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Home My WebLink AboutSW8930217_Current Permit_19930402State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary April 2, 1993 DIVISION OF ENVIRONMENTAL MANAGEMENT Mr. Mason H. Anderson Ocean Side Corporation Post Office Box 4640 Calabash, North Carolina 28459 Subject: Certification of Compliance with Stormwater Regulations Stormwater Project No. 930217 Ocean Side Place Brunswick County Dear Mr. non; Bob Jamieson Regional Manager The Wilmington Regional Office received the Stormwater Submittal for Ocean Side Place on February 22, 1993, with final information on March 26, 1993. Based on our review of the project plans and specifications, including deed restrictions which limit the built -upon area to 2,450 square feet for each lot numbered 1 - 235, we have determined that the project complies with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(a)-(3). Any modification of the plans submitted to this Office or further development of this site will require an additional Stormwater Submittal./Modification and approval prior to initiation of construction. Modifications include but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces, addition of built -upon surfaces, redesign or further subdivision of the project area. This Certification shall be effective from the date of issuance until rescinded. The project shall be constructed and maintained in accordance with the plans and specifications approved by the Wilmington Regional Office. This Certification does not supersede any other permit or approval. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project. This could include the Division of Coastal Management under CAMA requirements, the Division of Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and !Fill Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit, NPDES stormwater permit if disturbing five acres or more, local County or Town Agency permits under their local ordinances, or others that may be required. -continued- 177 Cardinal Drive Extension, Wilmington, N.C. 2w-3845 • Telephone 919.395-3900 0 Fax 919-3542004 An Equal Opportmity Affirmative Action Employer Mr. Anderson April 2, 1993 Stormwater Project No. 930217 Deed restrictions must be recorded with the Office of the Register of Deeds. A copy of the recorded deed restrictions, including deed book number and page, must be forwarded to this Office within 30 days of the date of the recording. Failure to record and/or submit the deed restrictions to this Office is considered a violation of this Certification. If you have any questions concerning this matter, please contact Greg Stutts or me at (919) 395-3900. Sincerely, Dave Adkins Water Quality Supervisor DA/ges: 930217. APR cc: Mr. Joseph S. Bill, Jr., P.E., Joseph S. Hill, Jr. and Associates Mr. Robert Tucker, Brunswick County Inspections Bradley Bennett Greg Stuffs Wilmington Regional Office Central Files BARRY J. SMALL GENERAL MANAGER OCEAN SIDE CORPORATION REAL ESTATE DEVELOPERS HWY. 179 IN CALABASH P.O. BOX 4640 CALABASH, NORTH CAROLINA 28470 LOCAL TELEPHONE (919) 579-3737 N.C. 1-800-422-8092 OUTSIDE N.C. 1-800-443-4819 OCEAN SIDE PLACE STORMWATER MANAGEMENT SYSTEM OPERATION AND MAINTENANCE PROCEDURES MASON H.ANDERSON PRESIDENT W.J. MCLAMB, JR. SECRETARY -TREASURER The Stormwater Management System, to include but not limited to all swales, berms, collection devices, inlet and outlet structures shall be owned and operated by the Ocean Side Place Homeowner's Association. Operation and Maintenance shall include - 1. Establish and maintain vegetation by seeding, fertilizing, and mulching to achieve vigorous growth. 2. Mow all grassed areas, including vegetative filters, swales, basin banks, etc., monthly or as needed according to growing season. 3. Inspect all catch basins, ditches, swales, pipes, or other stormwater diversion and conveyance structures monthly for accumulation of debris or sediment. Remove obstructions as necessary. 4. Inspect vegetated swales, inlets and outlets of diversion for sloughing, erosion, or washout of cover vegetation monthly and following precipitation events. Immediately repair and revegetate damaged areas. 5. Inspect stone rip rap or other energy dissipation devices monthly and following precipitation events. Reposition dislodged stone or add new stone as necessary. Repair structures as necessarv.. it Owner: Ma n . Anderson 0 ea Side Corporation . Box 4640 alabash, NC 28459 �/ This � 11h day of !U'1,c.t[�_ , 1993 NOTARY P� BhIC NC ADDRESS My Commission Expires® Z343 5 � E C k D w L Mare VP bu ROBE W-2 1993 D E M ,oi # G30Z11 DIVISION OF ENVIRONMENTAL MANAGEMENT Submittal Form for Projects Using Density Limits for Stormwater Control PROJECT DATA Name of Project: Ocean Side Place Location (County, Township/Municipality, Address): S.R. 1300 Brunswick County Applicant Name: Ocean Side Corporation Mailing Address: P.O. Box 4640 Phone No: (919)579-2141 Submittal Date: February 5. 1993 Brief Description (include map and appropriate drawings): Single family lot sijhdivisinn using low density nptinn stormwater managgment design Water Body Receiving Stormwater Runoff: Name of Water Body: Cawcaw Swamp Classification of Water Body: C SW Total Area of Proposed Project (acres): 64.09 State/Federal Permits and Approvals Required: (Check Appropriate Blanks) LAMA Major Sedimentation and Erosion Control x 404 Permit DEM/DHS Sewage- Disposal X Other (specify): CALCULATION OF BUILT=UPON AREA (Built -upon area means that portion of an individual development that is covered by impervious or partially pervious cover including buil ings�� pavement, recreation facilities, etc. but not including decking a) Built -upon area: 19.04 U k b) Total project area: 64.09 U MAQ 2(o U Y. built -upon = built -upon area /total project area * 100 PIWEXI� 1993 x built -upon area = 29.71 x D FE fYl If the water body receiving Stormwater runoff is classified as'31A his the g3o�l'1 % built -upon area < 25% ? Yes No If the water hady receiving stormwater runoff is classified other than SA, is the % built -upon area < 30 % ?. Yes X_ No STORMWATER COLLECTION SYSTEM Is the only kind of itormwater collection system grass swales? Yes No X (Grassed -lined swales should have a side slope of 3:1 (H:V) or less.) If no, please provide a detailed description. Streets have curb and gutter, flumes will direct flow from gutters to roadside swales 3:1 side slopes), then to exit swales (5:1 side slopes) having a 100' minimum length pr.ior to discharge. BUFFER AREA Is the built -upon area at least 30 feet from mean high water of all surface waters? Yes X No If no, please provide a detailed description. (Note: Only boat ramps, public roads, public bridges and walkways to water related facilities are allowed within 30 feet of mean high water if the project is intended to meet stormwater control requirements through density limits.) DEED RESTRICTIONS AND PROTECTIVE COVENANTS Do the deed restrictions and protective covenants ensure that subdivisions maintain the development consistent with the plans and specifications approved by the division and include the State as a beneficiary of the restrictions? Yes X No (Include a copy of the restrictions and covenants with this form.) CERTIFICATION I, Mason H. Anderson . certify that the information included on this submittal form is correct, that the project will be constructed in conformance with this information and that to the best of my knowledge, the the best of my knowledge, the proposed project complies with the requirement of 15 NCAC 2H.1003 (b). ld2ress - Owner or Agent Date t, Ocean Side Corporation C. 28459 If agent, please list owner's name and address below. DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF Regional Office Date Individual Evaluating Forms / Plans Date Regional Water Quality Supervisor 924 6 72 -!i HO FOR R AT ION 93APR -8 A.[-m:l4i R 1151 El j, ill a: . I s u! MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OCEAN SIDE PLACE Prepared by Mason H. Anderson Anderson & McLamb Attorneys at Law Shallotte, NC 28459 STOR'WATER 9 L 6 Lt 9 v L lb APR 2 6 1993 DENT -Ir Al-amz Ia. WE c FA cc 924 r,72 INDEX FOR MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OCEAN SIDE PLACE Definitions ................................. .1 Plan of Development The Development Plan...............................3 ....... The Water and Sewer Systems ................ .4 . Notice......... .4 . . ......... Property Subject to this Master Development Plan Applicability.....• .. ....4 Mutuality of Benefit and Obligation ......................5 Property Rights in the Common Areas Occupants and Easements of Enjoyment in the Common Areas. • ........................5 Title to the Common Areas ..........................5 Limitation of Occupants' Easements.................5 Easement for Governmental, Health, Water, Sanitation and Emergency Services.............6 Easement for Declarant... ,6 Changes in Boundaries; Additions to Designated•••• Common Areas. ...•.•.6 Easements for Utilities ........................••6 Maintenance of Easement ............................ 6 Environmental Easements ...................... .7 Encroachments. ... •, „ , „ „ •..........7 Membership, Voting Rights and Turnover Membership.........................................7 Voting Rights......................................7 Turnover ................................. .8 Covenant for Assessments Creation of the Lien and Personal Obligation of Assessment ................................•.•.8 Purpose of Assessments. ..............•9 Date of Commencement of "Annual Assessments"; Due Date; Assessment Period........... ,9 Basis and Amount of the Annual Asses sments........ 10 Special Assessments... ... .10 Change in Basis of Maximum Amount of the Annual Assessment.. ....11 Duties of the Board of Directors..................11 Effect of Non -Payment of Assessment; The Personal Obligation of the Owner; The Lien; Remedies of the Association; Late Fees; Resale Certificate. ... .11 Subordination of the Lien to Mortgages ............ 12 Maintenance Owner's Responsibilities. ..•..12 Association Responsibilities ......................12 Insurance and Casualty Losses Property and Casualty Insurance...................13 Premiums.......... .13 Damage or Destruction to Common Areas.............13 924 674 Condemnation Condemnation of Common Areas......................13 Administration of the Common Areas Management........................................13 •. Duties and Powers .............................. .14 Agreements........ •.••...14 Restraint on Transfer .......................14 Rules and Regulations .............................14 Architectural and Landscaing Standards..................14 General Prohibitions Temporary Structures .............................14 Completion of Structures ...................... ..15 Pets............................................15 Storage Recepticals......... .15 Maintenance of Unoccupied Lots....................15 Offensive and Illegal Activities..................15 Repair or Removal of Buildings....................15 Outside Burning...................................16 Division of Lots ..... ............................16 Motor Vehicles and Noise Leve1....................16 Additional Rules..................................16 Signs.............................................16 Antennas.. .....................16 Sales andConstruction Activities.................17 Stormwater Management Covenant....................17 Enforcement Use..... .......................................17 Rules and Regulations ....................... ..17 Invalidation......................................17 Priority of Land Use Documents....................17 Duration .................................... .....18 Amendment......................................18 Enforcement - General ..........................18 Interpretations...................................18 Serveability......................................18 No Trespass......................................19 Notices. • ...........................19 Working Capital Contribution ....................... .19 Construction............................................19 Q24 r, , 69l on any Dwelling oC j�atec� !thin any portion of the Development, unless contained dn`ti ely wi Ain the interior of the building. The Declarant or the Association may, however, install equipment necessary for master antennas for security, cable television, mobile radio or other similar systems within the Development. Should cable television services not be available or adequate television reception not otherwise be available to an Owner in the Development then the Owner may make written application to the Property Owners Association for permission to install an outside television antenna. The Property Owners Association may, but need not, approve such application. Section 14. SALES AND CONSTRUCTION ACTIVITIES: The Declarant, its agents, employees, successors and assigns may maintain such facilities and carry on such activities as may be reasonably convenient or incidental to the completion, improvement and sale of Lots within the Development including without limitation the right to install and operate construction trailers, sales offices, signs and model Dwellings. The right to maintain such facilities and carry on such activities shall include the right to use Dwellings as models and to use any Dwelling as an office for the sale of Lots and related activities. Section 15 STORMWATER MANAGEMENT COVENANT: No more than 2,450 square feet of any lot and no more than 5,200 square feet of the clubhouse area shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. 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. No structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials, shall be placed within 30 feet of the mean high water line of surface waters. 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 STORMWATb ina . ARTICLE FOURTEEN I. LJv ) it U L 0 U L'' [—)Section ENFORCEMENT APPDgc a 1211 1. USE: No Lot subject to this Master ion shall be used except for residential purposes unless qDtJEq%wise allowed herein. ^nA CTWZl Section 2. RULES AND REGULATIONS: The Board of Directors is specifically granted the power to pass rules and regulations for the purpose of enforcing this Declaration. Section 3. INVALIDATION: Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect. Section 4. PRIORITY OF LAND USE DOCUMENTS: This Master Declaration shall take precedence over conflicting 17.