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HomeMy WebLinkAboutSW8101018_CURRENT PERMIT_20210804STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 M Lp ► g DOC TYPE [] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 0 21 0904 YYYYMMDD 'i. ROY COOPER Governor ELiZABETH S. BiSER 5eaetory BRIAN WRENN Director August 4, 2021 RHGC Investments, LLC Attn: Robert Langdon, Manager 223 US 70, Suite 100 Gamer, NC 27529 NORTH CAROLINA Envbwwwntal Quality Subject: Permit Renewal State Stormwater Management Permit No. SW8 101018 Cape Fear Dialysis New Hanover County Dear Mr. Langdon: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on August 2, 2021. The Division is hereby notifying you that permit SW8 101018 has been renewed on August 4, 2021, and shall be effective until December 29, 2028, which includes all available extensions. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans originally approved on November 29, 2010 and most recently revised on December 1, 2011, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, 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 by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. :ME Aft� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources / Wilmington Regional office 1 127 Cardinal Drive Extension I wihnington. North Carolina 28405 910.7%.7215 r�. State Stormwater Permit No. SW8 101018 Page 2 of 2 If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov. Sincerely, .� Brian Wrenn, Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents DES/ams: \\\Stomlwater\Permits & Projects\2010\101018 HD\2021 08 permit 101018 cc: Wilmington Regional Office Stormwater File D_E QZ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 iwae�r cwmiw State Stormwater Management Systems Permit No. SW8 101018 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 RHGC Investments, LLC Cape Fear Dialysis Enterprise Drive, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter collectively referred to as the "stormwater rules') the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until November 29, 2028, 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 1.7 on page 2 of this permit. The stormwater control has been designed to handle the runoff from 81,927 square feet of impervious area. 3. A 50' wide vegetative buffer must be provided adjacent impounded structures, streams, rivers and tidal waters. 4. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans. The built -upon area for the future development is limited to 4,504 square feet. 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 runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. Page 1 of 5 State Stormwater Management Systems Permit No. SW8 101018 The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 2.9 Onsite, ft2: 126,222 Offsite, ft2: None b. Total Impervious Surfaces, ft2: 81,927 Onsite, ft2: 81,927 Offsite, ft2: None C. Design Storm, inches: 1.5 d. Average Pond Design Depth, feet: 3 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 32 g. Permanent Pool Surface Area, ft2: 9,521 h. Permitted Storage Volume, ft': 10,351 i. Temporary Storage Elevation, FMSL: 32.9 j. Pre-dev. 1 yr-24 hr. discharge rate, cfs: 3.66 k. Controlling Orifice: 2"0 pipe I. Orifice flowrate, cfs: 0.06 M. Permitted Forebay Volume, ft': 4,740 n. Fountain Horsepower N/A o. Receiving Stream/River Basin: Smith Creek / Cape Fear P. Stream Index Number: 18-74-62 q. Classification of Water Body: "C;Sw" II. SCHEDULE OF COMPLIANCE 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. 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 time provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. 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 re -vegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. 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 DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 101018 5. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 6. 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. 7. 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. 8. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 9. 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. 10. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 11. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. III. GENERAL CONDITIONS Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 101018 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants, b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; 5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; C. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 9. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 12. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Page 4 of 5 State Stormwater Management Systems Permit No. SW8 101018 Permit renewed, updated and reissued this the 4th day of August 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �..�{'Vl.►�X.4n� �T aanWrenn; erector ` Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Attachment C - Permitting History Cape Fear Dialysis Permit No. SW8 101018 Approval permit Action BIMS Description of the Changes Date Version 11/29/2010 Original 1.0 Approval reallocating 216 square feet of impervious area for future building expansion towards a proposed generator building located adjacent to the proposed dumpster enclosure. The total amount of BUA allowed for future development has been reduced from 4,720 12/1/2011 Plan Revision 1.1 square feet to 4,504 square feet. , a driveway entrance has been removed with this Plan Revision but the allowable BUA for the asphalt parking / streets category has not been reallocated to future BUA at this time per engineer's request. 8/4/2021 Renewal 2.0 Permit Number: (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important 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 detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankmer After the wet detention pond is established, it should be inspected once within 24 hours after every storm event greater than 1.0 inches (or 1.5 Coastal County). Records of operation and maintenance should be kep location and must be available upon request. Inspection activities shall be performed as follows. Any problems that be repaired immediately. BMP element: Potentialproblem: How I will remediate the roblem: The entire BMP Trash/debris is 2resent. Remove the trash/debris. The perimeter of the wet detention basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer a lication. Vegetation is too short or too I_ Maintain vegetation at a height of approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of BMP element: The inlet device: pipe or swale The vegetated shelf The main treatment area Permit Number: (to be provided by DWQ) Drainage Area Number: pipe is clogged. The pipe is cracked or otherwise damaged. Erosion is occurring in the swale. Sediment has accumulated to a depth greater than the original design depth for sediment storage. has occurred. Weeds are present. Best professional practices show that pruning is needed to maintain optimal plant Plants are dead, diseased or dying. Weeds are present. Sediment has accumulated to a depth greater than the original design sediment storage depth. Algal growth covers over 50% of the area. Cattails, phragmites or other invasive plants cover 50% of the basin surface. How I will remediate the probl Unclog the pipe. Dispose of the sediment off -site. Replace the pipe. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Prune according to best professional practices Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a professional to remove and control the algal rowth. Remove the plants by e with pesticide (doppQ p W). OLD Form SW401-Wet Detention Basin O&M-Rev.4 V_� Page 2 of 4 Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. 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 4.5 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 32.0 29.0 1 Pe manen Pool --------------- -- Volume Sediment Removal Elevation 27.5 Volume 28.0 -ft Min. ----------------------------- ------------ ------ Sediment Bottom Elevation 26.5 1-ft 4r Storage Sedimei Storage FOREBAY MAIN POND 0c, 2 9 2010 Form SW401-Wet Detention Basin O&M-Rev.4 _ _ , __ __—N e 3 of 4 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the 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. Project name:Caoe Fear Dialysis BMP drainage area number:I Print name:Robert E. Langdon II Title:Member Manager Address:223 Highway 70 East, Suite 100, Garner NC 27529 Phone Signat I���.r-4-,Ar. Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, V Icki r, s• Moore— , a Notary Public for the State of KI064 GafoI one.. , County of Lc-Yloi r , do hereby certify that Rbber4 2 - Lang AON I personally appeared before me this 2&5 day of D" :6 her , oZo10 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, IISII IIMOO9///'/ V) \ �� �p'T A q y F !� AUBI�G 2 20 ot�IICI111000, \\\\ SEAL My commission expires bedcrmbe+- 91 .7013 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 �, ULMLK UJL UNLY Dale Receiv d IFee Paid Permit Number - s a �t53 3 05= 'ct) 0101E- NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60. (c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8101018 2. Project name: Cape Fear Dialysis 3. Project street address: 3005 Enterprise Dr, Wilmington, NC 28405 City: County: New Hanover ZIP : 4. What, if any, changes have been made to the project as permitted? None If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energv- mineral-la nd-resources/energy-miners I -la nd-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at. https://deg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: RHGC Investments LLC 2. Signing Official's Name: Robert Langdon 3. Signing Official's Title: Manager 4. Mailing Address: 223 US 70, suite 100 City: Garner 5. Street Address: NC —ZIP: 27529 City: State: ZIP: _ 6. Phone: (919662-1320) Email: rlangdon(d)langdoncpa.com, gray(oo)hillgrayseven.com AUG 0 2 2021 BY:_ Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORIM. Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act," c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner, e. Sole proprietor, or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ® 1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: ® A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division, or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. NA 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration AUG 0 2 2021 BY_ Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION I10s" Ac. l`'"n4 Z� -,the person legally responsible for the permit, certify that I have a copy of the Permit and MM Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and � complete. Signature: Gi4CClf OS �7/�J r�ttf� Date: .7 a202 7• O� [ , /r/i.Ae1fzp a Notary Public for the State of County of do hereby certify that P personally appeared before me this the day of 20�, and acknowledge the due ap' f a e e�aflonCbf'%J�%Qing instrument. Wi ness my hand and official seal, ��O NOTARV 'r��y UP PUBUG a (` Si�gnatu y�S nr CO,S��` . My commi199ion expires a 19 alp, �— - _J1 yW AUG 0 2 2021 BY.•-_ Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 1 Permit No.- tj,?1,-2jd/e (to be Provided by DWQ) �W A' �rF9q NCDENR �r STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. I..i P-ROJEC7IN FORMATION Project name Contact person Phone number Date Drainage area number II..N DESIGNI IN FORMATION Site Characteristics Drainage area 126,222 rya Impervious area, post -development 81,927, ftz %impervious 64.91 % Design rainfall depth Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff Post -development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the pre/post control of the lyr 24hr storm peak flow required? 1-yr, 24-hr rainfall depth Rational C, predevelopment Rational C, post -development Rainfall intensity: 1-yr, 24-hr storm Pre -development 1-yr, 24-fir peak flow Post -development 1-yr, 24-hr peak flow Pre/Post 1-yr, 24-hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation (approx. at the perm. pool elevation) Top of 1Oft vegetated shelf elevation Bottom of 'Oft vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) Sediment cleanout, bottom elevation Sediment storage provided Is there additional volume stored above the state -required temp. pool? Elevation of the top of the additional volume 1.5 in 10,006 ft3 10,351 fl3 ft3 ft3 ft3 ft3 ft3 Y (Y or N) OK OK, volume provided is equal to or in excess of volume required. 3.9 in 0.25 (unitless) 0.71 (unidess) 5.05 iNhr OK 12.20 ft3/seC 30.26 ft3/sec 18.06 ft3/sec 32.90 fmsl 32.00 hnsl 32.50 frnsl 32.50 fmsl 31.50 first 26.50 fmsl 25.50 fmsl 1.00 it Y (Y or N) 32.9 fmsl OK oC� 29 ti010 Form SW401-Wet DetenUon Basin-Rev.8-9/17/09 Parts DENR Supplement, Page 1 of 2 Permit No. (ro be provided by Il.I DESIGN! IN FORMATION Surface Areas Area, temporary pool 12,944 flz Area REQUIRED, permanent pool 9,517 ft" SAIDA ratio 7.54 (unitless) Area PROVIDED, permanent pool, A a,,,y 9,521 f` OK Area, bottom of 10ft vegetated shelf, Ay._,„, 6,918 f` Area, sediment cleanout, top elevation (bottom of pond), Auld 350 ft Volumes Volume, temporary pool 10,351 rya gVALUEI Volume, permanent pool, V.-. 22,572 ft' Volume, forebay (sum of forebays if more than one forebay) 4,740 ft' Forebay %of permanent pool volume 21.0% % OK SAIDA Table Data Design TSS removal 90% Coastal SAIDA Table Used? Y (Y or N) Mountain/Piedmont SAIDA Table Used? N (Y or N) SAIDA ratio 7.54 (unitless) Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) - n (Y or N) Volume, permanent pool, Vo, _,, 22,572 f' Area provided, permanent pool. Aa,,,_py 9,521 fit` Average depth calculated It Need 3 ft min. Average depth used in SAIDA, d„, (Round to nearest 0.5ft) It Calculation option 2 used? (See Figure 10-2b) Y (Y or N) Area provided, permanent pool, A.... 9,521 e Area, bottom of 10f vegetated shelf, A,_. 6,918 If Area, sediment cleanout, top elevation (bottom of pond), A,., 350 e 'Depth' (distance blw bottom of 1Oft shelf and top of sediment) 5.00 It Average depth calculated 3.06 It OK Average depth used in SAIDA, d„, (Round to nearest 0.5ft) 3.0 ft OK Drawdown Calculations Drawdown through orifice? Y (Y or N) Diameter of orifce(if circular) 2.00 in Area of orifice (if-non-cimular) in' Coefficient of discharge (CD) - 0.60. (unitless) Driving head (Ha) 0.30 If Drawdown through weir? N (Y or N) Weir type (unitless) Coefficient of discharge (C.) (unitess) Length of weir (L) It Driving head (H) ft Pre -development l-yr, 24-hr peak flow 3.66 ft/sec; Post -development 1-yr, 24-hr peak flow 10.39 ft'/sec Storage volume discharge rate (through discharge orifice or weir) 0.06 f'/sec Storage volume drawdown time 2.08 days OK, draws down in 2-5 days. Additional Information Vegetated side slopes 3 :1 OK t C�Iv Vegetated shelf slope 10:1 OK �-/ Vegetatedshelf elpathttohwidth Length ,o.s It n 9 1o\O of ratio OK OC� u Length to width ratio Trash rack for overflow 8 orifice? - 3.5 :1 Y (Y or N) OK OK Freeboard provided 3.1 It OK $� Vegetated filter provided? N (Y or N) OK Recorded drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Drain mechanism for maintenance or emergencies is: Pump - - - - Form SW401-Wet Detention Basin-Rev.8-9117/09 Pans DENR Supplement, Page 2 of 2 i, Permit No. `/eq/ 6 (to be provided by DWQ) III.; REQUIRED ITEMSCHECKLIST' Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Page/ Plan initials Sheet No. �( �I - c 3 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. C a� (' 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: - Outlet structure with trash rack or similar, - Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin cross-section, - Vegetation specification for planting shelf, and - Filter strip. Cf 44 C f-C 3 3. Section view of the wet detention basin (1" = 20' or larger) shoving: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. [w L> 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. C 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. (h& 7. The supporting calculations. cc c4 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. AWA 9. A copy of the deed restrictions (if required). A5�L 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration soil maps are not an acceptable source of soils information. 'r,t aCj 2 9 2010 Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part III. Required Items Checklist, Page 1 of 1 TE 01027 State Stormwater Management Systems Permit No. SW8 101018 Cape Fear Dialysis Stormwater Project No. SW8 101018 New Hanover County Engineer's Certification I, Phillip G. Tripp , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (period ically/weekly/f4A time) the construction of the project, Cape Fear Dialysis (Project) for RHGC Investments, LLC (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 is included in the Certification. Noted deviations from approved plans and specifications: Signature Registration Number 17374 Date a1•a,-(1 SEP 3 0 2pli SEAL CA R'7��i FL........... �i SEAL -_ ma's 17374 State Stormwater Management Systems Permit No. SW8 101018 Certification Requirements: Page 2 of 2 �1. The drainage area to the system contains approximately the permitted acreage. in h (h) 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 93. All the built -upon area associated with the project is graded such that the (� runoff drains to the system. IDS 4. All roof drains are located such that the runoff is directed into the system. -0-5. The outlet structure elevations are per the approved plan. 0-6. The outlet structure is located per the approved plans. 40-7. 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. F-;J, 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. 9,12. Required drawdown devices are correctly sized and located per the approved plans. 913. All required design depths are provided. -9-14. All required parts of the system are provided, such as a vegetated shelf and a forebay. �15. The required system dimensions are provided per the approved plans. � 16. All components of the stormwater BMP are located in either recorded common areas, or recorded easements. R:SEP CEIVED 3 0 2011 BY: ¢V BOUIR PAGE BOOS ,lrE a REBECCAAP AND VERIFIED DEB 1491 I b 5 8 AESISNIN aF S MEW N'N( 00. NO Plp NORTH CAROLZNA, 1 Si ill '90 mu DECLARATION OF COVENANTS t '� Nb1t HANOVER COUNTY. W ti. THIS DECLARATION, Made this �z day of March, 1990, bpj�'�(�S NORTHCHASE CORPORATION, A North Carolina Corporation, hereinafi4ir , o called 'Declarant': IN I T N 8 S S E T H: WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said Property to the protective covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said Property, and each and every lot or parcel thereof, and shall apply to and bind the successor in interest and any owner thereof; NOW, THEREFORE, the Declarant hereby declares that Property V! described in and referred to in Article I hereof is and shall be held, transferred, sold, and conveyed subject to the protective covenants and restrictions set forth below: ARTICLE I THE PROPERTY The real property which is and shall be held, transferred, sold and conveyed subject to the protective covenants and restrictions set forth in the Articles of this Declaration is located in the County of New Hanover, State of North Carolina, and is more particularly described in Exhibit "A' attached hereto and incorporated herein by reference. ARTICLE II DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this Article II shall, for all purposes of this Declaration, have the meanings specified: A. Declarant shall mean Ammons Northchase Corporation, together with its successors and assigns. B. Owner shall mean any person, firm, partnership or corporation legally owning a fee simple interest in any portion of the property, including tenants, as defined herein. a, THIS DOCUMENT IS BEING RERECORDED TO INCLUDE EXHIB T "A" WHICH WAS INR�TEN LY O`MITTQy-; � `•- OCt 2 9 tip\0 seo: PARE 1488 0524 ND"' Al 1491 1559 C. Tenant shall mean a person, firm, partnership or corporation legally possessing a leasehold interest in any portion of the property or improvements thereon. D. Pro rt shall mean the real property described in Article I hereof an sac parcel or lot thereof. E. Building shall mean and include the main portion of a structure built for permanent use on the property, together with all projections and extensions thereof, including but not limited to garages, outside platforms and docks, carports, canopies, shelters, storage areas and porches. F. imoutbu rovman ete shall mean and include, without limitation, buildings, ldange, roads, driveways, parking areas, fences, retaining walls, screening walla, signs, loading areas, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, poles and all other structures or landscaping. ARTICLE III PURPOSES OF DECLARATION The property described in Article I hereof is subjected to the protective covenants and restrictions hereby declared to insure the best use and the most appropriate development and improvements of each parcel or lot hereof; to protect the owners of said parcels or lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of the property, to guard against the erection thereon of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious and appealing appearance and function; to insure the highest and beat development of the property; to encourage and secure the erection of buildings thereon, with appropriate location thereof on lots; to prevent haphazard and inharmonious improvement of the property; to secure and maintain proper setbacks from streets, and adequate free spaces between structures, and in general to provide adequately for a high type and quality of improvement in this property and thereby to enhance the values of investments made by purchasers of the parcels or lots therein; and specifically to provide a means for creating, maintaining, controlling and preserving the property as a high quality Business/office/Industrial Park. ARTICLE IV ALTERATION OF LOT LINES Lots may be combined and lot lines altered with approval from Declarant, but no lots may be subdivided in order to create additional lots. Notwithstanding the foregoing, the Declarant or its assigns say combine lots, alter lot lines or create additional lots. BOL* PACE Bow 'AGE 1488 0526 1491 1960 ARTICLE V EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of the Property and along all front, rear and side lines of each lot or parcel in the Property not to exceed ten (10) feet. Within these easements, no improvement shall be permitted which may damage or interfere with the installation and maintenance of utilities and drainage facilities. The eaaement area of the Property and all improvement in it shall be maintained continuously by Owner except for those improvements for which a public authority or utility company is responsible. ARTICLE VI ANNEXATION OF ADDITIONAL PROPERTY The Property described in Article I hereof is a portion of a larger area of land owned by the Declarant and Declarant may from time to time cause separate and additional declarations and agreements to be filed subjecting other portions of the larger area of land to restrictions similar to or different from those imposed upon the Property subject to this Declaration. In addition, Declarant may cause additional portions of such larger area of land to be subjected to the terms of this Declaration in the manner specified hereinafter. Only the Property described in Article I and such additional property as shall be specifically subjected to this Declaration shall be subject to this Declaration and neither anything contained in this declaration nor in any recorded or unrecorded plat, map, picture, drawing, brochure or other representation of a schem of development, shall be construed as subjecting, or requiring Declarant, to subject to this Declaration, any property or land now or hereafter owned by it other than as herein defined. The fact that term or provisions set forth in separate or additional declarations and agreements relating to the property or lands other than the Property described in Article I may be similar or identical, in whole or in part, to this Declaration shall not be construed to man that it was the intent or purpose therein to subject any additional property of lands to this Declaration or any term or provisions thereof. Declarant may, from time to time, in its absolute discretion, annex additional lands to the Property described in Article I and thereby subject the same to this Declaration, by execution and filing for recordation with the Register of Deeds of New Hanover County, North Carolina, an instrument expressly stating an intention so to annex and describing such additional lands to be so annexed. ARTICLE VII DEVELOPMENT PLAN REVIEW The following items shall be submitted to Dsclarent for review and approval thereof shall be received from Declarant prior to any construction or improvements to the Property: -' 80M r1CF 8qa .arf 1488 0526 1491 1561 A. Land Plan for the Property, including the followings (1) Location and orientatin of structure (2) Circulation (a) Traffic flow and parking (b) Loading areas and service areas (c) Service areas (3) Landscape and planting plan (4) Exterior mechanical equipment and storage tank location (5) Walkways and utility locations H. Site Engineering Plan for the Property, including all sedimentation and impoundment as required by local authorities. C. Architectural Plans for the Property including the following: (1) Building Plans (2) Elevations (3) Specifications (4) Signs (5) Exterior Lighting (6) Dumpster location and screening ARTICLE Vill METHOD OF APPROVAL whenever required herein, approval shall be requested by owner by submitting the same in writing to Declarant at Ammons, Morthchase Corporation, 2832 NorthChase Parkway West, Wilmington, North Carolina 28405, or at such other place as shall be from time to time designated by Declarant. Approval shall not be considered granted unless specifically given in writing by Declarant; however, Declarant shall not unreasonably withhold or delay its approval of plans, specifications, etc., and if the Declarant has not requested additional information or notified the applicant of disapproval with reasons therefor within twenty (2 0 ) days after the preliminary information requesting approval Of plans is submitted to it, then such plans shall be deemed approved, and construction may commence. Neither Declarant nor its successors or assigns, shall be liable in damages to Owner by reason of mistakes in judgment, negligence, or non-feasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person who submits plans to Declarant agrees that by submission thereof, he will not bring any action or suit against Declarant to recover any such damages. � BOOK PAGE Blhlr 1488 0527 1491 1962 Every owner or person who now or hereafter owns or acquires any rights, title or estate in any portion of the property is and shall be conclusively deemed to have consented and agreed to every covenant and restriction contained herein whether or not reference to this Declaration is contained in the instrument by which such owner or person acquired an interest in said property. ARTICLE IX DEVELOPMENT STANDARDS Declarant reserves the right to waive, alter or modify each standard set out, provided waiver is to be in writing and recorded. A. Use Use of the Property and all improvements thereon shall be the building, maintenance and operation of offices, small business facilities and manufacturing facilities. No improvement on the Property shall be used for shopping center and/or retail food sales without the approval of Declarant. Only high quality and environmentally controlled uses will be allowed, i.e., no noxious odors or fumes, no release of wastewater other than domestic strength to the on - site facilities and no use that creates excessive noise as determined by Declarant. B. Building Materials No metal wall may be used on the front or side exterior elevations of any buildings, with the exception of temporary metal wall sections will be permitted to allow for future expansions. C. Outbuildings Outbuildings, with the exception of construction facilities during actual construction, must comply with all pertinent setback requirements and must be constructed of compatible materials with those utilized in the primary building construction on said lot. D. Setbacks All buildings shall be constructed to have a minimum set- back of fifty (50) feet from any street right-of-way to the face of the building. Notwithstanding the foregoing, lots of less than two hundred fifty (250) feet in depth shall have a minimum setback of thirty (30) feet unless specifically approved in writing by the Declarant. All buildings constructed to have a minimum setback of fifteen (15) feet from any property line (other than a street right-of-way) to the face of the building. 9DDa pM PAK PAGE 1488 052e 1491 1563 E. Percentage of Parcel Covered In no event shall more than fifty 150) percent of the area of any lot be covered by buildings. F. Parking Areas. Loading Areas and Driveways 1. All parking areas and driveways shall be constructed to have a minimum setback of ten (10) feet from any street right of way. 2. All parking areas and driveways shall be constructed to have a minimum setback of five IS) feet from any property line other than a street right of way. 3. Loading areas shall not encroach into setback areas, and shall be screened so as not to be visible from any street, and to minimize the effect of their appearance from neighboring property. a. Loading areas shall, if facing on a street or highway, be a minimum of 100 feet back from the right-of-way line of that street or highway and shall be screened so as not to be visible from that street or highway and to minimize the effect of their appearance from neighboring property. G. Parking, Loading end Unloadin No damaged vehicles shall be parked Of the Property. Delivery vehicles Itrucks, shall not be allowed to remain in the parking of any building for extended periods of time. shall be allowed by any firm or business. N. Service Screening, Storage Areas or stored in open areas trailers, and/or vans) area located in front No onstreet parking Garbage and refuse containers will be concealed and contained within buildings, or shall be concealed by means of a screening wall or material similar to and compatible with that of the building. These elements shall be integral with the concept of the building plan, be designed so as not to attract attention, and shall be located in the most inconspicuous manner possible. Unless specifically approved by Declarant, no materials, supplies or equipment shall be stored on the property except inside a closed building. Exterior air- conditioning units and rooftop mechanical units shall be screened with approved materials. No outside storage or displays shall he allowed on the Property unless specifically approved in writing by Declarant. B00F ?AGE - BM1A PAGE 1488 0529 1491 1564 I. Landscaping All property shall be landscaped according to plans approved by Declarant, within ninety (90) days following occupancy or completion of the building whichever first occurs. All shrubs, trees, grass and plantings of every kind shall be kept neatly trimmed, properly cultivated and free of trash and other unsightly material. Appropriate provisions shall be provided by Owner for watering and other maintenance of the grounds including the rights -of -way on which their property abuts. In the event Owner shall fail to comply with these requirements, Declarant shall, after first giving Owner ten (10) days notice in writing, have the right to carry out such work and/or maintenance and the total cost of same, including attorney fees, may be charged to the Owner and collected by proceedings at law, if necessary. J. Lighting All street and site lighting shall be approved by Declarant. Owner will be obligated for monthly light and maintenance bills for any street lights on its land or adjacent street right-of-way prior to the time fo city annexation and the assumption of these charges by the city. K. Advertising All signs for advertising or otherwise must comply with zoning regulations and be approved by Declarant. L. Antennas No mast or tower for an antenna, whether transmitting, receiving, or both, shall be placed on any site or building unless specifically approved by Declarant. In no event shall an antenna have a wooden mast or tower. M. Power and Coasx=ication Lines All secondary power lines and communication lines on any site shall be placed underground and no portion of any line shall be situated so as to be in public view. N. Mailboxes No mailboxes shall be permitted on the Property. O. Storage Tanks No storage tanks, including but not limited to those used for storage of water or propane gas, shall be permitted on the Property. I ` BUW rif.E BOW PAGE 1488 0530 1451 1565 P. Mineral Exploration The property shall act be used in any manner to explore for or to use any oil, or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance or other mineral of any kind. Q. Hobbies Hobbies or activities that tend to detract from the aesthetic character of the property and improvements used in connection with such hobbies or activities shall not be permitted in open areas unless carried out or constructed as directed by Declarant. This paragraph is intended to include, but not be limited to, such activities as automotive repair, boat repair and sports equipment placed on the Property. R. Nuisances No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the property and no odors shall be permitted to arise therefrom so as to render any portion of the property unsanitary, unsightly, offensive, or detrimental to any of the property or to the occupants thereof. Without limiting any of the foregoing, no speakers, horns, whistles, belle or other sound devices, except security devices used exclusively for security purposes shall be located, used or placed on the property. Nothing contained in this paragraph shall be construed to prohibit the maintenance by Owner of regularly cleaned garbage and trash containers as approved by Declarant. No livestock and/or poultry shall be allowed either temporarily or permanently on the property. S. Maintenance The owner of any tract in this district must at all times keep the premises, buildings, improvements and appurtenances in a safe, clean, presentable condition and comply in all respects with all government, health and policy requiremeI and any owner will remove at his own expense may rubbish of any character whatsoever which my accumulate on said property. ARTICLE x DESIGNATION OF COMMITTEE The rights and duties granted Declarant herein may be assigned and/or delegated at a later date to a Committee of Owners appointed by the Declarant. ;r. PARE soap PACE 1468 0531 1491 1566 The committee appointed shall obtain the consent of a majority of the Owners before taking action. Each separately owned lot shall be entitled to one I1) vote, regardless of aize, and larger lots shall have one vote for each three (3) acres of lot size, but in no event shall any lot owner have more than five (5) votes. ARTICLE XI RIGHT Of ENTRY During reasonable hours, Declarant and any member of any future Committee or any authorized representative of either of them shall have the right to enter upon and inspect any building or other improvement of the Property for the purpose of ascertaining whether or not the provisions of these covenants and agreements have been or are being complied with and such persons shall not be deemed guilty of trespassing by reason of such entry. ARTICLE 2II TERM The covenants and restrictions contained herein are to run with the land and shall be binding on Owner and all persons claiming under them for a period of thirty (30) years from the date of recording. As stated herein, Declarant reserves the right to waive violations of the requirements of Article IY hereof without the joinder of any Owner. Every owner or person who now or hereafter owns or acquires any rights, title or estate in any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant and restriction contained herein whether or not reference to this Declaration is contained in the instrument by which such owner or person acquired an interest in said Property. ARTICLE YIII If, after the expiration of two years from the date of execution of a contract for the sale of any lot lying within such MorthChase Park of Commerce, any purchasers shall not have begun in good faith the construction of a permanent building upon such lot, Declarant, its successors and assigns, retain the option to rescind such contract, refund the purchase price without interest, and enter into possession of such land and demand a Deed from owner free and clear of all encumbrances except for easements and restrictions of record. Declarant, its successors and assigns, may "tend in writing the time at which such construction may be begun. BOOK PAGE gqp e'AGE 1488 0532 1491 1567 ARTICLE %IV ENFORCEMENT Declarant or any Owner shall have a right to enforce these covenants and agreements by proceedings at law or in equity and either recover damages or restrain violation against any Owner or person violating or attempting to violate any covenant or restrictions. Failure of Declarant or any Owner to enforce say covenant or restriction herein contained shall in no way be deemed a waiver of the right to do so thereafter or the right to enforce any other covenant or restriction. ARTICLE YV SEVERABILITY Invalidity of any one of the covenants or restrictions or any part thereof by judgment or court order shall in no wise affect any other provision hereof. ARTICLE xVI PARAGRAPH HEADINGS The Paragraph headings are intended for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope or intent of the particular paragraph to which they refer. IN TESTIMONY WHEREOF, Declarant has caused this instromeat to be executed in its corporate name by its President, attested by its Secretary, and seale with its corporate seal, all by ,Authpr ty duly given, this /Z day of !larch, 1990. ANNON= S 170 CHASE CORPONATION Lam£ H: O t! F •. 1A� w �: BY Y/VYIl� Presd eat 10 EGw PAGf 1488 0533 NORTH CAROLINA, NEW HANOVER COUNTY. 80110 PAGr 1491 1568 I, the hQersigned Notary Public, hereby certify that S/.�..� / - yyypppr9jnally cans before me this day pnd a nok ge orledet s e s Secretary of Ammons Northchaee Corporation, a corporation, an that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, seal with its corporate seal and attested by herself as its _ Secretary. witness my hand and notarial Seal this 144 1990. day of March, MY commission expires: 7- is-9/ 11 otary PubMc STATE OF NORTH G=O VA New N'p Cq ay P9 Ann aW d wN6 rRiantP 6Wix/ae� tlei9�� >N�4d'Nyyd %/& 19* B00% PAGE 1491 1569 Exhibit 'A• Township of Cape Fear, County of New Hanover, State of North Carolina: (1) All that real property known as Section 1 of NorthChase Park of Commerce recorded In Map Book 28, at Pages 151 and 152 In the New Hanover County Registry, reference to which Is hereby made for a more particular description. NorthChase l Parka ofrCommerteeal ea syrecordedknown s lnMap Section Book 31, at Page 13 In the New Hanover County Registry, reference to which is hereby made for a more particular description. r ;fi` SON[ PACE 1491 1570 STATEMENT OF EXPLANATION OP RE-RECORDING STATE OF NORTH CAROLINA COUNTY OF NEO HANOVER Pursuant to the provisions of North Carolina General Statutes Section 47-36.1, the undersigned, being the attorney who drafted the �`��`nnn,,11 instrument being re -recorded, hereby re-records the DECLXATION OP CO VDIARTS dated Ka��h 12_ :con , which was originally recorded in Book 1499 at Page 0523 in the Office of the Register of Deeds for New Hanover County, North Carolina, in order to correct the following: "''' '�=•� heie_ re-r ded t faclude Exhibit "0 which rae [oadve [ xtly witted from the fire[ recording, a clerical error. 1�• This the 4- day of _ April 1990. POISSON, BARNHILL A BRITT BY: DRAPr 1 I ' This explanation statement together with th attached instrument duly re -recorded at o'clock _s this day of 1990, in the Hook and Page shown on the first page hereof. , NEW HANOVER COUNTY REGISTER OF DEEDS ftbmxaRVAw BY: Deputy/Aa a Register of Deeds