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 �
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- _ _----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
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-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�
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1pthW4 wow �r�y
, lames t,lrgwnl b,.w.W IwJUI18 r.r41 4 4 6L MSw
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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.
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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
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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
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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
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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