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Home My WebLink AboutSW8980434_CURRENT PERMIT_20220114STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 °j�s o` 4 3y DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Z o2Z p I YYYYMMDD i ROY COOPER Governor ELIZABETH S BISER secretary BRIAN WRENN Director January 14, 2022 Bald Head Island Limited LLC Attn Charles A Paul, III, CEO/Manager PO Box 3069 Bald Head Island, NC 28461 NORTH CAROLINA Envtroamenta/ Quality Subject Permit Renewal Post -Construction Stormwater Management Permit No SW8 980434 Row Boat Row Brunswick County Dear Mr Paul The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on December 28, 2021 The Division is hereby notifying you that permit SW8980434 has been renewed, updated, and re -issued on January 14, 2022, as attached As requested, a copy of the current operation and maintenance agreement is also enclosed 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 April 7, 2030 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 919-431-3000, 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 concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym smith@ncdenr gov Sincerely, , 0Q 59 ; Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures Attachment A — Designer s Certification Form Attachment C — Permitting History Renewal Application Documents Copy of the current operation and maintenance agreement DES/ams %StormwaterTermits & Projects\1998\980434 HD\2022 01 permit 980434 cc Bruce Marek, PE 5489 Eastwmd Road Wilmington, NC 28403 Wilmington Regional Office Stormwater File D � �North Carolina Department of Environmental Quality I Dmsion of Energy Kineral and Land Resources Wilmington Regional Office 1127 Cardmal Drive Extension I Wilmington, North Carolina 28405 9107967215 Post -Construction Stormwater Management Permit No SW8 980434 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION 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 Bald Head Island Limited LLC I: 0 WA :M* - rlP►I.YlLT�7 .T1 Brunswick County FOR THE construction operation and maintenance of 14 individual infiltration trench systems and three infiltration basins 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 April 7 2030 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 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 on pages 3 thru 6 of this permit the Project Data Sheets The subdivision is permitted for 18 lots each allowed a maximum of 2 500 ftZ of built -upon area per Exhibit A attached to this permit The common area is limited to a maximum of 500 ftZ 3 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system A permit modification must be submitted and approved prior to the construction of additional built -upon area from outside of the approved drainage area Page 1 of 8 Post -Construction Stormwater Management Permit No SW8 980434 4 5 The following design criteria have been approved and must be maintained in the permitted infiltration trenches I m n 0 p q Drainage Area acres Onsite ft2 Offsite ft2 Design Storm Total Impervious Surfaces ft2 Trench Dimensions L ft Width W ft Height H ft Pipe Diameter & Length Required Storage Volume ft' Provided Storage Volume ft' Bottom Elevation FMSL Top of Storage Elevation FMSL Controlling Orifice Type of Soil Expected Infiltration Rate Seasonal High Water Table Time to Draw Down Name of Receiving Stream Stream Index Number Classification of Water Body Drainage Basin #1 1 15 50 094 0 1' 25 478 IT-1 = 37 5 IT-4 & IT-5 = 38 5 (14 trenches, IT-1 thru IT-14) IT-2 IT-3 and IT-6 thru IT-14 = 31 5 IT-1 thru IT-14 = 2 5' IT-1 thru IT-14 = 2 5' 2 50 / 461' total 2 120 2,263 40 650 18' cp overflow (invert 7 50 FMSL) Sand Newhan & Fripp 30 0 inches per hour 2 0 FMSL <1 0 hour Bald Head Island Marina CPF18-88-8-5 SC The following design criteria have been approved and must be maintained in the permitted infiltration basins DS #2 DB#3 DB#4 a b c d e f 9 h k I m Drainage Area ft2 Onsite ft2 Offsite, ft2 Design Storm Total Impervious Surfaces ft2 Bottom Surface Area ft2 Bottom Elevation FMSL Storage Elevation FMSL Provided Storage Volume ft' Type of Soil Expected Infiltration Rate Seasonal High Water Table Time to Draw Down hours Name of Receiving Stream Stream Index Number Classification of Water Body II SCHEDULE OF COMPLIANCE 39 640 30 492 28 314 39 640 30,492 28 314 0 0 0 15 15" 15 13,890 19 900 9 800 1250 1200 800 90 70 75 10 8 85 2000 1 920 1 280 Sand Newhan & Fripp 30 0 inches per hour 2 0 FMSL 2 0 FMSL 2 0 FMSL 10 10 10 Cape Fear River CPF18-(87 5) "SA" The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division and responsibility for meeting the built -upon area limit is transferred to the individual property owner Page 2 of 8 Post Construction Stormwater Management Permit No SW8 980434 2 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 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 except roads During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately The permittee grants permission to DEMLR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit 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 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 8 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 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 9 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 Page 3 of 8 Post Construction Stormwater Management Permit No SW8 980434 10 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 a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and revegetation of side slopes d Immediate repair of eroded areas e Maintenance of side slopes in accordance with approved plans and specifications f Debris removal and unclogging of outlet structure orifice device and catch basins and piping g Access to the outlet structure must be available at all times 11 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 12 Prior to the sale of any lot deed restrictions must be recorded limiting the built -upon area per lot to the amount as shown on Exhibit A The recorded statements must follow the form a The maximum built -upon area per lot is 2 500 ftz 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, roofed structures, asphalt concrete gravel brick stone slate and coquina but does not include raised open wood decking or the water surface of swimming pools b The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State c Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State d Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations e All runoff on the lot must drain into the permitted infiltration systems This may be accomplished by providing roof drain gutters which drain to the street grading the lot to drain toward the street, or grading perimeter swales and directing them into the infiltration areas or street Lots that naturally drain into the system are not required to provide these additional measures 13 A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat and prior to selling lots The recorded copy must bear the signature of the Permittee, the deed book number and page and the stamp/signature of the Register of Deeds III GENERAL CONDITIONS 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 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) Page 4 of 8 Post -Construction Stormwater Management Permit No SW8 980434 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 4 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, n 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 IV 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 Homeowners or Property Owners 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 5 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 protect 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 protects 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 5 of 8 Post -Construction Stormwater Management Permit No SW8 980434 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 14th day of January 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION _9 =& P Direct r Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 980434 Page 6 of 8 Post Construction Stormwater Management Permit No SWB 980434 Stormwater Protect Number SW8 980434 Mod Page 1 of 2 Bald Head Island -Row Boat Row Subdivision Brunswick 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 protect (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 Required Items to be checked for this certification to be considered complete are on page 2 of this form Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 7 of 8 Post -Construction Stormwater Management Permit No SW8 980434 Page 2 of 2 Designer 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 The outlet/bypass structure elevations are per the approved plan 5 The outlet structure is located per the approved plans 6 Trash rack is provided on the outlet/bypass structure 7 All slopes are grassed with permanent vegetation 8 Vegetated slopes are no steeper than 3 1 9 The inlets are located per the approved plans and do not cause short-circuiting of the system 10 The permitted amounts of surface area and/or volume have been provided 11 Required drawdown devices are correctly sized per the approved plans 12 All required design depths are provided 13 All required parts of the system are provided such as a vegetated shelf and a forebay 14 The dimensions of the system per the approved plans are provided cc NCDEQ-DEMLR Wilmington Regional Office Brunswick County Building Inspections Page 8 of 8 Attachment C - Permitting History Row Boat Row Permit No SW8 980434 Approval Date Permit Action 6 BQNS Version Descnption of the Changes 12/17/1999 Original Approval 10 6/24/2004 Modification 11 2/2/2015 Renewal 20 1/14/2022 Renewal 3 0 Expires April 7, 2030 DEMLR USE ONLY Date leceivep Fee Paid Permit Number U 5 `U cJ t5 �3 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 holdershall renew theirhigh density permit 180 days prior to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60 (c) This application form is for permit renewals only A PROJECT INFORMATION 1 State Stormwater Permit Number SW8-980434 2 Project name Row Boat Row 3 Project street address Row Boat Row City Bald Head Island County BRUNS ZIP 28461 4 What if any changes have been made to the project as permitted? Proiect Infiltration Systems and road have been completed, but not all houses have been built 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/divisions/energy- mineral land-resources/energv-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 https //deg nc gov/about/dwisions/energv-mineral-land- resources/energv-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 Bald Head Island Limited LLC 2 Signing Officials Name Charles A Paul, III 3 Signing Officials Title CEO/Registered Agent/Manager 4 MailingAddress PO Box 3069 City Bald Head Island State NC ZIP 28461 5 Street Address 6 Maritime Way City Bald Head Island State NC ZIP 28461 6 Phone (ILO) 457 7358 Email cpaul(d)bhisland com DEC 18 2021 BY Stormwater Permit Renewal Form Page 1 of 3 May 11 2 C SUBMITTAL REQUIREMENTS SW8-980434 Row Boat Row (Bald Head Island, NQ 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 X 1 A permit application processing fee of $505 00 payable to NCDEQ X 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 X 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 X 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 ® 1 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 X 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 X 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 X 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 sosnc gov/online services/search/bv title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 DEC 2 8 2021 May 11 2018 D PERMITTEE'S CERTIFICATION SW8-980434 Row Boat Row (Bald Head Island, NQ 4�6w\ as the person legally responsible for the permit certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and It will be kept on site) that I am responsible for the performance of the maintenance procedures and the site has been and will be maintained according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the protect SCMs or ownership All information provided on this permit renewal application is to the best of my knowledge co complete Signature Date t Z 120 /?1 NOTARIZATION a Notary Public for the State of County of 8e u NS u, c K do hereby certify that ('�Ad f r s H_ Nxw I this the .244L day of c�yi0 ",jqF&,Fof,9omg instrument Witness my hand and official seal p \ STG� Itar7pa�jq,Q� (P a SiXure My $o�i�si��exdiresld0 aG personally appeared before me 20_gLL_ and acknowledge the due DEC 18 Y011 By Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018 Permit No (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details I PROJECT INFORMATION Project Name Contact Person Row Boat Row Subdivision Ken Stewart Phone Number (910) 457-7326 For projects with multiple infiltration systems, a supplement form must be completed for each system This worksheet applies to Trench IT-2, IT-3, IT-6 thru IT-14 in Drainage Area #1 (SC waters) (from plans) (from Form SWU-101) Ii DESIGN INFOMATION (attach supporting calculations/documentation) Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Newhan&Fnpp Infiltration Rate 30 in/h or cf/hr/sf (circle appropriate units) SHWT Elevation 20 fmsl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 154 c f Design Storm 1 0 inch event (1 5 inch event for SA waters I inch event for others) Drawdown Time 002 days Perforated Pipe Size ------ TT— inchdiameter Perforated Pipe Length 31 5 ft No Observation Wells 0 (may be required on a case by case basis) Stone Type (if used) N/A Stone Void Ratio N/A Trench Elevations (in feet mean sea level) Bottom Elevation 40 fmsl Storage/Overflow Elevation 7 5 fmsl Trench Dimensions Height 2 5 ft Length 31 5 It Width 25 It Volume Provided 154 cu ft Form SWU 107 Rev 3 99 Page I of 4 IiI REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N C Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials _SZ5 a System is located 50 feet from class SA waters and 30 feet from other surface waters S�C:> b System Is located at least 100 feet from water supply wells SQ c Bottom of system is at least 2 feet above the seasonal high water table d Bottom of the system is 3 feet above any bedrock or impervious soil horizon �6 e Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided) 3L3[' f System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required) 3[3P g Soils have a minimum hydraulic conductivity of 0 52 inches per hour 53P h System is not sited on or in fill material or DWQ approval has been obtained 56P 1 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 S�S(� j System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage k System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way 1 System captures and infiltrates the runoff from the first 10 inch of rainfall (1 5 inch event for areas draining to SA waters) in Drainage area for the device is less than 5 acres 36 rz� n A pretreatment device (filter strip, grassed swale, sediment trap, etc ) is provided F o Trench bottom is covered with a layer of clean sand to an average depth of 4 inches TBP p Sides of the infiltration trench are lined with geotextile fabric �3P q Rock used is free of fines (washed stone) and has a large void ratio 3P r Side to bottom area ratio is less than 4 1 Form SWU 107 Rev 3 99 Page 2 of 4 s Observation we]l(s) are provided (case -by -case basis) t*Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)and detail is shown on plans uu A benchmark for checking sediment accumulation is provided T SEE 12osczr /Y �C�+kMi✓o IV UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1 After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition 2 Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance 3 Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth Restore depth to original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed 4 The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month Chronic high water table elevations (within I foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately 5 If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed 6 Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth The system shall be restored to the original design depth without over - excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i e stockpiling near a stormwater treatment device or stream, etc ) A benchmark shall be established in the infiltration system The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the depth at the benchmark reads 4 625 msl , the accumulated sediment shall be removed from the system Forth S W U 107 Rev 3 99 Page 3 of 4 Di c 10 03 05 21p 9103031045 p 2 f � E I acknowledge and agree by my signature below that I am responsible maintaining the stotmwater collection system in accordance with the six maintenance procedures I led above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print Name and Title Kent Mitchell President Address P O Box 3069, Bald Head Island, NC 28461 Phone (910) 457-7p00 ,, 3 Date Imo— i I — O Signature le party should not be a homcowncri association unless morn than �0% of the loss havc been sold and a Note The legallyrespoq resident of the subdivision has been namcd the president I .5Lo4 lehn ' Count of C Q ,a Notary Pubitc for the �� State of Or YD�I ✓tlti. y Gs.OVE do ereby certify that I�P./1T Ml� GbI personally appeared before me this L day of 2 00 -15 and acknowledge the due execution of the foregoing infiltration basin mamtenanct requirements Witness my hand and official seal ..AiA My commission expires m pVBl,1b i dolr / Form SW U 107 Rev 3 99 Page 4 of 4 HQt d, 0 1 I LEb7 R t i i Permit No (to bepovided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details I PROJECT INFORMATION Project Name Contact Person Row Boat Row Subdivision Jim Henry Phone Number (910)457-7326 For projects with multiple infiltration systems, a supplement form must be completed for each system This worksheet applies to Trench IT-4, IT-5 in Drainage Area #1 (SC waters) (from plans) (/Torn Form SWU-101) II DESIGN INFOMATION (attach supporting calculations/documentation) Soils Report Summary (based upon an actual field investigation and sod borings) SOIL Type Newhan&Fnpp Infiltration Rate 30 Fin/h or cf/hr/sf (circle appropriate units) SHWT Elevation 20 firisl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 189 c f Design Storm 1 0 inch event (1 5 inch event for SA waters I inch event for others) Drawdown Time 002 days Perforated Pipe Size ------ TT— inch diameter Perforated Pipe Length 38 5 ft No Observation Wells 0 (may be required on a case by case basis) Stone Type (if used) N/A Stone Void Ratio N/A Trench Elevations (in feet mean sea level) Bottom Elevation 40 fmsl Storage/Overflow Elevation 7 5 frisl Trench Dimensions Height Width Form SWU 107 Rev 3 99 25 ft ft Page I of 4 Length Volume Provided 38 5 189 ft cu ft III REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N C Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials SCs P System is located 50 feet from class SA waters and 30 feet from other surface waters -73' I3P b System is located at least 100 feet from water supply wells c Bottom of system is at least 2 feet above the seasonal high water table d Bottom of the system is 3 feet above any bedrock or impervious soil horizon e Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided) f System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required) J r3 g Soils have a minimum hydraulic conductivity of 0 52 inches per hour Sr3t' h System is not sited on or in fill material or DWQ approval has been obtained > i Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized Srs P ) System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage —yT3V> k System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public nght-of-way JQf' 1 System captures and infiltrates the runoff from the first 1 0 inch of rainfall (1 5 inch event for areas draining to SA waters) nP in Drainage area for the device is less than 5 acres 6P n A pretreatment device (filter strip, grassed swale, sediment trap, etc ) is provided SrNp o Trench bottom is covered with a layer of clean sand to an average depth of 4 inches (3p p Sides of the infiltration trench are lined with geotextile fabric __STV� q Rock used is free of fines (washed stone) and has a large void ratio _3r3i? r Side to bottom area ratio is less than 4 1 Form SWU 107 Rev 3 99 Page 2 of 4 s Observation well(s) are provided (case -by -case basis) 4�t Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)and detail is shown on plans u A benchmark for checking sediment accumulation is provided S� rCE �o3'e-c> /✓ARRF>�✓6 IV UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1 After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition 2 Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance 3 Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth Restore depth to original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed 4 The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately 5 If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed 6 Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth The system shall be restored to the original design depth without over excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i e stockpiling near a stormwater treatment device or stream, etc ) A benchmark shall be established in the infiltration system The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the depth at the benchmark reads 4 625 msl , the accumulated sediment shall be removed from the system Form S W U 107 Rev 3 99 Page 3 of 4 DWQ I acknowledge and agree by my signature below that I am responsible maintaining the stormwater collection system in accordance with the six maintenance procedures listed above I agree to notify of any problems with the system or prior to any changes to the system or responsible party Print Name and Title Kent Mitchell President Address P O Box 3067 Bald Head Island, NC 28461 Phone (910) 457-7Oop �l /� Date Signature Note The legally respolnsible par ty should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I a Notary Public for the State of C County of do hereby certify that j}�, Lg / personally appeared before me this day of d- D6 ,ate le�d`ge�the—due executbi n of the foregoing infiltration basin maintenance requirements i�nd and official seal OFFICIAL SEAL R Notary Public NorthC M**COUNTY OF BRUNSINMPEGGY WI Amission Expires SEAL My commission expiresJ� Form SWU 107 Rev 3 99 Page 4 of 4 �2 JP1J1R0 sndow� roroN r�u4 yi.ry.7 G 4 t� %OP'12 �URJ 30 YTt lOO 2MAWl!/YOD34 4 _f 3nU^.^nTo'+ t1 Permit No (to be p ovided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT Thisform may be photocopied foi use as an of igmal DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details PROJECT INFORMATION Project Name Contact Person Row Boat Row Subdivision Jim Phone Number (910) 457-7326 For projects with multiple infiltration systems, a supplement form must be completed for each system This worksheet applies to Trench IT-1 in Drainage Area #1 (SC waters) (from plans) (fYom Foim SWU-101) II DESIGN INFOMATION (attach supporting calculations/documentation) Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Newhan&Fripp Infiltration Rate 30 ® or cf/hr/sf (circle appropriate units) SHWT Elevation 20 fins] (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 184 c f Design Storm 1 0 inch event (I 5 inch event for SA waters I inch event for others) Drawdown Time 002 days Perforated Pipe Size �� inch diameter Perforated Pipe Length 37 5 ft No Observation Wells 0 (may be required on a case by case basis) Stone Type (if used) N/A Stone Void Ratio N/A Trench Elevations (in feet mean sea level) Bottom Elevation 40 finsl Storage/Overflow Elevation 75 frisl Trench Dimensions Height 2 5 ft Length 375 ft Width 2 5 ft Volume Provided 184 cu ft form SWU 107 Rev 3 99 Page I of 4 III REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N C Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials __5r_-MP a System is located 50 feet from class SA waters and 30 feet from other surface waters b System is located at least 100 feet from water supply wells c Bottom of system is at least 2 feet above the seasonal high water table 33P d Bottom of the system is 3 feet above any bedrock or impervious soil horizon e Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided) "SN3C1 f System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required) 5 r; F g Soils have a minimum hydraulic conductivity of 0 52 inches per hour —saC' h System is not sited on or in fill material or DWQ approval has been obtained ScsP 1 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 C3� j System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage —SCSC' k System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way SrlP I System captures and infiltrates the runoff from the first 1 0 inch of rainfall (1 5 inch event for areas draining to SA waters) S UP in Drainage area for the device is less than 5 acres s 3P n A pretreatment device (filter strip, grassed swale, sediment trap, etc ) is provided t3 C� o Trench bottom is covered with a layer of clean sand to an average depth of 4 inches SrsP p Sides of the infiltration trench are lined with geotextile fabric S 3 f� q Rock used is free of fines (washed stone) and has a large void ratio SrSE' r Side to bottom area ratio is less than 4 1 Form SWU 107 Rw 3 99 Page of 4 s Observation well(s) are provided (case -by -case basis) 33P 10TI Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)and detail is shown on plans u A benchmark for checking sediment accumulation is provided SEE PRe�em. /l�i44RA7,✓d IV UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1 After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition 2 Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance 3 Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth Restore depth to original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed 4 The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately 5 If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed 6 Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth The system shall be restored to the original design depth without over excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i e stockpiling near a stormwater treatment device or stream, etc ) A benchmark shall be established in the infiltration system The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the depth at the benchmark reads 4 625 msl , the accumulated sediment shall be removed from the system Form S W U 107 Rev 3 99 Page 3 of 4 DWQ I acknowledge and agree by my signature below that I am responsible maintaining the stormwater collection system in accordance with the six maintenance procedures listed above 1 agree to notify of any problems with the system or prior to any changes to the system or responsible party Print Name and Title Kent Mitchell President Address P O Box 3067, Bald Head Island NC 28461 Phone Signature Date 31A1316y- NOtC The legally r esponstblc par ty should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I, ,a Notary Public for the State of /tt Ci County of do hereby certify that _/*( `n�H y personally appeared before me [his�a day of MallokQQ and ackno edge the due execuLo r�regoing infiltration basin maintenance requirement's, Witness my hand and official seal, L SEAL Ram orth Carolina BRUNSWICK I M SEAL My commission expires lwzlrj No , Form SWU 107 Rev 3 99 Page 4 of 4 L..3 i. �3 10 WIMO.D rtho11 7t , ua !nc 0A i ,) JfUp 24U.7 3 i0 YT1 UO3 21AAUJ /Y.'J,39 c, q 3 aoiesmmoo "4 Permit No St1..1 N F04 3 ¢ (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT Thu form may be photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stonnwater conveyances and system details I PROJECT INFORMATION Project Name Row Boat Row Subdivision Contact Person Jim Henry Phone Number (910) 457-7326 This worksheet applies to Basin No SW-2 (as ultntified on plans) in Drainage Area #2(SA waters) (from Forin SWU-101) II DESIGN INFOMATION —Attach supporting calculations/documentation The soils report must be based upon actual field investigation and soil borings County soil maps are not an acceptable source of soils information All elevations shall be in feet mean sea level (fmsl) Sods Report Summary Soil Type Newhan&Fripp Infiltration Rate 30 in/h or cf/hr/sf (circle appropriate units) SHWT Elevation 20 finsl (Seavonal High Watet Table elevation) Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation 15 inch 1816 c f 003 days 250 ft x 50 2000 c f 90 fmsl 100 fmsl 100 fmsl (1 5 inch emitforSA ivateis I inch eventfor otheis) ft = 1250 sq ft (bottom dimensions) Form SWU 103 Rev 3 99 Page I of 3 III REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the f ollowing design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials a System is located 50 feet from class SA waters and 30 feet from other surface waters Sr3n b System is located at least 100 feet from water supply wells c Bottom of system is at least 2 feet above the seasonal high water table d Bottom of the system is 3 feet above any bedrock of impervious soil horizon st37� e System is not sited on or in fill material or DWQ approval has been obtained _73 C' 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 g Drainage area for the device is less than 5 acres z"� 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 (1 5 inch event for areas draining to SA waters) Design volume and infiltration calculations attached I System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage Calculations attached TsC' k All side slopes stabilized with vegetated cover are no steeper than 3 1 (H V) 513� 1 A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided SaC� 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 �CiP n Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters) S13(� o Flow distribution mechanism within the basin provided -7SQ7� p A benchmark is provided to determine the sediment accumulation in the pretreatment device S �3 � %P q Runoff in excess of the design volume bypasses off-line systems (bypass detail provided) Sj3C� r System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days A soils report and all pertinent draw - down calculations are attached S[3� 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 Forth SWU 103 Rev 3 99 Page 2 of 3 IV INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration Remove any blockage and repair the structure to approved design specifications Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth The system shall be restored to the original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (I e stockpiling near a stormwater treatment device or stream, etc ) A benchmark shall be established in the pretreatment unit The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the design depth reads _0 25_ feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin If the Division determines that they system is failing, the system will immediately be repaired to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Pnnt Name and Title Kent Mitchell, President Address P O Box 3069, Bald Head Island, NC 28461 Phone (910) 457-7 0 ate ��1 Signature Note The legally r sponsible artylsWulrl not be a homeowners association unless more than 50% of the lots have been sold and a i esident o the subdivif ion has been narned the president I , a Notary Public for the State IF/V G County of do hereby cent f that tit �� personally appeared before me this day of and ackno ledge the dire execution of the foregoing infiltration basin maintenance requtremen Witness my and and official seal SEAL OFFICIAL SEAL Mycommisionexpires �,r^� NoUq Public North CaAAM • , �" "� Form S RRLZOF BaUNSWICK Page 3 of 3 Y WIL ! D LiY Camnbebn Expires JAaC!JA 0I470 �+ im4m0+11tOt7 ^ cw9 YNatow ,A" A"INR7UH6'10 YMUCO X1,1 £ 'AIJJIW YDD39 ;==Z cep Y:3 nolastmmoJ K!6 Permit No (to be pi ovided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form maybe photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details I PROJECT INFORMATION Project Name Row Boat Row Subdivision Contact Person Jim Henry Phone Number (910) 457 7326 This worksheet applies to Basin No SW-3 in Drainage Area #3(SA waters) (as ulcnhfied on plans) (fiom Fat in SWU l01) II DESIGN INFOMATION —Attach supporting calculations/documentation The soils report must be based upon actual field investigation and soil borings County soil maps are not an acceptable source of soils information All elevations shall be in feet mean sea level (finsl) Sods Report Summary Soil Type Newhan&Fripp Infiltration Rate 30 it or ef/hr/sf (circle appropriate units) SHWT Elevation 20 fins) (Seasonal High Wata Table elevation) Basin Design Parameters Design Storm 1 5 Inch (1 5 inch event for SA waters 1 inch event for others) Design Volume 1759 c f Drawdown Time 003 days Basin Dimensions Basin Size 240 ft x 50 ft = 1200 sq ft (bottom thmensions) Basin Volume Provided 1920 c f Basin Elevations Bottom Elevation 70 finsl Storage Elevation 80 fmsl Top Elevation 80 fmsl Form SWU 103 Rev 3 99 Page I of 3 III REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the f ollowing design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials —S'\3P a System is located 50 feet from class SA waters and 30 feet from other surface waters _5�3? b System is located at least 100 feet from water supply wells 3`3P c Bottom of system is at least 2 feet above the seasonal high water table d Bottom of the system is 3 feet above any bedrock of Impervious soil horizon e System is not sited on or in fill material or DWQ approval has been obtained l3(' 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 nght-of-way g Drainage area for the device is less than 5 acres —S6P h Soils have a minimum hydraulic conductivity of 0 52 inches per hour and soils report is attached T�3P I System captures and infiltrates the runoff from the first 10 inch of rainfall (1 5 inch event for areas draining to SA waters) Design volume and infiltration calculations attached 3(3� j System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage Calculations attached SCSF' k All side slopes stabilized with vegetated cover are no steeper than 3 1 (H V) jp 1 A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided P 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 aP -Al-n Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters) 3\3c' o Flow distribution mechanism within the basin provided — p A benchmark is provided to determine the sediment accumulation in the pretreatment device q Runoff in excess of the design volume bypasses off-line systems (bypass detail provided) 36F' r System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days A soils report and all pertinent draw - down calculations are attached Tc 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 Rey 3 99 Page 2 of 3 S� 1 r7o7 Gam( /YNPR.{r ✓S IV INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration Remove any blockage and repair the structure to approved design specifications 4 Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth The system shall be restored to the original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i e stockpiling near a stormwater treatment device or stream, etc ) A benchmark shall be established in the pretreatment unit The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken The measunng 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 025 feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin If the Division determines that they system is failing, the system will immediately be repaired to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above I agree to notify DWQ of any problems with the system or pnor to any changes to the system or responsible party Print Name and Title Address P O Box 3 Phone (910) 457-7 Signature (� Note The legallyv�cspa resident 6 the sit Kent Mitchell. President Bald Head Island, NC 28461 party ffoufd not be a has been named the president FA association unless min c than 50% of the lots have been sold and a I a Notary Pubhc for the State of /�' County of do hereby certiff that Qr r F personally appeared before me this day of and acknowled� e the duee extecution of the foregoing infiltration basin maintenance requvemen Witness my FiThd and official seal SEAL OFFICIAL SE4L rt�. Nobn Public NoM CelWhu My commision expires l � Ojf 9 COUNTY OF BRUNSWICK Form S PEGGY WI IhlO "4x9065 Pagc 3 of 3 cowmq mw pu 1-0 ��eeAr Unmsa e �� conmA ct amm42 , im �av, mHcrVf 2EVf Permit No (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT Thir for in may be photocopied for use as an or iginal DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details i PROJECT INFORMATION Project Name Row Boat Row Subdivision Contact Person Jim Henry Phone Number (910) 457-7326 This worksheet applies to Basin No SW-4 in Drainage Area #4(SA waters) (as identified on plans) (from Form SWU-101) II DESIGN INFOMATION — Attach supporting calculations/documentation The soils report must be based upon actual field investigation and soil borings County soil maps are not an acceptable source of soils information All elevations shall be in feet mean sea level (fmsl) Soils Report Summary Soil Type Newhan&Fripp Infiltration Rate 30 in/h or cf/hr/sf (circic appropriate units) SHWT Elevation 20 fmsl (Seasonal Hieh Water Table elevation) Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation 15 inch 1255 c f 003 days 160 ftx 50 1280 c f 7 5 fmsl 8 5 fmsl 8 5 fmsl (/ 5 rich event jai SA waters I inch eventfor others) ft = 800 sq ft (bottom dimensions) Form SWU 103 Rev 3 99 Nase I of 3 III REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the f ollowmg design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below Attach justification if a requirement has not been met Applicants Initials -a1L3P a System is located 50 feet from class SA waters and 30 feet from other surface waters b System is located at least 100 feet from water supply wells -73p c Bottom of system is at least 2 feet above the seasonal high water table d Bottom of the system is 3 feet above any bedrock of impervious soil horizon e System is not sited on or in fill material or DWQ approval has been obtained �13P 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 j t3P g Drainage area for the device is less than 5 acres �3? h Soils have a minimum hydraulic conductivity of 0 52 inches per hour and soils report is attached 75�3p 1 System captures and infiltrates the runoff from the first 1 0 inch of rainfall (1 5 inch event for areas draining to SA waters) Design volume and infiltration calculations attached j System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage Calculations attached 53�> k All side slopes stabilized with vegetated cover are no steeper than 3 1 (H V) -S37� 1 A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided -ST3IFm 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 �t3P y+- n Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters) 33(D o Flow distribution mechanism within the basin provided 1`3i? p A benchmark is provided to determine the sediment accumulation in the pretreatment device �P s+ q Runoff in excess of the design volume bypasses off-line systems (bypass detail provided) --s T3P r System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days A soils report and all pertinent draw - down calculations are attached 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 `2+ SEE I Re3a�+ /Y/�o4ATr✓r. IV INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition 2 Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration Remove any blockage and repair the structure to approved design specifications 4 Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth The system shall be restored to the original design depth without over -excavating Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i e stockpiling near a stormwater treatment device or stream, etc ) A benchmark shall be established in the pretreatment unit The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the design depth reads _0 25_ feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin If the Division determines that they system is failing, the system will immediately be repaired to original design specifications If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print Name and Title Kent Mitchell, President Address P O Box 3069, Bald Head Island, NC 28461 Phone (9 Signature Note The legally i esponstbl,� pai Mould not be a homeoivneys association unless nioi a than 50% of the lots have been sold and a resident the subdl isdion has been namcd the president I a Notary Public for the Stale of N�i , County of .y� �� i do hereby certif that � ,k%�,1- rr �hi jQ personally appeared before in this �b _L day of dd and ackturMe ge theme xecunon oFthe foregoing infiltration basin maintenance requiremen a d and offi Witness my hcial seal h ,� SEAL OFPiCIAL My commision expires 1,61 lit • No" wain, N c�9oe '11 COMM orerunistnncic rEc+ov wain/D� My Commieebn E><pIrOD Form S W U 103 Rev 3 99 Page 3 of 3 w msa MM o"dug yts'at, F� hDl� Haum Rp iff1=0 4'1 E AAWfp Y.7039 =,q Jmlc-6rm�_ A Rro Levl -b bill') f 6jo 131101L 12.11. SUPPLEMENTAL DECLARATION OF COVENANTS, P%11'1% ClO CONDITIONS AND RESTRICTIONS THE PENINSULA AT HARBOUR VILLAGE This Supplemental Declaration is dated for purposes for reference only this L day of AML , 1999, and is entered into by Bald Head Island Luruted, a Texas limited partnership, hereinafter referred to as `Declarant WITNESSETH WHEREAS, Declarant is the owner of all of Lots 200 - 224 (even numbers only), Bald Head Island Harbour, as shown in Map Cabinet Y, Page 313, Brunswick County Registry, as well as all rights of -way and certain other properties shown on said plat, said rights -of -way and other properties being currently unimproved, and WHEREAS, said Lots above described have been made subject to the amended and restated Declaration of Covenants, Conditions and Restrictions for Bald Head Island Harbour recorded in Book 985, Page 384 et seq , as amended, Brunswick County Registry ("Covenants"), and t WHEREAS, Declarant, in accordance with the reservation of rights set out in ?aticle XI of the Covenants, has, with the consent of the Village of Bald Head Island, resubdivided Lots 200 - 224 (even numbers only), and has recorded a plat of said resubdivided Lots (numbered 200 - 220, even numbers only, and 207 - 219, odd numbers only), which plat is recorded in Map Cabinet 21 , Page -a, Brunswick County Registry (the "Revised Lots" and the "Revised Plat"), and WHEREAS, the Revised Lots are subject to the Covenants, and WHEREAS, Declarant wishes to subject the Revised Lots to additional and supplemental covenants as more fully set out herein NOW, therefore, it is hereby declared by Declarant that all of the property shown on the Revised Plat, to be known as "The Peninsula at Harbour Village", shall be hereafter held, owned and conveyed subject to the provisions of this Supplemental Declaration, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of the real property which is the subject of these restrictions DEC 2 8 2021 I i BY 1 Exclusivi All of the Revised Lots, other than Revised Lots 207 and 219, shall be used exclusively for single-family residential purposes There is shown on the Revised Plat a lot classification for each lot All improvements on each of the Revised Lots, with the exception of Lots 207 and 219, must be constructed in accordance with the setbacks, standards and use restrictions applicable to the designated lot classification, as contained in the "Urban Code - Bald Head Island Harbour" which is maintained on file with the Harbour Architectural Review Board, and which shall be available for examination by the owner or prospective owner of any of the Revised Lots, or his authorized agent Lots 207 and 219 may be utilized for single-fairuly residential purposes, but also may be utilized by the Declarant or its assigns for recreational purposes, including, without limitation, providing access to the Bald Head Island manna, and construction of facilities for utilization by those entitled to utilize the Bald Head Island manna Neither Lot 207, 219 nor the reserved Bald Head Island Limited property west of Row Boat Row (the right-of-way) and adjacent to the Bald Head Island marina are designated at this time Common Areas, and there is no representation that any of such areas shall be deeded to, or made exclusively available to, members of the Association However, Declarant reserves the right to designate any one or more of said properties as a Common Area in accordance with the Covenants, and in such an event, said property shall be conveyed to the Association, and shall be held by the Association for all purposes as a Common Area as described in Article VI of the Covenants 2 Manna Easement There is hereby reserved over and across the eastern most twenty feet of Lots 207, 209, 211, 213, 215, 217, 219 and 220 a twenty -foot maintenance and repair easement, which is reserved for the benefit of Declarant, and of the owner from tune -to -time of the Bald Head Island marina It is expressly acknowledged by the owner of each of the Revised Lots that within said area of easement are tiebacks which are part of the structural system of the bulkhead which is adjacent to said Lots Nothing shall prohibit the owner of any of the Revised Lots from utilizing the reserved easement area, but any such utilization shall be subject to this maintenance easement, and the owner of each of the Revised Lots shall be fully responsible for any costs associated with removal of or damage to structures or improvements, and the repair or replacement thereof, if such are the result of or necessitated by a need for maintenance or repair of the adjacent manna bulkhead No owner of any Revised Lot, because of his 2 ownership of said Lot, shall be responsible in any way for any of the maintenance or upkeep costs of the bulkhead itself, including its tiebacks 3 Bulkhead Easement There currently exists a buried bulkhead extending generally along the property lines of single-family lots extending north from The Peninsula at Harbour Village, along the Cape Fear River The purpose of this bulkhead is to provide protection to adjoining properties, and to infrastructure within the Bald Head Island Harbour subdivision, in case of erosion or violent storms Declarant hereby warrants and represents that it will, no later than June 1, 2000, extend the existing bulkhead approximately along the western property lines of Lots 200 218 (even numbers only), as shown on the Revised Plat Said bulkhead shall be constructed below grade Upon completion of construction, Declarant shall have no further maintenance or other obligations in regard to said bulkhead ('Buried Bulkhead") The owner of Lot 220 may, at his own expense, and after procuring appropriate permits, elect to extend the Buried Bulkhead across Lot 220 If such an election is made by the owner of Lot 220, said bulkhead must be constructed in accordance with the same design standards and specifications as utilized for that portion of the Buried Bulkhead constructed by Declarant adjacent to Lots 200 -218 (even numbers only), and shall, after construction, be for all purposes considered an integral part of the Buried Bulkhead - Following construction of the Buried Bulkhead, and because the integrity of the Buried Bulkhead is essential to the preservation of all of the properties as shown on the Revised Plat, the Buried Bulkhead shall be maintained in a functional condition at all times by the Association, but all expenses of such maintenance shall be borne, as more fully set out herein, by the owners of Lots shown on the Revised Plat All costs and expenses associated with such maintenance and upkeep shall be considered an assessment which may be levied by the Board of Directors of the Association under Article V of the Covenants Said assessment ("Linuted Assessment") shall be levied against only the owners of Lots on the Revised Plat, in the following proportions A Eighty percent (80%) of the total Limited Assessment shall be levied against the owners of Lots 200 - 218 (even numbers only), in equal proportions (and shall also be levied proportionately against the ( 3 owner of Lot 220 if the Buried Bulkhead has been extended across Lot 220 as above provided), and B Twenty percent (20%) of the total Limited Assessment shall be assessed against the owners of Lots 207 - 219 (odd numbers only), in equal proportions (and shall also be levied proportionately against the Owner of Lot 220 if the Buried Bulkhead has IWI been extended across said Lot) The Association may set a date, no sooner than thirty (30) days following notification to the owners, when such a Limited Assessment is due and payable in full If the owner of any of the Revised Lots fails to pay such Limited Assessment when due, the Association shall have full power reserved under law to collect such Limited Assessment, and shall further be entitled to collect interest at the highest rate allowed by law from the due date until paid in full, and shall further be entitled to collect all costs, including reasonable attorneys fees, incurred in any action relating to the collection of said Limited Assessment, to the fullest extent allowed by law It is the intent of Declarant to construct the Buried Bulkhead on the western property line of Lots 200 - 218 (even numbers only), but it is recognized that the Buried Bulkhead may extend slightly onto any of said Revised Lots, or onto the property owned by Declarant west of said Revised Lots There is therefore hereby reserved for the benefit of Declarant, each of the owners of Lots 200 - 220 (even numbers only), as shown on the Revised Plat, and the Association a twenty foot easement for the construction, maintenance, and upkeep of the Buried Bulkhead, which easement shall extend ten feet into the westerly portion of Lots 200 - 220 (even numbers only), and ten feet outside the westerly boundaries of Lots 200 - 220, into Declarant's property, and which shall be a reciprocal easement from the owners thereof to Declarant and its assigns, and from Declarant and its assigns unto the Association 4 Riverfront Access Easements Declarant owns the property between The Peninsula at Harbour Village and the adjacent high water mark on the westerly side of Lots 200 - 220 (even numbers only) There are designated and reserved on the Revised Plat certain beach access easements for the benefit of Lots 200 - 220 (even numbers only), burdening Declarant's said property, as follows three 10' x 10' individual easements adjacent to and for the exclusive use and benefit of Lots 204, 206 and 220, four 10' x 20' 2 joint easements adjacent to Lots 200 and 202, Lots 208 and 210, Lots 212 and 214, Lots 216 and 218, respectively, each joint easement to be shared by and used for the exclusive benefit of the owners of the two Lots to which the easement is adjacent The purpose of the individual and joint access easements is to identify the only locations from which access may be gained to the foreshore of the Cape Fear River, and to the river itself, from the benefitted Lots Each access easement shall be deemed appurtenant to and inseparable from ownership of the Lot(s) to which it is adjacent The Declarant shall, no later than June 1, 2000, construct within the easement area appurtenant to each Lot, a structure providing pedestrian access to the beach and the river The costs of maintenance of each structure shall be the responsibility of the owner of the Lot benefitted thereby, and on a joint easement shall be shared equally by the owners of the two benefitted Lots In the event an owner does not receive contribution from the jointly benefitted owner for one-half of the cost of maintenance of their shared structure, said owner shall give notice of same to the Association, and upon venfication of non-payment, the Association shall collect the unpaid contribution (and all costs of collection) as a Limited Assessment against the non-paying owner, and shall upon collection reimburse the owner who has advanced the funds After the access structures are built, Declarant shall have no further obligation with respect thereto, and shall have no responsibility for repair or maintenance of said structures or for collecting any contributions on behalf of any owner 5 Maintenance Easement There is shown on the Revised Plat between Lots 204 and 206 an easement seven feet in width This easement is reserved for the benefit of Declarant and the owner from time -to -time of the Bald Head Island manna, and for the benefit of the Association, for the primary purpose of allowing ingress and egress to the foreshore area owned by Declarant adjacent to the Cape Fear River for maintenance activities, and secondarily for pedestrian access by owners of the Revised Lots No utilization of this easement shall be made which would restrict small vehicular access for maintenance purposes relating to the Bald Head Island manna, the Buried Bulkhead and any shorefront stabilization program being implemented from time -to -time, it being the primary intent of this easement to provide maintenance access The Declarant shall have no obligation to maintain or improve the easement area for the purpose of 5 pedestrian access Subject to the reservations contained herein, the area shall be considered a Common Area, and shall be conveyed to the Association 6 Groin Maintenance There have been constructed a series of four (4) groins extending vertically from the shoreline owned by Developer into the Cape Fear River The first two of those groins, extending from the entrance channel of the Bald Head Island manna northward, provide significant sand retention and shoreline protection for the properties within The Peninsula at Harbour Village All maintenance of said groins, to the extent required, through December 31, 2000, shall be performed by Declarant, at the expense of Declarant Thereafter, all expenses associated with the repair and maintenance of said groins shall be an expense assessed as a Lirruted Assessment against the Lots shown on the Revised Plat, and shall be collected in the same manner, and in the same percentages, as set out in Paragraph 3 herembefore The Association shall have the responsibility for maintaining said two (2) groins in functional condition The Association is hereby granted and reserved a non-exclusive easement over and across any of the property owned by Declarant extending westward from the Bald Head Island Harbour lots as may be required to provide ingress and egress to and from each of said groins for purposes of maintenance, repair and upkeep 7 Fire Protection Every building constructed on any of the Revised Lots shall be equipped with an interior, automatic sprinkler system, for fire safety and protection 8 Impervious Surface Limitations There are set out on Exhibit A hereto, as required by Article VIII, Paragraph 10 of the Covenants, impervious surface limitations for each of the Revised Lots The owner of each of the Revised Lots shall strictly comply with said lirrutations, as required by the State of North Carolina To the extent that the State of North Carolina should revise its existing stormwater permit to allow greater impervious surface on any one or more of said Revised Lots, upon filing by Declarant or the Association of a notice of said change in pernut with the HARB, the impervious surface limitation as to said lot or lots shall be automatically deemed amended to comply with the increased impervious surface limitation allowed by the State of North Carolina by permit N 9 Municipal Regulations To the extent that the Village of Bald Head Island enforces driving regulations, including, without limitation, limitations on speed and requirements as to the qualifications and conditions of the driver of any vehicle, said regulations and conditions are herein specifically incorporated by reference, and the Village of Bald Head Island is specifically granted authority to enforce those regulations and conditions on any private road or easement shown on the Revised Plat It is expressly acknowledged and understood that the Village of Bald Head Island has no affirmative obligation to enforce said rules and regulations, but may elect to do so No overnight parking shall be permitted on Row Boat Row (the right of - way) in order to facilitate emergency vehicle ingress and egress to and from all of the Revised Lots 10 Conflic To the extent there is any conflict between the provisions of the Amended and Restated Covenants and Fifth Supplemental Declaration, to the maximum extent allowable by law, the provisions of the Supplemental Declaration shall prevail i 11 Definitions All capitalized terms not defined within this Supplemental Declaration shall have the same meaning as set out in the Covenants 12 Binding Effect This Supplemental Declaration, as well as all easements and other rights granted herein, and all restrictions and conditions contained herein, shall nun with the real property and shall be binding on all parties having or acquiring any right, title or interest in any of the Revised Lots, and shall further inure to the benefit of Declarant and the Association All present and future owners of any Revised Lot shall be subject to, and shall comply with the Covenants, Conditions, Restrictions and affirmative obligations set forth in this Supplemental Declaration, as it may be amended from time -to -time Acceptance of a deed of conveyance or the entering into of a lease or the entering into of occupancy of any improvement on any of the Revised Lots shall constitute an agreement that the provisions of this Supplemental Declaration are accepted and ratified by such party, and that they will fully comply with the terms and conditions contained herein, and in the Covenants This Supplemental Declaration of Covenants is executed as of the day and year first above written under authority duly granted 7 BALD HEAD ISLAND LIMITED, a Texas limited partnership STATE OF NORTH CAROLINA Brunswick County ss (SEAL) (SEAL) I, -- a Notary Public for said County and State, do hereby cer ify that M Kent Mitchell attorney in fact for Bald Head Island Lirruted, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said Bald Head Island Limited, and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds in the County of Brunswick, State of North Carolina, in Deed Book 1143 at Page 912, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney — I do further certify that the said M Kent Mitchell acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Bald Head Island Limited WITNESS my hand and official seal, this the / day of 1999 NOtAry Public My commission expires F\H0A_POAUiV_HOA\R0WB0ATR WPD(3/31/99) Notary PuDIiC NorM c;Nkm COUNTY OF BRUNSWICK 8 J OORMAN anion Expires EXHIRITA "The Pen msula at Harbour Mog" Table of Lot Classification and Impervious Surface Limitations LOT # LOT TYPE Allowable Built Upon Area (Square Feet) 200 IVE 2,200 202 IVE 2,500 204 IVF 2,500 206 IVE 1,800 207 IVG 1,800 208 IVE 1,800 209 IVD 1,800 210 IVE 2,200 211 IVD 1,800 212 IVE 2,200 213 1VD 1,800 214 IVE 2,200 215 IVD 1,800 216 IVE 2,200 217 IVD 1,800 218 IVE 2,500 219 IVG 1,500 220 IVF 2,500 9 AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA AT HARBOUR VILLAGE THIS AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA AT HARBOUR VILLAGE is made as of the day of December, 1999, as follows WHEREAS, Bald Head Island Limited, a Texas limited partnership, is the owner and developer of that certain real property on Bald Head Island known as Bald Head Island Harbour, including that portion of the Harbour known as The Peninsula at Harbour Village, all located in the Village of Bald Head Island, Brunswick County, North Carolina, and, WHEREAS, Bald Head Island Limited, as Declarant, has heretofore caused to be recorded in the records of the Brunswick County Registry in Book 985 at Page 384, Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bald Head Island Harbour, and has further caused to be recorded in said Registry in Book 1291 at Page 1007, that certain Supplemental Declaration of Covenants, Conditions and Restrictions for The Peninsula at Harbour Village, and, WHEREAS, Paragraph 8 of the aforesaid Supplemental Declaration provides as follows "To the extent that the State of North Carolina should revise its existing stormwater permit to allow greater impervious surface on any one or more of said Revised Lots, upon filing by Declarant or the Association of a notice of said change in permit with the HARB, the impervious surface hrmtation as to said lot or lots shall be automatically deemed amended to comply with the increased impervious surface limitation allowed by the State of North Carolina by permit ", and, WHEREAS, Bald Head Island Limited, Declarant, has filed or will file with the HARB notice of a change in the existing stormwater permit from the State of North Carolina, allowing, inter alia, greater impervious surface on Lot 208 of The Peninsula at Harbour Village, one of the Revised Lots subject to the aforesaid Supplemental Declaration, NOW, THEREFORE, Declarant, Bald Head Island Limited, hereby declares that pursuant to Paragraph 8 of the Supplemental Declaration, and in accordance with the stormwater pernut (as revised) under Title 15 NCAC 2H 1003(a)(2), Exhibit A to the Supplemental Declaration of Covenants, Conditions and Restrictions for The Peninsula at Harbour Village, dated April 1, 1999, and recorded in the Brunswick County Registry in Book 1291, Page 1007, is hereby amended as follows As to Lot #208, as shown on that plat of survey for The Peninsula at Harbour Village, recorded in Map Cabinet 21, Page 79 of the Brunswick County Registry, the "Allowable Built Upon Area (Square Feet)" shall be 2,500 As to Lot #219, as shown on the aforesaid plat of survey, the "Allowable Built Upon Area (Square Feet)" shall be 300 Except as specifically set forth herein, said Exhibit A to the Supplemental Declaration shall remain unchanged and in full force and effect Brunswick County -Register of Deeds Robert J Robinson Inst #34366 Book 1352Page 298 01/06/2000 08 58aia Rec# c3o`T(�oi RCT TOTAL REV TC# ��' ��--�,, REC# CKAMTI(5� CK�{,a CASH REF BY Inst # 34366 Book 1352Page• 299 This Amendment is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore benefits and may be enforced by the State of North Carolina The covenants contained herein are to nut with the land and shall be binding on all parties and all persons claiming under them The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State Runoff from all impervious areas of all designated Lots must be directed into the system Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State Lots within the Coastal Area Management Aces Area of Environmental Concern may be subject to a reduction in their allowable built-up area due to CAMA regulations IN WITNESS WHEREOF, the undersigned being the Declarant herein has caused this instrument to be executed by its duly authorized attorney in fact, under seal, this the �Hday of December, 1999 BALD HEAD ISLAND LIMITED (SEAL) a Texas Limited Partnership By Kenneth M Kirkman Attorney in Fact STATE OF NORTH CAROLINA BRUNSWICK COUNTY I UO r f t� c- hn ru d ,.7 a Notary Public for said County and State, do hereby certify that Kenneth M Kirkman, attorney in fact for r Bald Head Island Limited, personally appeared before me this day and being by me duly sworn says that he executed the foregoing and annexed instrument for and in behalf of the said Bald Head Island Limited, and that Ins authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds in the County of Brunswick, State of North Carolina, in Deed Book 1143 at Page 916, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney I do further certify that the said Kenneth M Kirkman acknowledged the due execution of the foregoing and annexed instrument for the uiposes therein expressed for and in behalf of the said Bald Head Island Limited c IRA official seal ttG3" _-JQ day of December, 1999 Notary Pu6lk NoM Carolina ►to BRUNSWICK COUNTY LORRAINE THOMPSON Ire Notary Public My commission expires STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of LORRAINE THOMPSON Notary(ies) Public is (are) Certified to be Correct This Instrument was filed for Registration on this 6th Day of y 2000 in the Book and Page shown on the First Page hereof ROBERTJ ROB14SONI Register o e Brunswick County—Regsster of Deeds Robert J Robinson Inst 842763 Book 1372Page 273 04/20/2000 02 36gm Rec;# SECOND AMENDMENT TO SUPPLEMENTAL `t DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA AT HARBOUR VILLAGE THIS SECOND AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA AT HARBOUR VILLAGE is made as of the 110 day of April, 2000, as follows WHEREAS, Bald Head Island Limited, a Texas lunited partnership, is the owner and developer of that certain real property on Bald Head Island known as Bald Head Island Harbour, including that portion of the Harbour known as The Peninsula at Harbour Village, all located in the Village of Bald Head Island, Brunswick County, North Carolina, and, WHEREAS, Bald Head Island Limited, as Declarant, has heretofore caused to be recorded in the records of the Brunswick County Registry in Book 985 at Page 384, Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bald Head Island Harbour, and has further caused to be recorded in said Registry in Book 1291 at Page 1007, that certain Supplemental Declaration of Covenants, Conditions and Restrictions for The Peninsula at Harbour Village, together with an Amendment thereto winch is recorded in said Registry in Book 1352 at Page 298, and, WHEREAS, Article XI, Section 6 of the aforesaid Declaration provides as follows a "The Declarant, without the consent or approval of any other owner, shall have the right to amend this Declaration to conform to the requirements of law or governmental agency having legal jurisdiction over Bald Head Island Harbour including without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare, any a agency of the State of North Carolina requiring an amendment as a condition of approval, or suggesting an amendment, shall be sufficient evidence of the requirement of such amendment by such agency ", and, WHEREAS, Bald Head Wand Limited, Declarant and developer of the hereinafter described Lots within Bald Head Island Harbour, as shown on that certain plat of survey for The Peninsula at Harbour Village, recorded in the aforesaid Registry in Map Cabinet 21 at Page 79, has, in accordance with Title 15 NCAC 2H 1003(a)(2), recorded certain supplemental restrictions and protective covenants pertaining to the impervious coverage of said Lots, and is required to record amended covenants should the identification or proposed use of said Lots change, NOW, THEREFORE, Declarant, Bald Head Island Limited, hereby declares that in accordance with Title 15 NCAC 2H 1003(a)(2), Exhibit A to the Supplemental Declaration of Covenants, Conditions and Restrictions for the Peninsula at Harbour Village, dated April 1, 1999, and recorded in the Brunswick County Registry in Book 1291, Page 1007, as previously amended by instrument recorded in Book 1352, Page 298, is hereby superceded and replaced in its entirety by the revised Exhibit A attached hereto, and the Lots shall be required to comply with the maximum allowable built upon area requirements set forth therein l 4ET Tor+_ REV Inst # 42763 Book 13721age 274 The maximum allowable built upon area includes any built upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot lute and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, beck, stone, slate and coquina, but does not include raised, open wood decking, or the water surface of swimming pools Tlus Second Amendment is made as a result of the modification of the stormwater management permit issued for the subject property on April 7, 2000, and is intended to msure continued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore benefits and may be enforced by the State of North Carolina The covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State Runoff from all impervious areas of all designated Lots must be directed into the system Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State Lots within the Coastal Area Management Aces Area of Environmental Concern may be subject to a reduction in their allowable built-up area due to CAMA regulations IN WITNESS WHEREOF, the undersigned being the Declarant herein has caused this instrument to be executed by its duly authorized attorney in fact, under seal, this the lgNy of April, 2000 BALD HEAD ISLAND LIMITED (SEAL) a Texas Limited Partnership ?"By (SEAL) Kenneth M Kirkman Attorney in Fact STATE OF NORTH CAROLINA BRUNSWICK COUNTY a Notary Public for said County and State do hereby ceA4 that Kenneth M Kirkman attorney in fact for Bald Head Island Limited, personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said Bald Head Island Limited and that lus authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds in the County of Brunswick, State of North Carolina in Deed Book 1143 at Page 916, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney I do further certify that the said Kenneth M Kirkman acknowledged the due execution of the foregoing and annexed instrument for the purposes thercmexpressed for and in behalf of the said Bald Head Island Limited WITNESS my hand and official seal this,LQ4 day of April, 2000 — \ ^OFFICIAL SEAL �tCS1S �LUt1 Qa�J�"'t� Wublx NorthCaroflna SWICK COUNTY t LORRAINE ThQM SO J i1)}j (p11GIIiNIY11 r%PIf05 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of Notary Public My commission expires LORRAINE THOMPSON A Inst # 42763 Book 1372Page 275 EXHIBIT A TABLE OF LOT SIZES AND BUILT UPON AREAS The Peninsula at Harbour Village ("Row Boat Row") Lot # /Area /Allowable Built -Upon Lot # /Area /Allowable Built -Upon 200 0 12 ac 2500 sq ft 207 0 11 ac 2400 sq ft 202 0 14 ac 2500 sq ft 209 0 11 ac 2400 sq ft 204 0 14 ac 2500 sq ft 211 0 11 ac 2400 sq ft 206 0 10 ac 2500 sq ft 213 0 11 ac 2400 sq ft 208 0 10 ac 2500 sq ft 215 0 11 ac 2400 sq ft 210 0 11 ac 2500 sq ft 217 0 11 ac 2400 sq ft 212 0 12 ac 2500 sq ft 219 0 15 ac 1000 sq ft f 214 0 12 ac 2500 sq ft Common area b 14 ac 500 sq ft 216 013 ac 2500 sq ft �a 218 0 14 ac 2500 sq ft 220 0 17 ac 2500 sq ft "per permit, as issued, can be increased to maximum of 1600 sq ft with the consent of the State of North Carolina H