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HomeMy WebLinkAboutSW8070211_Current Permit_20070614�oF W A O 7�90 �G o �c June 14, 2007 Mr. Randy M. Schilsky, Manager Schilsky Office Park, LLC 312 Dolphin Drive Jacksonville, NC 28546 Subject: Stormwater Permit No. SW8 070211 Schilsky Office Park, LLC High Density Subdivision Project Onslow County Dear Mr. Schilsky: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for Schilsky Office Park, LLC on May 16, 2007. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 070211, dated June 14, 2007, for the construction of the subject project. Stormwater Permit No. SW8 020502 has also been issued to you as Permittee for the abutting property Schilsky Chiropractic Center (Lots 1 — 4). At some point in the future it may be a advisable to combine Permits SW8 070211 (Lots 5 —12) and SW8 020502 into one Master Plan permit of common development, especially if permitted project areas, drainage areas, impervious areas, and stormwater management measures are impacted by proposed modifications at either or both sites. This permit shall be effective from the date of issuance until June 14, 2017, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Paul Bartlett at (919) 733-5083 X235, or me at (910) 796-7215. Sinceo<--*'� e Edward Beck Regional Supervisor Surface Water Protection Section ENB/ptb: S:IWQSISTORMWATERIPERMIT1070211.jun07 cc: David K. Newsom, P.E., Crystal Coast Engineering, P.A. Mike Morris, Onslow County Inspections Paul T. Bartlett, P.E. Wilmington Regional Office Central Files No thCarolina Naturally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www_n.cwaler�uality.i�r Fax (910) 350-2004 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 070211 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 Randy M. Schilsky and Schilsky Office Park, LLC Schilsky Office Park, LLC Onslow County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules) and the 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. Stormwater Permit No. SW8 020502 has also been issued to Randy M. Schilsky as Permittee for the abutting property Schilsky Chiropractic Center (Lots 1— 4). Combining Permits SW8 070211 (Lots 5 —12) and SW8 020502 into one Master Plan permit of common development may be recommended by the Division of Water Quality if permitted project areas, drainage areas, impervious areas, and stormwater management measures are impacted by proposed modifications at either or both sites. This permit shall be effective from the date of issuance until June 14, 2017 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 8 lots, each allowed built -upon area (BUA) as follows: Lot Number BUA, sq ft 5 (Common Area) 0 6 50,331 7 56,012 8 51,131 9 45,323 10 26,744 11 67,306 12 56,441 Total of Lots 353,288 Page 2 of 9 State Stormwater Management Systems Permit No. SW8 070211 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. This pond must be operated with a scour hole on the outlet, in accordance with the approved plans. 5. 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. 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 11.96 Onsite, ft2: 520,881 Offsite, ft2: None b. Total Impervious Surfaces, ft2: 398,981 Lots, ft2: 353,288 Roads/Parking, ft2: 45,693 Future allotment, ft2: None Offsite, ft2: None c. Pond Depth, feet: 6.0 d. TSS removal efficiency: 90% e. Design Storm, in.: 1.0 f. Permanent Pool Elevation, FMSL: 38.0 g. Permitted Surface Area @PP, ft2: 23,064 h. Permitted Storage Volume, ft3: 32,578 i. Storage Elevation, FMSL: 39.33 j. Controlling Orifice: 2.0" 0 pipe k. Permanent Pool Volume, ft3: 90,708 I. Forebay Volume, ft3: 18,066 m. Maximum Fountain Horsepower: 1/3 n. Receiving Stream / River Basin: UT Mill Creek / White Oak o. Stream Index Number: 19-9 p. Classification of Water Body: "SC; NSW" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 070211 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval. for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4of9 State Stormwater Management Systems Permit No. SW8 070211 12. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070211, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot in square feet is as described in Section 1.2 on page 2 of this permit. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff from built upon area on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. j, Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 070211 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/3. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. Page 6of9 State Stormwater Management Systems Permit No. SW8 070211 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143 215.6A to 143 215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 14th day of June 2007. NORTH CPROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for L;oieen h. 5unins, uirector Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 070211 Page 7 of 9 State Stormwater Management Systems Permit No. SW8 070211 Schilsky Office Park, LLC Stormwater Permit No. SW8 070211 Onslow County Designer's Cerrificarion Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No. SW8 070211 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly'sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Mike Morris, Onslow County Building Inspections Page 9 of 9 Operation & Maintenance agreement Project Name: Schilsky Office Park Project Location: Jacksonville, NC Maintenance records shall be kept on the following SCM(s). This maintenance record shall be kept in atixilmdeiciencies set location. Any deficient SCM elements noted in the inspection will be corrected, repaired, or replaced immediately.ecan affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the SCM(s). The SCM(s) on this project include (check all that apply & cc Infiltration Basin Quantity: Infiltration Trench Quantity: Bioretention Cell Quantity: Wet Pond Quantity: Stormwater Wetland Quantity: Permeable Pavement Quantity: Sand Filter Quantity: Rainwater Harvesting Quantity: Green Roof Quantity: Level Spreader - Filter Strip Quantity: Proprietary System Quantity: Treatment Swale Quantity: Dry Pond Quantity: Disconnected Impervious Surface Present: User Defined SCM Present: Low Density Present: ding O&M sheets will Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Type: De aaaea automaticai I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each SCM above, and attached O&M tables. I agree to notify NCDEQ of any problems with the system or prior to any changes to the system or responsible party. Responsible Party: Title & Organization: Street address: City, state, zip: Pho�number(s): Email: Signature: Randy M Schilsky for Schillsky Office Park Owners Association Inc Registered Agent/Manager for Schilsky Office Park Owners Associ 312 Dolphin Drive Jacksonville, NC 28546 (910)340-7285 rschilsky@gmall.com , a Notary Public for the State of 14 „ -r-- Date: da. -. l County of gyp(; h do hereby certify that g=, A m- ScL,; U, Lr personally appeared before me thX � a a , day of n0a rZJ' a 0 al and acknowledge the due executi2a, f the Witness my hand-andl,1 rt 40 44,0 Seal .X� .".�,�11commission expires ...Y.• �' intenance Agreement. STORM-EZ 3/22/2021 Version 1.5 O&M Agreement Page 1 of 1 Wet Pond Maintenance Requirements Important operation and maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and - perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet pond should be fertilized after the initial fertilization that is required to establish the plants on the vegetated shelf. Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wet pond. - If the pond must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain will be minimized as much as possible. At least once annually, a dam safety expert will inspect the embankment. Any problems that are found will be repaired immediately. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. After the wet pond is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance shall be kept in a known set location and shall be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. SCM element: Potential problem: How to remediate the problem: The entire wet pond Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to remove the gully, plant ground pond erosive gullies have cover and water until it is established. Provide lime and a one - formed. time fertilizer application. The inlet pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment off -site. The inlet pipe is cracked The inlet device or otherwise damaged (if Repair or replace the pipe. applicable). Erosion is occurring in the Regrade the swale if necessary and provide erosion control swale (if applicable). devices such as reinforced turf matting or riprap to avoid future problems with erosion. Sediment has accumulated to a depth Search for the source of the sediment and remedy the greater than the original problem if possible. Remove the sediment and dispose of it in design depth for sediment a location where it will not cause impacts to streams or the The forebay store e. SCM. Erosion has occurred. Provide additional erosion protection such as reinforced tun` matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Wet Pond Maintenance Reauiramantst ([:nn+innaell SCINI element: Potential problem: Flow to remediate the problem: Sediment has accumulated to a depth Search for the source of the sediment and remedy the greater than the original problem if possible. Remove the sediment and dispose of it in design sediment storage a location where it will not cause impacts to streams or the depth. SCM. The main treatment area Algal growth covers over 50 /o of the area. Consult a professional to remove and control the algal growth. Cattails, phragmites or other invasive plants Remove the plants by wiping them with pesticide (do not cover 50% of the basin spray). surface. Best professional practices show that pruning is needed to Prune according to best professional practices. maintain optimal plant health. The vegetated shelf Determine the source of the problem: soils, hydrology, Plants are dead, diseased disease, etc. Remedy the problem and replace plants. or dying. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Shrubs have started to Remove shrubs immediately. grow on the embankment. Evidence of muskrat or Consult a professional to remove muskrats or beavers and beaver activity is present. repair any holes or erosion. The embankment A tree has started to grow on the embankment. Consult a dam safety specialist to remove the tree. An annual inspection by an appropriate professional shows that Make all needed repairs immediately. the embankment needs repair. Clean out the outlet device and dispose of any sediment in a Clogging has occurred. location where it will not cause impacts to streams or the The outlet device SCM. The outlet device is damaged. Repair or replace the outlet device. Weeds or volunteer trees Remove the weeds or trees. Floating wetland island are growing on the mat. The anchor cable is (if applicable) damaged, disconnected Restore the anchor cable to its design state. or missing. Wet Pond Maintenance Requirements ICnntinnad! SCM element: Potential problem: Flow to remediate the problem: ' Erosion or other signs of damage have occurred at Repair the damage and improve the flow dissipation structure. the outlet. The receiving water Discharges from the wet pond are causing erosion or sedimentation in the Contact the local NCDEQ Regional Office. receiving water. Wet Detention Pond Design Summary ` VVt I FUNU IU 1 Pretreatment other No than forebay? Has Veg. Filter? No FOREBAY Permanent Pool El. 32 Temporary Pool El: 39.33 Clean Out Depth: -1.5 Sediment Removal El 33.5 Bottom Elevation: 32 RAIN POND Permanent Pool El. 32 Temporary Pool El: 39.33 Clean Out Depth: -1.5 Sediment Removal El 33.5 Bottom Elevation: 32 100 • r ICE USE O I.Y 1. :Mite ece�yea ee i�aia rermtt Nunwer �56,2- 1 State of North ` aroii ,a Depar en1- of niv renment and Natural R--soui-ces Division of Water Quality Q'i" �� �`a a ;I, �r first T'" ?�' '`. 'f'7;,`,�T ris;i i r ..� iA � I"R N!ANAG. N1E-�rr P EIZINA A 1��..ICA .� 1 I >,x ..�. This firnl i,,;q he pholocopi_ dfir use as wi original GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual., etc. who owns the project): Schilsky OfficePark, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Randy M. Schilsky, Manager 3. Mailing Address for person listed in item 2 above: 312 Dolphin Drive. City: Jacksonville _ _ State: NC Zip: 28546 Telephone Number: ( 910 ) 340-7285 4. Project Natne (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Schilsky OfficePark, LLC 5.11,ocation of Project (street address): Marlin Drive City: Jacksonville County: Onslow 6. Directions to project (from nearest major intersection): From intersection of US Hwy.17 & NCSR 1470 (Western Blvd.) take West on NCSR 1470 approximately 1.7 miles to Marlin Drive, turn left on Marlin Drive project at the end. 7. Latitude: 34degrees 47' 33" Longitude: 77 degrees 24' 36" of project 8. Contact person who can answer questions about the project: Name: John L. Pierce & Associates P.A. Telephone Number: ( 910 ) 346-9800 :I. PERrAIT INFORMATION: 1. Specify whether project is (check one): XX New Renewal Modification Forin SWU-i01 Version 3.99 Pale i of 4 2. if this application is being submitted as the result of a renewal or modification to an existing permit, list -the • existing permit number. N/A and its issue date (if known) 3. Specify the type of project (check one): Low Density XX.. High Density Redevelop .............General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major x Sedimentation /i rosion Control - 404/401 Permit xx N PDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. lll. PROJECT'.NFORMATION' 1. In the space pros ided below, summarize how stormwater will be trcwted. Al_.o attach a di tailed narrative (one to two pages) describing stormwater management for the project. Stormwater will be collected and treated in a Wet Detention Basin 2. Stormwater runoff from this project drains to the White Oak (New River) River basin. 3. Total Project Area: 11.96 acres 4. Project Built Upon Area:76.6 5. I -low many drainage areas does the project have? I 6. Complete the following information for each drainage area. if there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Are i - Drainage Area 2 Receiving Stream Name j UT Mill Creek Receiving Stream Class SC•NSW Drainage Area 520,881 s.f. Existing Impervious* Area - 0 _ Proposed Impervious*Area j 398,981. sf % Impervious* Area (total) 76.6% ,. S 'lUi tc1CC Are„ � On -site Buildings �`� U r+ 'A ry 1 r 7 :r!'"i.il1e1�: ��.r74119.:c A1'Ca 2 353,288 s.f. On -site Streets 45,693 s.f. i On -site Parking On -site Sidewalks Other on -site Ol-sine I I j � Total: 398,981 s.f, i Total: Impervious circa iv defined as the built upon area including, but not limited to. buildin..s, roadLv, ;parking areas. sid wall,:, gravel areas, etc. Donn SWU-101 Version 3.99 Page 2 of How was the off -site impervious area listed above derived`? N/A IV, DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table lasting each lot :number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The followhig covenants are intended to ensure ongoing compliance wi h state stormwater management permit ttuntber as issued by the Division of pater Quality. These covenants may not be changed or deivted without the concert of the State. 2. No more than silt are feet of an v lot shall be corer: d by structurc s or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or th; wale,- surface of swimming pools. 3.:Sivales stroll not br filled in, pipj d, or altered except as necessary to provide drive way crossings. 4. Built -upon area in excess of the permitted amount requh es a state stormwater management permit modification prior to Construction. 5. A11 permitted rungfffrom outparcels or fztture development shrill be directed into the permitted stormwater control system. These connections to thlo stormwater control >ystem shall be performed in a manner that maintains the integrity awi performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. S;IPPLEVi€:NT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Retention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-iO4 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWI1-107 Underground Infiltration Trench Supplement Form SVi U-108 Neuse River Basin Supplement Form S'NU-109 Innovative Best Management Practice Supplement Form SWU-1.01 Version 3.99 Page 3 of 4 V1. SUBMITI'AL REQUIREIyaENTS Clay complete application packages will be accepted and reviewed by the Division of Viater Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate .DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided. next to each item. In als * Original and one copy of tile Stonnwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each .BMP Permit application processing fee of $420 (payable to NCDEN.R) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vcgetated buffers (where required) VII. AGENT AUTHORIGATiON if you wish to designaie authority to another individual or firm so that they may provide .information on your behalf, please complete this section. Designated. agent (individual or firm): John L. Pierce & Associates P.A. Mailing Address: P.O. Box 1685 City: Jacksonville State: NC Zip; 28540 Phone: ; 910 ) 346-9800 Fax: ( 910 1 346-1210 'Fill. APPLICANT'S C.ERTIVICATIOI 1, (print or type name of person listed in General h formatiolz, item L) Randy M. Schilsky, Manager certify that the information included on this permit application form is, io the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective ovena s wil e recorded, and that the proposed project complies with the requi ements of 15A NCAC 21-1.10 Signature: Date: Form SVli-101 Version 3.99 Page 4 of 4 Permit No. S*Wg &702 (to be provided by DWG?) State of North Carolina Department of Kavirinment land..Nat"Ural Resources D v+s or. of Water Qualft STORMWATER MANAGEMENT PERMIT APPL1%"`ATION FORM WET DETENTION BASIN SUPPLEMENT This form umv he photocopied for use us an original DWQ Stormwater iyIanagement Plan Review: A complete Stormwater management plan submittal includes an application form, a wet detention basin supplem.Lnt for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. Project Name: Sehilsky OfficePark, LLC Contact Person: John L. Pierce & Associates P.A. Phone Number: ( 910 } 346-9800 or projects with multiple basins, specify which basin this worksheet applies to: 1 elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation areas Permanent Pool Surface Area - Drainage Area impervious Area volumes Permanent Pool Volume Temporary Pool Volume F orebay Volume Other parameters SA/D1i 1 Diameter of Orifice :Design Rainfall Design TSS Remov;:,12 32.00 38.00 39.33 23,064 11.96 Q IA ft. (floor of the basin) ft• (elevation of'the orifice) ft. (elevation of the discharge structure overflow) sq. ft, (water surface area al the orifice elevation) ac. (on -site and off -site drainage to the basin) ac. (on -site and cuff -site drainage to the basin) 90,708 cu. ft. (combined volume of main basin andforebay) 32,578 cu. ft. (volume detained above the permanent pool) 18,066 cu. ft. (approximately 20% of total volume) 4.3618 (surface area to drainage area ratio from Dt'Q table) 2.00 in. (2 to 5 clay temporary pool dram% -down require(!) 1" in. 90 �b (minimum 85% regrdi,ed) ''onn SWU- i 02 Rev 3.99 Pagel of 4 Footnotes: I When using; the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. .11. Ri fQUIREI) !ITEMS CIItECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management :Permit Application Form, the agent may initial below. If a requirement i as not Deer met, aWtach justification. ApplicanAs Initials el r,. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. 'The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) 1. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin.. m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WE T DES EINI 4ON BASF OPERATION AND MAINTENANCE AGREEiNIJENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. 1 F w system (check one) 0 does 0 noes not ircorporate a vegetated .Filter at the outlet. This is system (check one) " does 0 does not incorporate pretreatmer.* ather 111-11aa a forebay-. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a ma:dmum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning, 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced io 75% of the original design depth (sue diagram below). Removed sediment shall be disposed of in � n appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4.50 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 4.50 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) V Permanent Pool Elevation 38.00 Sediment Removal El. 33.50 750 Sediment. Removal Elevation 33.50 Bottom Elevation 32.00 1 75% Bottom Elevation 32.00 25% FOREBAY MAIN POND Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. 1: acknowledge and agree by my signature below that I am responsible for the performance of the seven. maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Randy M. Schiisky Title: Manager Address: 312 Dolphin Drive, Jacksonville NC 28546 Phone: (91 Signature: Date: n Note: The legally re ,ponsible party should not be a homeowners association unless more then 501"1) of the logs have been sold and a resident of the subdivision has been named the president. , 2!�6a Notary Public for the State of County of , do hereby certify that personally appeared before me this �_ day of V-2 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. 'Witness my hand and official seal, gULLp..Ir /551 ARY� SEAL My commission expires /i & 4) Form SWUr-102 Rev 3.99 Page 4 of 4 State Stormwater Management Systems Permit No. SW8 070211 Schilsky Office Park, LLC Stormwater Permit No. SW8 070211 Onslow County Designer's Certification Page 1 of 2 I, i /ice /C AJAgzgliag," , as a duly registered A&F-M AAZ the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for e—'E ?4a& . l�(Project Owner) hereby state that, to the best of my abilities, due care and il�ence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date MAR o 8 zolo Page 8 of 9 State Stormwater Management Systems Permit No. SW8 070211 Certification Requirements: Page 2 of 2 /:40. The drainage area to the system contains approximately the permitted acreage. �. The drainage area to the system contains no more than the permitted amount of built -upon area. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. Z The outlet/bypass structure elevations are per the approved plan. Z&VJ6: The outlet structure is located per the approved plans. ,Deal,' 7. Trash rack is provided on the outlet/bypass structure. Z 8. All slopes are grassed with permanent vegetation. S �7ut�rf�3J Co�LiG ? cv1 /? 7Z TZ /ie 1A17A3 J1%4/� �!/cfiltlL ,L9. Vegetatsopes are no s e'er of pe thane , 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. ak/11. The permitted amounts of surface area and/or volume have been ' provided. AA/ 12. Required drawdown devices are correctly sized per the approved plans. 1,;? 3. All required designdepthsare provided. Wac�- �77�/L�7N , ' A 4. A 8 parts o�F the�fe�re p ded, su^ch- as a vereted shelf, a forebay, and the A 5. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Mike Morris, Onslow County Building Inspections Page 9 of 9 - �WB��dall Doo Yn; 001098070009 Type: CRP Fee rded:eke OOWPage it 01.133!22 PM f 9 Excise Tax; 00.00 Onslow CountY, NO Mildred M Thomas Register of Deeds Bx2685 Pa260-268 by agdreydrn to: ciaylbx, Lawams'ph 1,cher, Attorneys P.O. Bo 5 Jacksonville, NC-24540 STATE Of NORTR Nab COUNTY OF ONSLO THIS DECLARATION F E E El this ';v day of June, 2006 , S ILS (hereinafter referred to as the " aran II��IUN��IIN�u�b{�ll�!{�nlllll�l�� 000 rd 00t2044400l0 Type: CRP Recorded: Q��g612006 at 02l09!!lf JiM lee �mt; 4t%4Oa Pape 1 of ID Mildred MuThomasORepleter of Deeds OK2737 Pa540-549 DECLARATION OF EASEMENTS, COVENANTS, AND RESTRICTIONS i, AND RESTRICTIONS (the "Declaration'l is made L.L.C., a North Carolina limited liahiliry company wyTUSSR'11(H: WHEREAS, Declarant is the owner of fN al pro d in Article 11 of this Declaration and desires to create thereon a'business office deve me t Sul ivisi with lots, roads and streets; and WHEREAS, Declarant, prior to selling and convey g the t esrr to impose upon said lots certain reciprocal easements, restrictions, covenants, conditio an harg fa the efit of all lots in the subdivision so as to provide for the preservation of the values a dam ni res i s ' su division; and to this end desires to subject thereat property described in Article II tot a ea , co nts, restrictions, and conditions hereinafter set forth, each and all of which is and are fo e b of of sa .property, and binding upgn and enforceable by each owner thereof, and such owner's heirs; s essoi a ns;.and further certain easements, covenants and restrictions shall be for the beneft f. an by the North Carolina Department of Environment and Natural Resources, Division of ua11 NOW, THEREFORE, the Declarant declares that the real property described rticle , s I be d, transferred, sold, conveyed, leased, rented, encumbered, used and occupied subj t t th ease ents, covenants, restrictions, and condtions (sometimes referred to as "Covenants and Restricti s") he inafter set forth. ARTICLE I DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings: WPOOCS/DOGRESTCOY.SCHILSKY.CFFICE.PARK (Page 2 of 10) (a) "Subdivision" shall mean and refer to all lands described herein that are subject to this Declaration or any Supplemental Declaration under the provisions of Article if hereof. (b)• "Association" shall mean and refer to the 5chilsky Office•Park Owners' Association, inc., a North Carolina non-profit corporation, its successors and assigns. (c) "Board" shall mean and refer to the Board of Directors of the Association. (d) "Lot" shall mean and refer to the following separately described parcels of land shown upon the original recorded map of the Subdivision, namely: Lot 6, Lot 7, Lot 8, Lot 9, Lot 10, Lot 11 and Lot 12 or the recombination of said Lots as. may be permitted under this Declaration or any Supplemental Declar 'on, hereinafter sometimes referred to Individually as Lot and collectively as Lots. (a) "Owner" shall mean and refer to the legal or equitable owner, whether one or more persons or a ties, a ing any Lot, whether such ownership be In fee simple title or as land contract vendee, and sh not or refer to a mortgagee. " oR Area" shall mean and refer to all real property (including the improvements t ereo owne ysoclation for the common use, -benefit and enjoyment of the Owners. The Common ea t be ed Association at the time of the conveyance of the first Lot is described as follows: L)t 5, including Stormwater Pond No. 2, as shown on the recorded map of the Sion which shall be used exclusively for the collection and treatment of s rm ater runoff from the Lots, streets and drive areas in the Subdivision. (g) "Join ase rea all mean all those private streets or drives designated as Marlin Drive (Private), Tarpon Tra PH e), Pa an Place (Private) and Cobla Court (Private), as shown and described on the recorded map o h Sub iv Sion an s a e for the common use, benefit and enjoyment of the Owners, their lessees, empl a atro , us e , clients, patients, vendors, and Invitees. (h) "Person" shall n an a er to at erson, corporation, partnership, limited liability company, association, trust or other entity, r ny co !nation thereof. (I) "Structure" shall mean nd ref r _ (� (I) anything or object tiro ceme u�on any Lot may affect the appearance of such Lot, including by way o illust tion nd n limitation, any building or part thereof, porch, gazebo, shed, driveway, sl a k, vered r uncovered patio, fence, curbing, paving, wall, tree, shrub, sign, signboard, mail ox, dri a ny other temporary or permanent improvement on such Lot; (!I) any excavation; grading, fill ditch, v rsio d o o er ing, object or device which affects or alters the natural flow of surf a to m, or across any Lot, or which affects or alters the flow of any waters in a pat ral r artl !al river, creek, stream, canal, wash or drainage channel from, upon or across ,. ' Lgt, (111) any change In grade at any point on a Lot of mo a tha six c S. ARTICLE ii U PROPERTY SUBJECT To THIS DECLARATION The property subject to this Declaration shall be all that certain real property sltua din cksonviile Township, Onslow County, North Carolina and more particularly shown and described on lat entitled "Final Plat Showing, SCHILSKY-OFFICE PARK", dated June 26, 2006, prepared byJohn L. Pierce & Associates, P.A. and recorded in Map Book 51, Page 56, Slide L-1393, in the office of the Register of Deeds of Onslow County, North Carolina, except Lot 1. Lot 2. Lot 3, Lot 4 and the private drive and cul-de-sac extension of Dolphin Drive situated between Lot 1 and Lot 3 (which encompasses a portion of Lot 4 as shown on said recorded map). WPOOMMURESTCOV WHU SKY.OFFICE.PARK ' (Page 3 of 10) ARTICLE III MEMBERSHIP AND VOTING R[GH17S Section 1. Membership. Every Owner of a Lot which is subject to this Declaration shall be a mandatory member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be severed from ownership of any Lot and shall pass automatically to an Owner's successor -in -title to the Lot. seceiol 2. Voting Rights. The Association shall have.two classes of voting membership: ss A: NInItially, the Class A members shall be all Owners, with the exception of the Declarant, nd s II be en led one (1) vote for each Lot owned. When more than one Person holds an interest In a y Lo , all s h P rson shall be members. Provided, however, the vote for such Lot shall be exercised as th am he determine, but in no event shall more than one vote be cast with respect to any Lot. If mu e o er f a L cannot provide written verification of the authority of a designated individual to cast their vote, en n o ay be cast by that particular Lot Owner. Class B. he Cl ss B member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. T e Cla em ship shall cease and be converted to Class A membership on the happening of any of e f 1 wingiegen (1) at such tilmellks simdnty-f' er t 5.0%) of the Lots have been sold; or '(ii) ten (10) years the of r c rd ' of this Declaration; or (iii) when, in its discretion Decla t o det ines. A ICLi I PROPER IGH A D EAS ENTS Section 1. Members' Easement of En'o m nt. Su a provisions herein, every member. of the Association shall have a right and easement of e a d njoy nt n an a the Common Area and - Joint Easement Area, including, without limitation, the n f ve is ar nd ed Irian ingress, egress, drainage and utilities, over under and upon the Common Are and of a rea, which rights and easements shall be appurtenant to and shall pass with the title eve L , subjfi t to the following: (a) the rnin right of the Association to adopt and publish rules d re ati the use of g g the Common Area andjoint Easement Area, including, but not limited to, I to As cia ' to levy fines against, and suspend the'voting rights of, owners for misconduct, us oche ina pro 'ate activities relating to or occurring on the Common Area or joint Easement Area, hfin sh beco ea lien on the Owner's Lot in the same manner as are assessments as set forth herel (b) the right of the Association (i) to borrow money for the purpose of i g the ommon Area and joint Easement Area, or any portions thereof, or constructing, repairing or imp ving y facilities located orto be located thereon, and (ii) upon the assent of two-thirds of the Class A mere a d the Class B member, if any, for improvements to the Common Area and joint Easement, Area to give as security a mortgage or deed of trust conveying all or any portion of the Common Area orJoint Easement Area; the lien and encumbrance of any such mortgage, however, shall be subject and subordinate to all rights, interests, easements and privileges herein reserved or established. for the benefit of the Declarant, any Owner, or the holder of any mortgage, irrespective of when executed, given by the Declarant. (c) . the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes. and subject to such conditions as may be agreed to by the members: no such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members, agreeing to such dedication or transfer, has beer+ recorded; WPiSBL`31DOC1RMC6VAN1L8KV.6PP 10EPAAK (Page 4 of 10) (d) the easements reserved as set forth in this Declaration, Section 2. Declaration of use. Any Owner may delegate, in accordance with the By -Laws, his/her/its riglht or use and enjoyment in and to the Common Area and joint Easement Area, together with the improvements thereon to tenants, patrons, customers, clients, patients, vendors and invitees, subject to such rules, regulations and fees as may be established from time to time by the Association. Section 3. Access, Drainage and utility Easements. There is hereby created in favor of the Declarant and the Association easements upon, across, over, through and under all Common Area, theJoint Easement Area and such other areas designated as easements on the recorded plat of the Subdivision for ingress, ass, drainage, Installation, replacement, repair and maintenance of all paved surfaces, ditches, utility a se ce lines and systems, including but not limited to, water, sewers, gas, telephones, electricity, televis' n cable or communication lines and systems. An easement is further granted to the Association, its o cars, ants mployees and any management company retained by the Association, to enter in or to cr s ove the Co n Area, Joint Easement Area, easements designated on the recorded plat of the Su divi ' n and e L t , to inspect and to perform the duties of maintenance and repair of the Common Ar ,Jol t Eas an rea; other easements designated on the recorded plat of the Subdivision and the Lots, as p A 6.�i rei uld any utility furnishing service. covered by the general easement herein provided reque specs ep eme t by a separate recordable document, Declarant or the Association shall have the right to grant su ease on the Common Area and joint Easement Area without conflicting with the terms hereof. ARTICLE V Section t. Creat1oh,9f We Lie nd PeIrslonal Obll by acceptance of a deed thereftifwhath a or n t 11 covenant and agree to pay to the Assocl rr 1 an - a capital improvements and such other Items s y be ec assessments to be established and colle a her nafte together with interest thereon (at the rate.o perc hereinafter provided, including reasonable atto eys' f as, s a Lot against which each such assessment is made. h uc as costs of collection thereof, including reasonable attorn fee Person who was the Owner of such Lot at the time w n ti, obligation for delinquent assessments shall not pass to an assumed in writing. :ion for Assessments. Each Owner of a Lot, so expressed in such deed, is deemed to ssessments, and (ii) special assessments for. in the opinion of the Association, such pied The annual and special assessments, guurr�) and costs of collection thereof, as. b charge and a continuing lien upon the !s ent, togetherwith interest thereon and h be the personal obligation of the ssessme became due. The personal lssor m titl to c ot, unless expressly Section 2. Purpose of Assessments. The assessments Feuie� b the sociation shall be used exclusively for the coats and expenses incident to the operallOn oft a Asse a I n, ludinng, wilhbUt limitation: (a) compliance with the conditions of the Stormwater Permit W8 ue by the North Carolina Department of Environment and Natural Resources, Division of Wate ality a "Pe mit he maintenance and repair of the Common Area and Joint Easement Area, inclu g, ++thou imi tion t e private streets or drives designated as Marlin Drive, Tarpon Trail, Pampano Pike d Co a C rt; ( e maintenance of services furnished by the Association; (d) the purchase of insurance th A ociat' n; (a) the repair, maintenance and replacement of improvements on the Common Area and joln asem t Area; (f) utility charges and expenses for maintenance and operation of the Common Area an oint asement Area; (g) payment of.all taxes, insurance premiums and costs and expenses incidentai to the ation and administration of the Association; and (h) the establishment and maintenance of a reasonable reserve fund or funds. Section 3. Computation of Annual Assessment. The initial annual assessment for the Common Area, joint Easement Area and compliance with the Permit shall be in the amount of $650.00 per Lot, with the Owner's first assessment (or pro rata portion thereof) to be paid upon the closing of the sale and purchase of the Owner's Lot, or such other time thereafter as may be set by the Declarant. The annual assessment shall not be increased by more than ten percent (i 0.0%) above the previous year's annual assessment without the priorapproval of a greater increase by a majority of the members of the Association WPI30MMOG'RE3MOV,WHILSKY.OFFIGEPARK (Page 6 of 10) at a duly called annual or -special meeting. Atsuch time as the annual assessment is proposed to be changed from the initial annual assessment amount, the budget and the proposed annual assessment to be levied against each Lot shall be delivered to each Owner no later than ten (10) days prior to such annual or special meeting. The annual assessments shall be equally divided among the Lots. The budget and the annual assessment shall'become effective, unless disapproved at the annual meeting by either: (i) the Declarant, so long as there is a Class B membership, or (ii) a vote of a majority of the Owners voting In person or by proxy at such meeting with a quorum (as established bythe By -Laws of the Association) being present. In the event the proposed budget is not approved or the Board of Directors fails for any reason to determine the budget for the succeeding year, th ntil a new budget has been established as provided herein, the budget and annual assessment In effe for a then current year shall continue for the succeeding year. If any budget at any time. proves to b adequa a for anyreason, the Board may call a meeting of the Association for the approval of a special ection Y. oecial Assessments. In addition to the annual assessment authorized above, the A oci ion y 1 , in any assessment year, special assessments for expenses incurred to comply with the rm d Area and joint Easement Area expenses, applicable to.that year only, provided that any su s sm t -sh I have the assent of a majority of'the votes of the members of each class voting in person orb oxy a m ting duly called for such pur*pose, and so long as such assessment applies to the appropria a Cate ry her or. Section S. N ti f ctiorf AuthorlZed Under ti ns 3 and -A. Written notice of any meeting.called forth u o e of in ny action authorized under Section 3 or 4 above shall be sent to all members not less th n (10 d ys n r , an thirty (30) days In advance of the meeting. Section 6. Rate o. ssessme ,inn an special assessments must be fixed at a uniform rate on all Lots and Owners. Section 7. Date of Comme eme t of nnua sse sment: Due Dates. The annual assessment to be paid by Owners provided for herein a co ' mein ea Lot an the date of closing of said Lot. Declarant, Its successors and assigns, shalI or ie o the annual assessment for the Lots owned by the Declarant, If any, until January 1, 009 Co racto and builders holding title to any Lot or Lots solelyfor the purpose of constructing a bull he on fo resale or reconveyance likewise, shall not be obligated.to pay any assessment. The due dates s all be is by the Declarant until there is no longer a Class B membership' and then by the Board. Th soct n hall on demand, and for a reasonable charge, not to exceed twenty-five dollars ($2 . ). furn' ' ce ifi ate gned by an officer of the Association setting forth whether the assessments on a pec ie en paid. A properly executed certificate of the Association as to the status of asses en n speci ed Lot shall be binding upon the Association as of the date of issuanee. If the Association espo to any such request, any lien outstanding shall be deemed to have been extinguished. Ail ch re es(s-i9kik be sent to the Association in the same manner as provided for notices in Section 6 her f. Section 8. Effect ofNonpaymentofAssessment :Remediesafthe ocfaYion. y essm t: which are not paid when due shall be delinquent, if the assessment is not pald w 1n th ( )day fter its due date, the' assessment shall bear interest. from the date of delinquency at t e f ten ercent (10.0%) per annum. in such case, the Association may accelerate, at its option, the entl a unpa' balance of the assessment and may bring an action at law against the Owner personally obligate p the same, or foreclose the lien against such Owner's Lot, and interest, casts, including reasonableatta ys' fees, of any such action shall be added to the amount of the assessment. Each Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions -against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for enforcement of liens against real property. The lien provided for in this Section shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall the power to purchase any Lot at any sale and convey the same for the purpose of protecting its lien. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, V,P000SIDOCIR ESTOOV ICKLSKY.OFFICE. W IRK (Page B of 10) abandonment of his Lot or by renunciation 'of membership in the Association. An Owner may give to the Association, nevertheless, subject'to acceptance thereof by the Association, a deed in lieu of action on lien. Section 9. Subordination of Lien to First Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or first purchase money security deed of trust representing a first lien on said property. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale ortransfer of any Lot pursuant to foreclosure or any proceeding in lieu of foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale of transfer. No sale or transfer shall relieve such Lot from liability far any assessments thereafter becoming due or from the lien Ormof. ARTICLE VI cept s erwise provided herein, the Association shall maintain and keep in good repair all port ns e o n Area and joint Easement Area, together with improvements thereon. The Associa 's sp sibili with respect to the Common Area and Joint Easement Area shall be deemed to include the mai ' nanc re it and replacement of the 5tormwater Pond as maybe required under the Permit, the pr' to str s r drl es, designated as Marlin Drive, Tarpon Trail, Pampano Place and Cobia Court and the Subdiv 'on id tific ion sigri(s), if any, constructed or situated on the Common Area, joint Easement Area an in a e t. Notwithstandi th rego a Owner of any Lot shall be. obligated to repair any damage to Marlin Drive, Tarpon Tra , rnpa ace Co urt; any other easement areas shown on the recorded plat of the Subdivision or Lot res I ng fr uc er's construction, repair, and maintenance activities or the negligent or intentional amage estr on f.same by the Owner, his/her employees, agents, contractors or invitees. The Declarant, orthe Associati , asap , intain an action in court having jurisdiction for the costs of repairs which are the I _ al o iga n Qf _ L_ ngr, together with all 61lection costs, including reasonable attorney's fees, an ns incur ur ing such action. The costs shall not constitute alien on.said Lot unless and until th final j h court shall be entered in the office of the Clerk of Court'of Onslow County. Any s Ile obt ned s all be subordinate to any first deed of trust. nn, I1.I.GV4JJ r` USE RESTRICTIONS Section 1. Except as hereinafter provided, all Lots shall b��Klety r ice and institutional purposes as allowed, either as a "permitted use" or "special use, underOgt& tional zoning ordinance of the City of Jacksonville Zoning Cede, as now provided, ana Section 2. For a period of twenty—five (25) years from the date of rec1K fa of is D clarat' n no Lot nor any future subdivided lot of the Subdivision, shall be used for any of the folio75: a. chiropractic office; b. tattoo parlor; c. bingo parlor ; d. any adu It entertain ment business, speclfically including, but not limited to, the production, sales, distribution or use of pornographic materials. WPDOCSIDOClRESTCOV.S tRILtKY.OFFICE.PARK (Page 7 of 10) ARTICLE Vill STORMWATER MANAGEMENT (A) The following covenants and restrictions set forth in this Article are intended to insure continued compliance with State Stormwater Management Permit Number SW80605W as issued by the Division of Water Quality, under NCAC 2H.1000. (8) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. ( e covenants set forth in this Article pertaining to stormwater may not be altered or rescinded without he a ress written consent of the State of North Carolina, Division of Water Quality. (D) Aft ration of the drainage .as shown on the approved plans may not take place without the co Urrenc,fi!'of thpRivision of Water Quality. (EYThe maj im allowable built -upon area ("BUA') per lot is as follows, It 5 o on Area) Lo 7 Lot 8 Lot 9 Lot 10 Lot 11 / Lot 12 (/ TOTAL These allotted amoune pc uc impervious materials Incorporate boundaries, and that portion of the r Built upon area includes, but is not -0- square feet 50,331 square feet { 56,012 square feet 7 - S1,131 square feet 45,323 square feet , 26,744 square feet - 67;306 square feet 56,441 square feet -/—� 35'U85 square feet coquina and parking areas, but does n in lu swimming pools. (F) All runoff from the built -upon areas t be accomplished through a variety of means, discharges into the stormwater facility; appropriat drain into the stormwater facility; or graded swales facility. Including buildings, parking, sidwalks and other bdivision, constructed within the Lot property he ont lot line and the edge of the pavement. vas4mcl oncrete, gravel, brick, stone, slate, decking or the water surface of he of st dr n Into the permitted system. This may i . a p' ed collection system, which ultimately e g tiding o ch that the built -upon surfaces whj co t rpnaff a direct it into the stormwater (G) Each Lot whose ownership is not retained by the p rmit e,, q o submit a separate stormwater permit application to the Division of Water Quality a rec a ermi prior to construction. (H) These covenants are to run with the land and be binding I per n nd parties claiming under them. �- ARTIf_'LE IX v v U MISCELLANEOUS RESTRICTIONS Section 1. Sians. No pole signs shall be allowed on the Subdivision, the Owners Lot or y future subdivided lot of the Subdivision. Monument signs and other decorative signs which are ere do the same elevation as the building pad for the main building on a subdivided lot are permitted. No sig -strutting the roofline of any building in the Subdivision or the Owners' Lot shall be permitted. Section 2. Parkins Lot Liahtina. All parking lots situated in the Subdivision, the Owners' Lot and any future subdivided lot of the Subdivision, shall be illuminated by lighting fixtures and facilities similar to the existing parking lot lighting fixtures and facilities on the Schilsky Chiropractic Center lot, i.e. Lot Z-A as shown on the map recorded In Map Book 43, Page 153, Onslow County Registry. 4Ya6o�ubflkE�r�bilsCNtLsiN.bRFk:E.�d�R (Page 8 of 10) Section 3. Lot Maintenance and Landscaping. The Owner of any Lot constituting a portion of the Subdivislon ,shall at all times keep"such 'Lot, and any buildings, improvements and appurtenances thereon, in a clean, attractive condition. The Owner of any Lot, which has been improved by construction of any Building or 6f & structure, shall •replace any dead or diseased plants or other ve§etatlon therefrom. Within a reasonable time following the construction of any improvements on a Lot of the Subdivision, but not later than thirty (30) days following completion of such improvements, the Owner of such Lot shall plant a minimum of two (2) palm trees, approximately fourteen (14) to sixteen (16) feet in height, in each corner of such Lot. Provided,••however, in the event the corner of a Lot is adjacent to an existing parking lot without a curb,,no palm trees shall be required to be planted. 5 ct 4. Garbage/Trash Removal and Enclosures and Lot Maintenance. Each Owner shall remov this r/their/its sole expense any trash, garbage or rubbish of any character whatsoever which may ist 0111AALot and shall repair and maintain any damage or wear and tear adversely affe;rting the ap grant of suc . Dumpsters or trash containers shall be screened from public view by wood or brick fe ced-i enclos es o all four (4) or and shall be located in the rear of the main building as close to the re bo ndary li e o ch Lot as reasonably possible. Section 's Obliciatign to Maintainn it DamMM. Notwithstanding any right or obliga th Assoc' ion to maintain and repair the Common Area and joint Easement Area, it shall be the primary spons ' Ity each Owner of a Lot to maintain the Lot ina clean, attractive condition, including keep g th gr ssed areas mowed, and to repair any damage to the Common Area or joint Easement Area, a n mpro ements thereon, caused by or resulting from any actor failure to act,by said Owner, or Owner's co tracto .gents, ployees, customers, clients, patients, Invitees, vendors ortenants. The Association shall b en i ed to ov from such Owner all costs and expenses, including reasonable attorneys' fees, incurred y eA o�.iatio f t e pair or replacement of any damage caused by such Owner, or Owner's contractor ag, em I ees(us mers, clients, patients, invitees, vendors or tenants. Enforcement shall be by proceedings a law or attempting to violate any covenant, either to restkin 4 EV�st any person or person violating or s orto recover damages, Except as to Article Vill, Stdrmwater Management, these trlc lon, modified, canceled 4r changed at any time as tQ said 5pbdlyislgn as akwqW part thereof, by written document executed by the Declarant or its succeksol not less than sixty percent (60%) of the subdivided lots or parts of said Subd apply, and recorded in the Office of the Register of Deeds -of Onslow County, I owns sixty (60%) percent or more of the subdivided lots, the Declarant may a without the consent of any other Owner. Any modification of Article Vill shall the Division of Water Quality as provided therein. ARTICLE XII r F are s ject to being altered, lr a to subdivided Lot or titli by the owners .of require t of These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these Covenants are recorded, after which such time such Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part, with the exception of Article Vill, which shall require the written consent of the Division of Water Quality as provided therein. wroocsQQCMEsrcov,$QHiLScr.otFipernapc (Page 8 of 10) ARTICLE XIII SEVERABILITY Invalidation df anyone of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed by its Manager with authority duly given, as of the day and year first above written. SCHILSKY. OFFICE PARK,; .L.C., a Forth Carolina limited liability company, (SEAL) By: I t I ';m_ i V 1 1 ; RANDY M. SCHI SKY,�{s aha*' STATE >yQR't I AROL A COUNTY OF ON OW Before e s ally a peared RANDY M. SCHILSKY, who acknowledged to me that he is -the Manager of SCHILSKY OFFI ARK, .. orth Carolina limited liability company and that he executed the foregoing instrumen n b If of 'd Ited liability company, with authority duly given by its member, as the act of said limite al lllty pan an a purposes therein stated, in the capacity indicated. Witness my hand an offi i4 stam set, s -XV day of June, 2006. Ad Publ n for the County V i inted �of e i �• �th1 �•-c�Wa.►f c�i, My commission expires: a� otl►19y '� . r V U o AU��! �" D ysl Dw Cam, WPROC61DOC1RESTCOVSCHILSKY.OFFK:EAARK (Page mofm) m r mw, ,f-!Y'e�Zy Ed ds, Jr. WY