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HomeMy WebLinkAboutSW8080514_CURRENT PERMIT_20220620STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0 S 05 If DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2022 06 2-0 YYYYMMDD ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director June 20', 2022 Sankey Properties, LLC Attn: Riley Evans, Managing Member 1442 Campbell Rd Clarkton, NC 28433 NORTH CAROLINA Environmental Quality Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 080514 West Gate Best Western Hotel & Restaurant Brunswick County Dear Mr. Evans: Effective August 1, 2013 the Post -Construction Stormwater Management Program has been transferred from the Division of Water Quality ("DWQ") to the Division of Energy, Mineral and Land Resources ("DEMLR" ). All previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. 'Be Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on June 17's, 2022. The Division is hereby notifying you that permit SW8 080514 has been renewed, updated, and re -issued on June 20t°, 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 December 30", 2029, which includes all available extensions, and does not supersede any other agency permit that maybe 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 OAl-I 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. D W& North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wimington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 •�•+..-du.m,� /'� 910.796.7215 State Stormwater Permit No. SW8 080514 Page 2 of 2 This project will be kept on file at the Wilmington Regional Office. If you have any questions concerning this permit, please contact Dylan McPeake in the Wilmington Regional Office at (910) 796-7215 or dylan.mepeake@ncdenr.gov. Sincerely, -M&, Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: AttachmentC—PermittingIlistory Renewal Application Documents . Copy of the current operation and maintenance agreement DES/DM: \\\Storrnwater\Permits & Projects\2008\080514 HD\2022 06 permit 080514 cc: Sankey Properties, LLC / Riley Evans; Managing Member; PO Box 847; Clarkton, NC 28433 Wilmington Regional Office Stonnwater File D 00 North Carolina Department of Environmental Quality l Division of Energy. Nneral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405 aW910.796.7215 Post -Construction Stormwater Management Permit No. SW8 080514 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN ONSITE WET POND AND AN OFFSITE STORMWATER CONTROL 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 Sankey Properties, LLC West Gate Best Western Hotel & Restaurant 1120 Towne Lake Drive, Leland, Brunswick County FOR THE construction, operation and maintenance of a wet detention pond and the construction of impervious areas with runoff to be treated in an offsite permitted stormwater facility in compliance with the provisions of Session Law 2006-246 and 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. A portion of the stormwater runoff from the site will be routed to an offsite wet detention pond operated and maintained by Riley S. Evans and Westgate Business Park Property Owners Association, Inc. under the terms and conditions set forth in the latest version of Permit No. SW8 990807. This permit shall be effective from the date of issuance until December 3011, 2029 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. Page 1 of 7 Post -Construction Stormwater Management Permit No. SW8 080514 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 on page 2 of this permit. A portion of the runoff associated with this project has been approved to be discharged into an offsite stormwater management system permitted under SW8 990807, as described in Section 1.7 on page 2 of this permit. The onsite and offsite stormwater controls have been designed to handle the runoff from 47, 650 square feet and 54,185 square feet of impervious area, respectively. 3. The tract will be limited to the amount of built -upon area indicated in Section 1.7 on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to 1,549 square feet for the onsite stormwater system. The maximum built -upon area allotted to this development to drain to the offsite stormwater system by Stormwater Management Permit No. SW8 990807, is 54,185 square feet. This project proposes 51,775 square feet of impervious area to drain to the offsite stormwater system. The amount of built -upon area available for future development within this lot to drain to the offsite stormwater system is 2,410 square feet. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. The following design criteria have been provided in the onsite and offsite wet detention pond and must be maintained at design condition: Onsite SW8 080514 a. Drainage Area, acres: 2.89 Onsite, ft2: 68,073 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 47,650 Onsite, ft2: 46,101 Future, ft2: 1,549 Offsite, ft2 (BUA = 85% of lot area):0 c. Design Storm, inches: 1.5 d. Pond Depth, feet: 10 (4.1 average) e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 11.0 g. Permanent Pool Surface Area, ft2: 4,130 h. Permitted Storage Volume, ft3: 6,633 i. Temporary Storage Elevation, FMSL: 12.2 j. Predevelopment 1-yr 24-hr discharge rate, ft3/s: 1.03 k. Controlling Orifice: 1"O pipe I. Post development treatment volume discharge rate, ft1s: 0.02 m. Permanent Pool Volume, ft3: 17,008 n. Permitted Forebay Volume, ft3: 3,440 o. Fountain Horsepower, HP: n/a Offsite SW8 990807 19.3 840,708 none 635,976 100,188 0 535,788 (12 lots) 1.0 7.5 90% 9.0 26,530 57,075 11.0 n/a 3"O pipe n/a 50.000 10,000 1/6 Page 2 of 7 p. Receiving Stream/River Basin q. Stream Index Number: r. Classification of Water Body: II. SCHEDULE OF COMPLIANCE Post -Construction Stormwater Management Permit No. SW8 080514 Jackeys Creek / Cape Fear 18-77-3 "C Sw" 1. The onsite and offsite stormwater management systems shall be constructed in their entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee is responsible for keeping the stormwater collection system on the lot clear of debris, and must control the sediment on the lot in accordance with the requirements of the NC Erosion and Sediment Control Design Manual. 4. The permittee and Riley S. Evans and Westgate Business Park Property Owners Association, Inc. shall at all time provide the operation and maintenance necessary to assure the permitted stormwater systems functions at the design condition efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and re -vegetation of slopes and the vegetated filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, level spreader, filter strip, catch basins and piping. q. Access to the outlet structure must be available at all times. 5. The permittee and Riley S. Evans and Westgate Business Park Property Owners Association, Inc. must keep records of maintenance activities for both the onsite and offsite permitted BMPs and make them 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. 6. The permittee shall submit to the Division an annual summary report of the maintenance inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 7. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 8. Decorative spray fountains will not be allowed in the stormwater treatment system, as the permanent pool volume is less than 30,000 cubic feet. Page 3 of 7 Post -Construction Stormwater Management Permit No. SW8 080514 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted stormwater management facility, a certification must be received from an appropriate designer for the onsite system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Riley S. Evans and Westgate Business Park Property Owners Association, Inc., is responsible for providing, prior to issuance of a Certificate of Occupancy, and prior to operation of the permitted stormwater management facility, a certification must be received from an appropriate designer for the offsite system installed, certifying that the permitted facility has been installed in accordance with Stormwater Permit No. SW8 990807, 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. 10. 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. 11. This lot is limited to the amount of built -upon area indicated in the supporting calculations and per the approved plans. The project drainage area for the offsite stormwater system must have a built -upon area less than or equal to the amount permitted under Stormwater Permit No. SW8 990807. A total built -upon area in excess of the maximum amount allowed by SW8 990807 will require a modification to the overall Permit. 12. 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. 13. Riley S. Evans and Westgate Business Park Property Owners Association, Inc., must record any deed restrictions as required by their permit, and they must verify 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 permittee, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 14. 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. Page 4 of 7 Post -Construction Stormwater Management Permit No. SW8 080514 a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. III. GENERAL CONDITIONS 1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 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 project 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. a. 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; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. 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; V. The assignment of declarant rights to another individual or entity, vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); Page 5 of 7 Post -Construction Stormwater Management Permit No. SW8 080514 b. 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 project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects 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 project. c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. f. 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. 6. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee and/or Riley S. Evans and Westgate Business Park Property Owners Association, Inc. are responsible for taking immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. Page 6 of 7 Post -Construction Stormwater Management Permit No. SW8 080514 Permit renewed, updated, and reissued this the 171 day of June, 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION C Ct �-IP :� nan Wrenn, Uirector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 7 Attachment C - Permitting History Permit No. SW8 080514 Approval Date Permit Action 131MS Version Description of the Changes 7/11/2008 Original Approval 1.0 6/20/2022 Renewal 2.0 Expires on 12/30/2029 Wet Detention Basin Inspection RECEIVED `•�i�'i > �� ZUUs BY: Ew k� sus and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does Z does not This system (check one): does ® does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of inspection and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: Flow I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. BMP element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. uspose of.it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. . The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accutnulated sediments. When the permanent pool depth reads 10.0 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 7.0 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 11.0 4_1 1 Pe anen Pool --------------- -- Volume Sediment Removal Elevation 1_0 Volume 3.0 ftMin. --------------- Sediment Bottom Elevation 0.0 1-ft n Storage Sedimer Storage FOREBAY MAIN POND = -EIVED JUL 1 0 2008 I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name:Riley S. Evans Title:Manager, Sankey Properties LLC Address:P O Box 847 Clarkton NC 28433 Date:— —� �z(� / eq Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1j.� VI 9 64t,County of� Ta Notary Public for the State of Zll i G4�-- , do hereby certify that personally appeared before me this d9 tl' i day of i ) 7 and acknowledge the due execution of the forgoth wee basin maintenance requirements. Witness my hand and official seal, �r Not r r ttt Public gCOU.' `�--,. SEAL My commission expires 2, 21 6&10 0Y 1 S 200E Filter Strip, Restored Riparian Buffer and Level' Inspection and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. Once a year, the soil will be aerated if necessary. — Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of inspection and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: Now I will remediate theproblem: The entire filter strip Trash/debris is present. Remove the trash/debris. System The flow splitter device The flow splitter device is Unclog the conveyance and dispose (if applicable) clogged. of any sediment off -site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. ' element: Swale and the lip The bypass filter strip water The swale is clogged with sediment. The level lip is cracked, settled, undercut, eroded or otherwise damaged. There is erosion around the end of the level spreader that shows stormwater has bypassed it. Trees or shrubs have begun to grow on'th, Swale or just downslope of the level lip. Areas of bare soil and/or erosive gullies have formed. Turf reinforcement is damaged or ripap is rolling downhill. Grass is too short or too long Areas of bare soil and/or erosive gullies have formed. Sediment is building up on the filter strip. are desiccated. Plants are dead, diseased or dying. Nuisance vegetation is choking out desirable species. Erosion or other signs of damage have occurred at the outlet. How I will remediate the problen Remove the sediment and dispose of it off -site. Repair or replace lip. Regrade the soil to create a berm that is higher than the level lip, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer Remove Regrade the soil if necessary to remove the gully, and then reestablish proper erosion control. Study the site to see if a larger bypass channel is needed (enlarge if necessary). After this, reestablish the erosion control material. Maintain grass at a height of approximately three to six inches. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Remove the sediment and restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Provide additional irrigation and fertilizer as needed. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Remove vegetation by hand if possible. If pesticide is used, do not allow it to get into the receiving; water. Contact the NC Division of Water Quality local Regional Office, oa the 401 Oversight Unit at 919-733-1786. A J �jW� O� J IBC I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name:Rilev S. Evans Titic:Managei Sankey Properties LLC Address:P.O Box 847 Clarkton NC 28433 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. CG(� a/Notary Public for the State of County of 2 (Z? do hereby certify that S Oel'" S personally appeared before me this �- ,rdayday of 2610 , and acknowledge the due execution of the torgoiig wet detention basin maintenance requirements. Witness my hand and official seal, KiAf/44" J ' -10 FUIUIiC (, CtOVO``,, SEAL My commission expires ')— 9 20 jU i u.Yn u � nor t tui r Date Received Fee Paid Permit Number b !7 2022 J28 So.S SW8 2805 /¢ I NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(21 the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: 0 S 2. Project name: Z.&!A-f gsf Ues Is _ 3. Project street address/: a oK , - City: ��dhl County: ,,/ E ZIP:o?$�j(S 4. What, if any, changes have been made to the project as permitted? �17 n 1� If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at https:/ldeg.nc.gov/aboutidivisions/ene mineral-land-resourcestenemy-mineral-la nd-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the perminee or project name have been made, please complete either the Permit Update form orthe Permit Transfer form available at https://deg. nc.gov/about/divisions/energv-mineral-land- Plt=.,1- 770 1. Current Permit Holder's 2. Signing Official's Name: 3. Signing Official's Title: - 4. Mailing Address: City: el&.k of the property. 5. Street Address: City: 6. Phone: t_gj0 t� Email: i Stormwater Permits do not ae. ZIP: ECEOVE JUN 17 2022 Stormwater Permit Renewal Form Page 1 of 3 May 11. 2018 -UEMLK 776E UNLY .. Dale Received Fee Paid Permit Number �o 2022 s 5 US °- w 8 51 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60. (c). This application form is for permit renewals only. A. PROJECT INFORMATION State Stormw; 2. Project name: 3. Project street City: " 4. What, if any, c If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deq. nc.gov/abouUdivisions/energy- m ineral-land-resources/energy-mineral-land-ru I es/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/enerqv-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Comp y Name/Organization: cCcn'a , f9,-V0,4 GS 2. Signing Official's Name: X` 1� &A, 3. Signing Official's Title: 4. Mailing Address: _i 6x City: t? �o,IC j�'(c, 5. Street Address: Z City: ifke 6. Phone: (ald Email: State: &-ef- ZIP : mY 3 State: her zip: FC;F,l JUN 0 6 2022 Stormwater Pennit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor, or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. DesJuner Certifications, Please select one: A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division, or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or / ❑ The project has not yet been built. 6: [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/bv title/ Business Registration 1�N 0 g 2022 Stonnwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 PERT' EE'S CERTIFICATION I, 1ykt5 the person legally responsible for the permit, certify that I have a copy of thelPermit 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 project, SCMs, or owner ip. All information provided on this permit renewal application is, to the best of my knowledge, correct ti omplete. Signature: Date: /0012 2- a Notary Public for the State of , do hereby certify personally appeared before me this the day of J6me- 20 2 2 , and acknowledge the due forgoing instrument. Witness my hand and official seal, (Ikt S / PUBLIC �lotary Signet` �� .4 • A14AV4 AI (� �yppN*tD�,n`expires ��-Za?� /— Stonnwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 .0 Permit No.�i4J� J$ L Ito bepravidetl by DWO) OFaA �9 Mr)ujal C NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. 1 .PROJECTINFORMATION tit 1 "t2# Malt ? ': Y r1. r ems. cf sir' =z;r Project name West Gate -Best Western Hotel & Restaurant Contact person Riley Evans Phone number 910-862.5812 Date 7=006 Drainage area number Pond 1 sr b c" r± -K ra, r ya. `+lh - c da:.rn.-u- - ••r a II aDESIGN!NFORMATION''<i.v<<3'=`�i-,t.3:� xxl��$3'�';��s_ `�. �!..Eya�r ti z.'. ✓=x'�z,as-,� k�; ..; � �,-ri �.< Site Characteristics .. .. .. Drainage area 68,073 It2 Impervious area 47,650 it %impervious 70.00 % Design rainfall depth 1.5 in Storage Volume: Non -SR Waters Minimum volume required Volume provided Storage Volume: SR Waters 1-yr, 24-hr runoff depth Pre -development 1-yr, 24-hr runoff Post -development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations 1-yr, 24-hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intensity: 1 yr, 24-hr storm Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Pre/Post 1-yr, 24-hr peak flow control Basin Elevations Basin bottom elevation Sediment cleanout elevation Bottom of shelf elevation Permanent pool elevation SHWT elevation Top of shelf elevation Temporary pool elevation 5,790 fl3 6,633 it Tit It it it 03 3.60 in NA-SCS Method (unitless) NA-SCS Method (unitless) 0.17 in/hr 1.03 fl3/seC 1.71 ft3/sec 0.66 ft3/sec 0.00 1.00 it 10.50 n 11,00 It 9.50 It 11.50 It 12.20 It RECEIVED JUL 1 0 2008 BY: Form SW 401-Wet Detention Basin-Rev.4 Pans I. & IL Design Summary, Page 1 of 2 _ l/ Permit No. (to bap-ovidetl byOWE) ILEDESIGNINFORIVIATION:'a'9%.Pdr ""s';<�t: ic"�5?t."„'d"."''i.ey)�'i`4i;°4an?�2i ,�.�'> �;•}*i„'ri °�': w??�iitar4't{'r�xr,Y�r^a •s t"' sFfSs'eiy.`Jd� ""rl'. f9 ;.�+'F?�'�k`�.- Volume and Surface Area Calculations SAIDA ratio 6.00 (unhass) Surface area at the bottom of shelf 2,840.00 h2 Volume at the bottom of shelf 1,740.00 ft3 Permanent pool, surface area required 4,085 ft' Permanent pool, surface area provided 4,130 d2 OK Permanent pool volume 17,008 ft 3 Average depth for SA/DA tables 4.12 ft OK Surface area at the top of shelf 5,640.00 rye Volume at the top of shelf 2,440.00 h3 Forebay volume 3,440 f13 Forebay % of permanent pool volume 20.23 % OK Temporary pool, surface area provided 6,318 it Drawdown Calculations Treatment volume drawdown time 5 days OK Treatment volume discharge rate 0.02 ft3/s Pre -development l-yr, 24-hr discharge _ 1.03 ft3/s OK Post -development 1-yr, 24-hr discharge 0.42 ft3/s OK Additional Information Diameter of orifice 1 in Design TSS removal 90 % Basin side slopes 3.00 :1 Vegetated shelf slope 10.00 :1 Vegetated shelf width 10.00 It ' Length of flowpath to width ratio 3.00 :1 Length to width ratio 3.00 :1 Trash rack for overflow & orifice? Y (Y or N) Freeboard provided 1.80 ft Vegetated filter provided? N (Y or N) Recorded drainage easement provided? Y (Y or N) Ca'pures all runoff at ultimate build -out? Y (Y or N) Drain mechanism for maintenance or emergencies Y (Pump) OK OK OK OK OK OK OK Design must be based on 90% TSS removal OK OK (1zzECEIVED JUL 1 0 zoos I n Form SW401 Met Detention Basin-Rov.4 Pads I. 8 II. Design Summary, Page 2 of 2 s Permit No.-S w / G Yy s I // (to be provided by DWO) III:%:REQUIRED,ITEMS',CHECKLIST',.E+ y� ".' ..f. ""ti , Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials SheetNo. 1. Plans (1"- 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions; - Pretreatment system, - High flow bypass system, - Maintenance access, - Recorded drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. A g 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: - Outlet structure with trash rack or similar, - Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin cross-section, - Vegetation specification for planting shelf, and - Filter strip. 3. Section view of the dry detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. '<tfi6 r.D, CS 5. A table of elevations, areas, incremental volumes 8 accumulated volumes for overall pond and for forebay, to verify volume provided. ' z. 6. An assurance that the installed system will meet design specifications upon initial operation once the project is complete and the entire drainage area is stabilized. 7. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. 8. The supporting calculations. r_64 9. A copy of the signed and notarized inspection and maintenance (AM) agreement. 10. A copy of the deed restriction. Form SW401-Wet Detention Basin-Rev.t Part III. Required Items Checklist, Page 1 of 1 i 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 OFF -SITE SYSTEM SUPPLEMENT FOR DEVELOPMENT DRAINING TO PERMITTED OFF -SITE TREATMENT SYSTEMS This fornl may be photocopied for use as an original DWO Slormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an off -site system supplement for each off -site stormwater treatment system, appropriate supplement forms for any 'on -site stormwater treatment systems, and plans and specifications showing all stormwater. conveyances and drainage details for the project. PROJECT INFORMATION Project Name : WEST GATE -BEST WESTERN HOTEL & RESTAURANT Contact Person: RILEY S. EVANS Phone Number: ( 910)862-5812 Is all drainage from the project directed to the off -site system? (check one): ® Yes ❑ No I1. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system that will treat runoff from your project): Permit No. SW8 990807 Project Name:West Gate Type of System (wet pond, infiltration basin, etc.): wet pond Lot No. (if part of a subdivision):Tract #2 How much built upon area draining to the permitted treatment system has been allocated to this project?85% (54,185 sf) III. REQUIRED ITEMS CHECKLIST Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Forth SW401-Off-Site System-Rev.l Page I of 2 Applicants Initials 'IBR a. Deed restrictions limiting the built -upon area on the site have been recorded. BS b. Engineers certification for the existing off -site system has been submitted to DWQ. �BQ c. There are no outstanding Notices of Violation for the off -site system. d. Off -site system is in compliance with the issued permit. Iv. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENT'S 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and ditches will be reseeded or sodded following sediment removal. 3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as needed based on monthly inspections. 4. The collection system, including catch basins, curb cuts, velocity reduction devices, and piping, will be inspected monthly or after'every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices, and piping. 5. The collection system may not be altered in anyway without prior approval from NCDENR Division of Water Quality. 1 acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with 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:Rilev S. Evans, Manager Address:P O. Box 847 Clarkton, NC 28433 Date: 1/29/08 Note: The legally responst6le party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. np I, ^ LG a N tary. Publicforthe State of 6 .`Eounty of ^.L� t. >✓ do hereby certify that X • CG71 S personally appeared before me this-�<L day of /�_(� �r��%— _.�_� �, and acknowledge the due execution of the forgoing document including the stormwater collect�t system maintenance requirements. Witness my hand and official seal, P'N a tK/➢�',' -J Notary `'j`-///t-O�lil.� !�'(/ '!�`-Gt-LId � y = r -p — No n 2� Public U; ry Public / - � / ZoMy commission expires / 1.lo Form SWU-106�14b�QUN� Page 2 of 2 West Gate Brunswick County Stormwater Proiect No SW8 990807 Designer's Certification I' as a duly registered _ ��� PLS in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, -T— for cc%. GtIN1V1Q-'O—T ���(cp' IVIC (Project Owner) hereby state that, to the best of my abilities, due care and criligence 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: a P-� HIDS D&LLLh u, •,sti,,,.,,o , AR r°••e"ES81pn''•y����• - 4QDE 9 ��• SEAL Signature 20007 F SEAL 5ONCt NCO �\y,••r Registration Number ,'�'�!ueeueeeNe� Date 7- to - ®¢ cc: NCDENR DWQ Regional Office Delaney Aycock, Brunswick County Building Inspector Certification Requirements: 9* 08CD7 _1. The drainage area to the system contains approximately the permitted acreage. DS 2. The drainage area to the system contains no more than the permitted amount of built -upon area. Dc�_3• All the built -upon area associated with the project is graded such that the runoff drains to the system. k�,c (4 4. The outlet/bypass structure elevations are per the approved plan. 1 5. The outlet structure is located per the approved plans. A 6. Trash rack is provided on the outlet/bypass structure. DZLL_7. All slopes are grassed with permanent vegetation. DEW 8. Vegetated slopes are no steeper than 3:1. ASlA 9. The inlets are located per the approved plans and do not cause sho�t- circuiting of the system. J�10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. ]ES 1-1_12. All required design depths are provided. E51L13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. �i 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Delaney Aycock, Brunswick County Building Inspector `n. TTAL=7 REV.____ TCt+-.!_4_ REC# ,: n,._,CKAMTj0_— CKi? 1031 CASH REF _......-._py TL _ Q 055 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Brunswick County --Register of Deeds Robert J. Robinson Inst t#121493 Book 1608Page 739 07/19/2002 03: 54: 39pn Reci /./,34 A DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, AND EASEMENTS FOR WESTGATE BUSINESS PARK, PHASE I THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, AND EASEMENTS FOR WESTGATE BUSINESS PARK, PHASE 1, made this the _ day of , 2002, by RIVER WIND HOLDINGS, LLC, a North Carolina Limited Liability Company, hereinafter referred to as the "Developer"; Pifi i 1 �DO� WITNESSETII: Whereas, the Developer is the owner of the certain real property, located in the 'town of Leland, Brunswick County, North Carolina, as is hereinafter described; and Whereas, it is the desire and intention of the Developer to impose upon the subdi- vision hereinafter described and such other portions of the property described below made subject hereto from time to time, mutually beneficial conditions, standards and co- venants (hereinafter referred to as "the Declaration" or "Covenants") under a general plan of improvement and use for the benefit of all of the said property, the improvements thereon, and the future owners thereof, NOW THERFORE, the Developer hereby covenants, agrees, and declares, to and with all persons, firms, or corporations, or other entities owning or hereafter acquiring any lot or lots made subject to this Declaration that all of the properties described herein shall be held, used, sold, and conveyed subject to the following covenants, conditions, restrictions, reservations and easements, all of which are declared and agreed to be in furtherance of a plan for the said properties, improvement and sale of the property (as hereafter defined) and are established and agreed upon for the purpose of enhancing and protecting the value, desirability, and attractiveness of this real property and every part thereof. All of the Covenants, Conditions, Restrictions, Reservations, and Easements shall nm with the real property and shall be binding on all parties having or acquiring any right, title, or interest in the property made subject hereto or any part thereof, and shall inure to the benefit of, and be binding upon, each owner and the successor in interest of the each of the owners thereof. The Covenants, Conditions, Restrictions, Reservations, and Easements are as follows: Inst 4 121493 Book 1608Page: 758 ARTICLE XX STORMWATER RU REGULATIONS A. Built Upon Area, Defined: `Built Upon Areas' shall mean that portion of lot that is covered by impervious or partially impervious cover, including buildings pavement, but not including decking. The Built Upon Area for each lot or tract shall not exceed 85% of the acreage or square footage of the lot or tract, unless and until the Stale of North Carolina shall revise its stormwater runoff regulations to permit a greater built upon area for each lot. B. Built Upon Area, Restricted: Not more than 85%, of the acreage or square footage of any lot or tract in WestGate Business Park shall be covered by structures and/or paved surfaces, including walkways, sidewalks, driveways, parking lots, or patios of concrete, asphalt, brick, stone, slate or similar materials, all of which constitute ef- fective impervious cover which is controlled by North Carolina Coastal Stormwater Regulations. The Developer reserves the absolute right to re -calculate the maximum al- lowable built upon area for each lot if required by North Carolina Coastal Stormwater Regulations. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina, and therefore compliance may be en- forced by the state of North Carolina. ARTICLE XXI TEMPORARY STRUCTURES No temporary building, trailer, shack or other stricture of a temporary nature shall be used or permitted on the property, except that such may be permitted by the Developer for the storage of building materials and equipment for use during the construction of the main building on the lot. Also, temporary improvements used only in connection with the construction or sales of permanently approved improvements may be permitted by Developer if they are located as inconspicuously as possible and are removed immediate- ly upon completion of construction or sales. ARTICLE XXII SIGNS A. Plans and specifications for all constriction, installation, or alteration of all outdoor signs, including traffic and directional signs, shall be first submitted to and have the written approval of the Developer. 20 Brunswick County --Register of Deeds Robert J. Robinson Inst 4130831 Book 169 Page n 1336 10/.10/2002 02:59:31pn RecQ al�� 4ET� __pCUC ,7{/C4 TOIALZZ REv, _w TCn RECN �_ Ck A tI Ll' C� CASH •��� itE•F B' ATE OF NORTH CAROLINA DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, UNSWICK COUNTY RESERVATIONS AND EASEMENTS FOR WESTGATE BUSINESS PARK, RASE 2 and ANNEXATION OF WESTGATE BUSINESS PARK, PHASE 2 WHEREAS, RIVER WIND HOLDINGS, LLC, a North Carolina Limited Liability Company, hereinafter referred to as the Developer, has caused to be recorded a DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS FOR WESTGATE BUSINESS PARK, PHASE 1, in Book 1608 at Page 739, of the Brunswick County Registry, which said Declaration has been amended by that FIRST AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, AND EASEMENTS FOR WESTGATE BUSINESS PARK, PHASE 1, which said amendment has been recorded in Book /C.YQ at Page / 3 of the Brunswick County Registry; and WHEREAS, the Developer has recorded a plat of WESTGATE BUSINESS PARK, PHASE 2, in Map Book a-] at Page 3 of the Brunswick County Registry; and WHEREAS, the Developer desires to subject all of that property of WESTGATE BUSINESS PARK, PHASE 2, as shown on that map recorded in Map Book A Z, at Page y 3 , of the Brunswick County Registry, to the aforesaid Declaration of Covenants recorded in Book 1608, at Page 739, of the Brunswick County Registry, as amended by that Amendment recorded in Book at Page /3,3a, of the Brunswick County Registry, and to annex WESTGATE BUSINESS PARK, PHASE 2 into WESTGATE BUSINESS PARK. • Location of any proposed outside storage areas for materials, equipment as well as on going parking for any service vehicles. • Garbage storage or "dumpster" site areas and the location of appendages to the exterior of the building. • Elevations for each of the structures together with the specifications for the exterior materials and colors, including color renderings or boards. 9.) All final plans shall be under seal by a licensed architect or engineer. 10.) The Developer shall have 15 days to approve final plans and specifications. 11.) The Developer, at its option, can submit final plans and specifications to a third party architect and/or engineer for review and the Owner shall pay any reasonable fe&expenses incurred by the Developer in connection thereto with fees not to exceed $500.00 unless agreed upon by Owner and Developer. GENERAL ARCHITECTURAL DESIGN AND MAINTENANCE STANDARDS SITE DEVELOPMENT STANDARDS Maximum Site Coverage: Building, parking, and all other impervious surfaces shall not exceed 85% of the land area of the Lot inclusive to the' roa nc u mg buffers and setback areas). The remaining site area shall be maintained landscaped areas, or if required, residential buffer areas. NOTE: Even though an Erosion Control Plan does not have to be filed, an "Off - Site Supplement" containing a site -plan and showing the percentage of impervious surface must be filed with North 4