HomeMy WebLinkAboutSW8070843_Current Permit_20080417�F W A TF9
C/) r
�i
April 17, 2008
Alvin Batts, Owner
Royal Palm Development
Post Office Box 2294
Surf City, NC 28445
Subject: Stormwater Permit No. SW8 070843
Royal Palm Development
High Density Subdivision Project
Pender County
Dear Mr. Batts:
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 Royal Palm Development on February 18, 2008. 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 070843,
dated April 17, 2008, for the construction of the project, Royal Palm Development.
This permit shall be effective from the date of issuance until April 17, 2018, 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 Rhonda Hall, or me at (910) 796-7215.
Sincerely,
Z'dVVzhi.' �'\ Q "--,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:IWQSISTORMWATERIPERMIT1070843.apr08
cc: Jason Rupert, E.I., Cavanaugh & Associates, P.A.
Pender County Inspections
Rhonda Hall
Wilmington Regional Office
Central Files
N.U°�B Carolina
dvataM19111Y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwaie quality org Fax (910) 350-2004 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
State Stormwater Management Systems
Permit No. SW8 070843
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
Alvin Batts and Royal Palm Development
Royal Palm Development
J. H. Batts Road and Community Center Drive, Sun` City, Pender County
FOR THE
construction, operation and maintenance of one infiltration basin and 40 infiltration
trenches in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred
to as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until April 17, 2018 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 Sections 1.6 and 1.7on page 3 of this permit. The
subdivision is permitted for 40 lots, each allowed a maximum of 3,660 square
feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The infiltration basin and each of the 40 infiltration trenches mlist be operated
with a 50" vegetated filter.
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.
Page 2of9
State Stormwater Management Systems
Permit No. SW8 070843
0
7.
The following design elements have been approved for this infiltration basin
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres:
Onsite, ft2:
Offsite, ft2•
b. Total impervious Surfaces, ft2:
Driveways, ft2:
Roads/ParkingI ft2:
Sidewalks, ft2:
Offsite, ft2:
c. Basin Depth, feet:
d. Design Storm:
e. Bottom Elevation, FMSL:
f Permitted Surface Area @Bottom, ft2
g Permitted Storage Volume, ft3:
h. Storage/Bypass Elevation, FMSL:
i Type of Soil:
j. Expected Infiltration Rate, in/hr:
k. Time to Draw Down, hours:
I. Receiving Stream / River Basin:
m. Stream Index Number:
n. Classification of Water Body:
2.55
110,950
None
70,641
24,420
33,014
13,207
None
1.6
1.5
16
4,762
8,862
17.60
Pactolus
6.0
3.1
Becky's Creek / Cape Fear
18-87-8
"SA; HQW"
The following design criteria have been provided in each of the 40 infiltration
trenches and each of the trenches must be maintained at design condition:
Infiltration Trenches 2 —41 (Typical)
a. Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
b.
C.
d.
e.
f.
9•
h.
i.
j•
k.
I.
m
n.
o.
Total Impervious Surfaces, ft2:
Design Storm, inches:
Trench Dimensions, L x W x H, ft:
Perforated Pipe Diameter/Length:
Bottom Elevation, FMSL:
Bypass Weir Elevation, FMSL:
Permitted Storage Volume, ft3:
Type of Soil:
Expected Infiltration Rate, in/hr:
Seasonal High Water Table, FMSL
Time to Draw Down, hours:
Receiving Stream/River Basin:
Stream Index Number:
Classification of Water Body:
0.22
9,659
None
3,000
1.5
122 x 2.5 x 2.5
1.25 feet/122 feet
15.83
18.33
401
Pactolus
6
i 3.83
3.12
Becky's Creek / Cape Fear
18-87-8
"SA; HQW"
Page 3 of 9
State Stormwater Management Systems
Permit No. SW8 070843
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.
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. 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.
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 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.
7. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. Infiltration systems should not be used
as erosion control devices, due to the potential clogging. 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. 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.
Page 4 of 9
State Stormwater Management Systems
Permit No. SW8 070843
9. 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.
10. 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.
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.
12. Prior 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.
13. 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.
14. 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.
15. 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 070843, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 3,660 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not
Page 5 of 9
State Stormwater Management Systems
Permit No. SW8 070843
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina
and parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to 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.
16. 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.
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 signed by both parties involved, accompanied by the appropriate
documentation as listed on page 2 of the form. The project must be in good
standing with DWQ. The approval of this request will be considered on its merits
and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Wafer Quality, it
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.
Page 6 of 9
State Stormwater Management Systems
Permit No. SW8 070843
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 17th day of April, 2008.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for L;oieen m. 5umns, uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 7 of 9
OFFICE USE ONLY
Date Received
Fee Paid
Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Royal Palm Development, Owner- Alvin Batts
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Alvin Batts- Owner
3. Mailing Address for person listed in item 2 above:
P.O. Box 2294
City:Surf City
Telephone Number: ( 910 ) 279-6739
State: NC Zip: 28445
4. Project Name (subdivision, facility, or establishment dame - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Royal Palm Development
5. Location of Project (street address):
J.H. Batts Road and Community Center Drive
City: Surf City County Pender
6. Directions to project (from nearest major intersection):
From the intersection of US-17 and NC Hwy. 50, travel east on NC Hwy. 50 three (3) miles Turn
right onto J.H. Batts Road. Turn right just before Community Center Drive.
7. Latitude: 34 26' 23 .81" N Longitude: 779 33' 46.8711 w of project
8. Contact person who can answer questions about the project:
Name: Alvin Batts Telephone Number: ( 910 ) 279-6739
IL PERMIT INFORMATION:
1. Specify whether project is (check one): x New
Fonn SWU-101 Version 3.99 Page 1 of 4
Renewal Modification
ZDOIL—CEIV V
A99 A 0 2007
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
Low Density --!--High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control _404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service. Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project:
Stormwater runnoff from driveways, sidewalks, streets, gutters, and other area within the 60'
ROW will sheet flow to valley curb for eventual discharge to one infiltration pond. On 'lot systems
will be used on each lot to mitigate 3,000 SF of impervious area (Note: Total Lot BUA= 3,660 SF)
2. Stormwater runoff from this project drains to the Cape Fear River basin.
3. Total Project Area: 10.54 acres (LOD) 4. Project Built Upon Area: 42% %
5. How many drainage areas does the project have? �' L
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.
(Infiltration Basin)
Basin Information
Drainage Area 1
Drainage Area 2 - 41 (On
Receiving Stream Name
Becky's Creek Topsail Sound
Becky's Creek Topsail Sound
Receiving Stream Class
SA HOW
SA HOW
Drainage Area
110,950 Sq. Ft.
9 659 Sq. Ft.
Existing Impervious* Area
o Sq. Ft.
0 Sq. Ft.
Proposed Impervious*Area
70,641 Sq. Ft.
3 000 Sq. Ft.
% Impervious* Area (total)
64.0,1
31.05k
Impervious* Surface Area
Drainage Area 1,
Drainage Area 2
On -site Buildings
24,420 Sq. Ft. Of Driveways
3,000 Sq. Ft. Dwelling
On -site Streets
33,014 Sq. Ft.
0
Sq. Ft.
On -site Parking
0 Sq. Ft.
0
Sq. Ft.
On -site Sidewalks
13,207 Sq. Ft.
0
Sq. Ft.
Other on -site (Pump Station)
0 Sq. Ft.
0
S . Ft.
Off -site
0 S q , Ft.
0
Sq. Ft.
I
I Total: 70,541 Sq. Ft.
Total: 3,
000 Sq. Ft.
* Impervious area is defined as the built upon area including, but not Iimited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of
,ot Typical)
7. How was the off -site impervious area listed above derived? Computer Generated
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and 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. SUPPLEMENT 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 Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that ynli have provided the fallowing required. information by initialing in the space provided
next to each item. on
• Original and one copy of the Stormwater Management Permit Application Form ET
• One copy of the applicable Supplement Forms) for each BMP ET
• Permit application processing fee of $420 (payable to NCDENR) ET
• Detailed narrative description of stormwater treatment/management ET
• Two copies of plans and specifications, including: ET
- 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 size--q_ runoff calculations
- Drainage areas delineated
Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): CAWWALM & ASSOCIATES, P.A
Mailing Address: 130 NORTH FRONT STREET, SUITE 202
City: WILMINGTON State: NC Zip: 28401
Phone: ( 910 ) 392-4462
VIII. APPLICANT'S CERTIFICATION
Fax: ( 910 ) 392--4612
I, (print or type name ofperson listed in General Information, item 2)
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
r •'
F
Signature: A � Date:'-"
Form SWU-101 Version 3.99 Page 4 of 4
MAXIMUM IMPERVIOUS SURFACE AREAS
FOR RESIDENTIAL LOTS
LOT
NUMBER
MAXIMUM IMPERVIOUS
SURFACE AREA
(SCE. FT.)
LOT
NUMBER
MAXIMUM IMPERVIOUS
SURFACE AREA
(SQ. FT.)
1
3,660
21
3,660
2
3,660
22
3,660
3
3,660
23
3,660
4
3,660
24
3,660
5
3,660
25
3,660
6
3,660
26
3,660
7
3,660
27
3,660
8
3,660
28
3,660
9
3,660
29
3,660
10
3,660
30
3,660
11
3,660
31
3,660
12
3,660
32
3,660
13
3,660
33
3,660
14
3,660
34
3,660
15
3,660
35
3,660
16
3,660
36
3,660
17
3,660
37
3,660
18
3,660
38
3,660
19
3,660
39
3,660
20
3,660
40
3,660
"+NOTE ', : AVG SQ. FT. PER LOT IS 3,660 SQ. FT.
NOTE 2: TOTAL BUA FOR EACH LOT INCLUDES 3,000 SF BUILDING
ENVELOPE, PLUS A 20- X 33- DRIVEWAY (INCLUDING SECTION OF DRIVEWAY
WITHIN ROW). SIDEWALKS AND CURB ARE NOT INCLUDED IN BUA.
Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PFR_N11T APPLICATION FORM
UNDERGROUND INFILTRATION TRENCH SUPPLEMENT
This form may he photocopied for use as an original
DW4 Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground infiltration trench supplement for each system, design calculations, and plans and specifications
showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name : Royal Palm Development
Contact Person: Alvin Batts Phone Number: ( 910 ) 279-6739
For projects with multiple infiltration systems, a supplement form must be completed for each system. This
worksheet applies to: Trench 1-40 (Typ.) in Drainage Area _ 2-41
(from plats) (from Form SWU-101)
H. DESIGN INFORMATION (attach supporting calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type Pactolus
Infiltration Rate 6.0 in/hr or cf/hr/sf (circle appropriate units)
SHWT Elevation 13.83 fmsl (Seasonal High Water Table elevation)
Trench Design Parameters
Design Volume
398
c.f.
Design Storm
1.5
inch event (1.5 inch event for SA waters,1 inch event for others)
Drawdown Time
.13
days
Perforated Pipe Size
15
inch diameter
Perforated Pipe Length
122
ft.
No. Observation Wells
N/A
(may be required on a case -by -case basis)
Stone Type (if used)
3/4" Clean stone
Stone Void Ratio
40$
Trench Elevations (in feet mean sea level)
Bottom Elevation 15.83 ft. fmSl Note: Provide at least one (1) foot of cover from
Storage/Overflow Elevation 2.5 ft.} top of trench.
Form SWU-107 Rev 3.99 Page 1 of 4
Trench Dimensions
Height
Width
2.5 $. Length 122 ft.
2.5 ft. Volume Provided 401 cu.ft.
III. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C.
Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15
A NCAC 2H .1008.
Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met.
Applicants Initials
JR a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
JR b. System is located at least 100 feet from water supply wells.
JR c. Bottom of system is at least 2 feet above the seasonal high water table.
JR d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
JR e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided).
TRg:gf_f. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days based upon infiltration
through the bottom only (a hydrogeologic evaluation may be required).
J g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour.
JR h. System is not sited on or in fill material or DWQ approval has.been obtained.
JR i. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
JR j. System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage.
JR k. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
J 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters ).
001MIra-
in. Drainage area for the device is less than 5 acres.
.
N/A n.
JR
JR
JR
JR
A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided.
*Roof Runoff routed directly to trench.
Trench bottom is covered with a layer of clean sand to an average depth of4 inches.
p. Sides of the infiltration trench are lined with geotextile fabric.
q. Rock used is free of fines (washed stone) and has a large void ratio.
Side to bottom area ratio is less than 4:1.
Form SWU-107 Rev 3.99 Page 2 of 4
JR s. Observation well(s) are provided (case -by -case basis).
JR t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)
and detail is shown on plans.
JR u. A benchmark for checking sediment accumulation is provided.
IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for
blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general
condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain
system performance.
3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore
depth to original design depth without over -excavating. Over -excavating may cause the required water table
separation to be reduced and may compromise the ability of the system to perform as designed.
4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month.
Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months)
shall be reported to DWQ immediately.
5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater control
devices as allowed by NCAC 2H A000 must be designed, approved and constructed.
6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to
75% of the original design depth. The system shall be restored to the original design depth without over -
excavating. Over -excavating may cause the required water table separation to be reduced and may
compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an
appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e.
stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the infiltration system. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the depth at the benchmark reads 0.63 , the accumulated sediment shall be removed
from the system.
Form SWU-107 Rev 3.99 Page 3 of 4
I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater
collection system in accordance with the six 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 anndd Title:
Address- t'()
Phone: �9/0) 271- dv737 Date: 8/Z?— 7
r
Signature:
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
I, N , ( lJ 1A A �'s , a Notary Public for the State of �(Aa N �,, county of /) �
do hereby certify that A 1 d i& ch hlVkn 5akft� personally appeared before me this X114 l�
day of RD6 , and acknowledge the due execution of the forgoing infiltration basin maintenance
requirements. Witness my hand and official seal,
•
,•�pTAy` •` �� g1�1�.
1 SE My commission expires
OV
•��� t! COv+++a
�43W-I')"�v D
Form SWU-107 Rev 3.99 Page 4 of 4
Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMW o TER MANACEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
infiltration basin supplement for each system, design calculations, soils report and plans and specifications
showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name : Royal Palm Development
Contact Person: Alvin Batts Phone Number: ( 910 ) 279- 6739
This worksheet applies to: Basin No.
Basin A
(as identified on plans)
in Drainage Area 1
(Prom Form SWU--101)
H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be
based upon an actual field investigation and soil borings. County soil maps are not an acceptable source
of soils information. All elevations shall be in feet mean sea level (finsl).
Soils Report Summary
Soil Type
Pactolus
Infiltration Ratc
6.00 in/hr
in/`„r or c%1 r/sf (circle appropriate units)
SHWT Elevation
13.83
fmsl
(Seasonal High Water Table elevation)
Basin Design Parameters
Design Storm
1.5
inch
(1.5 inch event for SA waters, 1 inch event for others)
Design Volume
8,695
c.f.
Drawdown Time
0.13
days
Basin Dimensions
Basin Size
Varies
ft. R
Varies ft. = 4, 762 sq. ft. (bottom dimensions)
Basin Volume Provided
8,882
c.f.
Basin Elevations
Bottom Elevation
16.00,
finsl
Storage Elevation
17.40
finsl
Top Elevation
18.50
fimsl
Form SWU-103 Rev 3.99 Page 1 of 3
III. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 211.1008.
Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met.
Applicants Initials
JR a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
JR b. System is located at least 100 feet from water supply wells.
JR c. Bottom of system is at least 2 feet above the seasonal high water table.
JR d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
JR e. System is not sited on or in fill material or DWQ approval has been obtained.
JR f. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
h.
Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
JR
i.
System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for
ar11 eas draining to SA waters ). Design volume and infiltration calculations attached.
JR t,
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage. Calculations attached.
JR
k.
All side slopes stabilized with vegetated cover are no steeper than 3:1(H:V).
JR 2 1.
A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
JR m.
<54
Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or
is
dense vegetative cover provided.
JR n.
Vegetated filter is provided for overflow and det ail is shown on plans (Required minimum
length is 50 feet for SA waters, 30 feet for ocher waters).
JR a.
Flow distribution mechanism within the basin is provided.
JR p,
A benchmark is prJR ovided t0 determine the sediment accumulation in the pretreatment device.
JR q
Runoff in excess of the design volume bypasses ofjf line systems (bypass detail provided).
r.
System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
JR s.
l?la-As ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the protect is complete and the entire drainage area is
stabilized.
g. Drainage area for the device is less than 5 acres.
JR
Form SwU-103 Rev 3.99 Page 2 of 3
IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, vegetative cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maximum height of six inches, and remove trash as needed.
3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved design
specifications.
4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth
in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the
original design depth without over -excavating. Over -excavating may cause the required water table
separation to be reduced and may compromise the ability of the system to perform as designed. Removed
sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will
adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the pretreatment unit. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the design depth reads 0.40 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. If the Division determines that the system is failing, the system will immediately be repaired to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater
control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance of the five
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 and Title: Alvin Batts, Owner, Royal Palm Development
Address: PO Box 2294, Surf City, NC 28445
Phone: (910) 279-6739 Date: �L2107
Note: The legally responsible party should not be a homeowners association unless more than 50•06 of the lots have been sold and a
resident of the subdivision has been named the president.
I,WIAAU ' . %5 a Notary Public for the State of NO41. County of
do hereby certify that K I A u f crl A- l r'f n Baks personally appeared before me this band
day of &1A JC )O , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
official seal,
My commission expires_' yoq K) ;)-D f o
Page 3 of 3
State Stormwater Management Systems
Permit No. SW8 070843
Royal Palm Development
Stormwater Permit No. SW8 070843
Pender County
Designer's Certification
Page 1 of 2
APR 3 p 2010 ,
l�� ��;�,M G. 5:,,...a.t s
as a duly registered AoF4O0wJA&- &GtMEER in
the State of North Carolina, having been authorized to observe ( erio i I sekl .full
#W*) the construction of the project,
RDYAL- IALM NvT!7c.o Pr+E^JT-
(Project)
for 14 [_V:C^I SAT'rs (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:
'rH-Gs C€R F�Ggtt'or-� SS 4Ze
.sr. 11 OP-IL-Y.
fxrrS '.�i►�Gl..a/� �d 1 1' A sE I MA2s: << Zr �� y� s ZIP ZkZS� Z.Z.4;7
(ZECoR & I Rom► At AvrAe-I-Itl+�-
CAA
4,'
Signature �j.
w
•
SM
Registrat n Number 2?q? 71407
D =
Date
^nrvo Ste' of 0
State Stormwater Management Systems
Permit No. SW8 070843
Certification Requirements: Page 2 of
R302010
NA6. , %Ai-.t 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.
NA 4.
All roof drains are located such that the runoff is directed into the system.
r 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
/15.
forebay, and the vegetated filter.
The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Pender County Building Inspections
Page 9 of 9
MAXIMUM IMPERVIOUS SURFACE AREAS
FOR RESIDENTIAL LOTS 7
LOT
NUMBER
MAXIMUM IMPERVIOUS
SURFACE AREA
(SQ. FT.)
LOT
NUMBER
MAXIMUM IMPERVIOUS
SURFACE AREA
(SQ. FT.)
1
3,660
* 21
3,660
2
3,660
A 22
3,660
3
3,660
9- 23
3,660
4
3,660
4c 24
3,660
5
3,660
4 25
3,660
3,660
6
3,660
W
26
7
3,660
27
3,660
8
3,660
28
3,660
9
3,660
29
3,660
10
3,660
30
3,660
11
3,660
31
3,660
12
3,660
32
3,660
13
3,660
33
3,660
14
3,660
34
3,660
15
3,660
35
3,660
16
3,660
36
3,660
17
3,660
37
3,660
18
3,660
38
3,660
19
3,660
39
3,660
20
3,660
40
3,660
NOTE 1: AVG SQ. FT. PER LOT IS 3,660 SQ. FT.
NOTE 2: TOTAL BUA FOR EACH LOT INCLUDES 3,000 SF BUILDING
ENVELOPE, PLUS A 20' X 33' DRIVEWAY (INCLUDING SECTION OF DRIVEWAY
WITHIN ROW). SIDEWALKS AND CURB ARE NOT INCLUDED IN BUA.
P��
Jun 04 10 01:2i p Alvin Batts
-mot..ti IR
910-328-1263 p.2
V"
oa-�
�C 00
STATE OF NORTH CAROLINA
COUNTY OF FENDER
IIIII�Illll IIIf IE IIf IIIIIIIIIlf �g 12?0,
B3771 POOR 11-13-A6.090
Pender County, NC Register of 9%.z. T page yr of 3 tte
RECEIVED
JUN 212010
DECLARATION OF PROTECTIVE COVENANTS
BRY.AN'S COURT SUBDIVISION, PHASE 1
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Owners and Developers
Of that certain subdivision in Topsail Township, Pender County, North Carolina known as
`°BRYAN'S COi DR'1' ST DI`VISYON, Phase 1, as the same is shown on a map recorded in Map
Book at page m the Office of the Register of Deeds of Pender County, in order to
Pro -Mote a uniform and harmonious development of said subdivision as a desirable residential
community, do hereby covenant and agree to and with each other and with all persons, firms, or
corporations now owning or hereafter acquiring any of the numbered lots in the above
subdivision, that the use of all said numbered lots as shown on the above referementionednced map is hereby
made subject to the following protective covenants, which shall run with the [and, and be binding
upon said lots and whomsoever owns the same, to wit:
1. All lots shalt be used for residential purposes only.
2. No double -wide mobile homes, modular homes or stick -built /site built homes less than 28 feet
eet of heated floor si
pace shall be placed on any lot
wide and having less than 960 square f
subdivision. No single wide mobile homes will be allowed on any lot. in ths
3. All structures placed on a lot in this subdivision shall be site built or new at time of installation.
4. Storm Water Management Plan.
A. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number S W8 070843, as issued by the Division of
Water Quality under NCAC 2H.1000.
B- The State of North Carolina is made a beneficimy of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the Iand 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.
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 is 3660 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that
portion of the right of way between the front lot line and the edge of the pavement.
Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming polls.
Lots within CAMA's Area of Environmental Concern maybe subject to a reduction
in their allowable built-unnn area r .u. to r a rtxa r.—,1..« ---
CAI SWIl Ming polls.
Lots within CAMA's Area of Environmental Concern may be subject to a reduction [ 2 1
in their allowable built -upon area due to CAMA regulations.
All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales and directing them into
the pond or street. Lots that will naturally drain into the system are not required to
pmvide these measures.
Built -upon area in excess of the permitted amount will require a permit modification.
4. 01 double wide and modular structures shall be brick underpinned upon completion of
installation, unless built upon pilings. If built upon pilings the structure shall be at least 8 feet above
IWiV1 I IV VV. vIa ruYii L-IULL7 ;1U-3d01L0.7 P./-
- Ill�l�u�lfllllll�fm�l�E l�lll 83771 P0021 °;-;3:0 ,o
CountY, HC Register �If Faye FeachmY PrevattaQee
Deeds page 2 of 3
grade to hide the foundation from view and shall further meet all the North Carolina building, code
requirements. The underneath of all doublewides placed upon pilings shall be covered.
6. No numbered lots can be subdivided.
7. No tent, shack or temporary structure of any nature shall be located on any parcel or used at
used as a residence. any
time as a residence, temporarily or permanently, nor shall any structure of a temporary character be
8. No sign or billboard shall be dis-played on nU bered lots- Only signs advertising the property "for
rent" or "for sale" will be allowed.
9. All driveway connections and installations must be approved. in advance by the Town of Surf
City.
10. No debris or leaves shall be disposed of in ditches or swales. A]] electrical service shall be
underground form this property to the sourceof service.
11- Any accessory buildings must be located behind the home, built of the same material as the
home and be of the same exterior color.
12. Fences are only allowed in the back yard and cannot be greater than 5 feet in height.
13. Each lot must have an underground drainage system and infiltration trench from house for
runoff in compliance with the codes of the Town of Surf City and the State of Forth Carolina.
14. It shall be the responsibility of each lot owner to prevent the development of unclean, unsightly
or unkempt conditions of buildings or grounds on their lot which shall tend to substantially decrease
the beauty of the neighborhood as a whole or the specific area.
15. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done
thereon tending to cause embarrassment, discomfort, annoyance or be a nuisance to the
neighborhood. There shall not be maintained any plants or animals, or devises or things of any sort
whose normal activities or existence is any way noxious, dangerous, unsightly, unpleasant or of a
nature as may diminish or destroythe enjoyment of otherproperty in the neighborhood by the owners
thereof.
16. No cattle, swine, livestock or poultry of any kind shall be raised, bred, or kept on this property
except that dogs, cats or others household pets may be kept provided they are not kept, bred or
maintained for any commercial purpose.
17. No discarded junk, scrap or inoperable vessels, boats or vehicles, or any wreckage shall be kept,
maintained or located on any lot or permitted to be kept, maintained or located on any lot.
18. Invalidations of any one these covenants by judgment or Court Order, or otherwise, shall in no
way affect in any manner any of the other provisions contained herein, which shall remain in full
force and affect,
19. Enforcement of these restrictions shall be through proceeding at law or in equity on the part of
any person or persons owning any interest in the real property hereinabove described against any
person or persons violating or attempting to violate any part hereof, either to restrain the said
violations or to recover damages incurred thereby.
20. Developers, for themselves and their heirs, assigns and successors, do hereby reserve the right
to amend or alter the restrictions contained herein so as to provide for minor violations thereof The
term "minor violation" shall not be interpreted to include any violation in excess often (10%) per cent
off the rnirimum restrictions. Such amendment or alteration maybe made by written consent of the
Developers, their heirs, assigns or successors; and the owner from time to time of the parcel upon
which such restrictive covenants are to be changed.
t*�
21. Developers specifically reserve the right to amend or change any part of all of these restrictions.
21. Developers specifically reserve the right to amend or change any part of all of these restrictions, [ 2 1
covenants and conditions contained herein by the filing in the Office of the Register of Deeds of
Fender County a Declaration of Protective Covenants, which such amendments, modifications or
conditions shall be made applicable to the conveyance of lots made subsequent to he recording of
such Declaration ofProtective Covenants. Developers further reserves the right to add additional lots
to Bryan's Court Subdivision in additional phases and said lots/lot owners shall become members of
any Homeowner's Association formed by Developers and have all rights and responsibilities of the
other owners of lots -in Bryan's Court Subdivision, Phase One,
22. Developers reserve the right to form a Home Owner's Association vAth said Association having
the authority to hold title to real property and the ability to promulgate reasonable roles and
regulations regarding the use and maintenance of said property the roads and/or common areas, and
t:lay I f IV Vv.J;Ld tAiVIII DULLS
:. f U_Jty= I t03 N.-r
D� 05-12-2G10
�liil111iii11fiNd0ililflliil;�3771aye Teach? Prevalte00o
Pander County, NC Reglater of Deeds page 3 of 3
to assess dues which will become a lien on the lots in the subdivision. Upon the sale of 50% of the
lots in the subdivision, all rights reserved herein to Developers shall devolve to the Home Owner s
Association.
23. Developers reserve the right to subjectthe real property in the subdivision to a contract with Jones
Onslow EMC or any other applicable electrical utility company for the installation of street lighting
which may require a continuing monthly payment to said utility company by each customer within
the subdivision. All electrical, telephone, and cable transmission lines shall be placed underground.
24. All covenants and restrictions herein shall run with the land and shall be binding on all parties
owning parcels out of said land for a period of twenty years (20) years from the date hereof, at which
time these covenants shall be automatically extended for successive periods of ten (10) years each
unless by vote of the majority of the then owners of said parcels not under legal disability, it is agreed
to revoke or amend same. Any interested party may take such steps as are necessary or appropriate
under the North Carolina Marketable Title Act to extend these restrictive covenants, consistent with
this paragraph. Any owner in this subdivision shall have the right to enforce the covenants and
restrictions.
25. Any reference to Developers, Aldrich Alvin Batts and David Wayne Lanier, herein shall include
any agent designated by him or his personal representative and his heirs, devisees and legatees.
IN WITNESS WHEREOF, Declarant, ROYAL PALM DEVELOPMENT CORP., a North
Carolina Corporation, has hereunto set their hands and seals this the day and year first above
written.
Royal
^^Palm
®®Development Corp.
BY:
STATE OF NORTH CAROLINA
COUNTY OF PENDER
I, CYN)l'MA R FENNELL, the undersigned, a Notary Public of Pender County and of the
State of North Carolina, certify that ALDRICH ALVIN BATTS personally came before me this day
and acknowledged that he is Fate_ -President of ROYAL PALM DEVELOPMENT CORP., a North
Carolina Corporation and that by authority duly given and as the act ofthe corporation, the foregoing
instrument was signed in its name by the j[.3'resident. Witness my hand of official seal this
1 �_day of MAY, 2010.
�I� D'�Q/ Notary Public
My commission expires:
�9PtIlTi�iJ1 It ,
k RKJMK C
[*]