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HomeMy WebLinkAboutSW8960711_CURRENT PERMIT_20211020STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 01 1 1 DOC TYPE [] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20Z1 1O20 YYYYMMDD ROY COOPER covernor ELiZABETH S. BISER secrreory BRIAN WRENN Director October 20, 2021 1612 Front Street Homeowners Association Attn: George Keith Killinger, President P.O. Box 262 Beaufort, NC 28516 NORTH CAROLINA Em*vn wnW Quo(Iry Subject: Permit Renewal State Stormwater Management Permit No. SW8 960711 1612 Front Street Carteret County Dear Mr. Killinger: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit. The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on October 12, 2021. The Division is hereby notifying you that permit SW8 960711 has been renewed on October 20, 2021, and shall be effective until November 28, 2029. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous terns to provide you with a better understanding of your obligations under the permit The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit The plans originally approved on September 10, 1996 and most recently renewed on November 28, 2007, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. - if any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. if you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdem.gov. Sincerely, ncJ n �.Ac�{� / 7''lXX Brian Wrenn, Director Division of Energy, Mineral and Land Resources ten, D � Q North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources ./ Wilmington Regional Office f 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 960711 Page 2 of 2 Enclosures: Attachment A — Designer's Certification Forth Attachment C — Permitting History Renewal Application Documents DES/ams: %Stormwater\Permits & Projects\1996\96071 t HD\2021 10 permit 960711 cc: Wilmington Regional Office Stormwater File D E QJ� North Carolina Department of Environmemal Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Offlce 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 State Stormwater Management Systems Permit No. SW8 960711 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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 1612 Front Street Homeowners Association 1612 Front Street Carteret County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until November 28, 2029, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 2 of this permit. The stormwater control has been designed to handle the runoff from 70,050 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 6 State Stormwater Management Systems Permit No. SW8 960711 C� The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g. Permanent Pool Surface Area, ft2: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL: j. Controlling Orifice: k. Receiving Stream/River Basin: I. Stream Index Number: M. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 2.64 114,786 0 70,050 1 7 90% 5 2,817 6,522 attemporarypoolel 6.9 1"0 pipe Taylor's Creek / White Oak 21-34 "SC" 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re -vegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. Page 2 of 6 State Stormwater Management Systems Permit No. SW8 960711 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. Decorative spray fountains will be allowed in the stormwater treatment system if calculations are provided documenting the permeant pool volume is greater than 30,000 cubic feet. 11. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 12. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. III. GENERAL CONDITIONS 1. 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. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. Page 3 of 6 State Stormwater Management Systems Permit No. SW8 960711 4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08, C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121, 5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; C. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 9. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 12. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Permit renewed, updated and reissued this the 20th day of October 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t Brian Wrenn, Director� Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Management Systems Permit No. SW8 960711 1612 Front Street Stormwater Permit No. SW8 960711 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 5 of 6 State Stormwater Management Systems Permit No. SW8 960711 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 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, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Carteret County Building Inspections Page 6 of 6 Attachment C - Permitting History 1612 Front Street Permit No. SW8 960711 Approval Date Permit Action BIMS Version Description of the Changes 9/10/1996 Original Approval 10 11/28/2007 Renewal 2.0 10/20/2021 Renewal 3.0 Permit No# SW a `&0711 DE"fEN'l ION BASIN OPERA IION AND MAIN-1 ENANCL AGRELMEN"I 8" i-0-% Maintenance activities shall be performed as follows: I. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin sysleni for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that draudok+n of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cove to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wel detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. j feet in the main pond, the sediment shall be removed. When the permanent pool depth reads q I When the permanent pool depth reads 9,'j j feet in the foreba), the sediment shall be removed. t5.o ---------------- r, z.ojl .• FOREBAY BASIN DIAGRAM /fll in the blanks) Pcrmancni Pool Iilc�aiion (9.1j Scdimrnt Kannval lilcvtWun Rollom Glcvaiion Z.•0 MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along, the vegetated shelf and forehay berin. 6. II"thc basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wel detention basin system shall he maintained in good working order. 8. Remove all frees and heavy woody vegetation from the basins and dike walls. I acknowledge and agree by my signature below that I am responsible for the performance ofthe seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Tille: Frone' SfYe e.% liamaouih6rs �ssoe is �2 oy Address: P.O. 130* lOZ(/, 4Cao-rvY4, N•G, ZiIS�% Phone: gl9- ?1- l2 (Cell) Signature: Date: -- - - - fc-r-7ou'1 Note: the legally responsible panr should not be a homeo"ncis association unless more than 50%of the lots have been sold and a resident of the suhdmoon has been named the president. 17 Ira" C a Notary Pubblicfor the State County of 1r� p-t do hereby certify that-,-kv{,n M . R Ge-, personally appeared before me this day of h� V—% 7 Z001 and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal. FU RG( Q �OSARI r- U .. COV .. 15. Fe vvrr� My commission expires-- .-: . _.. i• ,. f.' i. . � I 1 � � 5 1 ., ` 1 1 ... _ _ _ �i DEMUR USE ONLY Date a 'ved Fee Paitl Permit Number 10 v( STATE STORMWATER: PERMIT INFORMATION UPDATE APPLICATION FORM There is NO FEE for updating project name or permittee information. This form is to only to be used by the current permittee to notify the Division of..- 1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or PDA); 2) changes to the mailing address, phone number or email address of the current permittee; 3) changes to the name of the project; and 4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS. A. NEW PERMIT INFORMATION State Stormwater Permit Number. W Are you updating (check all that apply): If so, please provide the updated information: ❑ Project name _ ❑ Corporation Name' _ [a'Permit Contact Name2•3 �? (o E { IT 14 K 1 p'Permit Contact Title p�zs,a��r (�lL t2o�T S;pFj ❑ Mailing Address3 ❑ Phone number 5 -26 3 g —(I iJ ( )a ❑ Email address "I L,1, 1 74 c t R 9) (1 C op f , cowk, Provide documentation such as a Name Change /Merger filed with the NCSOS. Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance with 15A NCAC 02H .10400 ). If more than one point of contact or mailing address is being changed, please attach a separate sheet. B. CERTIFI A���T��IO�N%OF/PERMITTEE I, o � - 11 T1 i �1 (h f.W. the current permittee, hereby notify DEMLR that I am making the changes as listed in Secti n A above. I further attest that this a plication for an update to the permit information currently on file is accurate and complete to the best of in now[ w Signature: 16y20' Date: �� S S. M Dry-i s , a Notary Public for the State of County of :6 j�: do hereby certify that �,,�P � % J ers0y�"� Qp�j r re me this the da of (J� , 20Z� , and acknowledge the due exegyt the rgpmstrument. Witness my hand and official seal, Stormwater Permit Information Update Form Page 1 of 1 OCT 1 2 2021 BY ------- May 11, 2017 .-D� DEMLR USE ONLY Date R 2 iv Fee Paid Pemi Number t) NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3). the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Numb `1 to 0 -111 2. Project name: I �O Z kWAf ren 3. Project street address: rro IS H e City: 3ZAu1 Q County: C�AR T-ER�2`e7 ZIP: LS-7L 4. What, if any, changes have been made to the project as permitted? t-t o!J - 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: hfi)s:Bdeg.nc.ciov/about/divisions/energv- minera I-land-resources/en a rav-m ine ralaa nd-rules/stormwate r-oroara m/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/divisionsteneray-mineral-la nd- resources/enemy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holders Company Name/Organization: 1 to k;L VRoori G7 tt by1zUU�Q 5 �5$!✓ 2. Signing Official's Name: (I 6f bR ) 6" K 271 T H K t L L 1?J6`E tZ 3. Signing Official's Title: _ 4. Mailing Address: 2 o City: 3 e" AL.) F nr) 5. Street Address: /% / ; City: 1r3cAuPoi2 Y taC'f�1 a AC zlP:285(6 ZIP: 6. Phone:( 835-40110 Email: 1.eAj1IrnBer1 I(D ttc,0r'- OCT 12 2021 BY: Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 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. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 40— 4. O&M Agreements, Please select one: ® I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: ® A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). httos://www.sosne.gov/online services/search/by title/ Business Registration �; OCT 12 2021 By,-_ Stormwater Permit Renewal Application Form Page 2 of 3 --- May 11, 2018 D. PERMITTEE'S CE T//I��N FICATI I, g2w 2Lf i V-" / % , the person legally responsible for the permit, certify that I have a copy of tKe Permit and O&M Agree ent on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complet Signature: Date: NOTARIZATION: 1, OartG S . ! I OY f IS , a Notary Public for the State of Roi-t l cr T-61 t YY�, County of Goo-4ere+ , do hereby certify that 1 personally appeared before me this the day of 20 2 I , and acknowledge the due executing instrument. Witness my hand and official seal, 4f T A o• •> Rye• UBLIG My Ocr 12 2021 �Jl f Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 �`,,.r yrJ .• ::ran, Permit No. ()!i qcy%U �// (to be provided by DIfQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This torn may be photocopied for use as an original DWO Stormwater Management Plan Review• A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Z& �--7 f Contact Person: Phone Number: (ySz) 7 > j o d For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation Z ft. Permanent Pool Elevation 5.0 ft. Temporary Pool Elevation G. C% ft. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area Z517 sq. ft. (water surface area at the orifice elevation) Drainage Area Z. 6+ ac. (on -site and off' site drainage to the basin) Impervious Area G 2 P %�i � ae �f (on -site and off -site drainage to the basin) volumes Permanent Pool Volume cu. ft. (combined volume ofmain basin and forebay) Temporary Pool Volume (o, 52 Z cu. ft. (volume detained above the permanent pool) Fore bay Volume cu. ft. (approximately 20% of total volume) Other parameters SA/DA] 2.45 90 (surface area to drainage area ratio from DWQ. table) Diameter of Orifice in. (2 to 5 day temporary pool draw -down required) Design Rainfall 1 in, Design TSS Removal 2 ')0 % (minimum 85% required) Form SWU-]02 Rev3.99 Page I of 4 Footnotes: I when using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. 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 the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials ✓ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. ✓ c. The temporary pool controls runoff from the design storm event. ✓ d. The temporary pool draws down in 2 to 5 days. N� e. if required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. t✓ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). / i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. IJI A— k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. in. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does Kd,oes not incorporate a vegetated filter at the outlet. This system (check one) 0 does oes not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 CA J Maintenance activities shall be performed.as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4��s feet in the main pond, the sediment shall be removed When the permanent pool depth reads 2. d�1-� feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) p Permanent Pool Elevation S Sediment Re oval El. 0.15 75 u -------------- - Sediment Removal Elevation—,25 75% Bottom Elevation Z 4 % ---------------------------------- =--------- V Bottom Elevation _ Z 2551. FOREBAY MAINPOND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print )�-: rnY P ckP,ts Title: Pp-.'=10.9,4i /lP/Z58�7- 57' e45W{9Pz .4-;56G Address: 33x -)?? �i�12J Phone: 75 3 0 O Signature: , -/ — Note: The legally responsible parry 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 a Notary Public for the Se of County oi�0 �`iA'C \ do hereby certify that EY )e \-1R t ST IQJ'n personally appeared before me this day of ROO 3, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, "*N"r, forth Cetokm 800 et tarps my Commkaion Etrp m Dw- II& 2p04. My commission Form SWU-102 Rev 3.99 Page 4 of 1612 Front Street Carteret County Stormwater Project No. SW8 960711 Engineer's Certification �d'D all lnQ as a registered Professional Engineer in the State of North Carolina, having been authorized4o observe periodically weekly/full time) the construction of the project, 1(0 I L F,Za nN ST IV for I ( ) Z pro nS1 STr �-LC. (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. Please note any deviations from the approved plans below: 'Pt YCrNcEPry Signature Registration Number 343 Date�IZy�9� �4 STATE OF NORTH CAROLINA COUNTY OF CARTERET qs DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS 1612 Front Street, a Residential Subdivision THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (hereinafter, the "Declaration") is made and entered into this the 23rd day of December, 1996, by 1612 FRONT STREET ASSOCIATES, LLC, a North Carolina Limited Liability Company (hereinafter referred to as "Declarant'). BACKGROUND STATEMENT Declarant is the owner of that certain tract or parcel of land in Beaufort Township, Carteret County, State of Nogrth Carolina, designated as 1612 Front Street, a subdivision recorded in Map Book Page ii (� , Carteret County Registry (hereinafter "Subdivision"). It is desired that the property constituting the subdivision be made subject to certain covenants and restrictions for the benefit of the said Declarant and successors in title to Declarant such that the subdivision will be developed in a uniform manner to the benefit of all present and future owners. Declarant now wishes to construct on the property, or such part of it as is submitted to this Declaration from time to time, a group of free-standing single-family residential units to be described as "1612 Front Street'. The total property comprising 1612 Front Street is described in Exhibit A to this Declaration. OPERATIVE PROVISIONS IT IS THEREFORE provided that said real property known as 1612 Front Street, as shown on that map recorded in Map Book at Page �fE, Carteret County Registry, is hereby made subject to the following covenants, restrictions, easements and conditions, to wit: a. Association. A North Carolina non-profit corporation (hereinafter referred to as "Association) named 1612 Front Street Owners Association, Inc. b. Lot. "Lot' shall mean the separately numbered parcels (numbered 1 through 11) depicted on the above -mentioned map. C. Common Areas. The "Common Areas" of the subdivision shall be as follows: (1) All streets and drives lying within the boundary lines of 1612 Front Street which are for the use of more than one individual Lot owner. (2) All of that property shown as "Open Space #1, #2 and #3" on the plat, subject to the rights of Declarant to add docks, boat slips and a marinia as provided in Article 25 herein. 1612 FRONT STREET -DECLARATION OF COVENANTS PAGE 1fo BQO 2 PAG C,L' BCliv' '� _� l r:-"FL-a-t1 (3) All remaining property within the outer boundaries of the subdivision as described in Exhibit A hereto, and which is not incorporated within those lots numbered 1 through 11 on the plat. paragraph. (4) Common Area lighting and subdivision street lighting. (5) Any and all improvements on the properties described in this sub- (6) All improvements that provide for the subdivision storm water drainage. (7) Any other property acquired for the common use of the Association. d. Articles. The Articles of Incorporation of the'Association. e. Bylaws. The duly -adopted by-laws of the Association. f. Home . An individual residential structure erected on an individual lot in the subdivision. g. Declarant. 1612 FRONT STREET ASSOCIATES, LLC, a North Carolina Limited Liability Company and its successors and assigns. h. Board. The Board of Directors of the 1612 Front Street Owners Association, Inc. 2. OWNERS ASSOCIATION, MEMBERSHIP ETC. . Declarant has or will cause to be formed the Association pursuant to Chapter 55A, North Carolina General Statutes, for purposes of owning, managing, maintaining and operating the Common Areas, enforcing the terms of this Declaration, and making assessments, as detailed herein and as described in the Articles and Bylaws of the Association. a. Membership. Each owner of a lot within the subdivision shall be a member of the Association. The Declarant, by this Declaration, and the owners of individual lots by their acceptance of individual deeds thereto, covenant and agree with respect to the Association: i) That for so long as each is an owner of a lot within the subdivision, each will perform all acts necessary to remain in good and current standing as a member of the Association; ii) That each shall be subject to the rules and regulation of the Association with regard to ownership of a lot; and iii) That any unpaid assessment, whether general or special, levied by Association in accordance with this Declaration, the Articles or the By -Laws of the Association, shall be a lien upon the Lot upon which such assessment was levied, and shall also be the personal obligation of the owner of the Lot at the time the assessment was levied. b. Classes of Membership, Voting Rights. The Association shall have one class of members who shall all be owners. Each member shall be entitled to one vote for each Lot owned; provided, however, when more than one person holds an interest in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to one Lot. With respect to voting rights for lots which are owned other than by one individual or by a husband and wife, the Secretary of the Association shall certify that person entitled to cast the vote for that lot as follows: PAG C c' r � U 1612 FRONT STREET -DECLARATION OF COVENANTS RQQ 1 .PAG PAGE 2 1. Tenants in common: on the basis of a written proxy, executed by all record owners, designating that individual who shall vote. 2. Corporations: on the basis of a corporate resolution of the directors, naming the person who shall vote. 3. Partnerships: on the basis of an instrument executed by all general partners, naming the person who shall vote. Further, there shall be no fractional votes allowed. Only members in good standing shall have the right to vote. A member is in good standing when no assessments or fines levied against his or her Lot are over 30 days in arrears. C. Management and Administration. The management and administration of the Common Areas of the subdivision shall be the right and responsibility of the Association, acting through its Board of Directors. The management shall be carried out in accordance with the terms and conditions of this Declaration, and the Articles and By -Laws of the Association, but may be delegated or contracted to managers or management companies. d. Additional Powers of Board of Directors. The Board of Directors shall have additional power as follows: 1. Architectural Control Committee: There is hereby established by the Board of Directors an Architectural Control Committee (ACC) which shall be composed of three (3) persons appointed by the Declarant until the Declarant no loner has the right to appoint and elect a majority of the Board of Directors of the "Association' The three (3) persons so appointed by the Declarant may but are not required to be property Owners or residents of said Subdivision. The Declarant shall appoint three (3) persons to serve as the Architectural Control Committee, and the Declarant shall appoint one or more successors upon the death, resignation or removal of any member of the Committee by the Declarant. One or more officers of the Declarant may be appointed by the Declarant to serve as members of the Architectural Committee. The appointed members of the Architectural Control Committee shall serve a term of one year or until their successors are elected or appointed. At such time as the Declarant no longer has the right to appoint a majority of the Board of Directors of the Association, then the Association shall appoint the three (3) members of the Committee, and the Association shall also have the right to appoint successors upon the death, resignation or removal of any member of the Committee. Either the Declarant or the Association may remove any member of the Committee at any time without cause. No building, dwelling or structure of any type shall be erected, constructed, placed or altered on any lot within the Subdivision until the construction plans and specifications showing the location and footprint of the structure, dwelling, buildings, driveway and utilities systems, and detailing the type and quality of workmanship or exterior design, materials, location, finished grade elevation, vegetation removal and similar features of the structure, dwelling and building have been approved by a majority vote of the Architectural Control Committee. The Architectural Control Committee shall have the authority to review and approve the quality of workmanship, use and design of materials, harmony of exterior design with existing structures, location, vegetation removal, topography and finished grade elevation of any structure, building or dwelling, footprint location, and similar building and architectural features. Approval shall also be required by the Architectural Control Committee as to all outbuildings, fencing, lot structures, clearing and landscaping. The Architectural Control Committee may also grant variances as to set back requirements if necessary or desirable because of topography, vegetation, irregular lot shape, and similar factors. However any such variance shall be conditioned upon approval of a similar variance by the Town of Beaufort Board of Adjustment or applicable agency if so required by the Town's Building Inspector or applicable Ordinances and Regulations. 3C`r0 z 7 7812 FRONT STREET -DECLARATION OF COVENANTS PAGE 3 ";' All plans and drawings shall be submitted to the Architectural Control committee and thereafter reviewed by the Architectural Control Committee within thirty (30) days. Approval or disapproval by the Committee shall be in writing, and reasons for denial of approval shall be specified therein. Denial may be based upon design, appearance and/or aesthetics or the lack thereof in the absolute discretion of the Architectural Control Committee. In the event the Committee fails to approve or disapprove an application within thirty (30) days after plans and specifications have been submitted, then these covenants shall be deemed to have been fully complied with. Approval bV Declarant. It is Declarant's intent to create a high quality subdivision using smaller lots, rear garages, rear access lanes thereto, closer dwelling houses, zero lot lines, and front porches. Accordingly, until otherwise waived by the Declarant in writing by the execution and recordation of an amendment hereto, all plans for residential dwellings on any lot will either be provided by the Declarant for use by the lot owner or the lot owner's contractor, or the plans shall first be approved in writing by the Declarant. Failure to use the design provided by the Declarant or approved in writing by the Declarant shall constitute a violation of these covenants which the Declarant or the Architectural Control Committee may enforce by enjoining further construction and may require the removal of the unapproved design and/or structure. Additionally, any contractor building any structure within the subdivision must be approved by the Architectural Control Committee prior to commencing construction. The Committee may require the Contractor to provide references or other related information to insure that structures built within the subdivision will not cause a decrease in property values of the other lot owners. 2. To adopt and publish rules and regulations concerning use and maintenance of the property, particularly with respect to the Common Areas, and to enforce the same by levying fines or by temporarily suspending the rights to the use of Common Area (except streets and drives) by members who violate such rules and regulations, or who violate any of the provisions of this Declaration. Any member who may be subject to a fine or suspension shall receive written notice thereof, and may call for a hearing before the Board to contest such action. The decision of the Board shall be final. Fines shall be limited, for each offense, to an amount not to exceed one-third of the then -authorized quarterly assessment. Continued violations, after notice, may be treated as successive, separate violations. These powers are in addition to such powers as may be vested in the Directors as a matter of law, by the Articles of Incorporation, and by the -By -Laws of the Association. Any fine levied under this section shall be deemed an assessment against the lot and collectible in accordance with Section 2 if not paid. 3. COMMON EXPENSES. The common expenses of the subdivision include: a) All amounts expended by the Association in operating, administering, managing, repairing, replacing and improving the Common Areas of the subdivision, as defined in this document; all amounts expended by the Association in insuring the Common Areas in the subdivision; all amounts expended by the Association in legal, accounting, engineering, or architectural fees; all similar fees which may be incurred by the Association from time to time in performing the functions delegated to the Association by this Declaration; and all amounts expended in any form by the Association in enforcing this Declaration, the Articles or the By -Laws. b) All amounts expended for utilities, including subdivision lighting, for the benefit of the Common Areas. c) All taxes and special assessments which may be levied from time to time by any governmental authority upon the Common Areas in the subdivision or upon the Association as a corporate entity. d) Expenses, including premiums associated with casualty and liability insurance as more fully set out in Section 13, infra. reseeding, litter pickup, and service of all utility lines and systems to any structure. Any changes to the exterior must not be made without the express approval of the Architectural Control Committee. b. The maintenance schedule and frequency of repairs shall be determined solely by the Association. Any owner may request, in writing or otherwise, any repair or maintenance desired; however, the Association shall be under no obligation to perform such repair or maintenance request unless the same is deemed by the Association to be of an emergency nature. However, the Association shall maintain a regular schedule of maintenance and repair and landscape care, in order to uniformly provide the subdivision with a pleasing exterior appearance. The Association shall be under an affirmative obligation to maintain the exterior of the subdivision in a way so as to maintain property values and to promote pleasing aesthetics. C. Notwithstanding the above, -each owner of a living unit shall be specifically responsible for the upkeep, maintenance, and expense of maintaining his heating and air conditioning system, regardless of whether or not elements of the same are located outside of the structure. d. Notwithstanding anything contained within this Declaration, repair or replacement of exterior windows, doors, skylights, exterior shutters, and exterior lighting shall be the responsibility of the individual owner, and all expense thereof shall be borne by the individual unit owner. e. Homes in 1612 Front.Street are designed, constructed and sold landscaped with appropriate lawn areas, ground cover, shrubs, and other landscape features, including in certain instances garden structures. Association shall maintain a file of landscape plans as constructed, and such landscaping shall be maintained by Association. However, subject to the approval of the board of the Association, owners may create additional plantings within the area defined as "the courtyard", and the expense and maintenance of such be the sole responsibility of the owner. If an owner shall expand upon the basic landscaping plan, he or she shall first obtain written approval from the ACC and be responsible for all maintenance of such additional landscaping. If such owner fails to maintain the additional landscaping, so as to maintain the appearance, and thus the property values, in the subdivision, the Association shall provide such additional maintenance and shall account for the cost of so doing, which cost shall then be charged to the owner and shall be treated as an assessment, subject to all of the provisions of this instrument and of the Articles and By -Laws of the Association. I. All interior maintenance of homes in 1612 Front Street shall be the responsibility of the owner of the home. Each owner is under an affirmative obligation to maintain the structural integrity of his home. g. Notwithstanding anything contained within this Declaration, any maintenance or repairs performed by the Association which are occasioned by the negligent or wilful act of a member or guest of a member, shall be charged to the member, and shall be treated as a separate assessment under the terms of this Declaration. 8. OWNERSHIP OF THE COMMON AREAS. The common areas of 1612 Front Street shall be conveyed to the Association, in fee simple but subject to all of the terms and conditions of these instruments and such other easements for utilities. Membership in the Association entitles each homeowner to a membership interest in the common area equal to that of all other members. 9. PROHIBITION AGAINST FURTHER SUBDIVISION OR ALTERATION OF HOMES SO AS TO CREATE MULTIPLE OCCUPANCY. No lot in 1612 Front Street may be subdivided, nor may any portion thereof be conveyed to any other person without the transfer of the whole, with the exception that, subject to the approval of the Board of Directors, conveyances may be made between lot owners or between lot owners and the Association for 1612 FRONT STREET -DECLARATION OF COVENANTS PAGE 6 J the purpose of any necessary adjustment of property lines in the case of minor encroachments or inaccuracy in the location of structures or improvements. In addition, no owner of a lot in 1612 Front Street may alter his home in such a manner as to make the home susceptible to occupancy by more than one single family. For this purpose, a separate single family dwelling unit is defined as a separate apartment or portion of the home which is independently self contained: that is to say, would contain an additional kitchen, one or more baths, living quarters, and sleeping quarters. This prohibition is not intended to affect circumstances in which accommodations are made in the interior design of a home to provide for living quarters for members of an immediate family, including direct antecedents or descendants of the owner. Any modifications made to accomplish this latter purpose shall be submitted to, and may be approved by, the Board of Directors. 10. PARKING. In determining the amount of parking space allocated to Lots in 1612 Front Street, available parking has been provided for two (2) spaces per unit. The Board of Directors shall adopt reasonable rules and regulations respecting the use of such parking space. 11. EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. In the event that any assessment, general, home maintenance, or special, is not paid within thirty days of its due date, the Board of Directors of the Association may, at its option, declare the entire unpaid assessment, whether general, home maintenance, or both, immediately due and payable, and such unpaid assessment shall bear interest from and after the due date at the rate of eighteen percent per annum. The Association may bring an action at law against the owner personally obligated to pay the assessment or may foreclose the lien against his Lot to collect said assessment. Interest, reasonable attorney's fees actually incurred and costs of such action or foreclosure shall be added to the amount of each assessment. Each Lot Owner, for himself, his heirs, successors and assigns, by his acceptance of a deed to a Lot, expressly grants to and vests in the Association or its agents the right and power to bring such action or foreclosure. Any such foreclosure shall be accomplished in an action brought in the name of the Association in the manner that a foreclosure of a mortgage or a deed of trust under a power of sale would be brought as outlined in Chapter 45, North Carolina General Statutes, and each owner grants to the Association a power of sale in connection with any such charge or lien. The lien provided for in this section shall be in favor of the Association and shall be for the benefit of all other Owners. For purposes of foreclosure only, The president of the Association shall be deemed the "Trustee" as defined by Chapter 45, North Carolina General Statutes, and the Association shall have the sole authority to replace the President as Trustee in the event of a foreclosure under this section. The Association, acting on behalf of the Owners, shall have the power to bid on any Lot and to acquire and hold, lease, mortgage and convey the same. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the common area or abandonment of his Lot. 12, PRIORITY OF LIEN. The lien of the assessments provided for herein shall be prior to all other liens and encumbrances except first mortgages to institutional mortgagees. Sale or transfer of any Lot shall not affect the assessment lien. However, sale or transfer of any Lot by foreclosure of any senior mortgage or deed of trust, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. Such unpaid assessment shall be deemed to be an expense of the Association assessable against and collectable from all Owners, including such acquiring mortgagee, his heirs, successors and assigns. No such sale or transfer shall release such Lot from liability for assessments thereafter becoming due, or from the lien thereof, nor shall any such sale or transfer release the personal obligation of the Owner of the Lot at the time the unpaid assessment became due. 1612 FRONT STREET -DECLARATION OF COVENANTS (/ PAGF�---r PAGE 7 600 13. RESERVE FUNDS. From and after the recording of this Declaration, the Association shall establish and maintain a capital reserve fund or funds for maintenance of the common area improvements and the homes by allocation and payment monthly to such reserve fund or funds in such amounts and in such manner as may be established from time to time by the Board of Directors of the Association. The reserve fund or funds shall be segregated from operating funds of the Association and may be in the form of a cash deposit, or invested in the obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund or funds shall be used for the purpose of repairing, replacing and maintaining any and all facilities of the subdivision and for such other purposes as may be determined by the Board of Directors. The aforesaid allocation and payment monthly to such reserve fund or funds shall be made out of regular assessments. This reserve fund shall belong to the Association and no lot owner or former owner shall be entitled to withdraw any amounts of reserve for any reason. 14. AUTHORITY TO PURCHASE INSURANCE. Insurance policies upon the common area shall be purchased by the Board of Directors for the Association. If available, such policies as are procured for the common area shall provide that the insurer waives its right of subrogation as to any claims against Lot Owners, the Association and its respective servants, agents, lessees and guests. Individual Lot Owners are obligated and do hereby covenant, to procure and maintain on their individual properties fire and extended coverage insurance at replacement cost levels, and copies of such policies, or certificates of insurance, shall be maintained on file by the Board of Directors of the Association. The Board, in its absolute discretion, may establish minimum limits of coverage for the various types of homes within 1612 Front Street. Such policies shall, if available, contain the same waiver of subrogation rights as described hereinabove for insurance in the common areas. 15. INSURANCE COVERAGE FOR ASSOCIATION AND THE COMMON AREA: a. Insurance Coverage and Use and Distribution of Proceeds. The following insurance coverage shall be maintained in full force and effect by the Association covering the common areas: i. Casualty insurance covering any buildings and all improvements upon the common area and all personal property of the Association, in an amount equal to 100% of replacement cost thereof (exclusive of excavation, foundations, streets, and parking facilities) as determined annually by the Board of Directors. Such coverage shall afford protection against all risk, subject to normal exclusions, including (a) loss or damage by fire and other hazards covered by the standard extended coverage endorsement and (b) such other risks as may from time to time customarily be covered with respect to buildings similar in construction, location and use, including but not limited to vandalism and malicious mischief. ii. Public liability and property damage insurance in such amounts and in such forms as shall be required by the Association, including legal liability, hired automobile, non -owned automobile and off premises employee coverage. iii. Officers and Directors liability coverage, in the discretion of the Board of Directors. iv. All liability insurance shall contain cross liability endorsements to cover liabilities of the Lot Owners, as a group, to a Lot Owner. V. Fidelity coverage protecting against dishonest acts by Association officers, directors, trustees and employees and all others who are responsible for handling funds of the Association in the amount of one year's operating budget, plus projected reserve balances during the budget year. In the event professional management is obtained by the Association and it (the professional management 0 17 PAGEc 1612 FRONT STREET -DECLARATION Of COVENANTS PAGE 8 company) has such coverage and it handles all funds of the Association, then this requirement will be satisfied. b. Premiums upon insurance policies purchased by the Association shall be paid by said Association and charged as a common expense. 16. INSURANCE BY OWNERS MANDATORY. All owners shall procure policies for fire and extended coverage on their homes and flood insurance if in flood zone. Such coverage shall be at replacement cost levels, and current Certificates of Insurance shall be filed with the Association. Upon failure of an owner to comply with this requirement, the Association is authorized to procure such insurance and to assess the owners the full amount of the premium, plus any incidental expense. Such assessment shall constitute a lien and be enforceable in the same manner as for regular periodic assessments. 17. RECONSTRUCTION OR REPAIR AFTER CASUALTY DAMAGE a. Determination to Reconstruct or Repair. If any home in 1612 Front Street shall be damaged or destroyed by flood or casualty, the home shall be reconstructed in its existing design. The Board of Directors of the Association shall replace any structures in the common area which are destroyed or damaged to an extent equal to more than 75% of their replacement cost, except that the membership of the Association, by vote of 2/3rds of the members present in person or by proxy at a special meeting called for the purpose, may elect not to replace the improvements. 18. OBLIGATION OF THE DECLARANT TO PAY ASSESSMENTS. Declarant shall be responsible for the payment of the full assessment for any lot upon which a home has been erected, completed, and for which a Certificate of Occupancy has been issued. In addition, the Declarant shall be responsible for the payment of all costs associated with the maintenance of the common area of 1612 Front Street, to the extent that such costs are not covered by assessments from individual lot owners. This obligation is limited further to the payment, periodically, of an amount equal, per platted and approved lot, to an amount not in excess of the pro-rata general assessment paid by other lot owners. 19. USE RESTRICTIONS. a. Residential Use. The owner of a home shall occupy and use his home as a single family private dwelling for himself and the members of his family, his guests, licensees, lessees and invitees. b. Prohibited Acts. The Lot Owner shall not permit or suffer anything to be done or kept in any home which will increase the rate of insurance on the property or which will obstruct or interfere with the rights of other Lot Owners, or annoy other Lot Owners by unreasonable noises or otherwise. Further, the Lot Owner shall not commit or permit any nuisance, or any immoral or illegal act in or about the subdivision. C. Signs. No advertising signs, billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on any of the property comprising 1612 Front Street, including Lots. This restriction shall not apply to the marketing activities of the Declarant while it is engaged in the development of the property. The Board of Directors may adopt size and design limitations on customary realtors' "For Sale" or "For Rent" signs. d. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of the property, except no more than a combined total of 3 dogs, cats or other usual household pets may be kept by the respective owners only, in their respective homes, provided that they are 7not kept, bred or maintained for any commercial purposes and do not endanger the health of or, in FAG 1612 FRONT STREET -DECLARATION OF COVENANTS I\/ C/ -3C�/ ` the sole discretion of the Board of Directors of the Association, unreasonably disturb the owner of any Lot or any resident thereof, and provided, further, that such pets shall not be allowed in the general common area of the subdivision unless on a leash or carried by the owner thereof. The Board shall be authorized to reduce the total number of allowed pets, but not less than one per owner, should such ownership become a nuisance as determined by the Board. e. Vehicles. Recreational vehicles, motor homes, travel trailers, campers, boat trailers, trucks (except as delineated hereafter), tractors, or commercial vehicles generally shall not be parked or otherwise allowed to remain on the property, with the following exceptions: (1) Such vehicles may be brought onto the property to be loaded or unloaded, but in no event overnight. (2) Pick-up trucks, minivans, station wagons, sports utility vehicles and other vehicles in general use as family passenger vehicles and having an over-all length less than 22 feet and a gross vehicle weight less than 6,000 lbs. are permitted. (3) Any vehicle which is housed entirely within a closed garage. f. Mobile homes, trailers, manufactured homes, modular homes, tents and all other structures of a temporary character are expressly prohibited from being placed, put or maintained on any lot at any time. Provided, this prohibition shall not apply to shelters used by a Contractor or Builder during the construction of a single family dwelling so long as said temporary shelter is not used at any time as a resident and said temporary shelter is immediately removed following completion of the dwelling. As used herein, the term "mobile home" and "manufactured home" shall have those definitions and meanings set forth in G.S. 41-2.5, G.S. 143-143.9(6), and G.S. 143-145(7). Provided, that the width and length of a manufactured home, or mobile home shall be irrelevant and inapplicable as it is the intent of these covenants to prohibit manufactured homes, modular homes and mobile homes of all sizes regardless of length or width. g. Only stick built detached single family homes first submitted to and approved by the Architectural Control Committee shall be permitted on any of the lots within the subdivision. A "modular" home which is defined herein as a prefabricated structure having floors, walls, ceilings, or roof composed of sections or panels of varying size which have been fabricated prior to erection on a building foundation, shall be prohibited. No buildings or structures of any kind shall be permitted on any lot within the Subdivision unless first submitted to and approved in advance by the ACC. h. All fuel tanks or similar storage receptacles are prohibited from, being exposed to view. Any such receptacles may be installed only within the main dwelling house, within a permitted accessory building, within a screened area, or buried underground. Provided, the Declarant shall be permitted to erect, place or permit the placement of tanks, equipment or other apparati within the Subdivision for uses related to the provision of sewage, water and other utilities to the Subdivision, i. Each lot Owner shall provide receptacles for garbage and trash in a screened area not generally visible from the road giving access to the premises, or shall provide underground trash and garbage receptacles or similar facilities. All fuel tanks and wood piles shall be enclosed within a fence, wall or plant screen so that the same shall not be visible from any street or residence in the Subdivision. 20. EASEMENTS. The nature of the design of 1612 Front Street, creates a need for systems of easements to accommodate the design and to make the use and enjoyment of the property feasible. a. Easements . Each lot in 1612 Front Street is subject to easements as follows: 1. For minor encroachments resulting from minimal survey and construction errors. 1612 FRONT STREET -DECLARATION OF COVENANTS PAGE 10 2. A 25 foot access for ingress, egress and access to the rear of each home along the western portion of lots 1 through 10 and designated as "25 foot Garage Access Easement" on the Plat. 3. For access to the common areas, including any portion of a dock and pier designated as common area. 4. For utilities servicing adjoining properties. 5. To the Association, for maintenance of landscaping and for building maintenance generally, as provided in Section 7 above. 6. For drain lines, vents, clean -out outlets, and other such encroachments. 7. For accommodating landscaping improvements by the an owner. 8. To the Declarant, for construction of a home on an adjoining lot or lots, to the extent that such construction activities may encroach temporarily on any lot. Declarant shall be responsible for repair or restoration of any damage caused by such activities. 9. Use and Maintenance of Private Roads. Declarant specifically grants to each lot Owner and his heirs, executors, administrators, successors and assigns, a permanent easement appurtenant to ownership of each lot over and across the streets and roads of said subdivision shown on said recorded plat and known as Carrot Island Lane, as well as all lanes, alleys and access easements as shown on said recorded plats. All roads, lanes and access easements within the subdivision shall be private and are limited and restricted to the use of the lot Owners herein and their heirs, executors, administrators, successors and assigns. Declarant in conjunction with Association reserves the right to grant, transfer and convey a permanent right of way and easement to the Town of Beaufort for one or more subdivision roads, thereby dedicating said roads to the public. Pending transfer of the roads to the Town of Beaufort or other governmental agency, all costs and responsibility for maintenance and upkeep of the subdivision roads, lanes and alleys shall belong to the Association The Association shall provide as part of its annual dues all estimated costs for the upkeep and maintenance of the rights -of -way, roads and alleys. 10. Those easements for utilities and other matters as shown on recorded plat. 21. COMPLIANCE WITH STORMWATER RUN-OFF LOW DENSITY REQUIREMENTS. 1612 Front Street is designed and constructed in accordance with the requirements of the State of North Carolina for "low density" development. These requirements establish the maximum amount of impervious surface which may exist within the subdivision, whether within individual lots or within the common areas. Under the regulations in effect at the time of adoption of this instrument, the maximum allowable impervious coverage within this zone is 61%. To achieve adherence to these limitations, the Declarant adopts the following express covenants and restrictions: a. The provisions of this Article shall run with the land and shall be binding upon the Declarant, its successors and assigns. b. For the purpose of enforcement of this Article, the State of North Carolina is expressly made a third -party beneficiary hereto, and no amendment to this Article shall be effective without the written consent of the State. The rights of the State hereunder are limited to this Article alone, concerning stormwater runoff regulation and control, and do not extend to other articles of this Declaration unrelated thereto. c. With respect to the common areas of the subdivision, the Association shall erect or cause to be placed within the common areas no impervious surfaces which are not shown on the approved plan referenced above, without obtaining the express written consent of the State. 6QOK ,_ PAGE - ---7C 1612 FRONT STREET -DECLARATION OF COVENANTS PAGE 11 d. With respect to individual lots within the subdivision, all construction shall be subject to approval of the Association, and in particular no owner shall at any time, without the approval of the Association and of the State, erect or place on any lot any impervious surface not incorporated in the approved design. may be constructed on any lot. The following rules shall apply to the placement of individual designs, or models, on the lots: (1) The maximum built -upon area for lots 1-10 is 3,500 square feet, and for Lot 11. is 4,500 square feet, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking. (2) The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. (3) Alteration of the drainage as shown on the approved plan may no take place without the concurrence of the State. (4) Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA's regulations. (5) Lots shall be conveyed with express reference to these covenants, and lots shall be conveyed only with an accompanying contract to construct a specific design on the lot. The deed shall also specify the impervious surface allowable on the lot, in accordance with the limitations set out in this Article, and in the approved plan. 22. RENTALS OF HOMES BY OWNERS. Owners shall have the right to rent their homes for single family use only, but provided that in no event shall rentals be for a period of less than three months. The Board of Directors shall have the authority to establish such reasonable rules and regulations concerning rental of the home as may be deemed necessary in the future, including the right to review and approve lease forms. Subject to such rules and regulations, the Lot Owners, including Declarant, shall have the absolute right to lease or rent the same subject to the terms of this Declaration and further subject to the rules and regulations of the Association. Anything in the preceding paragraph to the contrary notwithstanding, each Lot Owner, by acceptance of a deed, grants unto the Association the right to evict tenants of the Lot Owner from Owner's home, without notice to the Owner, for violation of this Declaration or of duly -adopted rules or regulations of the Association. Any lease for a home, whether or not same shall be in writing, shall be deemed to include, and shall be subject to, the terms of this Declaration and rules and regulations of the Association. The Declarant shall have the right to lease any home or homes within the subdivision from any owner or owners who agree to enter into such leases, for any term of months, for use as a model home or homes. This right of the Declarant expires upon the sale of all lots in the subdivision by the Declarant. 23. AVAILABILITY OF ASSOCIATION RECORDS. The Association shall make available to Lot Owners and lenders, holders, insurers or guarantors of any mortgage on a Lot, current copies of the Declaration (and amendments thereto), By -Laws, and other rules and regulations concerning the subdivision, and books, records and financial statements of the Association. For purposes of this article the term "available" shall mean available for inspection, upon request, during normal business hours or under other reasonable circumstances. 24. RIGHTS RESERVED UNTO LENDERS. So long as any entity shall hold any mortgage or lien upon any Lot or Lots, or shall be the owner of any Lot or Lots, such entity shall have, in addition to the rights otherwise provided herein, the following rights: J 1612 FRONT STREET -DECLARATION OF COVENANTS PAGE 12 a. To be given written notice by the Association of the call of any meeting of the membership, which notice shall state the purpose of such meeting, and to designate a representative to attend. b. To be given written notice of default by any Lot Owner owning a Lot encumbered by a mortgage or lien held by such entity, such notice to be sent to the place which said entity may designate in writing. C. To be given written notice of any loss to or taking of the common areas of the subdivision if such loss or taking exceeds $10,000.00, or damage to a home in excess of $15,000.00. d. To receive written notice of any condemnation or eminent domain proceeding or proposed acquisition by a condemning authority. e. To receive written notice of delinquency in the payment of assessments by a Lot Owner which remains for a period of sixty days. f. To receive written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. g. To receive written notice of any proposed action which would require consent of a specified percentage of mortgage holders. Whenever an entity holding any mortgage or lien upon any Lot or Lots desires the provisions of this article to be applicable to it, it shall serve written notice of such fact upon the Association identifying the Lot or Lots upon which such entity holds any mortgage, or identifying any Lots owned by it, together with sufficient facts to identify such Mortgagee, and such notice shall designate the place to which notices are to be given by the Association to such entity. In the absence of such written notice by a lender, the Association shall have no obligation to give notice to such entities under this Article. 25. ADDITION OF BOAT SLIPS AND MARINA TO ASSOCIATION The Declarant may, at its sole option, add additional property, said property is described in this section below, to this Declaration, without the consent of any Lot owners, within five (5) years of the recordation of this Declaration, by recording a Supplementary Declaration with respect to such property which designates it as part of the Subdivision and by filing with the Supplementary Declaration in the Register of Deeds of Carteret County the plat(s) for such addition. Upon such filing, the additional property shall subject to the terms of this Declaration and shall be given all right and responsibilities as provided herein, including membership for property owners in the Association. Upon recording, all property, including those submitted by this Declaration, shall be subject to any new terms and conditions contained therein if specifically stated in the Supplementary Declaration. The additional property shall be limited to a marina, boat slips and docks located adjacent to the southern boundary line of the subdivision and located upon the waters of Taylor's Creek. The property will not be common property, except as provided in the Supplemental Declaration, but shall be the property of Declarant and may be leased to lot owners as provided therein. If submitted, Declarant may create easements across the common property of the Association for access to the Marina, slips and docks, and also may create reasonable rules and regulations concerning use and maintenance of the additional property, including payments of fees for users of the slips. 26. MISCELLANEOUS PROVISIONS a. Covenants Running with the Land. This Declaration shall be governed by, and construed and enforced pursuant to, the laws and judicial decisions of the State of North Carolina. Each Lot Owner, by the acceptance of a deed of conveyance for a Lot, accepts the same subject to all restrictions, conditions, covenants, reservations, liens, and charges, and the jurisdiction, rights and powers created or reserved by this Declaration, as same may be amended. All rights, benefits and privileges of 1612 FRONT STREET -DECLARATION OF COVENANTS .. ,. .. �•. PAGE 13 every character hereby granted, created, or reserved or declared, and all impositions and obligations hereby imposed shall be deemed to be covenants running with the land, and shall bind any entity having at any time any interest or estate in said land, and shall inure to the benefit of such entity in like manner as if the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance. b. Construction and Enforcement. The provisions hereof shall be liberally construed to effectuate the purpose of creating, preserving and maintaining the Development Area and the operation of a residential community of the highest quality. Any Lot Owner, the Association, Declarant or any entity holding a mortgage or deed of trust on a Lot may enforce these covenants and restrictions by any proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain or enjoin violation or to recover damages, or both. The Association may bring any proceeding at law or in equity to enforce any lien in their favor created hereby. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or any attempted violation or breach of any of the within covenants or restrictions cannot be adequately remedied by action at law or exclusively by recovery of damages. Any defaulting party shall be liable for the costs of enforcement of such covenants and restrictions, including, without limitation, reasonable attorney's fees actually incurred and court costs. C. Term and Amendment. This Declaration shall run for 20 years from the date of recording and shall be automatically renewed, unless 66% of the then lot owners shall vote otherwise. This instrument may be amended by a recorded instrument executed by the owner(s) of two-thirds of the lots in the subdivision with the following exceptions: 1. Any amendment impairing the rights of any institutional mortgage or mortgagee shall be ineffective unless executed by such mortgagees. 2. Any amendment affecting stormwater run-off restrictions shall require the joinder of the State of North Carolina. 3. Any amendment impairing the development or marketing rights of the Declarant shall be ineffective unless executed by the Declarant. Further, The Declarant may amend these restriction at any time without the permission of any lot owner for a period of one (1) year after recording, or until all lots are conveyed to third parties, whichever occurs first. d. Street Lighting. The Declarant reserves the right to subject the real property in this subdivision to a contract with Carolina Power and Light Company for the installation of underground electric cables which may require an initial contribution and/or the installation of street lighting, which will require a continuing monthly payment to the applicable electrical utility company by the Owner of each building or the Association. This payment will be part of the quarterly general assessment. e. Waiver, Severability and Headings. No covenants, restrictions, conditions, obligations or provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. The invalidity of any covenant, restriction, condition, limitation or any other provision of this Declaration, or of any part of the same, shall not impair or affect in any manner the validity or enforceability of the rest of this Declaration. The heading to each article and section hereof is inserted only as a matter of convenience for reference and in no way limits or describes the scope or the intent of this Declaration nor in any way affects this Declaration. f. Person to Receive Service of Process. Joe H. Christian is hereby designated to receive service of process in any action which maybe brought against or in relation to the common BOOK PAGE 14 elements. Said person's address is 325 Front Street, Beaufort, North Carolina 28516. Service of process in any action which may be brought against or in relation to a Lot shall be made upon the Lot Owner. IN WITNESS WHEREOF, the Declarant has caused this instrument to signed in its Limited Liability Company name by its duly authorized members its seal to be hereunto affixed by authority of the..LLCF, - the day and year first above written. P� "' { 1612 FRONT STREET ASSOCIATES, LLC BEAUFORT REALTY COMPANY l +, Member BY 7' Presicj nt Secr ary t t SUPERIOR STRUCTURES, INC. Member President Ili .���Cr�_ Se- cry ;- ate:: •' STATE OF NORTH CAROLINA COUNTY OF CARTERET .' • A, I, a Notary Public of the aforesaid County and State, do hereby certify that BEAUFORi :REFlLTY- COMPANY and SUPERIOR STRUCTURES personally came before me this day and acknowledgedthaf they are members of 1612 FRONT STREET ASSOCIATES, LLC, a North Carolina Limited Liability,,...,...• Company, and that by authority duly given and as the act of the LLC, the foregoing instrument was signed in its name by members. Witness my hand and official stamp My Commission Expires: --- — aoob NO`�Ti I G1r r� roll (� CC l�l T.elcr c^' �c-,li �, nr; sent2 office in This Va oc., . , ti' slur o! El Jed' By—__— =mil BOOK 1612 FRONT STREET -DECLARATION OF COVENANTS PACE 15 EXHIBIT A All of that property as shown on that Plat entitled "1612 Front Street, A Residential Subdivision" as recorded in Map Book, at page L/b , Carteret County Registry. This document is being rerecorded in order to correct a typographical error contained in Section 2 (d.)(1.). John M. Harris -Attorney NORTH CAROLINA, CARTER F Ot TY-. The foregoing certificate(s) of ��"" X c-Cc �� t Is (are) certified to be correct. This instrument was pre - San' gistrati� � iAccorded 1�� office in Tills day o g 9 a0'cloc k M. 131mron Piner Register of Deeds, By lc.• k. �_ rsfant. Deputy 1612 FRONT STREET -DECLARATION OF COVENANTS PAGE 16