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HomeMy WebLinkAboutSW8970517_HISTORICAL FILE_19970626STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 ql 05 1-1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE lgq_MDZ'-o YYYYMMDD State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 26, 1997 Ms. Debra R. Ray, Trustee Richard L. Ray Irrevocable Trust PO Box 610 Jacksonville, NC 28540-0610 A74 FeA IDFEE HNR Subject: Permit No. SW8 970517 Northwest Business Park High Density Commercial Stormwater Project Onslow County Dear Ms. Ray: The Wilmington Regional Office received the Stormwater Management Permit Application for Northwest Business Park on May 9, 1997, with final information on June 9, 1997. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 970517 dated June 26, 1997, for the construction of Northwest Business Park. This permit shall be effective from the date of issuance until June 26, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSS/arl: S:\WQS\STORMWAT\PERMIT\970517.JUN cc: Fred Cone, P.E. Sharon Smith Jennings, Onslow County Inspections Linda Lewis Wilmington Regional Office Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No SW8 970517 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Richard L. Ray Irrevocable Trust Northwest Business Park Onslow County FOR THE construction, operation and maintenance of 2 detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 26, 2007 and shall be subject to the following specified conditions and limitations: 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 page 3 of this permit, the Project Data Sheet. Pond A has been designed to handle the runoff from 212,278 ft2 (Lots 9, 10, 11, and 12 @85%) of impervious area, and Pond B has been designed to handle the runoff from 601,019 ftz (Lots 1-8, 13, and 14 @85%) of impervious area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 State Stormwater Management Systems Permit No SW8 970517 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Northwest Business Park Permit Number: 970517 Location: Onslow County Applicant: Ms. Debra R. Ray, Trustee Mailing Address: Richard L. Ray Irrevocable Trust PO Box 610 Jacksonville, NC 28540-0610 Application Date: May 9, 1997 Water Body Receiving Stormwater Runoff: UT Mill Creek Classification of Water Body: "SC NSW" Pond Depth: Permanent Pool Elevation: Total Impervious Surfaces Allowed: Outparcels @85% Offsite Area entering Pond: Required Surface Area: Provided Surface Area: Required Storage Volume: Provided Storage Volume: Temporary Storage Elevation: Controlling Orifice: POND POND B 7 feet 7 feet 44 FMSL 42.2 FMSL 212,278 ft2 601,019 ft2 Lots 9, 10, 11, 12 Lots 1-8, 13 14 routed around site, per Engineer 8,833 ft2 25,264 ft2 9,400 ft2 27,200 ft2 17,158 ft3 48,400 ft3 19,918 ft3 55,002 ft3 45.7 FMSL 44 FMSL 1.75" pipe 3" pipe 91 State Stormwater Management Systems Permit No. SW8 970517 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. Deed restrictions must be recorded prior to the sale of any outparcel or future area shown on the approved plans to ensure that future owners are made aware of the built -upon area limitations. The following statement must be recorded: "To ensure continued compliance with the NC Division of Water Quality Stormwater Management Permit Regulations, 15A NCAC 2H.1000, each lot is limited to 85% of it's lot area as built -upon area, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking or the water surface of swimming pools." ✓"All built -upon area from the outparcel must be directed into the permitted stormwater control system." ✓"Additional built -upon area will.require a permit modification." \/The connection into the stormwater control shall be made such that short-circuiting of the system does not occur." The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 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. 0 State Stormwater Management Systems Permit No. SW8 970517 II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's 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. C. All connections into the stormwater system from future areas/outparcels shall be made such that short-circuiting of the system does not occur. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 3. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 4. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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. 6. A copy of the recorded deed restrictions must be submitted to the DWQ within 30 days of the date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp of the Register of Deeds. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 5 State Stormwater Management Systems Permit No, SW8 970517 III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. The permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 26th day of June, 1997. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION V _ "' — & � .�� A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 970517 State Stormwater Management Systems Permit No. SW8 970517 Northwest Business Park Stormwater Permit No. SW8 970517 Onslow County Engineer's Certification I, . , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the 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. Noted deviations from approved plans and specification: Signature Registration Number Date DIVISION OF WATER QUAL11'Y NOIn'll CAROLINA STORIIIWATER AIANAGENIUMI' 19CIRAIrr AI'1'LICATION GENERAL INFORMATION ('lease print elcndy to. qym) L I'rojcct Name Nor hWest Bu in cc Park 2. Location, directions to project (include County, Address, State Road) Attach map._ Onclow County —InCaIed_on NCSR 147�(W c rn poulevard) Jacksonville NC + Debra R. Ray, Trustee for 3.Owner's Name Richard I_. Ray Irrevocable Trust Phonc_(910) 346-8218 ate 1%?0/94 4.Owner's Mailing Address_ P.O. BOX 610 City Jacksonville Stale NC Zip 28540 5. Nearest.Itcceiviug Stream Mill Creek C1a55 SC jj5v✓ 6.Projecidescription Commercial Business Park 11. 1'JeI011T INIrOI1MA'1'ION I.VC11,61 NO.0;lI,,y1led1nhyDjvQ)__S,wB 2.Application Dale "eccnclosed$ 8�7 3.1'crmit'I'yPc:_XXNew Renewal Modification (existing 11ermitNo.) 4. 1'rojcet'I)'Pc; _____Low Density XX Detention_Inrillration_Redevelo I) _Ceneral_Alter Offsite .5. Other Stale/federal Permir Permits/Approvals Requed (Cherk appropriate blanks) -- CAMA Major, Sedimentation/Erosion Control XX 404 Pcnnit_____ . I I1. IIU1 L'r UPON AlUl A (I'leme see NCAC 211.lGOJ rhr,f IfW f,r applicable density lia,lrs) Drainage Draimgw Breakdown of Ininervious Area Basin B;sin „A„ (Please indicate below the dasige Imperviotu area) u6n Classification *** I - Sf. n — Sr Buildimvs ion n,,, Existing Iluill-upon Area - `�Q69_ _239.330 Proposed Buill-upon Area 212,278 601,019 'Total Project Area 296,895 797,768 % Built -upon Area 71.5% 7— % IV. S'1'OItQIR'A'1'IsR '1'RIsA3'I11LN'1' (Describe haw the n,na/("ill be nested) Parking/SkV Totals 212,278 I 601,019 ***BASED ON 85% PER LOT IMPERVIOUS AREA al (I V DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. %t By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIRICATION Debra R. Ray, Trustee For 1, RiCharq 4'jIrrevocable Trust certify that the information included on this permit 1=� 'l�,u < pn u`)cicicarly or type) application form is correct, that the project will be constructed in conformance with dte approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans gn my behalf. Authorized Agent Sfgnature and Title Date VII. AGENT AUFIIORIZATION (Please fill in the name of the engineer/surveyor authorized to submit plans on the owner's belw(f) Person or firm name John L. Pierce Surveying Mailing Address City_Jack,;onville 1685 State NC Zip 28540 phone (910) 346-9800 Please submit application, fee, plans and calculations to the appropriate Regional Office. cc: Applicant/WiRO//Central files Office use only MAY 0 9 1997 Y:SIJ �97��1 ....3.v.:......... .. .. ....... .. _. rt .......n.:r.:.�_...�.....rr.�n..aa+.u-vs.-.« .u.e.sf r� ATTACHMENT A LOW DENSITY AND ALL SUBDIVISION PROJECTS GENERAL SUBMITTAL RCQUIRII:MI;NI'S A completed stornswater permit application. k 2. Two sets of plans showing north arrow, scale, revision date, property/project boundaries, lot lines, proposed and existing contours, drainage areas, mean high water line, wetlands, easements, the 30' minimum vegetated buffer between impervious areas and surface waters, proposed impervious areas, and road cross -sections. 3. Calculations of the built -upon area, For subdivisions, please show the methodology for arriving at the per lot built -upon area. For non -subdivision projects, please break down the calculation into buildings, roads, parking, and other (include all impervious areas). 4. Low density projects with curb outlet systems will require: a. Drainage area delineation and Swale locations shown on die plans. b. Detail of the swale, showing nlinimunt 5:1 side slope. C. Velocity calculations, indicating a non -erosive flow for the 10 yr storm. d. Inlet and outlet elevations. Maximum longitudinal slope is 5%. e. The type of vegetated cover specified oil the plans. f. A flow spreader mechanism located at the Swale entrance. g. A signed Operation and Maintenance Plan. DRED RESTRICTION REQUIREMENTS I'he following statements umst be included for all low density projects, and for all subdivisions: No more than 35% of any lot, including that portion of the right-of-way between the edge of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface ofswinuning pools. 71tis covenant is intended to ensure continued compliance with the slormwater permit issued by the State of North Carolina. 711e covenant stay not be than ed or r/el led without the consent of the State. ***stormwater drainage from impervious areas o all to s must be directed to the stormwater No one may fill in or pipe any roadside or lot -line swale, except as necessay to provide aete ui iuni pQ eway crossing. For rurb outlet systenn projects, no one may pipe, fill in, or alter any lot line swale used to tneet North Carolina Slornnvater Maagentent Perot requirements. NOTE If lot sizes vary significantly, the owner/developer must provide all attachment listing each lot number, size, and the allowable built -upon area for each lot. ST®Rp a, n ,AT �IH/il►y/1y/ ER E C E I V E JUN 0 91997 D D E PROJ N `�WIiR�-7 POND MAINTENANCE REQUIREMENTS Project Name: Northwest Business Park Project No. 5,v$ g7O5 Debra R. Ray, Trustee for Permitter Richard L. Ray Irrevocable Trust Dated 1/29/94 Phone No. (910) 346-8218 Address: P.O. Box 610, Jacksonville, NC 28540 I. Monthly, or after every runoff producing rainfall event, whichever comes first: A. Inspect the trash rack; remove accumulated debris, repair/ replace if it is not functioning. B. Inspect and clear the orificeof any obstructions. If a pump is used as the drawdown mechanism, pump operation will be checked. A log of test runs of the pump will be kept on site and made available to DEM personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/ cleaning will be done as necessary. II. Quarterly: A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper function. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond inlet pipes will be checked for undercutting. Riprap or other energy dissipation structures will be replaced, and broken pipes will be repaired. III. Semi-annually: A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The forebay depth will be checked at various points. Sediment removal is required when the depth is reduced to 75% of the original forebay design depth of **SEE BELOW '. C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. ������////AA������/II(11�� yepP ** "All = 51 STO 1, Y l Y Y ATER "B" = 4.1' E C E' I V E D Iun�j MAY 0 91997 D PROJ# USl7 L' PAGE 2 IV. Annually: A. The pond depth will be checked at various points. Sediment removal is required when the depth is reduced to 75% of the original design depth or 31,whichever is greater. Design depth is _**** measured vertically from.the orifice down to the pond's bottom. Sediment must be removed to`4at least the original design depth. ..;:**POND A = 7' V. General: POND B = 7' A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 6". B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. The best time to cut them is at the end of the growing season, in November. Environmentally sensitive chemical for use in killing cattails can also be used. Contact your nearest Agricultural Extention Agent. C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow drawdown may be attributed to a clogged system. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order.: Repair or replacement components will meet the original design specifications as per the approved stormwater plan. If previously approved components are determined to be ineffective, the component must be redesigned and/or replaced. VI. Special Requirements: Debra R. Ray, Trustee for I _ Richard L. Ray Irrevocable Trust hereby acknowledge that. I am the financially ---Medl /207g4 responsible party for maintenance of this detention pond. I will be responible for the performance of the maintenance as outlined above, as part�'of the Stormwate.r Management Permit received for thi project. 11 • � I ,rn' Signature: - . ), �Y�17�ou la Datele DA/arl: S;/WqS/STORMWATP �R/FORMS/O&M POND.FOR E STORINI ATEH JUN 0 9 997 D D PROJ #5W i5I "T POND MAINTENANCE REQUIREMENTS Project Name: Northwest Business Park Debra R. Ray, Trustee for Permitte: Richard L. Ray Irrevocable Trust Daked-1/28,194 Project No. Phone No. (910) 346-8218 Address: P.O. Box 610, Jacksonville, NC 28540 At I. Monthly, or after every runoff producing rainfall event, whichever comes first: A. Inspect the trash rack; remove accumulated debris, repair/ replace if it is not functioning. B. Inspect and clear the orificeof any obstructions. If a pump is used as the drawdown mechanism, pump operation will be checked. A log of test runs of the pump will be kept on site and made available to DEM personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/ cleaning will be done as necessary. H. Quarterly: A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper function. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond inlet pipes will be checked for undercutting. Riprap or other energy dissipation structures will be replaced, and broken pipes will be repaired. II1. Semi-annually: A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The forebay depth will be checked at various points. Sediment removal is required when the depth is reduced to 75% of the original forebay design depth of **SEE BELOW '. C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. ** = 5' STORMWATER "B" = 4.1' pECE'IVE MAY 0 91997 D PROJ # cmosl) PAGE 2 11k IV. Annually: A. The pond depth will be checked at various points. Sediment removal is required when the depth is reduced to 75% of the original design depth or 3',whichever is greater. Design depth is NSA ', measured vertically from.the orifice down to the pond's bottom. Se icimment must be removed to,tat least the original design depth. , . V. General: -7 - %ems 5e- Z cr (9p fb _*Z.3 A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 6". B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. The best time to cut them is at the end of the growing season, in November. Environmentally sensitive chemical for use in killing cattails can also be used. Contact your nearest Agricultural Extention Agent. C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow drawdown may be attributed to a clogged system. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order.: Repair or replacement components will meet the original design specifications -as per the approved stormwater plan. If previously approved components are determined to be ineffective, the component must be redesigned and/or replaced. VI. Special Requirements Debra R. Ray, Trustee for I Richard L. Ray Irrevocable Trust hereby acknowledge that I am the financially a e. responsible party for maintenance of this detention pond. I will be responible for the performance of the maintenance as outlined above, as part"of the Stormwater Management Permit received for thiA project Signature:,O�y �u i — Date DA/arl: S;/WQS/STORMWATER/FORMS/0&M POND.FOR FNCAR'S CERTIFICATION I, Frederick E. Cone , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, Northwest Business Park Permit No. SW8 970517 (Project) for theMs . Debra R. Ray, Trustee hereby state that, to the best of my abilities, (Project Owner) Richard L. Ray Irrevocable Trust 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. Signature � � 6 Registration Number IBC 9 D S, 1 Date '1 - � - (q RECEIVED MAY i 6 %sD) DWQ q PROJ # I Book Page \ 1692 0599 STATE OF NORTH CAROLINA 1001 "A^ 26 FBI 2 16 COUNTY OF ONSLOW AMENDMENT TO DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS entered into this the 23�day of March, 2001, by and between the undersigned owners of more than seventy-five percent (75.0%) of all the subdivided lots of that tract of land located in Jacksonville Township, Onslow County, North Carolina and more particularly described as "Final Plat Showing NORTHWEST BUSINESS PARK", according to that plat prepared by John L. Pierce - Surveying and recorded in Map Book 39, Page 97, Slide K-563, Onslow County Registry. Said plat being incorporated herein by reference as if fully set forth and referred to for the purposes of furnishing a more complete and accurate description of the property which is the subject of this declaration; THAT, WHEREAS, The Richard Ray Irrevocable Trust, dated January 28, 1994, and Onslow Investors, L.L.C., a North Carolina limited liability company, did on May 29, 1997 execute and record in the Onslow County Registry, a document entitled "Declaration of Covenants, Conditions and Restrictions", subjecting the real property described herein to restrictions contained in said document and recorded in Book 1377, Page 187, Onslow County Registry; and, WHEREAS, Article Vill, Section 3 of said Declaration of Covenants, Conditions and Restrictions, entitled General Provisions, Amendments, provides that said restrictions contained therein could be amended by an instrument executed by the owners of seventy- five percent (75.0%j or more of the subdivided lots of said subdivision; and, WHEREAS, the undersigned are the record owners of more than seventy-five percent (75.096) of the lots located within the boundaries of said subdivision referred to i i herein and to which said Declaration of Covenants, Conditions and Restrictions apply; and, WHEREAS, in accordance with the provisions of said Declaration of Covenants, Conditions and Restrictions the undersigned owners desire to amend said Declaration of Covenants, Conditions and Restrictions recorded in Book 1377, Page 187, Onslow Ctx n y Registry WPD0C5/D0C/RESTC0V/AMENDNW \ Book Page 1692 0600 NOW, THEREFORE, the undersigned, being the owners of seventy-five precent (75.0%) or more of the lots of NORTHWEST BUSINESS PARK, hereby declare that the Declaration of Covenants, Conditions and Restrictions recorded In Book 1377, Page 187, Onslow County Registry, be and are hereby amended by modifying ARTICLE VII, USE RESTRICTIONS, Section 7, Stormwater Runoff, by inserting in said Section 7 the following provisions: Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. All permitted runoff from outparcels or future development shall be directed into the permitted Stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the Integrity and performance of the system as permitted. Except as herein modified, the Declaration of Covenants, Conditions and Restrictions referred to herein shall remain in full force and effect, unaltered and unchanged by the execution and recordation of this amendment. IN WITNESS WHEREOF, the undersigned have duly executed this instrument for the purposes set forth herein, as of the day and year first above written. THE RICHARD RAY IRREVOCABLE TRUST, dated January 28, 1 94 By: y, t De ra R. Ray, its Tru tee ONSLOW NVESTO(R(S,, L.L.C. By: v . Debra R. Ray, its Manager STATE OF NORTH CAROLINA COUNTY OF ONSjLOW I,. (� %e �'� a Notary Public in and for the county and state aforesaid, hereby certify that Debra R. Ray personally appeared before me this date and acknowledged that she is the Trustee of The Richard L. Ray Irrevocable Trust, dated January 28, 1994, and that with authority duly give she executed the foregoing instrument for the purposes set forth therein. 2 Witness my hand and official stamp or seal, thiso?3 day of March, 2001. ,,�4�� t...NIER My commission expires: �. a [fir .: W ot.a%lly 0. : x /* Z L� : ;G0JZ LG' i Book Page I 1692 0601 STATE OF NORTH CAROLINA COUNTY OF ONSLOW I, �0AllltAW /� /n2?1-- a Notary Public In and for the county and state aforesaid, hereby certify t at Debra R. Ray personally appeared before me this date and acknowledged that she is the Manager of ONSLOW INVESTORS, L.L.C., a North Carolina limited liability company, and that with authority duly give she executed the foregoing instrument.for the purposes set forth therein. / Witness my hand and official stamp or seal, this(n J day of March, 2001. My commission expires: `'I/IA �',6&aA J �y Notary Public /r: v o a• - NORTH CAROUNA.OMWV Cotnrtr CHARLENE H. LANI?.R & BETTY BULLOCK j'• The foraging artilkate(e) of N"tart(ies) Public k (Us) cartiGed to be correct. This Ipe26TH 10" Prcunted for registration and recorded in this "Nice rn 599 This drf• J't"•li—•lrl'r" at P—n/�B: gat+ I •0.4.e C-w K BO 0281411 cam at 04/101 a $480.00 Van eep°1� t Reel ESUS 9 I 0 Exclaa Tax Exclae Tax $480.00 , ..... 1377nn 21.8 THIS DOCUMENT PRESENTED TO TAX OFFI ��y DATE ig L i CRAWFORD OLLINS"4& 1997 JUN 19 PH 12: 13 Recording 7Yme, Hook and Page TaxLot No.......................................................................................... Parcel Identifier No......................................... .:..................:.......... Verifiedby ......:................................................ ................ County on the .,............. day of .............. ........................... .............. ., 19......,..... by..... ....-..... .... ............ ... ........................ ...... .... .......................................... ............................................................................................................ Mall after recording to ...... Harkit,.,L.L.C.., 11125„highway., 17.North,..Wilmingtog...NC... 28.4.05.,............................ Attention: Ron Worthington ... ... .......... ....... ... .. ............ This Instrument wait prepared by .... Gaylor,. Edwards.. and Vatcher,. Attorneys................................................................... Brief description for the Index Lot 2, Map Bk 34 Pg 232 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ....... ........ day of June 1!I 97 , by and between GRANTOR ONSLOW INVESTORS, L.L.C., a North r Carolina limited liability company GRANTEE RARKIT, L.L.C., a North Carolina limited liability company Enter In appropriate block for each party: name, addrew, and, If appropriate, character of entity, e.e. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter its required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated In the City of .., ,. „ Jacksonville Township, _Onelow County, North Carolina and more particularly described as follows: Being all of Lot 2 as shown on a map entitled, "Recombination Survey Prepared for Onslow Investors, LLC 6 Debra R. Ray, Trustee" dated May 21, 1997, revised May 28, 1997, prepared by John L. Pierce - Surveying and recorded in Map Book 34, Page 232, Slide J-499 of the Onslow County Registry. Said property also being described as Lot 5 of Northwest Business Park as shown on a map attached hereto as Exhibit "A". Subject to that Declaration of Covenants, Conditions and Restrictions for Northwest Business Park recorded in Book 1377 , Page 187 , Onslow County Registry. Together with a non-exclusive and perpetual easement for access, utilities and drainage over, upon and across that Access 6 Utility/Drainage Easement situated on the west side of the above described property as shown on Map Book 34, Page 232, Slide J-499, Onelow County Registry. N. C. au Aunt. Form No y %0 1976, Rerlu,! V 1977-,...wm....• rp. in<, u.. in..m�...n., x c our ....nu e..,....., .,m,n.a c 1.._1 -MI � riFn v •n� rva®s nr� rn••i [�i � O M\r 1r mm 01..[ •aA Fm •)1'..'n•[ o vn.} aam na na xa •xrr o n-v [r mm rm ran r.n • ar. r : o rrrr a.s w au v rrr.r u rCxer v s.a u •n•n••r • A> u rnrrr • >u - �T "� rr._.. 1 , it =' • , ,; : � Ire= i- —_ r — �— WIN Sfpy _ m Y�� � 1 urr R1 1 �• r' �1 / .... sex rrr P. 1 1 s ar ►. /� ••r 1 1 �1 - _ _----L----_.i / 1 1 _ _ - 11 A r r' 1 I I ur [ 1 4 •v --------------- L_____c [ram_ ________-J EXHIBIT A' -- - ---� NORTHWEST BUSNESS PARK DEBRA R. RAY. TRUSTEE FOR RICHARD L RAY IRREVOCABLE TRUST DATED 1/28/94 rota n 1 I 1 1 JOHN L PIERCE -SURVEYING " e0Y .�I910N BLw. J.0 DA M1 A riC . IM 1 1 - rrn wr •tre rws 1 1 wV- ato-a.o-aFA M 1 l- r. rw7 s ►� - lrNL- 1' 200• ri ]O1. IG r! - IA 332 PG SS . �Y In3190 RL YAIC rlvBVt♦ BGGK 137 7 PAGE ow r? The property hersinabove described was acquired by Grantor by instrument recorded In ............ A map showing the above described property to recorded in Plat Book..........3.4..................... page ........ 23.9 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor Is seized of the premises in fee simple, has the right to convey the same in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title ngainat the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Declaration of Covenants, Conditions and Restrictions recorded in Book 1377 , Page 187 , Onslow County Registry. 1997 ad valorem taxes. tN WITNESS WHERROr, the Grantor has hereunto set his nand and seal, or If corporate, his Caused this Instrument to be signed In Be corporate name by Its duly authorized olllure and Its seal to be hereunto nixed by authority of Its Board of Directors, the day and year fret above written. f ONSLOW INVESTORS, L.L.C. _ (Corporate Name) ; �:. — ________ ____ ________________President Debra R. Ray Manager Y ATTRSTt V .................................. ............................. m i _. _,s,,,t1�,NA4 %r4..-____Secretary (Corporate Bean_________________(SEAL) � 1 \ TAMP �f`�� NORTH CAROLINA, ....... RB).OM __ ________________County e p ' 1i I, a Notary Public of the eeanq' and state .rorec.la, «ruts that _. Debra- S,.Ra}t,.2laaageL_af___ C� Onslow Investors, L.L_C., a NC limited liability company 114e M - - u to on e�laYf I personally • pared bef re me thl ay and acknowledr d he her lion of the fa esoln Instrumeh(. Witnls MY Oy �l�� 2 Y of eei� �imite� liabil�t1y ompany VIR But�iority duly given. p nand and official stamp or eau. this ..`-�--- day of ....... J-UIIa ------- .-------------------- 1p_ _. 1�, • ,�,,,• I %� Ia.,P (`p� � gist �t,l � f� l'.�y�A �y,tttr/•Ai � yn��L e/ err Oo,Y' Cl�tt vvvr My Commisslan e.plree: 1V� •'`-f______________ ��'�p�iu y.r. i.t /Y L .-C-yam:_ ._ • ! Mu1+ry'Publld REAL -STAMP NORTH CAROLINA____----------------------- _------- Munly 1, a Notary Public of the County and Slate aforesaid, certify that'__________________________________________ M personally came before me this day and acknowledged that ..__ he Is ----------- ___------------- Secretary of yM------------------------------------------------------ a North Carolina corporation, and that by authority duly m given and a the act of the corporation, the foregoing instrument wu signed In Its name by Its ............... $ President, sealed with Its corporate real and attested by _---------- as Its --------------------------- Secretary. D Witness my hand and official stamp or seal, this ....... day of ____ __ _____________________ If......... Mycommission expires- ----------------------------- -...--_._-____.._-.-..-_________-__-... Notary Public The foregoing Certificate(,) of ...17.e1!n t'•.L..i�t--Flf3her---------------------------------------------------------------------------- -------- -----------------------------------------••--------------------_-------------------------------------• _--•---- • _---------------------- ................. Were testified to be correct. This slrument and this certificate are duly registered at the does and time and In the Rook and Page shown ed the filetpa90 heceaf. T11 ,flit On610M ___-COUNTT ......................... RRGIaTER OF DECIDE run _______. ._.___.. __.__________. ..___..Deputy/Aalstaat-Register of Used, N. C. Be, Aww. Form Nu. ) %� 1976, Revised ¢: 1977 - t„o. m,,.m, a c..,m . s.. vl, ne.­ne. N c. vms e­,.ne...—I N.c SO.— -,a, Sent By: GAY,LOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; To: JOHN PIERCE At: 3461210 t Apr-18-00 5:18PM; Page 1 -Vopo� son 1377PA6E 187 p E C- E I V ED APR 2 4 1000 STATE OF NORTH CAROLINA V91 JUN 19 AN 9. ?Rw o DWO COUNTY OF ONSLOW DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION in made this theme,,, *day of May, 1997, by The Richard L. Ray Irrevocable Trust dated January 28, 1994, and ONSLOW `( INVESTORS, L.L.C., a North Carolina limited liability company j hereinafter referred to as "Declarants." f N I T N E S S E T H: F WHEREAS, the Declarant are the owners of certain real property described in Article I of this Declaration, and are desirous of subjecting said real property to the protective and restrictive covenants hereinafter set forth, each and all of which are for the benefit of such property and for each owner thereof, and shall inure to benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereon and further shall be for the benefit and enforceable by the State of North Carolina. NOM, THEREFORE, the Declarants hereby declare that the real property described and referred to in Article I hereof is and shall be held, transferred, sold, conveyed subject to the protective and restrictive covenants set forth below: PROPERTY The real property which is and shell be held, transferred, sold and conveyed subject to the protective and restrictive covenants set forth herein is located in Jacksonville Township, Onalow County, North Carolina, and is more particularly described aO follows: Being all of Lot 1 and Lot 2 As shown on a map entitled, "Recombination Survey Prepared For ONSLOW INVESTORS, LLC 6 DEBRA R. RAY, TRUSTEE" dated May 21, 1997, revised May 28, 1997 prepared by John L. Pierce - Surveying and recorded in HOP Book 34, Page 232, Slide J-499, Of the Onalow County Registry. Said proporty also being described as all of Northwest ausiness Park as shown On the nap attached hereto as Exhibit PA'. Sent By: GAVLOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; Apr-18-00 5:18PM; Page 2 ( i nox-1.377PACE 18R ARTICLE II DEFINITIONS i Section 1. "Association" shall noun and rotor to Northwest Business Pork Property Owners' Association, Inc., a non-profit corporation formed pursuant to the requirements set forth the North ) Carolina General Statues, its successors and assigns. , ggntien 2. "Owner" shall mean and rotor to the record owner, , .whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having ouch interest merely as security for the performance of an obligation. aeration I. "properties" shall been and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be bought within the jurisdiction of the Association. Section 4. "Common Areas" shall mean all real property (Including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be " owned by the Association at the tine of the conveyance of the first lot to described as follows: Detention Ponds as shown on that certain map entitled, "Northwest Business Park", attached hereto as Exhibit "A" and Sign Easement areas as shown on said map. Section S. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area and Sign Easement area an shown on said map. Section 6. "Declarants" shall mean and refer to The Richard L. Ray Irrevocable Trust, dated January 28, 1994 and Onslow Investors, L.L.C., their successors and assigns. ARTICLE III PROPERTY RIGHTS Section 1. Owners' Eaegmenta of Eniovment. Every owner shall have a right and easement of enjoyment In and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: W I Sent By: GAVLOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; Apr-18.00 5:19PM; Page 3 soot 1377PASF 132 (a) The right of the Association to suspend the voting rights or an owner for any period during' which any assessment against his Lot remains unpaid. (b) The right of the Association to dedicate or transfer all, or any portion of the common Area, for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be agreed to by the members, Individually. No such dedication or transfer shall be effective unless agreed to by Two -Thirds (2/3) of the members voting on the same at a duly call meeting for that purpose, and a certificate signed by the secretary of the meeting Se recorded indicating the approval. MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner or a Lot which in subject to assessment shall be a member of the Association: Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have one class of voting membership who shall be all Owners, and Owners shall be entitled to one vote for each Lot owned. When more than one person holds and interest in any Lot, all ouch persona shall be members. The vote for such Lot shall be exercised aD they determine, but in no event shall more that one vote be cast with respect to any Lot. ARTICLE V. COVENANT FOR MAINTENANCE ASSESSMENTS Assessments, The Declarants, for each Lot owned within the Properties, hereby covenants, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be no expressed in such deed, is doomed to covenant and agree to pay the Associations (1) annual assessments or charges, and (2) special assesmmento for capital improvements, such assessments to be established and collected an hereinafter provided. The annual and asocial assessments, together with Interest, costs, and reasonable ottornoys fees, shall be a chargo of the land and shall be a Sent By: GAYLOR EDWARDS VATCHER LAW FIRM; (910) 455.0117; Apr-18-00 5:19PM; Pege 4 'rook 1377PecE 190 continuing lion upon the property against which each such aaaasomenta is made. Each such assessment, together with interest, Coate, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors In title unless expressly assumed by them. Section 2. suroose of Assessment- Thu assessments levied by the Association shell be used exclusively for operation, preservation and maintenance of the Common Area. Section 1. Maximum Aangjj�haanagagat&L Until January 1 of the.year Immediately following the conveyance of the first Lot to an Owner, the maximum annual assessments shall be ONE HUNDRED AND NO/100 DOLLARS ($100.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessments may be increased each year not more r then 9i above the maximum assassments for,the previous year without a vote of mombership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above SE by a vote of two-thirds (2/0) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors say fix the annual assessment at an amount not to exceed the maximum. Section a. Snecial Aeaoasments for Caoitai Imprmveas to In addition to the annual assessments authorised above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in port, the coat of any construction, reconstruction, repair or replacement or capital improvements upon tho Common Area, including fixture and personal property related thereto, provided that any such assessments shall have the assent o1 two-thirds (2/7) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Sent By; GAYLOR EDWARDS VA7CHER LAW FIRM; (910) 455.0117; Apr.18.00 5:20PM; Page 5 BOOK 1.377PAGE 191 Section . NsItics and Ounrum for Any Ac iom Authorised LAar ae,.[i n and a. Written notice of any meeting called for the purpose of taking any action authorised under section 7 and a shall be cent to all members not lase that 70 days nor more than 60 days in advance of meeting. At the first such meeting called, the presence of members of proxies entitled to test sixty percent (604) of all the votes shall constitute a quorum. It the required quorums not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more that sixty (60) days following the preceding meeting. Section 6. uniform Rate of Assessment. Both annual an special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Date of r_cmman-ement Qf Annual Assesamantat Due DOW, The annual assessments provided for heroin shall commence as to all Lots owned on January 1, 1990. The Board of Directors shall fix the amount of the annual assessments against each Lot at least thirty (10) days in advance of each annual assessment period. written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an Officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the statues of assessments on a Lot is binding upon the Association as of the date of its issuance. Encfion A. affect of yynpavaan[ of Aeseeamantse Ramediea *f theAaaaciatianaAny assessment not paid within thirty (10) days after the due date shall boar intereet from the due date at the rat* of twelve (12) percent per annum. The Association may bring an action at lax against the owner personally obligated to pay the oamo, or forocloso tho lion against the property. No Owner may waive or othervise escape liability for the assessments provided Sent By: GAVLOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; ..BOOK 1377PAOt 19`? Apr 18-00 5:20PM; Page 6/11 for heroin by non-usa of the Common Area or abandonment of his Lot. a4Qt1Qm 9_ Ambordinetion of the Ilan to Mortgagee, ' Thu lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. sale or transfer of any Lot shall not offset the assessment lien. However the sale or transfer of any Lot pursuant to mortgage foreclosure of any proceeding in lieu thereof, shall extinguish the lien of such assessments ae to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTI-L. VI. OPERATION AND MAINTRNANOE OF COMMON Aft1tA It shell be the responsibility of Northwest Business Park Property owners' Association to maintain and operate the wet detention ponds. The ponds should be checked after all rainfall r events to insure the following: (1) orifice is free of debris (check after each rainfall). (2) The vegetation filter is remaining stable (monthly). (3) The ponds aide slope* are remaining stable (monthly). (4) Inspect and clean out catch basins (monthly). when the sediment a pond reaches a level of .5 feet then it shall be responsibility of the Northwest Business Park Property Owners' Association to have the sediment removed. If the pond is used me a sediment basin during construction If should have any accumulated sediment removed and restored to design specification. Ponds should be checked twice annually in April and November. It is the future responsibility of the owner to maintain the side slope and the vegetative filter. This shall include the followings () Mowing the side -elopes and vegetative filter when the vegetation reached a height of a inches. The vegetation shall never be mowed to lose that 4 inches. (2) The owner will seed the side -slopes and vegetative filter as needed. (As soon as erosion is vlelble/noticeable). (3) The owner will repair the elda-slopes and the vegetative Sent By: BAYLOR EDWARDS VATCHER LAM FIRM; (910) 455.0117; Apr-18-00 5:20PM; Pege 7/11 BOOK 1377PAoE 193 filter after any rain event which causes erosion of the side -slopes or vegetative filter. (4) The owner ohall inspect catch basins weekly during construction. (5) No lees than monthly, the Owner shall pump out oil collection areas (catch basins) and dispose of properly to an authorised recycling firm. The Declarante may at this discretion form a utility and charge for etormwater disposal. IaTIVTE VII, USE RESTRICTIONS set n 1. r.nnd Use. No Lot shall be used except as pormitted under the City of Jacksonville Zoning ordinance. section 2. gnthark aemuiraments. No building shall be located on any lot nearer than the setback lines as shown on the recorded plat. Section I. Cohinnt on of Leta. In the event any owner of more that one adjacent lot combine$ said lots into one lot, the aide oetback requirements shall apply only to the line marking the perimeter of the combined late and shall not apply to the aide lot line of any lot which line is not also a perimeter line of the combined lots, geetion a. Nuisance P_ rg_ Ohlbited. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may or may become an annoyance or nuisence.to the area. sections, Easements. Easements for access, installation and maintenance of utilities, drainage facilities, and common area are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenanco of utilities, or which may change the direction of flow S 1. of drainago channels in the easements, or which may obstruct or retard the flow of water though drainage channels in the easements or oeeoas to tho coa=rk Aran. The easement area of each lot and all Improvements In it shall bo maintained continuously by the i 4 I P r 6 Sent By: DAVLOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; Apr-18-00 5:21PM; Page 8/11 aooK 1 377veeE 194 owner of the lot, oxcept for those improvements for which a public authority or utility company is responsible. Section A, ngblle Nomoe G Tamna*ery c ,_ .rue_ No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot ant any time as a residence, office or business, either temporarily or permanently. No trailer, mobilo home, camper or like vehicle shall be parked on any lot at for any purpose, except during the construction of a permanent building for a period not to exceed six months. Section ). Stormwater Runoff. No more that eighty-five percent (95%) of the total surface area of any lot *hall be covered by structures and/or paved aurfaces, including walkways or patios of brick, stone, slate or similar materiels. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina. ARTICLE MITI - GENERAL PROVISIONS Section 1. Enforcement. The Association, the State of North Carolina or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, condition, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration either to restrain violation or recover damages. Failure by the Association, the State of North Carolina, or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Reasonable attorney's fees shall be recovered by the prevailing party for the enforcement of these covenants. Section 2_ Saverebility. Invalidation of any one of these covenants or restrictions by judgement or court order shall In no wise effect any other provisions which shall remain in full force and effect. Section 1,Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive N Sent By: GAVLOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; Apr-18-00 5:21PM; Page 9111 saux 1377PKE 195 ae q e 1., r93t n 1 �• I �) " t � uwr--1 1 1- -- as---- r 1 L+) �JJ I �MIht Imp 1�1118 8aaaaaa u b to ' f�°°^ Dun, l Sent By: GAVLOR EDWARDS VATCHER LAW FIRM; (910) 455.0117; Apr-18-00 5:22PM; Page 10111 -BOOK 1377na 196 periods or ten (So) years. This Declaration may be amended by an instrument signed by not less than Seventy -Five percent (7B%) or the Land Owners. Any amendment must be recorded. Sactlon a. Annexation. Additional property and Common Area may be annexed to the Proportion without the consent of the members by the Declarant who hereby reserves said rights, provided any area annexed shall contribute pro -rate to Common Area maintenance. Section S. Underground Uility Sarvica or Straet L•fahtlna. The owner reserves the right to subject the real property in this subdivision to a contract with Jones-Onalow Electric Membership Corporation or any other utility company for the installation or underground electric cables and/or the installation of street lighting, either or both of which may require an additional payment and/or a continuing monthly payment to a utility company by the owner of such building. IN WITNESS WHEREOF, the Declarants have duly executed this Declaration, this the day and year first above written. THE RICHARD L. RAY IRREVVOCABLE TRUST DATED JANUARY38,11994 ^n(( TRUSTEE - DEBRA R. RXY O(�C'16--U N�,SSL,O,W(� INVESTORS, L.L.C. fi BY: `• ' Q- , 1KR+�.� DEBRA R. RAY, MANAGER STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, T'P='^�^+� a Notary Public in and for the said County and ate do hereby certify that Debra R. Ray .personally appeared before me this day and acknowledged that she is the Trustee or THE RICHARD L. RAY IRREVOCABLE TRUST DATED JANUARY 25, 1994 and that she has duly executed the foregoing instrument on behalf of said trust for the purposes set forth therein. witness my hand and notarial seal, this the 7.day of May, 1997. wry P blic ; ``p'i.i ".u%� Ny ommiseion expires: +•• �:� S., L� )NO K'COU� Sent By: GAVLOR EDWARDS VATCHER LAW FIRM; (910) 455-0117; Apr-18.00 5:22PM; Page 11/11 BOOK 1377PAEE 197 STATE OF NORTH CAROLINA COUNTY OF ONSLOW end Stara eto eoe d corSiL that Notary Public Ray end for Bald County y y personally appeared haters me, this day and acknoalodged that she is the Manager of OneloW Investors, L.L.C., a North Carolina limited liability company and that she has duly executed the foregoing instrument on behalf of said limited liability company With authority duly given. Witness my hand and notarial seal, this the :A day of May, 1997. NqaRY PUBLIC 4 commission oxDlree] 1 'aOu 1 ROOTS GAMMMA. omlar OMM 7`r1.. d*wt& W.i J. Darov Rdnarde. Jr. �W� W 1pthW4 wow �r�y , lames t,lrgwnl b,.w.W IwJUI18 r.r41 4 4 6L MSw D, qrI JOHN L. PIURCR • SURVEYING Land Surveying - Land Planning - Mapping Office: 910- 346-9800 . P. O. Box 1685 409 Johnson Blvd. Jacksonville, N.C. 28541 10 Ms. Linda Lewis N.C. Department of Environment, Health and Natural Resources --t29—ea retina-r-sri-ve—Ex t Wilmington, NC 28405-3845 GENTLEMEN: WE ARE SENDING YOU ❑ Attached ❑ Drawings ❑ Prints ❑ Copy of letter ❑ Change order letter of transmittal DATE -1 6 JOB NO, ArrENINONnoN Ms. Linda Lewis RE Northwest Business Park ❑ Under separate cover via the following items: ❑ Plans ❑ Samples ❑ Specifications COPIES DATE NUMBER DESCRIPTION 3 Sets of revised plans 1 Revised "Stormwater Management Permit Application" 1 Copy of previously submitted "Curb & Gutter Maintenance Requir 1 Revised "Pond Maintenance Requirements" 1 Copy of previously submitted Stormwater calculations 1 Copy of your letter dated 5/29/97 1 Letter from Frederick E. Cone, Engineer 1 Y Y 'rlil?SE ARE TIZANSMIT'rED as checked below: ❑ For approval n V-_..,..._..__ REMARKS (1 r1r1 J UN 0 9 1997 rl ❑ d i As requested Approved as submitted Approved as noted Returned for corrections Resubmit copies for approval Submit copies for distribution Return corrected prints For review and comment I -or bids due 19 Prints returned after loan to us aan 6D�Mo5/7 Frederick E. Cone, P.E. 1116 Greenway Road Jacksonville, N.C. 28546 June 2, 1997 Ms. Linda Lewis Environmental Engineer D.E.M., Water Quality Section 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 D E C E I V E JUN 0 91997 PROJ Subject: Stormwater Project NO.SW970517 Northwest Business Park Onslow County Dear Ms. Lewis: In response to your May 29 letter, the following information is provided (responses follow the order of your letter): 1. A revised Attachment "A" including the restriction for 85% BUA per lot is provided. 2. The O & M document has been revised. Pond depth is shown as a whole number. 3. Forebay calculations are shown on plans. 4. Plans were previously noted that no wetlands exist on site. 5. The pond is shown located in a recorded access/drainage easement. 6. Pond A has been redesigned to eliminate the 30' vegetative filter. Pond depth was increased (surface area remains the same ) to meet the 90% TSS requirement. 7. Drainage areas are highlighted for each pond. No off -site drainage will enter the ponds. Swales and other means are used to divert off -site drainage away from the ponds. ,. )i •I ',f � Jri:)flip ':l• ,J'.. i„ 'r(• .itC .t. it ._ I '. + i+ )� i_ 1 l � i' �+� t li�)11. J.:i:1.. ' . L_ +.. r ..'•i•.1 + 1 8. A deed restriction has been added to Attachment A requiring drainage from impervious areas of all lots to be directed to the storinwater detention ponds. 9. Plans have been modified to provide a swale at the intersection of North Plain Road and Northwest Drive. 10. Ponds on sheet 1 have been labeled as A & B. 11. Sheet 6 of 10 is attached. 12. Roadway and other details are attached. 13. A revised application form is attached (with the BUA and total site area correctly shown). 14. You are correct that the 6:1 sideslope due to the vegetative shelf will result in a slightly larger volume. However, due to the "window" provided by the 2 to 5 day discharge time, the increased volume does not affect the size of orifice for either pond. The orifice size has been checked and provides for discharge between 2 and 5 days as required. We trust the above information answers your concerns. If there are further questions, please contact me at the above address. Sincerely, Frederick E. Cone jJr.,":fli,r. .i ,.� " ,'�: jr .[. :T.,h i:J ' .,'r.. ,�C;' 1 -�•f:f. Ql(,J'.I "f 'I 1.1� J �l' � ''Jr. r!1' ... -.: if;' .•/.'," , .1. ,:(. r.% Z)',: fOr !� f); _, f'. _;r", frl.'�"�I•: .1'. ;f7' 'fr -!fl' -r ^;, nT,!' ..r -N';�� :._ `� .' •' art '7 J'J;1%::`� f), ,-':1 ',? rt 'r;U(',,, iJ.r �'. 7,J''. J't11� ai i+'i f"'J - I 1.J.. f (V7"� '�f 1 ''W •(1. 'i r'e (� J �. . -11.. iJl�: '(r� it%'IJ't' ,'f `ilf, T'. , �f ••I .1, � . I)f. r (..�J'.I .I, .I rr ;r• 3 REVISED JUNE 2, 1997 STORMWATER DETENTION POND CALCULATIONS NORTHWEST BUSINESS PARK WESTERN BLVD. JACKSONVILLE, NC DESCRIPTION: PROPOSED CONSTRUCTION INCLUDES DEVELOPMENT OF A 25.13 ACRE COMMERCIAL SITE FOR A BUSINESS PARK. CONSTRUCTION WILL INCLUDE BUILDINGS, PAVING, SIDEWALKS, AND LANDSCAPING IN SUPPORT OF THE SHOPPING CENTER. STORMWATER CONTROL WILL BE PROVIDED THROUGH USE OF TWO NEW WET DETENTION PONDS. POND A IS DESIGNED FOR 90% TSS REMOVAL. POND B IS ALSO DESIGNED FOR 90% TSS REMOVAL. LOTS IN THE PARK WILL BE LIMITED TO 85% [WERVIOUS AREA. DRAINAGE BREAKLINES ARE PROVIDED ON THE PLANS FOR YOUR REFERENCE. TYPE POND A POND B IMPER AREA 212,278 601,019 POND AREA 9,400 27,200 3:1 S.S. 6,720 12,540 GRASS (CONT.) 48,497 142,795 GRASS (NOT CONT) 20,000 14,214 ERTOTAL 296,895 797,768 ��®��� i D E C E I V E D JUN 0 91997 PROJ N f" W4�05I ' 1. r 1 � '� . < ' '��- i �1ISi Y1i1,�1ii/1/Itl!!J .I.. J�w a�as� i� 1 a�n = ' �°.J,i° ` t,.� 1 J �� � 1, "' � . IMPERVIOUS AREA LOT 9: 1.04 AC X 43,560 SF X .85 = 38,507 SF LOT 10: 2.04 AC X 43,560 SF X .85 = 75,533 SF LOT 11: 0.94 AC X 43,560 SF X .85 = 34,804 SF LOT 12 0.95 AC X 43,560 SF X. 85 = 35,175 SF PAVING = 21,989 SF SIDEWALKS = 6,270 SF TOTAL 212,278 SF DRAINAGE AREA = 212,278 SF PERMANENT POND DEPTH = 7.0' % IMPERVIOUS = 100% SA/DA = 4.3% SA = (212,278) (.043) = 9,127 SF SAY 9400 SF («►7�YC__117MI1e1M klEel 0 Ittlidel I a a c • u 1► .::.I. DRAINAGE AREA = 212,278 SF '( " I IJ GRASSED AREA (CONT.) = 48,497 SF (C = 0.2) POND SIDE SLOPES = 6,720 SF (C = 0.2) RUNOFF COEFF. _ 212,278 (1.0) + (55,217)(0.2) .835 267,495 VOLUME = 267,495 X .835 X 1/12 = 18,613 CF SA = 9,400 SF SIDE SLOPES = 3:1 LENGTH OF SHORE = 610 FT VOLUME = 18,613 CF V = 1/2 (3X) (X) (610) + 9,400X = 18,613 X = DEPTH OF STORAGE = 1.7 FT SURFACE AREA @ PERMANENT POND ELEVATION (44.0') = 9,400 SF SURFACE AREA @ 1" DESIGN ELEVATION (457) = 13,440 SF ,� i � )` Ili �•�-1:1.�.c1:..(c'C...`�! IMPERVIOUS AREA = 212,278 SF VOLUME = 18,613 SF 2 DAYS = 172,000 SEC 5 DAYS = 432,000 SEC 18,613 Q2 =------------- = 108 CFS 172,000 18,613 Q5 =------------ = 043 CFS 432,000 1/2 .108 1 /2 .0263 (1.75/2) I/2 i .043 D5 L ---------------------- 1 /2 1.32 IN .0263 (1.75/2) USE 1.75" ORIFICE ., 6. 0 e POND B BREAKDOWN OF IMPERVIOUS AREA CONTRIBUTING TO NEW POND: IMPERVIOUS AREA LOTS 1,2,3,4,5,6,7,8,13,14: 13.8 AC X 43,560 SF X .85 = 510,959 SF ROADWAY PAVING = 71,100 SF SIDEWALKS = 18,960 SF TOTAL 601,019 SF 2. DETERMINE POND SURFACE REA FOR 90% TSS REMOVAL - DRAINAGE AREA = 601,019 SF PERMANENT POND DEPTH = 6.9' % IMPERVIOUS = 100% SA/DA = 4.5% SA = (601,019) (.045) = 27,046 SF SAY 27,200 SF 3. DETERMINE VOLUME OF RUNOFF FROM A 1.0 INCH RAINFALL DRAINAGE AREA = 601,019 SF GRASSED AREA (CONT.) = 142,795 SF (C = 0.2) POND SIDE SLOPES = 12,540 SF (C = 0.2) 601,019 (1.0) + (155,335)(0.2) RUNOFF COEFF. _ --------------------------------- 756,354 f VOLUME = 756,354 X .836 X 1/12 = 52,692 CF SA = 27,200 SF SIDE SLOPES = 3:1 LENGTH OF SHORE = 760 FT VOLUME = 52,692 CF V = 1/2 (3X) (X) (760) + 27,200X = 50,423 X = DEPTH OF STORAGE = 1.8 FT SURFACE AREA @ PERMANENT POND ELEVATION (42.2') = 27,200 SF SURFACE AREA @ I" DESIGN ELEVATION (44.0') = 33,124 SF IMPERVIOUS AREA = 601,019 SF VOLUME = 52,692 CF 2 DAYS = 172,000 SEC 5 DAYS = 432,000 SEC 52,692 Q2 =----------- = 306 CFS 172,000 .r i rt . v r .� r ' � � ' r .. r 1 r . . r 1 1 ( r � �I' ` I '✓ it � r. � � 1 52,692 Q5 =----------- = 122 CFS 432,000 1 /2 .306 D2 =---------- _ 1 /2 .0263 (1.75/2) 1 /2 .122 D5= L-----------------------1/ _ 1/2 .0263 (1.75/2) USE 3" ORIFICE 3.53 IN 2.23 IN State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes Governor Water Quality Section Secretary May 29, 1997 Mr. Fred Cone, P.E. 1116 Greenway Road Jacksonville, NC 28540 Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 970517 Northwest Business Park Onslow County Dear Mr. Cone: The Wilmington Regional Office received a Stormwater Management Permit Application for Northwest Business Park on May 9, 1997. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: ✓ I. Attachment A must include the restriction for 85% BUA per lot. Please see comment #8 on page 2. ✓2. In the O & M document, the design depth for the ponds has been marked N/A. Please add the design depths to this document. Please use whole numbers or halves for pond depth, ie., 3, 3.5, 4, 4.5, etc. Do not use 6.1 or 4.8 for example. Revise Pond B's bottom elevation to 35.2 or drop the permanent pool elevation to 42.2. 3. Provide calculations indicating that the volume in the forebay is equivalent to 20% of the volume of the first inch. ✓4. Delineate all wetlands on site, or note on the plans that none exist. �5. Locate the pond in a recorded access/drainage easement. 6. 1 am concerned about the vegetated filter design for Pond A. The flow depth in the ditch needs to be less than 6" in order for the runoff to flow over 30 feet of grassed area. The vegetated filter is not simply a connecting ditch to the receiving waters. It is supposed to be the final polisher for removing that last 5% of the sus nd cur ntl designed, the filter is not acceptable. Please redesign or add surface area meet 90% TSS requirements. 7. Please highlight the entire drainage area to each pond, including off -site areas (such as the HDX site) and existing areas, (such as the Onslow Investment site). 1n (�5ts 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone 910-395-3900 a Fax 910-350-2004 66 J1^� n An Equal Opportunity ARirrnetive Action Employer Mr. Cone May 29, 1997 Stormwater Project No. SW8 970517 1 How do you propose to guarantee that runoff from the fronts of Lots 1-5 is directed into Pond B? I am concerned that the new lot owners will simply utilize the available ditch in the right-of-way of Western Boulevard and bypass the ponds. Attachment A is necessary to assure that lot owners are made aware of the requirements to direct all runoff into the pond and that the BUA is limited to 85%. ✓ 9. Provide a swale in the road at the intersection of North Plain Road and Northwest Drive. ✓ 10. Label the ponds on sheet I as A & B. I// 11. Provide a copy of sheet 6 of 10-the continuation of the profile of the road. ✓ 12. Provide a road detail, including pavement, right-of-way, and sidewalk widths, crown, curb and gutter, etc. ✓13. The proposed BUA and total site area are switched around on the application form. ✓ 14. The orifice size is based on the volume actually provided in the pond. Due to the vegetated shelf, the volume provided in the pond is actually larger than you have calculated. Please recheck the orifice size. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to June 29, 1997, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Ms. Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\970517.MAY cc: Linda Lewis Central Files 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer JOI-IN L. PIERCE - SURVEYING Land Surveying - Land Planning - Mapping Office: 910-346 9800 . P. 0. Box 1685 409 Johnson Blvd. Jacksonville, N.C. 28541 '10 Ms. Linda Lewis N.C. Department of Environment, Health and Natural Resources 127—C&rdi ne 1—Drive Extensien Wilmington, NC 28405-3845 GENTLEMEN: WE ARE SENDING YOU ❑ Attached ❑ Drawings Cl Prints ❑ Copy of letter ❑ Change order RECEfVEED MAY 0 9 1997 . BY:_5wFq709tt�e1 of transmittal DA rE 1997 Ma 6 JOB NO, ATTENTION s. Linda Lewis RE Northwest Business Park ❑ Under separate cover via the following items: ❑ Plans ❑ Samples ❑ Specifications COPIES DATE NUMBER DESCRIPTION 3 Sets of plans 1 I Stormwater Calculations 1 1 "Stormwater Management Permit Application" 1 "Pond Maintenance Requirements" 1 "Curb and Gutter Maintenance Requirements" 1 Check in the amount of three hundred eighty five dollars ($38! THESE ARE'rRANSMI'TTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment Cl For bids due 19 0 Prints returned after loan to us REMARKS_ Should you need any additional information to grant approval, please let us