lot line, or rear lot line than the setback lines shown on the Map. No dwelling erected on any Lot shown on the Map shall have less than square feet of enclosed dwelling area. The term "enclosed dwelling area" as used herein shall be the total finished/heated area within the dwelling; provided, however, that such term does not include garages, terraces, decks, porches and other unheated areas. 4. No Lot shall be re -subdivided in such a manner as to create a re -subdivided Lot or a portion of a Lot having less than 6,000 square feet. Nothing herein shall prevent a redivision which shall increase the square footage of a Lot used for the erection of a detached single family dwelling as hereinbefore defined. 5. No dwelling, building, fence or other above ground structure shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, 3 height, materials and location ofthe same shall have been submitted to and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by Declarant or by an architectural committee (hereinafter called the "Committee") composed of three (3) representatives appointed by Declarant. In the event that the Declarant or the 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 shall be deemed to have been given. Neither the Declarant nor the Committee shall be liable for violations of applicable governmental regulations or any covenants and restrictions relating to impervious areas rising from or resulting from defective plans or specifications. The Declarant may elect to serve as the Committee so long as Declarant shall own any Lot within the Subdivision subject to the Restrictions. At such time as Declarant no longer owns any Lot within the Subdivision or Declarant transfers its right to serve as the Committee to the Corporation as provided herein, whichever is the earlier to occur, thereafter the Committee shall be appointed by the Corporation, as hereinafter defined, pursuant to these Restrictions, the Articles and the Bylaws, as the latter two terms are hereinafter defined. 6. 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. Unsightly, inoperative junk cars 4 and like eyesores cannot be maintained on any Lot either prior to or after a dwelling has been erected on said Lot or on any Street located in the Subdivision and any such automobiles may be removed by the Declarant or the Corporation at the Lot Owner's expense. 7. There shall not be placed or used on any Lot any of the following structures: trailer, mobile home (including a multiple -wide mobile home), tent, shack, garage apartment, barn, any other out building or any such structure ofa permanent or temporary character. All buildings, structures and their appurtenances located on a Lot shall be maintained in a suitable state of repair, and in the event of destruction by fire or other casualty, the Lot is to be cleared and debris removed within ninety (90) days from date of such casualty. 9. 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 Lot 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 or the Committee. Animals, when not housed, shall be on a leash at all times. 10. No Lot 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 Lot, except in sanitary containers. 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 of said Lot thereof shall generally landscape the Lot so as to be in keeping with the yards of the Owner's neighbors. The front yard areas of all Lots shall be generally smoothed and sodded at all street fronts and all Stormwater Management Facilities, as hereinafter del ined, located on a Lot shall be maintained by the Owner of'such Lot in compliance with North Carolina State Stormwater Management Permit Number SW8020608 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the Subdivision by Declarant as provided herein (hereinafter collectively called the "Permit"). ]'here shall be no mass clearing or stripping of trees from any Lot without the prior written consent of the Declarant or the Committee. 11. No fence shall be erected on any Lot nearer the front property or lot line than the rear corners of the dwelling erected on said Lot, and all fences erected on any Lot shall not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition. No fence or structure of any kind shall be placed within utility and drainage casements shown on the Map or upon any Stormwater Management Facility except as permitted by the Permit. 6 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 prior written consent for the same is obtained from the Declarant or the Committee, or unless the same is properly stored in an enclosed area such that no part of'such vehicle is visible to anyone from the Streets located in the Subdivision. 13. Any and all erosion from a Lot occurring as the result of any construction on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the occupancy of said dwelling by the Owner of the Lot or as required by any applicable law, regulation, rule or ordinance. 14. The maximum allowable "built -upon area" on any Lot in the Subdivision is 3,500 square feet. "Built -Upon Area" includes any 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. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited by any persons. A thirty (30) toot wide vegetated buffer between all impervious areas and 7 surface waters shall be maintained on each Lot. All roof drains shall terminate at least thirty (30) feet from the mean highwater mark of any surface waters. The covenants set forth in this Paragraph 14 are intended to ensure ongoing compliance with State Stormwater Management Permit No. SW8020608 as issued by the Division of Water Quality under NCAC 21-1.1000 and any amendments, additions or replacements thereof, or any such permit obtained by Declarant and relating to property annexed into the ,Subdivision by Declarant as provided herein (the "Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this Paragraph 14 to the extent necessary to maintain compliance with the Permit. The covenants set forth in this Paragraph 14 pertaining to stormwater may not be altered 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 stormwater plan for the Subdivision may not take place without the concurrence of the State. 15. The utility and drainage easements and all Stormwater Maintenance Facilities located on each Lot and all improvements in said easement areas shall be maintained continuously by the Owner of said Lot except for those improvements for which a public authority or utility company is responsible. In the event the Owner of a Lot shall damage or through negligent failure to act allow damage to occur to any drainage or utility easement or Stormwater Management Facilities located in the Subdivision, the Owner of said Lot shall be responsible and liable for the repair or replacement of said drainage or utility easement or the Stormwater Management Facilities as provided in these Restrictions, from and after the time the Permit is transferred to the Corporation, Declarant shall have no responsibility for maintaining any drainage casements or Stormwater Management Facilities in the Subdivision except drainage easements or Stormwater Management Facilities located on Lots owned by Declarant. Within the drainage and utility casements set forth in these Restrictions or shown on the Map, no structure, fencing, 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 or violate the provisions of the Permit. 16. It shall be the obligation of the Owner of any Lot in the Subdivision to provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on said Lot as said driveway crosses the ditch or swale line at the front of the Lot in order that the natural flow of drainage will not be at any time blocked along the street. The culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. In no instance shall said drainage pipe be less than 15 inches in diameter. This pipe shall be installed prior to the construction of any dwelling on a Lot. The foregoing provisions of this Paragraph 16 notwithstanding, all such culverts or drain pipes shall comply with the Permit. i!j 17. Motor vehicles without current and valid licenses and inspections shall not be permitted to remain on any Lot or any Streets within the Subdivision. Motor vehicles utilized for commercial purposes shall not be permitted upon any Lot or upon the Streets within the Subdivision except during the construction of residential dwellings upon the Lots and for the delivery of goods and services to the residential dwellings located upon the Lots. 18. Except as provided in Paragraph 19 hereof, no signs of any type or description shall be placed on or displayed on a Lot or the improvements thereon except signs advertising the property as being for sale, which signs shall not exceed six (6) square feet in size. 19. Declarant hereby reserves to itself, its successors and assigns, a nonexclusive blanket easement over, across, under and upon the Common Areas, the Streets, all drainage and utility easements set forth in these Restrictions or shown on the Map and the areas of the Subdivision shown and depicted as on the Map for all purposes reasonably related to the development and completion of improvements within the Subdivision or any property subsequently annexed into the Subdivision by Declarant as provided herein, including, but not limited to, the installation of utilities and the placement of signs identifying Lots for sale by Declarant, its successors or assigns. H 20. Declarant hereby reserves unto itself, its successors and assigns, the right to grant franchises and casements for providing; water service to Lots in the Subdivision. When and if such franchises and easements are granted, water service shall be furnished only by the franchisee or licensee of Declarant and no well of any kind shall be maintained or used for any purpose without the prior written consent of the franchisee or licensee of Declarant. 21. Declarant hereby reserves unto itself, its successors and assigns, an easement and right to locate wells, pumping; stations, and tanks within the Subdivision, including upon any Lot, so long as the exercise of this easement and right does not materially affect the appearance of the Lot involved. This reservation shall not be construed as imposing any obligation on Declarant to provide any utility or service. 22. Declarant hereby reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right, over, across, under and upon the rear ten (10) feet of each Lot, the front 10 feet of each Lot, 10 feet along one side of each Lot and such other easement areas as are shown on the Map to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone, TV cable facility, data transmission, gas, sewer, water or other public conveniences or utilities. The casements and rights herein reserved expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action which Declarant determines, in its sole discretion, is reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health,- safety and appearance. 23. Declarant or the Corporation may cut drainways for surface water wherever and whenever such action may appear, in the sole discretion of Declarant or the Corporation, to be necessary in order to maintain reasonable standards of health, safety and maintenance of a neat and wholesome appearance or to comply with the Permit. All such drainways shall be constructed, installed and maintained in compliance with the Permit. The easements and rights herein reserved expressly include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action which Declarant or the Corporation determines, in their sole discretion, is reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. 24. The Common Areas shown on the Map, including the Stormwater Management Facilities located thereon, and the Streets shown on the Map, shall be owned, maintained, repaired and replaced, and the Stormwater Management Facilities located upon Lots shall be overseen, supervised, maintained, repaired and replaced pursuant to the provisions of this Paragraph 24. 12 a. A corporation named The Forest at Belvedere Plantation Phase G Home Owners Association, Inc. (the "Corporation") has been or will be formed at the direction of Declarant pursuant to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an association of the Owners of Lots located in the Subdivision. The Corporation's purpose is to: (1) accept the transfer of the Permit from Declarant and take all actions and pay all fees required to effect such transfer of the Permit from the Declarant to the Corporation and thereafter to oversee, inspect, manage and, when necessary pursuant to these Restrictions, repair and replace all Stormwater Management Facilities located on individually owned lots; (ii) enforce each Lot Owner's obligations with respect to the Stormwater Management Facilities pursuant to the Restrictions; (iii) enforce the provisions of the Permit; (iv) accept the conveyance of the Common Areas located in the Subdivision from the Declarant and thereafter oversee, inspect, maintain, repair and replace said Common Areas including the Stormwater Management Facilities located thereon; and (v) accept the conveyance of the Streets located in the Subdivision from the Declarant and thereafter oversee, inspect, maintain, repair and replace each such Street until such time, if ever, said Street is accepted for public maintenance by the North Carolina Department of'fransportation or another authorized governmental entity. 13 b. "Stormwater Management Facilities" or "Slornnwater Management Facility" as those terms are used in these Restrictions shall mean all areas consisting of ditches, swales, Stormwater retention ponds and any other improvement located in the Subdivision constructed pursuant to the Permit. Mach Owner of a Lot within the Subdivision shall be a member of the Corporation. The Declarant, by this Declaration, and the Owners ofeach Lot, by their acceptance of a deed thereto (whether or not it shall be so expressed in such deed), hereby covenant and agree with respect to the Corporation: (i) that for so long as each is an Owner of a Lot within the Subdivision, each will perform all acts necessary to remain in good and current standing as a member of the Corporation; and (ii) that any unpaid assessment or other charges, of whatever nature, levied by the Corporation in accordance with these Restrictions, the Articles of Incorporation (hercinafier called the "Articles") or the Bylaws (hereinafter called the "Bylaws") of the Corporation shall, subject to the provisions of Paragraph 24(y) hereof,. be a lien upon the Lot upon which such assessment or charge was levied or the Lot of the Owner against whom such assessment or charge was levied. Furthermore, each such assessment or charge shall also be the personal obligation of the Owner or Owners of the Lot at the time when the assessment or charges became due. The personal obligation for delinquent assessments or charges shall not pass to a successor in title to a Lot unless expressly assumed by said successor in title, but, 14 subject to the provisions of this Declaration, delinquent assessments and charges shall continue to be a lien upon such Lot. d. Upon acquiring title to a Lot, each new Owner shall immediately give written notice to the Corporation stating the name and address of such new Owner and the Lot acquired by such new Owner. if the new Owner fails to give the Corporation such notice within thirty (30) days of acquiring title to such Lot, then the costs of locating such new Owner and reasonable record keeping costs incurred by the Corporation may be assessed against such Owner and such assessment shall become a lien upon said Owner's Lot pursuant to the provisions of Paragraph 24(c) hereof.. C. The books and all supporting documentation, the Declaration, the Articles, the Bylaws, and all amendments thereto shall be available for examination by all Lot Owners, their lenders or their lenders' agents during normal business hours at the principal office of the Corporation. Each membership in the Corporation shall relate to and have a unity of interest with an individual Lot which may not be separated from the ownership of said Lot. g. The Corporation shall have one class of members. The members shall be all Owners of a Lot, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one person holds an interest in any Lot, all such persons shall be members; however, the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote or any fraction of vote be cast with respect to any Lot. h. Declarant shall, at its sole cost and expense, initially construct all Stormwater Management Facilities required to be located in the Subdivision or upon any property annexed into the Subdivision by Declarant as provided herein, to the standards required by the Permit. Upon completion of the initial construction of said Stormwater Management Facilities and any Stormwater Management Facilities located upon property which is annexed into the Subdivision by Declarant, Declarant shall then transfer the Pcrmit to the Corporation, the Corporation shall accept the transfer of the Permit from Declarant and the Corporation shall take all actions and pay all fees required to complete the transfer of the Permit from Declarant. Thereafter, the oversight, supervision, management and administration of the Permit shall be the sole responsibility of the Corporation. The Corporation's duties with regard to the Permit shall be carried out in accordance with the terms and conditions of these Restrictions, the Articles, the Bylaws and the Permit. The Corporation hereby is granted and conveyed an easement over, across, under and upon each Lot for the purpose of access to and oversight, inspection, 16 maintenance, repair and replacement of all Stormwatcr Management Facilities located upon each Lot. Declarant shall, at its sole cost and expense, initially construct all Common Areas shown on the Map and shall construct the Stormwater Management Facilities located thereon to the standards required by the Permit. Declarant shall, simultaneously with the conveyance of'Strects as hereinafter provided, convey the Common Areas to the Corporation in f ec simple released from any encumbrances securing the repayment of monetary obligations incurred by Declarant, but subject to all casements and other encumbrances appearing on the public records including those created by the Declaration and these Restrictions. The Corporation shall accept the conveyance of the Common Areas from Declarant. Thereafter, the ownership, supervision, management, repair and replacement of the Common Areas and the Stormwater Management Facilities located thereon shall be the sole responsibility of the Corporation. The Corporation's duties with regard to the Common Areas and the Stormwater Management Facilities located thereon shall be carried out in accordance with the terms and conditions of these Restrictions, the Articles, the Bylaws and the Permit. j. Declarant shall, at its sole cost and expense, initially construct each Street located in the Subdivision and shown on the Map to the standards required for acceptance of said Street for public maintenance and repair by the North Carolina Department of 17 Transportation (hereinafter called the "Standards"). Declarant shall, simultaneously with the conveyance of Common Areas, convey to the Corporation each such Street as has not theretofore been accepted for public maintenance and repair by the North Carolina Department of Transportation or another authorized governmental entity, in fee simple released from any encumbrances securing the repayment of monetary obligations incurred by Declarant, but subject to all easements and other encumbrances appearing on the public records including those created by the Declaration and these Restrictions. The Corporation shall accept the conveyance of each Street from Declarant. From and after the date of completion of the construction of each Street until the conveyance of said Street by Declarant to the Corporation, Declarant, at Declarant's sole cost and expense, shall maintain each Street to the Standards. From and after the conveyance of each Street by Declarant to the Corporation, the Corporation shall be responsible for the maintenance and repair of each Street to the Standards. The expenses ofthe Corporation shall include: i. All amounts expended by the Corporation as a result of its ownership, oversight, supervision, management, administration, repair, replacement and insuring; of the Common Areas and Streets owned by the Corporation; ii. All amounts expended by the Corporation as the transferee of the Permit and the oversight, supervision, administration, management, repair and replacement 18 of all Stormwater Management Facilities located within the Subdivision and upon any property hereafter annexed by Declarant into the Subdivision, as required by these Restrictions; iii. All amounts expended by the Corporation in enforcing the provisions of these Restrictions and the Permit with respect to the Stormwater Management Facilities located upon individual Lots; iv. All amounts expended by the Corporation in legal, engineering or architectural fees and all similar fees which may be incurred by the Corporation from time to time in performing the functions delegated to the Corporation by these Restrictions. V. All amounts expended by the Corporation in carrying out any duty or discretion as may be required or allowed by these Restrictions, the Articles, or the Bylaws. and charges upon the Lots: The Corporation is authorized to impose the following assessments General Annual Assessments may be levied against Lots and shall be used exclusively to: (i) oversee, inspect, maintain and repair the Common Areas, including the Stormwater Management Facilities located thereon; (ii) oversee, inspect, maintain and repair Azalea Drive as shown on the Map until such time as the maintenance and repair of Azalea Drive is assumed by the North Carolina Department of Transportation or other authorized 19 governmental entity; (iii) enforce the provisions of these Restrictions relating; to the Stormwater Management Facilities and the Permit; and (iv) pay the general expenses of the Corporation. General Annual Assessments shall be fixed at a uniform rate for all Lots. ii. General Special Assessments may be levied against Lots for the limited purpose of providing funds to pay the expenses for which the General Annual Assessment is levied pursuant to the provisions of Paragraph 24(1)(1) above and which expenses exceed the General Annual Assessment funds then on hand to pay same and to provide a contingency fund for capital improvements and extraordinary expenses other than capital improvements. General Special Assessments shall be levied by the Corporation in the following; manner: the Corporation shall give written notice of any proposed General Special Assessment to the Owners of all Lots specifying the amount of the proposed General Special Assessment and the reasons therefore, which notice shall provide for a special meeting of the Owners of all Lots, the sole purpose of said meeting to be to vote upon said proposed General Special Assessment. At the special meeting; held for that sole purpose, said General Special Assessment must be approved by a majority vote of the Directors and a majority vote of the Owners of Lots who are voting in person or by proxy. hollowing the approval of said General Special Assessment as herein specified, the Corporation shall give notice to the Owners of ail Lots of 20 said assessment and establish the date upon which said General Special Assessment shall be due and payable. General Special Assessments shall be levied at a uniform rate for all Lots. iii. Access Street Annual Assessments may be levied against the Lots set forth below for the purpose of maintaining, repairing, replacing and insuring fainted Bunting Court, Phoebe Court, Kiskadee Court and Gray Jay Court as shown on the Map (hereinafter referred to as the "Access Streets") and which serve the following numbered Lots: 39, 40, 41, 42, 43, 44, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 and 80 as shown on the Map (hereinafter referred to as the "Access Street Lots"). In addition to General Annual Assessments and General Special Assessments and other charges imposed upon all the Lots or Owners of Lots in the Subdivision, the Access Street Lots may have assessed against them by the Corporation an Access Street Annual Assessment which shall be based on the funds estimated by the Corporation which will be required for the repair, maintenance and replacement of the Access Streets. Access Street Annual Assessments shall be levied at a uniform rate for all Access Street Lots. iv. Access Street Special Assessments may be levied against Access Street Lots for the limited purpose ofproviding funds to pay for the maintenance and repair of the Access Streets which exceed the Access Street Annual Assessment funds then on hand to pay same and to provide a contingency fund for capital improvements and extraordinary 21 expenses other than capital improvements in regard to the Access Streets. Access Street Special Assessments shall be levied by the Corporation in the following manner: the Corporation shall give written notice of any proposed Access Street Special Assessment to the Owners of Access Street Lots specifying the amount of the proposed Access Street Special Assessment and the reasons therefore, which notice shall provide for a special meeting of the Owners of the Access Street Lots, the sole purpose of said meeting to be to vote upon said proposed Access Street Special Assessment. At the special meeting held for that sole purpose; said Access Street Special Assessment must be approved by a majority vote of the votes actually cast in person or by proxy of the Owners of the Access Street Lots. following the approval of said Access Street Special Assessment as herein specified, the Corporation shall give notice to the Owners of the Access Street Lots of said assessment and establish the date upon which said Access Street Special Assessment shall be due and payable. Access Street Special Assessments shall be levied at a uniform rate for all Access Street Lots. V. The Corporation shall have the right to impose charges for the use of the Common Areas for uses other than stormwater management. vi. If the Corporation determines that certain expenses were necessitated by the negligence, misuse or neglect of any Owner of a Lot, in addition to all other 22 remedies at law and in equity available to the Corporation, the Corporation may, after notice to said Owner, assess such expenses against such Owner and such assessment shall become a lien upon said Owner's Lot pursuant to the provisions of Paragraph24(c) hereof. vii. Any other charges which may be assessed against an Owner pursuant to these Restrictions. In addition to all other remedies at law and in equity available to the Corporation for the collection of such charges, the Corporation may, after notice to said Owner, assess such expenses against such Owner and such assessment shall become a lien upon said Owner's Lot pursuant to the provisions of Paragraph 24(c) hereof. m. The Annual General Assessment and the Access Street Annual Assessment provided for herein shall commence as to all Lots subject thereto on the first day following the conveyance by Declarant of the Common Areas and Streets to the Corporation. The first Annual General Assessment shall be One Hundred Dollars ($100.00) and the first Access Street Annual Assessment shall be Fifty Dollars ($50.00). The above assessments shall cover the period commencing; upon the date of the conveyance by Declarant of the Common Areas and the Access Streets to the Corporation and ending on the last day of the first full fiscal year of the Corporation. n. The fiscal year of the Corporation shall be the calendar year. The Annual General Assessment and Access Street Annual Assessment shall be assessed for each 23 calendar year thereafter and shall be payable annually, with the due date for such payments being as established by the Board of Directors. The payment of any assessment or installment thereof shall be in default if such assessment or installment is not paid to the Corporation within ten (10) days of the due date f or such payment. When in default, the delinquent assessment shall bear interest at the rate of ten percent (10%) per annum until such delinquent assessment and all interest due thereon has been paid in full. o. From and after the first day of the first full fiscal year of the Corporation, the Annual General Assessment and the Access Street Annual Assessment may be increased upon the vote of a majority of the Board of' Directors of the Corporation by no more than ten percent (10%) of the Annual General Assessment or the Access Street Annual Assessment, as the case may be, for the preceding year. P. Any increase of the Annual General Assessment or the Access Street Annual Assessment exceeding ten percent (10%) of the Annual General Assessment or the Access Street Annual Assessment, as the case may he, for the preceding year must be approved by the Owners of at least hvo-thirds (213) of the Lots subject to said assessment who are voting in person or by proxy at a special meeting called solely for this purpose. 24 y. Once the Annual General Assessment or Access Street Annual Assessment has been set, notice of the Annual General Assessment and the Access Street Annual Assessment shall be given to all Lot Owners subject to said assessments. It is provided, however, that no Owner is relieved from the obligation to pay the applicable assessment because of failure to give such notice. After the initial notice of the applicable assessment, no bills for such assessment will be forwarded to any Owner but such assessment thereafter shall become due and payable as provided by the Board of Directors. The Corporation shall maintain the Access Streets Annual Assessments and the Access Streets Special Assessments in an account separate from all other funds of the Corporation. Any other provision of these Restrictions, the Articles and the Bylaws notwithstanding, said Access Street Annual Assessments and Access Street Special Assessments may be expended by the Corporation solely for the purpose of maintenance and repair of the Access Streets. s. From and after the time, if ever, any Access Street is accepted for public maintenance by the North Carolina Department of "Transportation or another governmental entity, said Access Street shall cease to be an Access Street as that term is used in these Restrictions, and the Access Street Lots contiguous to said Access Street shall cease to be Access Street Lots as that term is used in these Restrictions, and thereafter shall not be subject to the 25 Access Street Annual Assessment or Access Street Special Assessment. However, all such Access Street Annual Assessments or Access Street Special Assessments previously paid to the Corporation by the Owners of such Lots shall remain the property of the Corporation for use in maintaining, repairing, replacing and insuring the remaining Access Streets. From and after the time, if ever, the last Access Street is accepted for public maintenance by the North Carolina Department ofTransportation or another governmental entity, all Access Street assessment funds of the Corporation, including any past due assessments subsequently collected, shall become general funds of the Corporation available for any proper purpose under these Restrictions, the Articles or the Bylaws. t. The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Corporation setting forth whether the assessments or charges levied against and constituting a lien upon a specified Lot have been paid. A properly executed certificate of the Corporation as to the status of assessments or charges upon on a Lot shall be binding upon the Corporation as of the date of its issuance. U. As provided in the Bylaws, and subject to the restrictions and limitations provided herein, the Board of Directors shall establish an Annual Budget at least sixty (60) days before the beginning of each fiscal year of the Corporation. The Annual Budget shall project all expenses for the lorthcoming fiscal year which may be required for the proper 26 operation, management and maintenance of the Corporation, the Common Areas, including the Stormwater Management facilities located thereon, and the Streets, including a reasonable allowance for contingencies, reserves and the purchase of such casualty and liability insurance as the Board of Directors, in its discretion, deems appropriate. The Annual Budget shall state separately the projection of expenses of the Corporation for the Access Streets. The Annual Budget shall take into account any projected or anticipated income. Upon adoption of the Annual Budget by the Board of Directors and at least thirty (30) days before the beginning of each fiscal year ofthe Corporation, copies of the Annual Budget shall be delivered to each Owner together with a statement of the assessment or assessments for each Lot as provided herein, based upon such Annual Budget; however, the non -delivery of a copy of the Annual Budget shall not affect the liability of any Owner for such assessment or assessments. The Annual Budget, not including projected expenses for the Access Streets, shall be divided by the number of Lots subject to the Annual General Assessment at the time of the annual meeting of the members and the quotient shall be the Annual General Assessment per Lot for the succeeding; fiscal year. The projected expenses for the Access Streets shall be divided by the number of Access Street Lots at the time of the annual meeting of the members and the quotient shal I be the Access Street Annual Assessment per Lot for the succeeding fiscal year. 27 V. The failure or delay of the Corporation to prepare or adopt an Annual Budget for any fiscal year shall not constitute a waiver or release in any manner of an Owner's obligation to pay the allocable share of the expenses ofthe Corporation as herein provided whenever the same shall be determined. In the absence of any Annual Budget, each Owner shall continue to pay assessments at the rate established for the previous fiscal year until notified by the Corporation of the new payment and the due date of said new payment as determined by the Corporation, which due date shall be not less than thirty (30) days after the Owner receives notice of such new Annual Budget. W. All monies collected by the Corporation shall be treated as the separate property of the Corporation and such monies may be applied by the Corporation to the payment of any expense (subject to the restriction on the use of Access Street assessments as provided herein) of operating and managing the Corporation or the proper undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws. As monies for any assessment or other charges are paid into the Corporation by any Owner, the same may be commingled with monies paid to the Corporation by the other Owners (subject to the restriction on the segregation of Access Street assessments from other monies of the Corporation as provided herein). Although all funds and any increments thereto or profits derived therefrom shall be held for the benefit of the members of the Corporation, no member of the Corporation 28 shall have the right to assign, hypothecate, pledge or in any manner transfer said Owner's membership interest therein, except as an appurtenance of said Owner's Lot. When the Owner of a Lot shall cease to be a member of the Corporation by reason of said Owner's divestment of ownership of such Lot, by whatever means, the Corporation shall not be required to account to such Owner for any share of the fund or assets of the Corporation, including any monies which said Owner may have paid to the Corporation, as all monies which any Owner has paid to the Corporation shall be and constitute an asset of the Corporation which may be used in the operation and management of the Corporation. X. Written notice of any meeting called for the purpose of taking any action requiring; a meeting; of all members or all members who are Access Street Lot Owners shall be sent to all members or all members who are Access Street Lot Owners, as the case may be, not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast thirty percent (30%) of the votes of all members or all members who are Access Street Lot Owners, as the case may be, 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 (%) of the required quorum at the preceding meeting. No 29 such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Y. Any Annual General Assessment, General Special Assessment, Access Street Annual Assessment or Access Street Special Assessment, or other charges assessed against a Lot or the Owner of a Lot pursuant to these Restrictions, if not paid within thirty (30) days after the date such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court costs, and reasonable attorneys' fees shall constitute a lien against the Lot upon which such assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of Superior Court of Pender County or file a suit to collect such delinquent assessments and charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the Property. Except as provided below, the sale or transfer of any Lot shall not affect the assessment lien, however, no Owner shall be liable for the payment of any assessment imposed subsequent to the date of recordation of a conveyance by such Owner in fee of' such Lot. Prior to or at the time of any such conveyance, all liens, unpaid charges and assessments shall be paid in full and discharged. Any other provision of these Restrictions notwithstanding, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu therefor, shall extinguish the lien of such assessments and charges as to 30 payments which became due prior to such sale or transfer; provided, however, that if the proceeds of a foreclosure exceed the total amount due to the mortgagee, the excess shall first be paid to the Corporation and applied to the satisfaction of the lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. 25. Nothing contained herein shall be construed as a dedication to public use of any Common Areas located in the Subdivision and shown on the Map, nor shall it be construed to prevent the Corporation from permitting public access to or use of any such Common Areas. 26. The Declarant, by written and recorded instrument specifically referring to this Declaration may, but is not required to, transfer to the Corporation or to a subsequent owner of property now owned or acquired by Declarant in the Subdivision or adjacent to the Subdivision, any of the rights herein reserved by Declarant. 27. The Declarant or the Corporation with the written consent of the Declarant, may allow reasonable variances and adjustments of these Restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the provisions contained herein; provided, however, that such is done in conformity with the intent and purpose of the general development scheme, that in every instance such variance or 31 adjustment will not be materially detrimental or injurious to other property or improvements in the Subdivision and that in each instance such variance or adjustment complies with the requirements of the Permit. Any such variance shall be recorded in the office of the Register of Deeds of' Pender County. 28. The owner of any Lot subject to these Restrictions, by acceptance of -a deed conveying title thereto, accepts such deed subject to each and all of these Restrictions and agreements herein contained, and subject to the jurisdiction, rights and powers of the Corporation. The owner of any Lot subject to these Restrictions, by acceptance of a deed conveying title thereto, shall for said owner, said owner's heirs, personal representatives, successors and assigns, covenant, consent and agree to and with the Corporation, the Declarant and the owners and subsequent owners of each of the Lots within the Subdivision, to keep, observe, comply with and perform said Restrictions and agreements. In the case of failure of a Lol owner to comply with the terms and provisions contained in these Restrictions, the Articles or the Bylaws of the Corporation, the following relief shall be available: a. The Declarant (whether or not the Declarant is the owner of any Lot), the Corporation, any Lot owner and any party to whose benefit these Restrictions inure, including, but not limited to the State of North Carolina or its assignees with respect to the provisions of Paragraph 14 hereof, may proceed at law and in equity to prevent the violation of 32 any of these Restrictions, the Articles and Bylaws and also recover damages for such violation and the court in any such action may award the successful party said party's reasonable expenses and costs in prosecuting such action, including reasonable attorney's fees. b. The remedies hereby specified are cumulative and this specification of them shall not be taken to preclude an aggrieved party's resort to any other remedy at law, in equity or under any statute. No delay or failure on the part of the Corporation, the Declarant or an aggrieved party to invoke an available remedy with respect to a violation of any of these Restrictions, the Articles and Bylaws shall be held to be a waiver by that party of (or an estoppel of that party to assert) any right available to that party upon the reoccurrence or continuation of said violation or the occurrence of a different violation. 29. The owner of any Lot subject to these Restrictions, by acceptance of a deed conveying title thereto, agrees to assume, as against the Corporation and the Declarant, their successors or assigns, all the risks and hazards of ownership or occupancy attendant to such Lot. 30. Declarant shall have the right, but not the obligation, to annex additional property into the Subdivision upon such terms as Declarant, in its sole discretion, determines. From and after the date of such annexation, the annexed property shall be subject to these Restrictions and the jurisdiction of the Corporation and the Owners of Lots located on the annexed property shall be members of the Corporation. 33 31. Invalidation of any one or more of these covenants by judgment or court order shall not be deemed to affect any of the other provisions which shall remain in full force and effect. IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be executed in such a manner as to be binding. THE FOREST AT BELVEDERE, LLC (SEAL) By: Scott 1-1. Cook, Manager/Member 34 EA I-,) STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public in and for said County and State, do hereby certify that SCOTT 1-I. COOK before me this day personally appeared, who being by me first duly sworn, says that he is a member/manager of THE FOREST AT 1317-�LV17]DERE, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal; this the day of 2002. My Commission Expires: Notary Public Notary seal or stamp must appear within above box. 35 STATE OI= NORTI-I CAROLINA COUNTY OF PE'NDER The foregoing certificate of a Notary Public of said County and State, is certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Pender County, North Carolina, in Book , Page 'hhis day of , 2002, at o'clock M. 000293-0001 N 13 MA I N1Decl arat. W I'D 36 Register of Deeds STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 ERFE-September5,2002NCDENRattn. Linda Lewis 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: Stormwater Project SW8 02o6o8, The Forest at Belvedere Phase 6, Request for Additional Information dated August 6, 2002 Dear Linda, Pursuant the aforementioned correspondence I am resubmitting revised plan sheets 1-4, revised application and Supplement forms, and also Addendum to the Calculations for the subject development. 1 would like to address the numbered deficiencies in the order that they were noted. 1. There were no previously filled wetlands. The Corps permit was a Tear Sheet" Nationwide 26 issued by Mickey Suggs for o.64 acres of impacts on 1114/97 with no action ID number. There was also a 401 Water Quality Certification issued as DWQ Project # 0748 for these same proposed impacts. The impacts were for the work ongoing since issuance of the permit on North Belvedere Drive and also those presently proposed on Azalea Dr. The wetland line on the plan has been made more conspicuous and is correctly indicated in the Legend (see sheet 1 of 4). There are no infiltration systems proposed in any wetlands as originally delineated and approved. 2. The access and drainage easements are now properly indicated and dimensioned (see sheet 1 of 4). 3. Additional grading and drainage direction arrows have now been added to sheet 1 indicating all drainage from impervious surfaces routed to the infiltration systems. Numerous notes have also been added to the same sheet which specify the same. 4. Grading is now indicated on sheet i for the townhome area. 5. The major highways have now been identified on the Vicinity Map on sheet 1. 6. A copy of the Draft restrictions is included at the rear of the addendum. 7. The swales are now numbered on sheet 1 and the swale symbol is identified in the legend on the same sheet. Supporting calculations for the swales are provided in the Addendum. 8. The inverts for all flared end sections are now indicated on sheet 1. A drainage structure schedule is provided on the top left corner of the same sheet. A pipe schedule is provided at the center bottom of this same sheet as well. 9. PIan sheet 4 now delineates all drainage areas for both basins and pipes. 10. The area between lots 83 and 84 is now included in the drainage area for the new basin 4C (see sheet 4 of the plans). This area is not proposed for paving as a part of this project. 11. You were correct about the building area contributory to Basin 6. This area is now correct on the revised application and the basin resized accordingly in the Addendum then shown as such on the plans. 12. The parking lots are now dimensioned on sheet 1 of the plans. 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 13. There is now proposed for each basin a distribution trench to distribute the basin inflow evenly across the bottom of each basin. The detail for the distribution trench is provided on sheet 2 of the plans. The configuration and elevation for the trench is given most plainly on sheet 3 of the plans. 14. The area adjacent Lot 45 is to be Common Area for the development and is so indicated on sheet 1 of the plans. 15. The infiltration basin detail on sheet 2 of the plans now specifies a 3:1 sideslope minimum. 16. A bypass structure has been added to all basins which diverts the runoff in excess of the first one and one half inches to the 5o feet long vegetative filters now indicated on sheet 1. These bypass structures and the filters are further detailed on sheet 2 of the plans. 17. Sheet 3 of the plans now accurately specifies the dimensions of the bottom contour of each infiltration basin. 18. As mentioned above, all bypassed flows are directed through the newly indicated bypass structures to the vegetative filters. The filters are detailed on sheet 2 of the plans. 19. Sheet 4 of the plans shows the soil boring locations. You will find the distribution trenches for each basins to have inverts which reflect the revisions to our original soil report established seasonal high water table elevations. These revised elevations should be consistent with our determinations made at the site on the August 14 visit. 20. We have also specified on sheet i by note the soil improvements that were noted during that same visit. 21. The drainage areas on the applications and plans are now consistent. 22. No contribution for contours below the design elevation can be found in the new calculations. The basin design sheets included in the addendum should substantiate this claim. These same sheets have eliminated some unnecessary information shown originally. 23. The area for drainage basin 6 now actually includes a slight bit more impervious than is shown on the plans to account for any discrepancies. 24. The infiltration rate calculations on the basin design sheets now utilizes the lower value provided in the range. 25. Basin 4C has now been added to the plan to insure no drainge area is greater than 5 acres. The supplement form for this basin is now provided with the revised supplement forms and application included with this package. I hope that this adequately addresses all of your concerns and that a permit will be forthcoming. Please contact me by phone or email if this is not the case in hopes that any additional information needed can be provided with relatively minimal time and effort. pectfully SubmittedN .Jam H. Fentress, .Jr. PV attach ments cc Scott Cook .J H F/jf File F:\master\Pw-165\dgn\Lewis2.doc N.C. DIVISION OF.. _.WATER QUALITY. q Water Quality Section /0 Complain VEmergency Report Form WILMINGTON REGIONAL OFFICE Received 6y 1' %OL Z e(m s Date G a Time Emergency Complaint City County Report Received From 6�O[Lfn w5 c e Agency_ g�%5• _ zG2� 7&lU"Ps to gle/WtkrPhone No. Complainant Address Phone Check One: Fish Kill Spill Bypass Animal NPDES N.D. -X—Stormwater Weiland Other, Specify: Nature of Referral Time and Date Occurred Location of Area Affected Surface Waters Impacted Other Agencies Notified Investigation Details Classification Investigator Date SA WQSISHELLSWEPORT.SHL EPA Region IV (404)347-4062 Pesticides 733-3556 Emergency Management 733.3867 Wildlife Resources 733.7291 Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881 127 Cardinal Drive, Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 0 Fax 910-350-2004 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815.0775 December 3, 2002 NCDENR attn. Linda Lewis 127 Cardinal Dr. Ext. Wilmington, NC 28405 RECEIVED DEC 0 3 2002 DWQ PROD # SW 8 6Z0 (OOOq Re: Stormwater Project SW8 02o6o8, The Forest at Belvedere Phase 6, Request for Additional Information faxed and dated November 19, 2002 Dear Linda, Pursuant the aforementioned correspondence I am resubmitting revised plan sheets to & rr (originally 2 & 3 respectively). The revisions on sheet io include a detail of the bypass for basin i, the corrected name for the fourth bypass detail from the left which now reads "Bypass Structure Detail ( Basin 4C)". This is the same detail as was there prior only the name was originally shown incorrect. I have also revised the state storage elevation on the infiltration basin detail for basin 2 to be 37.88. 1 have also corrected this same elevation on sheet 11. I hope that this adequately addresses all of your concerns and that a permit will be forthcoming. Please contact me by phone or fax if this is not the case in hopes that any additional information needed can be provided with relatively minimal time and effort. espectfully Su`b�m'' ed, .lam H. Fentress,.Jr. PE attachments cc Scott Cook .1 H F/jf File F:\master\Pw-165\dgn\Lewis3.doc 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252)756-9352 (910)815-0775 (252)247-7479 STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NC 27858 (``2522) 756-9352 TO C V I Z %� Z_ WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ❑ Attached ❑ Under separate cover via ❑ Prints DATE 2- 3 n Z JOB N�� / c Y 0 7 ATTENTION RE: 3n w rE P rz2iz ��::t.��~ e%�1E, --, A o nn? U C.V V v n ❑ Plans ❑ Samples ❑ Change order ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 2 l�1��dL THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. 4Fi i STROUD ENGINEERING, P.A. 3961-A Market Street WILMINGTON, NC 28403 I L[Euvgn OIF o LJV�LJl1LJ���WL� (910) 815-0775 TO WE ARE SENDING YOU ttached DATE JDfi ATTr NTION l RE' ❑ Under separate cover via �'�^� the following items: ❑ Shop drawing ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION S b� I _ ninii 1 7007 kk THESE ARE TRANSMITTED as checked below: For approval ❑ For your use s requested Fo review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections C ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: If enclosures are not as noted, kindly not once. �.r-ter.•- t. 6 { is �� 'r i.:! c a :4-' S', � r_ t .. -.. a' _--''� V . ..,i .. ' . � .� i i? �l ..y�� f � S{, � � i �� �. . � , s�. tel.: 'r ,, .1. _ ,r•,.,_ _� ,... _. P. 1 COMMUNICATION RESULT REPORT ( NOV.19.2002 11:12AM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ------------------------------------------------------------------------------------------------- Sa2 MEMORY TX 9-8150593 OK P. 1/1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER Date: November To. Jimmy Fei Company: Stri FAX #: 815 I DWQ Stormwater Project Name: ME$SAGE: Jimmy: Please address the fol a. Please b. T amirt e E-2) BUSY E-4) NO FACSIMILE CONNECTION Michael F, Easley, Governor William G. Ross, Jr,, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek P.E., Director Dlvision of Water Quality Wilmington Regional Office FAX COVER SHEET 2002 No. of Pages: 1 ss, P.E. From: Linda Lewis Engineering Water Quality Section - Stermwater 13 FAX # 910-350-2004 Phone # 910-395-3900 ect Number: 5W8 020608 to Forest CUelvedere. Phase 6 items: Id bypass structure details for Basins 1 and 4C. sing each supplement as follows: am rlo�rti ertir.n 41.o r1Dn. — ZI,.1....Y Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Date: November 19, 2002 To: Jimmy Fentress, P.E. Company: Stroud Engineering FAX #: 815-0593 Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 020608 Project Name: The Forest @Belvedere Phase 6 MESSAGE: Jimmy: Please address the following items: Please add bypass structure details for Basins 1 and 4C. b. I am revising each supplement as follows: A! I am revising the "Basin Volume Provided" to the volume provided at the storage (weir) elevation, not the top elevation. If you were to set the weir elevations in the bypass structures to the "Top" elevations reported, then you could say that the larger volumes are provided. b. I am noting that the "Bottom" elevation is the "Trench Invert" elevation. C. I am adding the 'Bottom Plain" elevation to the supplement as the elevation at which the basin size dimensions are reported. It is confusing to use the trench invert elevation as the bottom elevation. C. There are errors in the incremental volume calculations for basins 2, 4A, 4B, 4C, and 6. The error for Basin 2 results in a deficient volume- the rest were errors in your favor, i.e., more volume actually provided than is shown. Please raise the storage elevation for Basin #2 to at least 37.88 S:1WQSISTORMWATIADDINFO\20021020608.NOV N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3964-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 GF'I�zo�oj D og February 3, 2003 FEB 0 10, NCDENR BY. attn. Linda Lewis 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: Stormwater Project SW8 02o6o8, The Forest at Belvedere Phase 6, Request for Additional Information faxed and dated January 31, 2003 Dear Linda, Pursuant the aforementioned correspondence I am submitting sealed, corrected calculations for Basin #2 to support the 37.88 storage elevation now indicated on the plans. These plans were submitted previously on December 3, 2002. I hope that this adequately addresses your concerns and that a permit will be forthcoming. Our email is again functional so please feel free in the future to contact me %ria email address jfentress@stroudengineer.com in hopes that additional information needed can be provided with relatively minimal time and effort. Respectfully SubSO4 .J m H. Fentre, attachments cc Scott Cook JHF/jf File F:\master\Pw-165\dgn\Lewis4.doc 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 I N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT COMPLAINT'/EMERGENCY REPORT FORM WILMINGTON REGIONAL OFFICE Received by: �o a�=. �`�\ Date/Time: Emergency- Coatpla- nt: �� Count\y:- - r2c"c-c�s� ��•� Report Received Prom. Q--z c-1cl- 'ti q__ P- �Z Agency: Phone No. P� Coupla;nant:lC—b ` ti a, cam• 6� ec.� T--^_!_ Address:1 � �A 5a Z C,\Q--, Phone No. Ctplain t or Inci dent : -y� a� a t��� �`•�. Time and Lute Occurred:. Location of Area Affected: Surface Waters Involved: Groundwater -Involved: Other: Other Agencies/Sections Notified: Investigation Details: Investigator: Date:_ _ ^ EPA Region IV (404)3474061 PerticUrs 733-3554 Emergency Management 733-3867 Wr7Qlife Resources 733-7291 Solid and Hazardous Waste 733.2178 Marva Fisheries 726-7021 Water Supply Branch 733-2321 U.S. Coast Guard ,LfSO 3434881 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910.395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Western (30'ils -eimiled Post Office Box 10161 Wilmington, North Carolina 28404 Tel/Fax: (910) 686-986B Consulting Environmental Scientists May 01, 2002 Mr. Pat Snoddy, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, North Carolina 28405 SUBJECT: Seasonal 1-iigh Water Table Assessment (S1-IWT) The Forest at Belvedere Plantation Site Long Leaf Drive and Azalea Drive (Proposed) Topsail Beach, North Carolina ESL Project No. 02-1 12 Dear Mr. Snoddy: RECEIVED J U N 0 5 2002 DWQ PROJ # S� go ZU (008 Eastern Soils Limited (ESL) is pleased to submit this report 1'or the subject project. The report details our field activities, observations, and estimates of the depth to the SHWT and estimates of the hydraulic conductivity of the site soils. Background At your request, we estimateded the depth to the SHWT and estimated the hydraulic conductivity (K,.,,) for six stormwater basin locations proposed for the subject site. The property is undeveloped at this time. The areas assessed were depicted on a drawing that YOU provided. The strormwater basins are numbered one through six, moving from west to east on the drawing provided. We flagged the areas in the field with orange flagging. Field Activities and Obset-vatiions Six hand auger borings were made to a depth of about 60 inches in the locations of the proposed stormwater basins. Water table and soil conditions were observed. Each stormwater basin location is discussed below. Basin1 This basin location is adjacent to an existing drainage ditch. The top 30 inches of soil appeared to be fill material. It consisted of 3 inches of dark grayish brown loamy sand over 27 inches of light olive brown loamy sand. At a depth interval of 30 to 33 inches, the sl-1WT and Soil Conditions • , The Forest, Topsail Beach, NC Pagc 2 soil was dark gray sand over 27 inches of very dark gray to dark brown loamy sand. The final 27 inches of soil appeared to be two spodic horizons. The soil was water saturated at a depth of 46 inches at the time of our visit. Basin-2 The proposed location Basin 2 is adjacent to a drainage ditch that is 4 to 5 feet deep and to the neighboring golf course. The soil in this location appeared to be 36 inches of fill over natural soil. The top 2 inches of the fill was very dark gray sand over 34 inches of very dark brown loamy sand. The loamy sand material appeared to be spodic material that had been cut from another area and deposited at the subject site. At a depth interval of 36 to 42 inches, the soil was a black organic sand. From 42 to 52 inches the soil was gray sand, and from 52 to 60 inches the soil was black sand. The final 8 inches of soil appeared to be a spodic horizon. The soil was wet at a depth of 48 inches at the time of our visit. Basin 3 Basin 3 is located adjacent to the neighboring golf course. The soil in this location was 2 inches of black sand over 6 inches of gray sand. The soil layer from 8 to 15 inches was a slightly brittle, very dark brown sand. It appeared to be a spodic horizon. From 15 to 32 inches the soil was brown to pale brown loamy sand. From 32 to 50 inches the soil was dark grayish brown over very dark grayish brown sand. The soil from 50 to 60 inches depth was dark olive brown sand. The soil was water saturated at a depth of 35 inches at the time of our visit. The proposed location of this basin is adjacent to the neighboring golf course. There is also a deep (6+/- feet) drainage ditch adjacent to and downslope from the site. The soil was 6 inches of dark gray sand over 18 inches of very dark gray and gray sand. A slightly brittle, dark brown soil layer was found at a depth interval of 24 to 36 inches. From 36 to 56 inches the soil was light olive brown to olive brown loamy sand. From 56 inches to 60 inches depth the soil was yellowish brown, gray, and brownish yellow sandy loam. The soil was moist to the depth of boring at the time of our visit. Basin 5 The proposed location of this basin is adjacent to the neighboring golf course. The survey stakes locating the property line for "The Forest" indicated that the proposed location of thi's basin is part of the fairway of the golf course. The surface 12 inches of soil at this location was dark brown over brown sand. Ffom 12 to 24 inches the soil -was light olive brown loamy sand. From 24 to 36 inches the soil was light olive brown loamy sand with olive yellow and light brownish gray mottles. The soil was light olive brown and grayish brown loamy sand from 36 to 47 inches, and dark gray and grayish brown loamy sand from 47 to 60 inches. The soil was moist to the depth of boring at the time of our visit. EASTERN SOILS LIMITED P.O. Box 10161 Wilrninglon, NC 29404 SHWT and Soil Conditions The Forest, Topsail Beach, NC Page 3 Basin 6 The proposed location of this basin is adjacent to the neighboring golf course and a condominium development. A drainage ditch and water trap are immediately adjacent to the location. The soil was 2 inches of brownish gray sand over 22 inches of very dark gray sand. From 24 to 46 inches depth the soil was very dark gray and dark gray loamy sand. From 46 inches to 60 inches the soil was olive brown sand. The soil was saturated at a depth of 30 inches at the time of our visit. Estimated -Depth to Seasonal High Water Table and Hydraulic Conductivity (K„J Estimation of the depth to the SHWT can be difficult in an area such as the subject site, where drainage improvements have been made and construction, such as the neighboring golf course, have altered drainage and water flow. The following information is estimated from onsite observations and our experience with similar sites. Basin Est. Depth. S11WT (in.) Est. Ksat in.11ir. 111 46 2-4 112 48 2-4 #3 35 4-6 114 60-I- 4-0 115 47 4-6 116 30 4-6 Coliclusions The estimated depth to the SHWT appears to be limiting at proposed basin locations 3 and 6. The depth to the SHWT and K,,,t are estimates based on our observations of the site and soils. More accurate information can be obtained by direct measurement. Thank you for allowing us to be of service to you. If you have any questions about the contents of this report or if you need further assistance, please call. Sincerely, W. R. (Bill) Dunlop, Jr., LSS NC Licensed Soil Scientist 111095 Attachment: Soil Profile Descriptions EASTERN SOILS LIMITED P.O. Box 10161 Wilmington, NC 28404 SOIL PROFILE DATA SHEET Past No. 1pz- Date Site _ rt v< of County F'�. Description By Mapping Unit Photo Remarks Profile No. Percent Slope 2_ Free Water — Erosion --- Position on Slope Vegetation Horizon Depth I Color Texture Structure Consistence Mottles Fragments Clay Films pH 30- 1v J 144 +� _ �1� 1 3 - Jo 2s , S r"Z5 - L qi - o k l a J S MA Additional Notes z Series Profile No. i- Percent Slope A -Z.— Free Water -- Erosion - Position on Slope Vegetation Horizon Depth Color Texture Structure Consistence Mottles Fragments Clay Films pH 8 ' 2 '/! 5 �S Additional Notes -S G a f r, J P ' r Series Profile No. asc, 3 Percent Slope j Z Free Water Erosion Position on Slope Vegetation Horizon Depth Color Texture Structure 'Consistence Mottles Fragments . Clay Films pH 2-� roY '� 5 DO 31 _Additional Notes )Deve3/_a s _s5 Io174-e— Series SOIL PROFILE DAT,,k SHEET Pal,e No. 2.p F Z Date of 1-9 0 L Site t County ear Description 13y jD Sr, ylapping Unit Photo Remarks Profile No. ,5". Percent Slope -t- L Free Water — ( Erosion Position on Slope Vegetation Horizon Depth Color Texture Structure Consistence Mottles Fragments Clay Films pH . t rY' M fZ, .s 1`I-3 7 .;Y4� 3 s h... 4/-e 8 2.yYs/ :5 - p I M-e 1. 7T Additional Notes _%+ti.o , « w Series Profile No. 5 Percent Slope d- -L I Free Water — Erosion Position on Slope Vegetation Horizon Depth Color Texture Structure Consistence Mottles Fragments Clay Films pH t> 4, 2-s7'-"1 ,L-]- 36-F7 25-Y / N A. Additional Notes _ ,,,� d 4Lr". u` to `J Series Profile No. ti,,w. Percent Slope d Z Free Water — Erosion Position on Slope Vegetation Horizon Depth Color Texture Structure Consistence Mottles Fragments- Clay Films pH - Z 2.T, S/i VA 71 I s it Additional Notes - S �'f N Y ae ,/ ` 3 D Series easlom OoilsPimiled Post Office Box 10161 Wilmington, North Carolina 28404 Tel/Fax: (010) 686-9W8 Consulting Environmental ScioniiMs .Il.' AX'IPP,-.O Date: May 15, 2002 TO: Mr.. Pat Snorldy, PE Stroud En. ineeriug Pay: 910-815-0593 From: W. R. (Bill) burtlop, Jr., LSS ,--? Subject: SQiI 'Types Storww:1tc';r Bassin Locations {6) `l''he Forest at Belvedere Plantatiali Topsail Beach, NC The soils obsmcd in the afea ofthe sip, proposed st:ormwater basins iirc or are typical inclusions in the FollowinC, sails scrit.s: B-WdTLI - Iblumile Basin'.') - Lco„ Basitl � - SV�.tz�Clt3riiy Bl sittA - Tytari&kritt BAS,iIL.S_ - I•' OrCStOD Rasiu 6 - Woodinot on (V,,iri,,tnt?) If you have- any c;r.�Csfivn�,, t)le asc cA_ Tbw)Ics! i Kjkg A" N flog j 7� 1; Pik yq7\r - . �. ._. . _ .`�-ti�"�'1- .:�.._:. \. .. � - yi. y f °i,��;�)' NYC AT. 4 "S to Ems ago to low, -7 A, g MAE x .......... 4P 6Wj )nz 0 moms" �ERS I MON LN - 4� L 6 V)•K: St, ARK 777 �Su), J�y PA ht Eat Wt o;5� _Rp aw . <_ Wo X, �4710 I • . . . . . . . . . . . . - , 0 F Top: �2 I N BE- R A „�.�•c\ `�.�;-� s�.�-o-�{„f� / _`( '`� �"'�,re,�s'. ,,_,•o.� �- Win' �r��"�,, .�!3ti? ' � ..�A `s' //r �,\,ice-/ f ` 754 4or 755 256 C C 1.73 257 SCALE 1 2—` 000 R0,1D CLASSIFICATION' pHMRq highv, bghi-duiy road. 1-har,-4 c- had some Apronj "An Secondal Nghway had suvace Unimpr-_:%-?.J road V 3800 N w 1tl08 3e071KO", N. 34 ° 22'30" 757 758°1 u. E / / - s 730" ROAD CLASSIFICATION Primary highway, Light -duty road, hard or hard surface ........ ...... improved surface Secondary highway, ham surface ......... ....... ..— — — Unimproved road ....... ______ T r a i I s................__...__w -- 0 Interstate Route C3 U. S. Route' O State Route N, C .Y TOPSAIL, N. C. �01-E LOCATION NW/4 TOPSAIL 15' QUADRANGLE 1\13422.5—W7737.5/7.5 1970 AMS 5452 1 NW —SERIES V842 ' IrYrll llrrl nlrl Ul_ �Cnll11 �. _-•. •.. �• .m•M• .w STROUD ENGINEERING, P.A. A[ 44�( ®p 4�Umamw' 3961-A Market Street WILMINGTON, NC 28403 ` \� ��`J 0 (910) 815-0775 `k0 TO C l7iN I" F 81_ QV/ -G r T[/ IRECEIVEE JUN 0 -5 2002 BY: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ PATE 0 JOB NO�� 165 � ATTENTION RE: r IIt 7 'z RS r �[-✓r t:F ❑ Samples the following items: ❑ Specifications COPIES DATE NO, DESCRIPTION Z vZ oN oi 00 roil THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints © For review and comment ❑ ❑ FORBIDS DUE / ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS_ COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. �tti ! -. .>-'� i €r. ,4:� •a �� -r�I i ,r .+ �. t ;f ��_ � � . .�_ �� f 1 .- - ,!..,, r • �f f 3 f` } � ,i E `l: lfr . 1 �f� r.r� ... f { y �r � r ` t�` _ r. 1 Ay l i'%t Yam+ 4.� w� •% it ��• � i i � \._ � �-.—f ��� y � ' 1 f � � � ..., , :J j`� f�\ . _ . � _ J� _. ` .! " +� i 4 L^ tir ! . . ter` r 1"` ' � ;- -� .. e y , » � ' State Stormwater Management Systems Permit No. SW8 020608 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 Mr, Scott Cook The Forest @Belvedere Phase 6 Pender County FOR THE construction, operation and maintenance of 8 infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rides'} 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 pen -nit shall be effective from the date of issuance until February 5, 2013, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS I. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 37,026 ftz, 47,612 ft2, 61,868 ft2, 66,700 ft2, 103,900 ft2 54,700 ft2, 89,370 ft2, and 72,873 ftz, respectively, of impervious area. Each basin must overflow through a 50' vegetated filter. 3. Each drainage area will be limited to the amount of built -upon area indicated on pages 3 and 4 of this permit, and per approved plans. A permit modification must be submitted and approved prior to the construction of additional built -upon area from outside of the approved drainage area. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2 Project Name: Permit Number: Location: Applicant: Mailing Address: State Stormwater Management Systems Permit No. SWS 020608 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET The Forest @Belvedere Phase 6 SW8 020608 Pender County Mr. Scott Cook, Partner The Forest at Belvedere 60 Pelican Drive Wrightsville Beach, NC 28480 Application Date: February 3, 2003 Receiving Stream/River Basin/Index #: Cape Fear I UT ICWW I CPF24 18-87-(5.5) Classification of Water Body: "SA" Basin Number: Drainage Area, acres: Onsite, ftz: Offsite, ft2: Total Impervious Surfaces, ftz: Basin Depth, feet: TSS removal efficiency: Bottom Elevation, FMSL: Permitted Storage Volume, fta: Temporary Storage Elevation, FMSL: Controlling Orifice: Type of Soil: Seasonal High Water Table Elevation: Expected Infiltration Rate, in/hr: Time to Draw Down, hours: 1 2 3 4A 2.59 3.24 3.21 3.80 2.59 3.24 3.21 3.80 0 0 0 0 37,026 47,612 61,868 66,700 2 1.88 1.3 4.5 85% (a 50' vegetated filter is required for all basins ) 35.7 36 36.7 27.5 4,871 6,251 8,039 9,140 37.71 37.88 37.97 31.98 bypass to 50' vegetated filter at storage elevation Leon, Mandarin, Foreston, Murville, Woodington 25.5 25.5 28 27.5 2 2 4 4 17.2 15.3 7.8 46.4 DIVISION OF WATER QUALITY 3 State Stormwater Management Systems Permit No. SW8 020608 PROJECT DESIGN DATA SHEET Project Name: The Forest @Belvedere Phase 6 Permit Number: SW8 020608 Location: Pender County Applicant: Mr. Scott Cook, Partner Mailing Address: The Forest at Belvedere 60 Pelican Drive Wrightsville Beach, NC 28480 Application Date: February 3, 2003 Receiving Stream/River Basin/Index #: Cape Fear / UT ICWW / CPF24 18-87-(5.5) Classification of Water Body: "SA" Basin Number: 413 4C 5 6 Drainage Area, acres: 4.60 3.65 4.90 3.42 Onsite, f1l: 4.60 3.65 490 3.42 Offsite, ft2: 0 0 0 0 Total Impervious Surfaces, W: 103,900 54,700 89,370 72,873 Basin Depth, feet: 4.12 3.43 1.88 1 TSS removal efficiency: 85% (a 50' vegetated filter is required for all basins) Bottom Elevation, FMSL: 35.7 36 36.7 27.5 Permitted Storage Volume, ft3: 13,898 7,737 11,388 12,672 Temporary Storage Elevation, FMSL: 31.82 30.93 31.88 30.40 Controlling Orifice: bypass to 50' vegetated filter at storage elevation Type of Soil: Leon, Mandarin, Foreston, Murville, Woodington Seasonal High Water Table Elevation: 25.5 25.5 28 27.5 Expected Infiltration Rate, in/hr: 4 4 4 4 Time to Draw Down, hours: 42 17 4.8 2.8 State Stormwater Management Systems Permit No. SW8 020608 I1. SCHEDULE OF COMPLIANCE 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at 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 slopes and the vegetated filter. d. Immediate repair of eroded areas. C. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. S. Decorative spray fountains will not be allowed in the stormwater treatment system. 6. The facilities shall be constructed as shown on the approved plans. 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. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. 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. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5 State Stormwater Management Systems Permit No. SW8 020608 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. if the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 11_ 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. 12. Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 13. The permittee must maintain compliance with the proposed built -upon area and ensure that the runoff from all the built -upon is directed into the permitted system. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. 16. The infiltration systems must draw down the 1.5" design volume within 5 days (120 hours). 17. The permitted volumes, depths and elevations for the respective infiltration systems must be maintained. 111. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal pen -nit transfer request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of tills request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer. 2. 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. 3. 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. 4. 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. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. r State Stormwater Management Systems Permit No. SW8 020608 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 5th day of February, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 6z6,o4L Alan . Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 7 P. 1 COMMUNICATION RESULT REPORT ( JAN.31.2003 1:54PM ) FILE MODE --------------- 288 NEMOPY TX I NCDENR WIRO OPTION ADDRESS (GROUP) i ESUL PAGE ------------------------------------------------------- ---- ------------------ 9-8150593 OK P. 1/1 ----------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER 0� W A r4R p �I i E-2) BUSY E-4) NO FACSIMILE CONNECTION Michael F. Easley, Governor William G. Ross, Secretary North Carolina Department of Environment and Natural Jr.�tesources FAX COVER SHEET Date: January 31, 2003 To: Jimmy Fentr' ss, p.E. Company: Strou Engineering FAX #: 815--0 93 Alan W. Klimek P.E., Director Division of Water Quality Wilmington Regional Office No. of Pages; 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 020608 Project Name: !The Forest @Belvedere Phase 6 MESSAGE: Dear Jimmy: Please send in sealed, corrected calculations for Basin #2 to support the 37.88 storage elevation now being reported. I 1 w A rFgQ 4 `C Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Date: January 31, 2003 To: Jimmy Fentress, P.E. Company: Stroud Engineering FAX #: 815-0593 Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office No. of Pages: 1 From: Linda Lewis . Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 020608 Project Name: The Forest @Belvedere Phase 6 MESSAGE: Dear Jimmy: Please send in sealed, corrected calculations for Basin #2 to support the 37.88 storage elevation now being reported. S:IW QSISTOPMWATIADDINF0120031020608. JAN03 N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 #�Dl:i�itt Fax (910) 350-2004 Customer Service 800-623-7748 ADDENDUM TO NCDENR STORMWATER MANAGEMENT PLAN THE FOREST AT BELVEDERE, PHASE G RECEIVED SEP 0 5 2002 DWQ PRQJ# 5W5QZdCoO4y SEPTEMBER 5, 2002 OWNER: TFLE FOREST AT BELVEDERE, LLC 60 PELICAN DRIVE 0Q;.•��ssroti.,9 WRIGPI rSVILLE BEACH, NC 28411 �; �° 9 '. (910) 256 - 0837 �� S ��lef6►f1ti��� STROUD ENGINEERING, P.A. 102 SUITE D CINEMA DRIVE WILMINGTON, N.C. 28403 (910)815-0775 File f:\master\pw-165\wpd\denrcov'er.wpd r t r M y L � / 1 5 y s NARRATIVE Pro'ect Description The purpose of this development is to allow for the clearing, grading and construction of the proposed single and multi -family residential subdivision and the required stormwater facilities. The site is 29.26 acres located in the Topsail Township of Pender County, just south of the intersection of US 17 North and Long Leaf Drive. Approximately 27.88 acres will be disturbed during the construction period with 1.38 acres of wetlands slated for protection. Stormwater from the project will be collected using roadside ditches and swales. Water will be conveyed to an infiltration basin for treatment and release at a drawdown rate to be between two and five days. Site Description The site has a sloped topography with 8 feet of relief from north to south. Stormwater from the site will flow overland with sediment control provided by silt fence. Water will be collected in roadside swales and conveyed to one of the seven infiltration basins. In areas where surface collection is not feasible, drop inlets will be used. In order to determine the amount of required storage, the property has been broken into seven drainage areas each one having its own impervious amount. For purposes of calculating the impervious in the single-family areas, each single-family lot has been assigned 3500 sf of impervious area. This will be recorded in the restrictive covenants for the subdivision. The two areas of wetlands will be protected by a line of silt fence along the perimeter. Waters from the site drain to an unnamed tributary of the Intracoastal Waterway, stream class SA. Adjacent Propertics Land use in the vicinity is zoned PD. Land to the north and east is undeveloped. Areas to the south are multi -family residences. Land to the west is the Belvedere Golf Course. soils `file soil, as found in the SCS Soil Survey of Pender County, is Foreston, Murvil le, and Leon. The majority of the property is considered to be poorly drained with permeability rates 0.6 to 20 inclIes/hour. The high water table is less than 1 feet below the surface for Leon areas, 1' above to I' below for Murville areas, and 2.0' - 3.5' below the surface for Foreston. fAmasterlpw 1651wp&swnarra.wpd Sheetl PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8/25/2002 DRAINAGE AREA 1 (LOTS 39-44) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 2.59 PROPOSED IMPERVIOUS AREA (AC) = 0.85 % IMPERVIOUS AREA = 0.33 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL -Rbl- B = 0.05 + 0.009 X %IMPERVIOUS ,RlzWeFF= RK 0.35 v REQUIRED VOLUME = 1.5 IN. X+ it � F X AREA X 43560 SFIAC112 INIHR VOLUME (CF) = 4871 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 35.7 272 36 2007 342 342 37 2692 2350 2691 38 3432 3062 5753 STATE REQUIRED STORAGE (CF) = 4871 DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) = 2.01 STATE STORAGE ELEVATION (FT) = 37.71 DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) = 2 DRAWDOWN TIME (DAYS) = 0.502923 Page 1 Sheetl PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8/25/2002 REVISED 2/3/2003 DRAINAGE AREA 2 (LOTS 3112-38, 45-4812) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 3.24 PROPOSED IMPERVIOUS AREA (AC) = 1.09 % IMPERVIOUS AREA = 0.34 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.36 RECEIVED FEB 0 3 2003 DWQ PROD # :560 F62o&08 REQUIRED VOLUME = 1.5 IN. X RUNOFF X AREA X 43560 SFIACII2 INIHR VOLUME (CF) = 6351.05 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL (FT) (SF) (CF) 36 481 36.3 2642 468 37 3517 2156 38 4725 4121 STATE REQUIRED STORAGE (CF) = DEPTH TO ACHIEVE STORAGE REQUIREMENT (F-0 _ STATE STORAGE ELEVATION (FT) = DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) _ DRAWDOWN TIME (DAYS) = �•` .��1 CARP' �O .•'4ESSI�'•�� ': L ` FEN` CUM. BASIN VOLUME (CF) 468 2624 6745 6351 1.88 37.88 2 0.47 Page 1 �• . r1• r �l Sheets PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 812512002 DRAINAGE AREA 3 (LOTS 25-3112, 56-4812) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 3.21 PROPOSED IMPERVIOUS AREA (AC) = 1.42 IMPERVIOUS AREA = 0.44 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.45 REQUIRED VOLUME = 1.5 IN. X RUNOFF X AREA X 43560 SFIAC112 IN/HR VOLUME (CF) = 7833 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 36.7 474 0 37 6190 1000 1000 38 7888 7039 8039 STATE REQUIRED STORAGE (CF) = 7833 DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) = 1.27 STATE STORAGE ELEVATION (FT) = 37.97 DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) _ DRAWDOWN TIME (DAYS) = 4 0.158842 Page 1 Sheet1 PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8/25/2002 DRAINAGE AREA 4A (LOTS 13-24 & 112 OF ROAD) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 3.8 PROPOSED IMPERVIOUS AREA (AC) = 1.53 % IMPERVIOUS AREA = 0.40 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0,05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.41 REQUIRED VOLUME = 1.5 IN. X RUNOFF X AREA X 43560 SF/AC/12 INIHR VOLUME (CF) = 8532 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR, BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 27.5 83 0 28 1183 317 2 317 29 1637 r860 i4 1177 17Zi 30 2157 1897✓ 3074 '3(pZl� 31 .2742 2450✓ 5523 %074 32 3392 3067 8590 cTI4 STATE REQUIRED STORAGE (CF) = 8532 DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) = 4.48 STATE STORAGE ELEVATION (FT) = 31.98 DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (IN/HR) DRAWDOWN TIME (DAYS) = 4 0.560149 Page 1 Sheetl PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8125/2002 DRAINAGE AREA 413 (LOTS 61-81, 11, 12 & 112 OF LOTS 9 & 10 Wl ASSOC.-D. ROAD) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 4.6 PROPOSED IMPERVIOUS AREA (AC) = 2.38 % IMPERVIOUS AREA = 0.52 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.52 REQUIRED VOLUME = 1.5 IN. X RUNOFF X AREA X 43560 SFIAC112 INIHR VOLUME (CF) = 12916 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 27.5 122 0 28 29 2105 2762 557 n 1442 ���7 557 1999 30 3493 3128 5126 31 4298 3896 9022 32 5178 4738 13760 STATE REQUIRED STORAGE (CF) = 12916 DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) = 4,32 STATE STORAGE ELEVATION (FT) = 31.82 DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) = 4 DRAWDOWN TIME (DAYS) = 0.540228 Page 1 Sheet1 PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8/25/2002 DRAINAGE AREA 4C (LOTS 82-88, 4-8, & 112 OF LOTS 9 & 10 Wl ASSOC.-D. ROAD) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 3.65 PROPOSED IMPERVIOUS AREA (AC) = 1.26 % IMPERVIOUS AREA = 0.35 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.36 REQUIRED VOLUME = 1.5 IN, X RUNOFF X AREA X 43560 SFIAC112 INIHR VOLUME (CF) = 7168 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 27.5 264 0 28 1401 416 416 29 2114 1189 ��� 1605 30 2883 2499 4104 31 3709 3296 7400 STATE REQUIRED STORAGE (CF) = DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) _ STATE STORAGE ELEVATION (FT) = DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) _ ❑RAWDOWN TIME (DAYS) = 7168 3.43 30.93 4 0.428724 Page 1 Sheefl PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8/25/2002 DRAINAGE AREA 5 (LOTS 1-3, 89-94, ASSOC.-D. ROAD, & BUILDINGS 7-10 WI PARKING) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 4.9 PROPOSED IMPERVIOUS AREA (AC) = 2.05 % IMPERVIOUS AREA = 0.42 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.43 REQUIRED VOLUME = 1.5 IN, X RUNOFF X AREA X 43560 SF/AC/12 INIHR VOLUME (CF) = 11380 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 30 430 0 31 7735 4083 4083 32 8810 8273 12355 STATE REQUIRED STORAGE (CF) _ DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) _ STATE STORAGE ELEVATION (FT) _ DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) _ DRAWDOWN TIME (DAYS) _ 11380 1.88 31.88 4 0.235268 Page 1 Sheetl PROJECT THE FOREST AT BELVEDERE PHASE 6 PROJECT PW-165 DATE 8/25/2002 DRAINAGE AREA 6 (BUILDINGS 1-6, ASSOCIATED PARKING, & 340 LF ROAD) NCDENR COASTAL STORMWATER CALCULATIONS TOTAL AREA (AC) = 3.42 PROPOSED IMPERVIOUS AREA (AC) = 1.67 % IMPERVIOUS AREA = 0.49 STATE REQUIRED STORAGE FOR FIRST 1.5 IN. OF RAINFALL RUNOFF = 0.05 + 0.009 X %IMPERVIOUS = RUNOFF= 0.49 REQUIRED VOLUME = 1.5 IN. X RUNOFF X AREA X 43560 SFIAC112 INIHR VOLUME (CF) = 9115 POND DIMENSIONS AND VOLUMES ELEVATION CONTOUR AREA INCR. BASIN VOL. CUM. BASIN VOLUME (FT) (SF) (CF) (CF) 29.5 1368 0 29.75 15162 2066 2066 30.5 17468 8158 10224 STATE REQUIRED STORAGE (CF) = 9115 DEPTH TO ACHIEVE STORAGE REQUIREMENT (FT) = 0.90 STATE STORAGE ELEVATION (FT) = 30.40 DRAWDOWN TIME (2-5 DAY) INFILTRATION RATE (INIHR) _ DRAWDOWN TIME (DAYS) _ 4 0.112257 Page 1 STORM DRAINAGE DESIGN SHEET PRoJEcT: THE FOREST PH. 6 COMPUTED BY: JHF LOCATION: HAMPSTEAD CHECKED BY: JHF STORM FREQUENCY: 10 YRS DATE- 0829102 SHEET 1 OF 1 PIPE TYPE: RCP n= 0.013 P2 Pi+P2 52463 1.20 1.39 5 7.23 0.5 5.02 18 0.2 P3 P3 18375 0,42 5 7.23 0.5 1.62 l8 0.1 P4 Pl+P2+P3+P4 17006 0.39 2.20 5 7.23 0.5 7.96 18 0.6 P5 P5 33842 0,78 5 7.23 0.5 2.81 18 0.1 P6 P5+P5 56799 1.30 2.08 5 7.23 0.5 7.62 24 0.1 P8 P8 75283 1,73 5 7.23 0.5 6.25 16 0.3 P9 PB+Pg 53366 1.23 2,95 5 7.23 0,5 10.68 24 0,2 Pl0 P8+P9 2.95 5 7.23 0.5 10.68 24 6.2 P7 P8+P9+P5+P6 5.03 5 7.23 0.5 18.20 24 0.6 P1l P1l 38243 0.88 5 7.23 0.5 3,17 18 0.1 P14 Pll+Pl4 118935 2.73 3-61 5 7,23 0.5 13.04 24 0.3 P12 P12 60008 1.38 5 T23 0.5 4.98 18 0.2 P13 Pi 2+P13 56377 1.29 2.67 5 T23 0.5 9.68 18 0.8 P15 P12+Pl3+Pl5 52632 1.21 3.86 5 7,23 0.5 14.03 24 0.4 P17 P17 7639 0,18 5 7.23 0.5 0.63 18 0.1 P36 P12+P13+P15+P17 4.00 5 7.23 0.5 14.66 24 0.5 P18 P18 16221 0.37 5 7.23 0.5 1.35 12 0.3 P37 P12+P13+P15+P17+P18 4.43 5 7.23 0.5 16.01 24 0.5 P16 Pie 27586 0.63 5 7,23 0.5 2.29 18 0.1 P20 P16+P20 56175 1.29 1.92 5 7.23 0.5 6.96 18 0.4 P22 P16+P20+P22 58191 1.34 3.26 5 7.23 0.5 11.78 18 1.0 P21 P21 7305 0.17 5 7.23 0.5 0.61 12 0.3 P35 P16+P20+P22+P21 3.43 5 7.23 0.5 12.39 24 0.3 P24 P24 47713 110. 5 7.23 0.5 3.96 18 0.2 P23 P24+P23 43179 0.99 2.09 5 7.23 0.5 7.54 18 0.4 P26 P26 15057 0.35 5 7.23 0.5 1.25 i 8 0.1 P25 P26+P25 58792 2.04 2.38 5 7.23 0.5 8.62 18 _ 0.7 P33 P24+P23+P26+P25 194741 4.47 4.47 5 7.23 0.5 16.16 24 .0.5 P38 P33+P35 T90 5 7.23 0.5 28.55 30 0.5 P28 P28 9356 0,21 5 T23 0.5 0.78 18 0.1 P27 P27 9847 0.23 5 7.23 0.5 0.92 18 0.1 P29 P28+P27+P29 6416 0.15 0.59 5 7.23 0.5 2.13 18 0.1 P30 P30 46217 1.06 5 7.23 0.5 3.84 18 0.2 P39 P28+P27+P29+P30 1.65 5 7.23 0-5 5.96 16 0.3 P31 P31 53050 1.22 5 7.23 0.5 4.40 18 0.2 P32 P28+P27+P29+P30+p31 2.87 5 7.23 0.5 10.36 24 0.2 STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NORTH CAROLINA 27858 (252) 756-9352 JOB SHEET NO. OF Aq CALCULATED BY DATE CHECKED BY DATE qCAl F .. .... ..... .. .. ...... .. ... .. .. .. FRUDLLI 2N I (sqtshbas) 26'i pffiwl Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 1 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings CoeiTc 0.030 Slope 003000 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0,20 V : H Discharge 7.52 efs Results Depth 0.96 ft Flow Area 4.6 ft= Wetted Perimc 9.77 ft Top Width 9.58 ft Critical Depth 0.68 ft Critical Slope 0.019331 RM Velocity 1.64 fUs Velocity Head 0.04 ft Specific Enerc 1,00 ft Froude Numb, 0.42 Flow Type Subcritical Project Engineer; Julie Tuten famasterlpw-1654asc1frstswal.fm2 Stroud Engineering Company FlowMasterv6.0 [614b] 09/04/02 IZ53:29 PM 0 Haeslad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 rage 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 2 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 001200 ft/ft Left Side Slope 0.20 V . H Right Side Slope 0.20 V : H Discharge 10.68 cfs Results Depth 1_30 ft Flow Area 8.4 ft' Wetted Perime 13.23 it Top Width 12.97 ft Critical Depth 0.78 It Critical Slope 0.018448 tuft Velocity 1.27 ft/s Velocity Head 0.03 ft Specific Enerc 1.32 ff Froude Numb. 0.28 Flow Type Subcritical Project Engineer: Julie Tuten f:Unaster\pw-1651asc%frstswal.fm2 Stroud Engineering Company FlowMaster v6.0 [614bj 09/04/02 12:58:05 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 3 Flow Element Triangular Char Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic 0,030 Slope 001000 fflft Left Side Slope 0.20 V : H Right Side Slope 0,20 V : H Discharge 10,68 cfs Results Depth 1.34 ft Flow Area 9.0 ft= Wetted Perimr 13.69 ft Top Width 13.42 ft Critical Depth 0.78 It Critical Slope 0,018448 ft/ft Velocity 1.19 f /S Velocity Head 0.02 ft Specific Enerc 1.36 ft Froude Numb 0.26 Flow Type 5uberitical Project Engineer: Julie Tuten farnasterlpw-1651ascWStswal.fm2 Stroud Engineering Company FlowMaster v6.0 [614bl 09/04/02 01:00:14 PM O Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 0670E USA (203) 755-1666 Page 1 of 1 JOB STROUD ENGINEERING, P.A. SHEET NO. - 107 B Commerce Street CALCULATED BY. GREENVILLE, NORTH CAROLINA 27858 (252) 756-9352 CHECKED BY_ SC:AI F .Ll: OF_ DATE DATE (SYgk Sheets) 2%,l ftWj Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 4 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 002500 ftlft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 1.35 efs Results Depth 0.52 ft Flow Area 1.4 ftz Wetted Perim( 5.31 ft Top Width 5.21 ft Critical Depth 0,34 ft Critical Slope 0.024306 ftIft Velocity 1.00 ft/s Velocity Head 0.02 ft Specific Enerc 0.54 ft Froude Numb, 0.34 Flow Type Suberitical Project Engineer: Julie Tuten f:4nasterlpw-1651asc\frstswal.fm2 Stroud Engineering Company FlowMaster v6.0 1614bf 09/04/02 01:07:04 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, GT 06708 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 5 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 005000 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 0.60 cfs Results Depth 0,34 ft Flow Area 0.6 ftr Wetted Perimi 3." ft Top Width 3.37 ft Critical Depth 0.25 ft Critical Slope 0.027081 ft/ft Velocity 1.06 ft/s Velocity Head 0.02 ft Specific Enerc 0.35 ft Froude Numb, 0.45 Flow Type Subcritical Project Engineer: Julie Tuten f:rrrrasterlpw-1651ascUrstswal.fm2 Stroud Engineering Company FlowMastor v6.0 [614b[ 09/04/02 01:10:35 PM m Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA e203? 755-1666 Page 1 of f Worksheet Worksheet for Triangular Channel Project Description Woricshoet SWALE 6 Flow Element Triangular Char Method Manning's Form Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 003000 fttft Left Side Slope 0.20 V : H Flight Side Slope 0.20 V : H Discharge 12.40 cfs Results Depth 1.16 ft Flow Area 6.7 ft2 Wetted Perimi 11.78 ft Top Width 11.55 ft Critical Depth 0.63 ft Critical Slope 0,018084 ft/ft Velocity 1.86 ftls Velocity Head 0.05 ft Specific Enerc 1.21 ft Froude !Numb- 0.43 Flow Type Subcritical Project Enginoer-. Julie Tuten f[lmastorlpw-1651asckfrstswal.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 09/04/02 01 :14:14 PM 0 Haostad Mothods, Inc. 37 Brookside Road Waterbury, CT06708 USA (203) 755-1666 Page 1 of 1 JOB STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NORTH CAROLINA 27858 (252) 756-9352 ... ........ .. .. ... ... ............. ............ ............ SHEET NO. OF_.._, CALCULATEDBY DATE CHECKED BY— DATE qr.Al r s .. ...... ... . .. . ........ ... .. ... .. .... .......... ODWI 2W I ISgl, Shells} 205 1 (PaddOj Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 7 Flow Element Triangular Char Method Manning's Fora Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 002200 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 16.16 cfs Results Depth 1.35 ft Flow Area 9.1 ft' Wetted Perim( 13.79 ft Top Width 13.53 ft Critical Depth 0.92 ft Critical Slope 0.017457 ft/ft Velocity 1.77 ft/s Velocity Head 0.05 ft Speck Enerc 1.40 ft Froude Numb 0.38 Flow Type Suberitical Project Engineer: Julio Tuten f:\rnastorlpw-1651asclfrstswaIJm2 Stroud Engineering Company FtowMaster v6.0 1614b] 09/04102 01 :18:30 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 8 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coefftc 0.030 Slope 001250 fUft Left Side Slope 0.20 V : H Right Side Slope 0,20 V : H Discharge 7.54 cfs Results Depth 1.13 ft Flow Area 6A ft' Wetted Perimt 11.52 ft Top Width 11.30 ft Critical Depth 0.68 ft Critical Slope 0.019324 ft/ft Velocity 1.18 ft/s Velocity Head 0.02 ft Specific Enerc 1.15 ft Froude Numb, 0.28 Flow Type Subcritical Project Engineer: Julio Tuton f:lmasterlpw-1651ascVrstswal.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 09/04/02 02:013:50 PM 0 Haestad Methods, inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 9 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 002500 fUft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 8.60 cfs Results Depth 1.04 ft Flow Area 5.4 ft= Wetted Perim( 10.63 ft Top Width 10.42 ft Critical Depth 0.71 ft Critical Slope 0.018988 fun Velocity 1.58 ills Velocity Head 0.04 ft Specific Enerc 1.08 ft Froude Numb, 0.39 Flow Type Subcritical Project Engineer: Julio Tuten f:.lrnasterlpw-1651ascUrstswal.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 09/04/02 02:13:34 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NORTH CAROLINA 27858 (252) 755-9352 JOB SHEET NO. OF_ CALCULATED BY DATE CHECKED BY {-YN_7id DATE Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 12 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 003000 ft/R Left Side Slope 0,20 V : H Right Side Slope 0.20 V : H Discharge 0.80 cfs Results Depth 0,41 ft Flow Area 0.9 ft2 Wetted Perimr 4.22 ft Top Width 4.13 11 Critical Depth 0,28 ft Critical Slope 0.026062 ft/ft Velocity 0,94 ft/s Velocity Head 0.01 ft Specific Enerc 0.43 ft Froude Numb- 0.36 Flow Type Subcritical Project Engineer: Julie Tuten Mmasterlpw-16MascVrstswal.fm2 Stroud Engineering Company FlowMasterv6.0 [614b] 09/04/02 02:19:33 PM 0 Hnestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 13 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0,030 Slope 005000 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 3.80 cfs Results Depth 0.67 ft Flow Area 2.3 ft' Wetted Perimr 6.87 It Top Width 6.74 ft Critical Depth 0.51 ft Critical Slope 0.021173 fttft Velocity 1.67 ft!s Velocity Head 0.04 It Specific Enerc 0.72 ft Froude Numb, 0.51 Flow Type Subcritical Project Engineer: Julie Tuten f:lmasterlpw-1651asc1frstswal.fm2 Stroud Engineering Company FlowMaster v6,0 1614bj 09/04/02 02:22:04 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE 14 Flow Element Triangular Char Method Manning's Form Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 005700 ft!ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 4.40 cis Results Depth 0.69 ft Flow Area 2.4 ftz Wetted Perimr 7.08 ft Top Width 6.95 It Critical Depth 0.55 ft Critical Slope 0.020763 fUft Velocity 1.82 fUs Velocity Head 0.05 ft Specific Enerc 0.75 ft Froude Numb. 0.55 Flow Type Subcritical Project Engineer: Julie Tuten f:lmaster\pw-1651asc1frstswal.fm2 Stroud Engineering Company FlowMaster v6.0 1614bj 09/04/02 02:24:23 PM 0 Haeslad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 September 5, 2002 NCDENR attn. Linda Lewis 127 Cardinal Dr. Ext. Wilmington, NC 28405 gG.) SEP Re: Stormwater Project SW8 o2o6o8, The Forest at Belvedere Phase 6, Request for Additional Information dated August 6, 2002 Dear Linda, Pursuant the aforementioned correspondence I am resubmitting revised plan sheets 1-4, revised application and Supplement forms, and also Addendum to the Calculations for the subject development. I would like to address the numbered deficiencies in the order that they were noted. 1. There were no previously filled wetlands. e Corps permit was a "fear Sheet" Nationwide 26 issued by Mickey Suggs for o qJacres of impacts on 11/4/97 with no I 01101q action ID number. There was also a 401 ater Quality Certification issued as DWQ Project # 0748 for these same proposed impacts. The impacts were for the work ongoing since issuance of the permit on North Belvedere Drive and also those presently proposed on Azalea Dr. The wetland line on the plan has been made more conspicuous and is correctly indicated in the Legend (see sheet 1 of 4). There are no infiltration systems proposed in any wetlands as originally delineated and approved. 2. The access and drainage easements are now properly indicated and dimensioned (see sheet i of 4). 3. Additional grading and drainage direction arrows have now been added to sheet i indicating all drainage from impervious surfaces routed to the infiltration systems. Numerous notes have also been added to the same sheet which specify the same. 4. Grading is now indicated on sheet i for the townhome area. 5. The major highways have now been identified on the Vicinity Map on sheet 1. 6. A copy of the Draft restrictions is included at the rear of the addendum. 7. The swales are now numbered on sheet i and the swale symbol is identified in the legend on the same sheet. Supporting calculations for the swales are provided in the Addendum. 8. The inverts for all flared end sections are now indicated on sheet 1. A drainage structure schedule is provided on the top left corner of the same sheet. A pipe schedule is provided at the center bottom of this same sheet as well. g. Plan sheet 4 now delineates all drainage areas for both basins and pipes. 10. The area between lots 83 and 84 is now included in the drainage area for the new basin 4C (see sheet 4 of the plans). This area is not proposed for paving as a part of this project. u. You were correct about the building area contributory to Basin 6. This area is now correct on the revised application and the basin resized accordingly in the Addendum then shown as such on the plans. 12. The parking lots are now dimensioned on sheet i of the plans. 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 26557 (252) 756-9352 (910) 815-0775 (252) 247-7479 OF �\N A - - 71 :Midhael-F:-Easley; Governor Q William G. Ross, Jr., Secretary North Carolina -Department of Environment and Natural Resources j r Alan W. Klimek, P.E., Director __q Division of Water Quality D � Mr. Scott Cook, Partner The Forest at Belvedere 60 Pelican Drive Wrightsville Beach, NC 28480 Dear Mr. Cook: Wilmington Regional Office August 6, 2002 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 020608 The Forest at Belvedere Phase 6 Pender County The Wilmington Regional Office received a Stormwater Management Permit Application for The Forest at Belvedere Phase 6 are June 5, 2002. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: V, I. Please delineate all the previously filled wetlands on site, and the undisturbed wetlands. The wetlands line shown -in the legend looks- exactly the same as the existing contours that end in either "0" or "5". No infiltration, systems may be sited in wetlands. V/2. Please show and label the width of all required access and drainage easements. ✓. 3. Please show on the plans how all runoff from the lots and townhome areas is directed into the appropriate infiltration basin. 4. Please show all proposed grading, especially in the townhome area. The parking areas between Buildinus 7/8 and.9/10 have no proposed grading. 5. Please add the nearest intersection of two malor roads to the vicinity map. A major road is any 1, 2 or 3 digit NC, US or interstate highway. Please provide a copy of the proposed deed- restrictions to include all required 0 conditions and limitations. 7. Please add .the symbol for a swale " »»" to the plan legend. Pleasc show all proposed inverts (in and out) for each swale and all perimeter ditches used to transport runoff into the basins. ✓8. Please either show all pipe and catch basin inverts or add the 'drainage structure schedule to the plans. / 9. For Basins 4A, 4B and 5, please include the area of the basin in the drainage area. (/ 10. For Basin 4B, please include the area between Lots 83 and 84 in the drainage area. The flow arrow indicates that the drainage is back into the project. Vow INCDENIR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 f1, ."'�_. _ .7'—y.,tiy... i r . _ { F.i'�.r: • �J. _ M _ ;e.,S:� ..�r�'?,a-+�csi „'tld,'{f,�,•r_-�FdCrv«'.- Mr. Cook August 6, 2002 Stormwater Project No. SW8 020608 11. Please provide typical building dimensions for the multi -family areas. Based on scaling, I am getting 46,238 ft2 ofbuilding area in DA #6, which is well in excess of the 40,359 ft2 used on the application. Please check and revise the application and calculations. 12. Please provide parking lot dimensions. ✓ 13.. How do you propose to disperse the runoff evenly across the bottom of the basin? Please provide a means in the basin to accomplish this. 1/14. Please label the function of the open area adjacent Lot 45. is this common area? Retained by owner? 15. Please label a 3:1 or flatter slope on the infiltration basin detail. t% 16. Infiltration basins must be offline systems. in other words, the excess design storm runoff must bypass the infiltration basin before it gets into the basin. Normally, a bypass weir is set in the last structure which discharges into the basin. The top elevation of the weir equates to the storage elevation reported on the supplement. 17. Please dimension the bottom contour in each infiltration basin. 1% 18. Please provide a 50' vegetated filter for all bypassed overflows from the basin. Please provide a complete detail including elevations, slopes, grass type, inverts, and the flow spreader. 19. Please provide a soil boring map and the existing ground elevation where each bore was taken. Based on the existing contours shown, several of the Seasonal High Water Tables appear to be too high. 20. The soils report indicates that the Seasonal High Water Table has been equated to the elevation where the soils are saturated. This is not correct. The SHWT elevation is the highest elevation where mottling of the soils is seen due to leaching of minerals from the underlying soils. The Regional Soil Scientist will need to verify the soils and water table at each proposed basin location. Please arrange to meet us either Wednesday morning, August 14 or Thursday morning August 15 at the site. Please call to set a time. vl*"'21. The plans show that the drainage areas for Basins 5 and 6 are both 3.53 acres, but the application and calculations say that Drainage Area #5 is 4.79 acres. Please check and revise. ✓22. If the bottom elevation of Basin 1 is 35.2, you cannot count the surface area and volume in the basin beginning at 35. Please correct and revise. 23. The built -upon area total reported for DA #6 does not appear to include the 1200 ft2 of concrete. Please check and submit revised application and calculations. ,/,,- 24. When a range of infiltration rates is provided, please use the lowest number, not the average. ✓ -5. The drainage area for each basin may not exceed 5 acres. Please reduce the size of drainage area 4A. Mr. Cook August 6, 2002 Stormwater Project No. SW8 020608 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to September 5, 2002, or the application will be returned as incomplete. The return of project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINF0120021020608.AUG cc: Linda Lewis James Fentress, P.E.