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HomeMy WebLinkAboutSW8071024_CURRENT PERMIT_20220204STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2022 0204 YYYYMMDD ROY COOPER Governor EUZABETH S BISER Secretary BRIAN WRENN Director February 4, 2022 Marsh Harbour Partners, Inc Arm Leslie A Fredeen, President 131 Camp Morehead Drive Morehead City, NC 28557 NORTH CAROLINA Envtrwunenro/ Quality Subject Permit Renewal Post -Construction Stormwater Management Permit No SW8 071024 Marsh Harbour Phase 1, Section 3- Abaco Village at Marsh Harbour Carteret County Dear Mr Fredeen The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on February 1, 2022 The Division is hereby notifying you that permit S W8071024 has been renewed, updated, and re -issued on February 4, 2022, as attached Please be aware that the renewal and re - issuance of this stormwater permit does not imply that the site is currently in compliance This permit shall be effective until December 30, 2029 and does not supersede any other agency permit that may be required The project shall be subject to the conditions and limitations as specified therein This permit does not impose new or increased stormwater control requirements, it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit Failure to comply with these requirements will result in future compliance problems Please note that this permit is not transferable except after notice to and approval by the Division 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 919431-3000, or visit their website at www NCOAH corn Unless such demands are made this permit shall be final and binding If you have any questions concerning this permit, please contact Ashley Smith In the Wilmington Regional Office, at (910) 796-7215 or ashleym smith@ncdenr gov Sincerely, ck mu 5�; Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures Attachment A — Designer's Certification Form Attachment C — Permitting History Renewal Application Documents DES/ams \\\Stormwater\Permits &. Prgects\2007\071024 HD\2022 02 pernut 071024 cc Wilmington Regional Office Stormwater File D_E Q_,, North Carolina Department of Environmental Quality I DMmon of Energy Nneral and Land Resources YYlmmgmn Regional Office 1 127 Cardinal Dnve Extension I WJnungotn North Carolina 28405 9107967215 Post -Construction Stormwater Management Permit No SW8 071024 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Marsh Harbour Partners, Inc Marsh Harbour Subdivision, Phase 1, Section 3 Marsh Island Drive at Abaco Drive, Cape Carteret, Carteret County FOR THE construction, operation and maintenance of one (1) infiltration basin in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or' DEMLR") The project shall be constructed, operated and maintained in accordance with these approved plans and specifications The approved plans and specifications are incorporated by reference and are enforceable part of this permit This permit shall be effective from the date of issuance until December 30, 2029 and shall be subject to the following specified conditions and limitations 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 condition 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 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 18 of this permit The stormwater control has been designed to handle the runoff from 102,367 square feet of impervious area which includes 72,000 sf for lots, 24 188 sf for roads and 6,179 sf reserved for future development 3 The subdivision is permitted for 24 lots, each limited to a maximum of 3,000 square feet of built -upon area 4 All runoff in excess of the design storm must pass through a 50-foot vegetated filter 5 The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans Page 1 of 7 Post -Construction Stormwater Management Permit No SW8 071024 6 All stormwater collection and treatment systems must be located in either public rights -of -way, dedicated common areas or drainage easements The recorded plats for the project must show all such required rights -of -way, common areas and drainage easements, in accordance with the approved plans The runoff from all permitted built -upon area within the permitted drainage area of this protect must be directed into the permitted stormwater control system 8 The following design criteria have been permitted for the infiltration basin and must be provided and maintained at design condition a Drainage Area, acres Onsite, ft2 Offsde, ft2 b Total Impervious Surfaces, ft2 c Design Storm, inches d Basin Depth, feet e Bottom Elevation, FMSL f Bottom Surface Area, ft2 g Bypass Weir Elevation, FMSL h Permitted Storage Volume, ft3 i Type of Soil t Expected Infiltration Rate, in/hr k Seasonal High Water Table, FMSL I Time to Draw Down, hours m Receiving Stream/River Basin n Stream Index Number o Classification of Water Body II SCHEDULE OF COMPLIANCE 470 204,829 0 102,367 15 20 105 4,852 1250 12,862 Sandy Loam 60 850 52 Boathouse Creek / WOK01 20-31 "SA, HQW' 1 The stormwater management system shall be entirely constructed, vegetated and operational for its permitted use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at 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 Semiannual scheduled inspections (every 6 months) Sediment removal Mowing and revegetation of slopes and the vegetated filter Immediate repair of eroded areas Maintenance of all slopes in accordance with approved plans and specifications Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter A clear access path to the bypass structure must be available at all times 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 The facilities shall be constructed in accordance with the approved plans, the conditions of this permit, specifications and other supporting data as attached to this permit, and on file with the Division Page 2 of 7 Post -Construction Stormwater Management Permit No SW8 071024 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 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 8 Access to the stormwater facilities for inspection and routine maintenance shall be maintained via a recorded access easement to the nearest public right-of-way The easement shall be maintained in a passable condition 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 protect 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 protect 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 Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded g 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 h Other modifications as determined by the Director III GENERAL CONDITIONS 1 CORRECTIVE ACTIONS REQUIRED 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 2 PERMIT RENEWAL 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) 3 CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes Page 3 of 7 Post -Construction Stormwater Management Permit No SW8 071024 TRANSFER This permit is not transferable to any person or entity except after notice to and approval by the Director Neither the sale of the protect and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit TRANSFER REQUEST The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H 1045(2) This request must be submitted within 90 days of the permit holder meeting one or more of the following i A natural person who is deceased, u A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, ui A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding ro A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants, v The assignment of declarant rights to another individual or entity, vi The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214 7(c2), TRANSFER INSPECTION 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 protect and the on -site stormwater system complies with the permit conditions Records of maintenance activities performed to date may be requested Protects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met COMPLIANCE The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request a APPROVED PLANS AND SPECIFICATIONS A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times b DIVISION ACCESS The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project c ENFORCEMENT 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 d ANNUAL CERTIFICATION The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e OBTAINING COMPLIANCE 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 modified plans and certification in writing to the Director that the changes have been made Page 4 of 7 Post -Construction Stormwater Management Permit No SW8 071024 OTHER PERMITS 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 Permit renewed, updated and reissued this the 4th day of February 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �C&k9 A rian vvrenn. Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 7 Post -Construction Stormwater Management Permit No SW8 071024 Marsh Harbor Subdivision, Phase I, Section 3 Stormwater Permit No SW8 071024 Carteret County Attachment A Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is included in the Certification Noted deviations from approved plans and specification Signature Registration Number Date SEAL Page 6 of 7 Post -Construction Stormwater Management Permit No SW8 071024 Certification Requirements 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built - upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drains are located such that the runoff is directed into the system 5 The bypass structure weir elevation is per the approved plan 6 The bypass structure is located per the approved plans 7 A Trash Rack is provided on the 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 All required design depths are provided 13 All required parts of the system are provided 14 The required system dimensions are provided per the approved plans 15 All components of the stormwater BMP are located in either recorded common areas or recorded easements cc NCDEQ-DEMLR Wilmington Regional Office Carteret County Building Inspections Page 7 of 7 Attachment C - Permitting History Marsh Harbour Phase 1, Section 3- Abaco Village at Marsh Harbour Permit No SW8 071024 Approval Date Permit Action BIMS Version Description of the Changes 4/18/2008 Original Approval 10 3/29/2016 Transfer 1 1 from Slowflight of Cedar Point, Inc to Marsh Harbour Partners, Inc 2/4/2022 1 Renewal 20 lExpires December 30, 2029 DEMLR USE ONLY Date nred Fee Paid Permit Number I1-44--0`457 1S+� U 710 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 pnor to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Sechon 60 (c) This application form is for permit renewals only A PROJECT INFORMATION 1 State Stormwater Permit Number SW8 071024 2 Project name Marsh Harbour Phase 1, Section Three -Abaco Village at Marsh Harbour 3 Project street address Marsh Island Dnve and Abaco Courts City ( 28584 County Carteret ZIP 4 What if any changes have been made to the project as permitted? 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 httos //deg nc gov/about/dwisions/energv- mineral-land-resources/energy-mineral-land-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 httos //deg nc gov/about/dwisions/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 Marsh Harbour Partners 2 Signing Official's Name Mr Leslie A Fredeen 3 Signing Official's Title President 4 Mailing Address 131 Camp Morehead Dnve City Morehead City State NC ZIP 28557 5 Street Address City State ZIP 6 Phone (?S2) 808-7039 Email LAFredeen(d_)Gmail cam FEB 0 12022 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/ORIA9 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 LAF 1 A permit application processing fee of $505 00 payable to NCDEQ LAF 2 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 LAF 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 condommrum/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 LAF 4 O&M Agreements Please select one ® 1 have a copy of the current recorded O&M Agreement for all SCMs, and 1 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 tome 1 agree to keep this on file with the permit LAF 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 LAF 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 to accordance with the permit LAF 7 [IF APPLICABLE] When the permtttee 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/bv title/ Business Registration It= ELo tt< P Rg` 9. FEB 0 1 2022 I BY �! Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018 D PERMITTEE'S CERTIFICATION L E5L { E A the person legally responsible for the permit certify that I have a copy of the Permit and O&M Agreement on site (or 1 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, correcgag6a2fmplete.,^ Signature ! I '1 Date //231ZZ NOTARIZATION I, ( t zc, b e a, a Notary Public for the State of k)c. County of C4 t 4t r t do hereby certify that _ �_eslie r r e dx personally appeared before me this the 25 day of S w n�. j 20 2 Z and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) Notary Signature C u' N/� F�— My commission expires ® 0,0 FEB 0 1 2022 I BY �l Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018 Permit No (to be provided by D W& State of North Carohna DepartmLnt of EnN ronment and Natui it Resources Division of Watei Quaht) STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form mot be photocopied foi use ns an ortgtnul DWO Stormwater Management Plan Review A complete stonnvater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each System, design calculations, soils report and plans and specification shoving all Stormwater conveyances and system details PROJECT INFORMATION Fo/in�r'��Y Pro)cctName Townhomes of Abaco NotJ M4/a54 AA0.b00P— tr4t5e 1 SeLrto t 3 Contau Pelson I-c6vlt; FkEDEEni Phone Number ( 252 ) gig '70 31 This taorksheet applies to Basin No 1 (and only) in Drainage Area I tus "inwried on ylunl) (from Form swu 101) Il DESIGN INFORiNlAT10N - Attach supporting calculationsfdoc,umentation The soils report must he based upon an actual field investigation and soil bonngs County soil maps arc not an acceptable soutce of soils information All elevations shall be in feet mean sea level (tms]) Soils Report Summary Soil 1)Pe Sandy LLoam Infiltiation Rate _ -� to inlhr of ct/hi/Sf (encle upproprtatc units) SHWT EIevatton <8 50 pnsl (Seusonal High Warei Table elcration) Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Balm Volume Provided Basin Elevations Bottom Elevation Storage Elev anon I op Elevation 1 5" inch R 5 inch elent lot Sal watery I Inch evcntjorothers) 12,796 c f 022 dav, 1406 tt x 34 5 _ tt - 4,852 stl ft (bartom dimensions) 12,862 c I rJ ( tl9 E 10 5012 so m,5i AN 1 1 2016 13 50 tinsl BY ------— Finn Swt1 103 Rey 3 99 P igc 1 01 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 2H 1008 initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached It 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 _�_ a System is located 50 feet from class SA waters and 30 feet from other surface waters b System is locati d at least 100 feet from water supply wells c Bottom of system is at least 2 feet above the seasonal high water table jOIZn',,/41d Bottom of the system is 3 feet above any bedrock or impervious soil horizon e System is not sited on or in fill material or DWQ approval has been obtained n14AI 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 i i 4,6z g Drainage area for the device is less than 5 acres / 1^/ h Soils have a minimum hydraulic conductivity of 0 52 inches per hour and soils report is attached i System captures and infiltrates the runoff from the first 1 0 inch of rainfall ( 5 inc vent for areas draining to SA waters ) Design volume and infiltration calculation ed System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any otf-site drainage Calculations attached (. Z k All side slopes stabilized with vegetated corer are no steeper than 3 1 (H V) I A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided m Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided n Vegeta i is provided for overflow and detail is shown on plans (Required minimum lengtW is 50 et for SA waters, 30 feet for other waters) a� o Flow distribution mechanism within the basin is provided _ p A benchmark is provided to determine the sedimant accumulation in the pretreatment device q Runoff in excess of the design volume bypasses off-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 t1VL days A soils report and all � �/� pertinent draw -down calculations are attached �7 s 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 Form SWU-103 Rev 3 99 Page 2 of 3 �WFILTRATION BASIN OPERATION AND MAINTENANCE ACREEMEN7 �l Afta1 every runoff pi oduetng iamfall event and at least monthly inspect the infiltration system for crown, trash a, -cumulation, Vegetative corer, and general condition 2 Repair eroded areas immediately, re -seed as nccetisaryto maintain adcquatc vegetatne coves, mow vegetated covet to maintain a maximum height of six inches, and remoNe trash as needed 3 Aftu every runoff produwng rainfall ev cnt and at least monthly inspect the bypass, inflow and m ci flow structures for blockage and deterioration Remove any blockage and repair the, structure to appioved deign specification, Rerun e accumulated sediment from the pretreatment system and infiltration basin annually or when depth it, the pretreatment unit is reduced to 75% of the oiigmat design depth The system shall be iestoied to the original design depth without over -excavating over -excavating may cause the required water table o separation to be reduced and may compromise the ability of the system to perform as devgned Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a maiuicr that will adveisely impact water quality (1 e stockpiling noar a storniwater treatment deN ice of stream etc ) A benchmark shall be established in the pretreatment unit The benchmark will document the of lguial design depth so that accurate sediment accmnulation 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 n/a feet in the pretreatment unit, the sediment shall be remoNed from both the pretreatment unit and the infiltration basin If the DrvlSlon determines that the system is failing, the system will immediately be iepaued to of Igmal design specifications If the system cannot be repaired to perform its design function, other stonuwatct control devices as allowed by NCAC 2H 1000 must be designed, appi oN ed 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 notity DWQ of anv problems with the ,vLtcln or prior to any changes to the system or responsible party print Name and I itle 6451,1 E Q F!t-E De mot! Address 1;1 CAAT AWL04C-Ah NAP phone 2- Z- D Date l'11-11� Signature — — Note 7hc l(,goll)'r-tsponsi should not be a horneowmis assoc iahon unless more than 500i'5 of the /on have been +old and u iesrdent ojihe subdn uion has been named the pi esident T_ p "S 7 , i - a Notary Public for the Stah, of %i�n Dt(,ii �.4�064 . (uunth of —Ua�a n FF ap Pit �onalls Peaiod before nw thn (11-D DO_f do hertbs ctrttf� that /1 `�/E,AEz) day of f. L�. ] O 1 and aul nowledgc the due extcutum of the foi_ going tnftlnatton basin mamtenan�e icgmrcmcnts Witness in;hnYid-nnfloftiOtal seal � � s(L)a L��JpL.vUO'Y\J1 e - t TAMMIE S EBRON Nlv commission expires 2C2n.k "/ 2- ✓) 1 NOTARY PUBLIC Carteret County �EGEOVE North Carolina sit.-ro l� My Commission Expires Dec 18 2016 1 otm swi1;-IM RONv"3 99 Page ; of 3 JAB i �ftl� 01 High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H 1000 and S L 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility I, WsLtt: A F"OEe't4 , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot 1 The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number sLiR o,? to 7.4- , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations 2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit 3 These covenants are to run with the land and be binding on all persons and parties claiming under them 4 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources 5 Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources 6 The maximum allowable built -upon area per lot is 31000 square feet This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following The maximum built -upon area per lot, in square feet, is as listed below tors (-2AL : 30005,F E4cA Lot # BUA Lot # BUA Lot # BUA Lot # BUA This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools 7 Each lot will maintain a * foot wide vegetated buffer between all impervious areas and surface waters **50 foot for projects located in the 20 coastal counties All runoff from the built -upon areas on the lot must drain into the permitted system This may be accomplished through a variety of means including roof dram gutters which drain to the street, grading the lot to dram toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system Lots that will naturally dram into the system are not required to provide these additional measures JAN i 9 Form DRPC-3 Rev 2 05Nov2009 Page t of 2 High Density Residential Subdivisions Deed Restrictions & Protective Covenances Signature Date Ile a Notary Public in the State of NafZI I,. r�ct- � i ,,.j e�, County of do hereby certify that r £411 F lq FQL�L-Z TJ personally appeared before me this the I 1 day of J Ant i 20_Uo_, and acknowledge the due execution of the foregoing instrument Witness my hand and official seal, SEAL ry^^^ y TAMarteret S EBRON —] ignature PUBLIC My Commission expires �PO„ Y2S�� }� I North Carolina i My Commission Expires Dec 18 2016 ECEE OS' JAN 1 12016 t3Y Form DRPC-3 Rev 2 05Nov2009 Page 2 of 2 / - CUP P-ogf oeLAFT C41 Co J C NAB ( 5 Prepared by / Mail to John E Tantum, P A. Attorney at Law 604-C Cedar Point Boulevard Cedar Point, North Carohna 28584 Index m the Grantor Index MARSH HARBOUR Subdi lion MARSH HARBOUR PARTNERS, INC s F Pa0pus ;1-0 89 ECEIVIE JAN 1 1 2016 BY NOTICE THIS DOCUMENT REGULATES OR PROHIBITS THE USE AND DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA AND ALSO REGULATES OR PROHIBITS THE USE AND DISPLAY OF POLITICAL SIGNS [SEE ARTICLE II, SECTION 2 8(f)] STATE OF NORTH CAROLINA COUNTY OF CARTERET AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MARSH HARBOUR THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this _ day of November, 2015 by MARSH HARBOUR PARTNERS, INC, a North Carolina Corporation (hereinafter referred to as "Declarant") WITNESSETH WHEREAS Declarant is the owner and developer of certain real estate in Carteret County, North Carolina, commonly referred to as "MARSH HARBOUR' and WHEREAS, Declarant has caused to be recorded a Declaration of Covenants, Conditions and Restnenons for Marsh Harbotir originally recorded in Book 1220 Page 83 Carteret County Registry and a REVISED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MARSH HARBOUR AS RECORDED IN BOOK 1223, PAGE 28 CARTERET COUNTY REGISTRY and WHEREAS, Declarant has previously amended and revised said Covenants, Conditions and Restrictions in Book 1278 Page 197, Book 1278 Page 198, Book 1298 Page 174, Book 1389 Page 124 and Book 1415 Page 54, Book 1446, Page 124 and Book 1486 Page 3 all recorded in Carteret County Registry, and WHEREAS the Developer wishes to amend Section 9 9 of the Covenants NOW, THEREFORE pursuant to Section 9 6 of the Revised Declaration of Covenants for Marsh Harbour, the Declarant does hereby amend said Covenants and all Amendments thereto for Marsh Harbour by making the following changes, additions or deletions in the Revised Declaration of Covenants Conditions and Restrictions as originally recorded in Book 1223 Page 28 and as previously amended as stated herem as follows Section 9 9 Cmphance with Coastal Stormwater Management Revelations the following deed restrictions and covenants are incorporated herein pursuant to Title 15 NCAC 2H 1000 (a) The following covenants an, intended to ensure ongoing compliance with State Storm Water Management Permits that have been issued for each Section of the Subdivision. Each section is listed below together with the permit number relating to that section and the maximum square foot impervious coverage on each lot allowed pursuant to that permit All permits having been issued by the Division of Water Quality under NCAC 2H 1000 PHASES/SECTIONS PERMff # MA7ffMUM S UARE FOOT IMPERVIOUS COVERAGE Phase 1, Section I & 060535 4450 Section 2 (except Lots 25-29 Phase 1, Section 1 060535 6000 Lots 25-29 Phase 2 060919 4093 Phase 070651 5310 Phase Section 071024 3000 (b) The State of North Carohm is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit (c) These covenants an to run with the land and be binding on all persons and parties clarm�no (d) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolma, Division of Water Quality (e) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality (f) The maximum allowable built -upon area per lot is as set forth in each permit described above 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, bnck, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools (g) This project proposes a curb outlet system Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5 1 (H V) side slopes or flatter, have a longitudinal slope no steeper than 5% carry the follow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover (h) Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated with the development except for average driveway crossings, is strictly prohibited by any persons (i) Each lot will maintain a 50 wide vegetated buffer between impervious arras and surface waters �) All roof drams shall terminate at least 50' from the mean lugb water mark of surface waters (k) Filling in, piping or altering any designated 5 1 curb outlet Swale associated with the development is prohibited by any persons When applicable for the sense of this instrument, the singular should be read as including the plural and the male, female, and neuter pronouns and adjectives should be read as interchangeable Except as herem modified the Covenants as recorded in Book 1486, Page 3 shall remain in full force and effect. IN WITNESS WHEREOF, the Declarant has caused this mstru eat to be executed all the day and year first above written. MARSH HARBOUR PARTNERS, INC By Leslie A. Fredeen/Presrdent STATE OF NORTH CAROLINA COUNTY OF CARTERET I, the undersigned Notary Public of the County of and State aforesaid, certify that Leslie A. Fredeen, personally came before me this day and acknowledged that he its the president of MARSH HARBOUR PARTNERS, INC, a North Carolina Corporation, and that by authority duly given and as the act of such entity he/she signed the foregoing instrument in its name on its behalf as its act and deed Witness my hand and Notarial stamp or seal, this day of November 2015 My Commission Expires Notary Public FZR4 MARSH HARBOUR SUBDIVISION PHASE 1 SECTION 1 MAP BOOK 31 PAGE 218 PHASE 1 SECTION 1 COMBINATION OF LOTS 39 & 40 MAP BOOK 32 PAGE 67 PHASE 1 SECTION 2 MAP BOOK 31 PAGE 303 PHASE 1 SECTION 2 REVISION OF LOTS 47,49,49 MAP BOOK 31 PAGE 916 PHASE 1 SECTION 2 REVISION OF LOT 41 MAP BOOK 31 PAGE 999 PHASE 1 SECTION 3 MAP BOOK 32 PAGE 180 PH SE 2 MAP BOOK 31 PAGE 645 PHASE 3 SECTION I ORIGINAL MAP BOOK 32 PAGE 68 RE -RECORDED MAP BOOK 32 PAGE 106 PHASE 3 SECTION 2 ORIGINAL MAP BOOK 32 PAGE 140 RE -RECORDED MAP BOOK 32 PAGE 152 PHASE 3 SECTION 3 ORIGINAL MAP BOOK 32 PAGE 228 RE -RECORDED MAP BOOK 32 PAGE 265