HomeMy WebLinkAboutSW8950519_HISTORICAL FILE_19980226 (2)STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 CI5051c-1
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
\C\c1 022U
YYYYMMDD
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. Richard Collins, Property Manager
NorthChase Homeowner's Association
c/o CEPCO
PO Box 5585
Wilmington, North Carolina 28403
Dear Mr. Collins:
7L
NCDENR
ENVIRONMENT AND NArURAL RESOURCES
February 26, 1998
Subject: Permit No. SW8 950519
Berkleigh Subdivision
High Density Stormwater Project
New Hanover County
The Wilmington Regional Office received the Stormwater Application for Berkleigh Subdivision on May 30, 1995, and
ownership change request on October 14, 1997, with final information on January 23, 1998. Staff review of the plans a.
specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Tii
ISA NCAC 2H.1000. We are forwarding the modification to Permit No. SW8 950519 dated February 26, 1998 to t
NorthChase Homeowners Association.
This permit shall be effective from the date of issuance until November 2, 2005 and shall be subject to the conditions ai
limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this perm
Failure to establish an adequate system for operation and maintenance of the stormwater management system will result
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request ;
ajudicatory hearing upon writtetrreques, within thirty (30) days following receipt of this permit. This request must be in tl
form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit slu
be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (91
395-3900.
Sincerely,
Rick Shiver, P.G.
Acting Regional Water Quality Supervisor
RSS/arl: S:\WQS\STORMWAWERMIT\950519.NOV
cc: John Klein, P.E.
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State Stormwater Management Systems
Permit No SW8950519
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DMSION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
plicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
NorthChase Homeowners Association
Berkleigh Subdivision
New Hanover County
FOR THE
Lstruction, operation and maintenance of two detention ponds in compliance with the provisions of 15A NCAC 2H .1000
reafter referred to as the "stormwater rules ") and the approved stormwater management plans and specifications and
er supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of
permit.
s permit shall be effective from the date of issuance until February 26, 2008 and shall be subject to the following
cified conditions and limitations:
)ESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the application and
other supporting data.
This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this
permit, the Project Data Sheet.
Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as
swales) shown on the approved plans as part of the stormwater management system without submitting a revision
to the permit and receiving approval from the Division.
Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in the supporting
calculations and per approved plans.
`A
State Stormwater Management Systems
Permit No. SW8 950519
6. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built -upon
area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee and
the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the
individual homeowner.
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.
In addition, the Director may determine that other revisions to the project should require a modification to the
permit.
8. 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.
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 surfaces except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately. O
The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency 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.
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.
Deed restrictions must be recorded prior to the sale of any lot, which limit the built -upon area per lot. The recorded
statements must follow the form:
a. "The allowable built -upon area per lot is 3,000 square feet, inclusive of that portion of the right-of-way
between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate,
but not including open wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence
of the State."
State Stormwater Management Systems
Permit No SW8 950519
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name: Berkleigh Subdivision
Permit Number: 950519
Location: New Hanover County
Applicant: NorthChase Homeowners Association
Mailing Address: c/o Richard Collins
CEPCO
PO Box 5585
Wilmington, North Carolina 28403
Application Date: May 30, 1995 Modified September 10, 1997
Water Body Receiving Stormwater Runoff: Prince George Creek
Classification of Water Body: '.0 Sw"
Pond Depth:
Permanent Pool Elevation, MSL:
Total Impervious Area, ft2:
lots/ @3,000 sf/lot:
Common Area, ft2:
Offsite Area entering Pond:
Required Surface Area, ft2:
Provided Surface Area, ft2:
Required Storage Volume, ft3:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL
Controlling Orifice:
North Pond
South Pond
3.2 feet
3 feet
31.7
31.5
165,786
187,133
39/117,000
42/126,000
1,000
1000
N/A
18,220
21,650
18,810
21,960
19,908
20,582
20,635
22,815
32.75
32.5
2.5" pipe
2.75" pipe
3
State Stormwater Management Systems
Permit No SW8 950519
Berkleigh Subdivision
Stormwater Project No. 950519
New Hanover 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 the approved plan:
SEAL
Signature
Registration Number
Date
State Stormwater Management Systems
Permit No. SW8 950519
"Alteration of the drainage as shown on the approved plan may not take place without the concurrence of
the State."
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. Mail the Certification to the Wilmington Regional Office, 127 Cardinal Drive
Extension, Wilmington, North Carolina, 28405, attention Water Quality Section.
A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five
years from the date of the completion of construction.
III. GENERAL CONDITIONS
1. 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 143-215.6(a) to 143-
215.6(c).
3. 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.
5. 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 February, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
ti
A. Preston Howard, Jr., P.E., Director
�C Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 950519
'W� State of North Carolina
Department of Environment,
Health and Natural Resources `� •
Division of Environmental Management 1
�v
James B. Hunt, Jr., Governor `ems
Jonathan B. Howes, Secretary p E" N 1=?L
A. Preston Howard, Jr., P.E., Director STOR NI tl A 0 ER
WATER QUALITY SECTION
PERMIT NAME/OWNERSIiIP CHANGE FORM
E C E I V E
1. CURRENT PERMIT INFORMATION:
OCT 141997 D
Permit Number: Is I W 18191 0 5 1 9
PROJ # D S6Sl
1. Permit holder's name: AMMONS NORTHCHASE CORPORATION
2. Permit's signing official's name and title: Andrew L. Ammons President
(Person legally responsible for permit)
President
(Title)
3. MailbPgaddress:4510-A NorthChase Pkw}NE City: Wi lmi ngtnn
State. NC Zip Code: 28405 Phone:( 910) 799-5723
IL NEW OWNER/NAME INFORMATION
1. This request for a name change is a result of:
x a. Change in owners p of property/company
_b. Name change only
_c. Other (please explain):
2. New owner's name (name to be put on permit): NorthChase Homeowners Association
NorthChase Homeowners Association
3. New owner's or signing official's name and title: BY: Q�t,�C'� J ft-rsm Mq& CFeCD
(Person legally responsible for perrrnl)
'Oy.0eE0.Tj /AXfr%AQ e'2Pcp
(Title)
4. Mailhig address: PO Box 5585 City: Wilmington
Stale: NC Zip Code: 9R403 Phone: (gin ) -i45-tsnn
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application
2. Processing fee of $100.00 (Checks to be made payable to DEHNR)
3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed,
articles of incorporation)
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION.
Current Permittee's Certification:
1, Andrew L . Ammons , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
Of this applic n are not completed and that if all required supporting information and attachments are not
included, this pation pai*age iurn as incomplete.
Signature /� Date
d 9-7
Applicant's Certification:
I,�1 WJW Loih,s , attest that this application for a name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed and that if all required supporting information and attachments are not
included, this application package will be returned as incomplete.
Signature: Date, ID 117,97
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of Environmental Management
Water Quality Section
Permits and Engineering Unit
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Telephone: (919) 733-5083
Fax: (919) 733-0719
DIVISION OF ENVIRONMENTAL MANAGEMENT
DENSITY_
PROJECT DA'
Project
Location (County, Township/Municipality, Address, State Road) New Hanover Z'oiui -------'--
Brinkman Drive, NorthChase
Owner's Name Ammons-NorthChase Corporation
MailingAddress 4510-A' Nor-thChase Parkway NE
Wilmington, NC 28405
Phone Number 799-5723 Submittal Date May 26, 1A95
Brief Description (include map and appropriate drawings) residential subdivision
Name of Water Body Receiving Stormwater Runoff Prince Geor—�e Creek
Classification of Water Body C—Sw If SA waters, engineered system, and distance is <0.5
miles, attach report of chloride sampling results mg/I
State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major
404 Permit
Other (Specify) NCDOT
CALCULATION OF BUILT UPON AREA
Sedimentation/Erosion Control X
DEM/DHS Sewage Disposal X
Built upon area means that portion of a development that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project
includes areas draining to different water classifications, please note them separately below.
Classifcatiop.
Built upon area
Total Project Area
% Built upon Area
Allowable B/U Area
Southern
Subwatershed
C-Sw
4.50
ib. 50-
27 14
1050,
Northern
Subwatershed
C-Sw
.11
Is the Project B/U Area S the Allowable B/U Area? Yes
% Built upon area = (built upon area / total project area) * 100
Pr,-
V�
/r,4%0
30!%
YQSub Vn i Ile,
(If no, an engineered system is required.)
Built upon area limits for projects to meet density: SA waters --- 25%, Other ---30%
STORMWATER COLLECTION SYSTEM
Describe how the runoff will be treated detention ponds
Office use only
STONEONATER
M AY 3 C 1995 U
D.EM
rRoJSGu89505l9
INZ :: t .
Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please
provide a description n/a
(Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed
within 30 feet of the mean high water line,.if the project is intended to meet stormwater control
requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to ' 000 square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be
changed or deleted without consent of the State. An additional 1000 SF for each
common area with the above restrictions shall be permitted..
CERTIFICATION
I, Andrew L. Ammons 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 proposed project complies with the requirements of 15 NCAC
2H.1003 (b). I authorize a below nam person or firm to submit stormwater plans on my behalf, and
agree to abide by the d r triction sta ment above. p
% A,0ttT-k
wn is Signature Date
Provide authorized person or firm name and address below:
Klein Engineering and Associates
322 South q-th Street
tiJilmington, NC 28401
(910) 763-7900
1, Emily B. Voigt (Mathews) , allotary Public for the State of North Carolina
County of New Hanover , do hereby certify that Andrew L. Ammons. Prpt personally
appeared before me this 2 5 t h day of April , 199 F) , and acknowledges the due execution
of the foregoing instr}tmept. Witness my hand and official seal,
"lvly eo ' Cssion expires 7-22-96
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
CO.�%`Regional Office
2 NoV 95
Date
l) iC
Date
Evaluating
Quality Supervisor
` cc:' - •Applicant/WiRO/Bradley Bennett/Central Files
Transfer of Ownership
1. GENERAL
ST®RMNATER
E C E I V E D
0
OCT 141997
BERKLEIGH SUBDIVISION - PHASE 9
Stormwater Project No.: SW8 950519 PROJN Efq SOS
STORM WATER MANAGEMENT OPERATION AND MAINTENANCE PLAN
Berkleigh Subdivision, Phase 4, is located within the NorthChase Development
located on North Carolina Highway 132 within New Hanover County. The project area
will contain improvements which will require perpetual maintenance and include a
storm water management system which relies on the treatment of surface runoff
through one of the following methods:
a. network of vegetative swales
b. detention pond facility
2. OPERATION OF STORM WATER MANAGEMENT SYSTEMS
a. VEGETATIVE SWALE
The vegetative swales are intended to provide some measure of sediment and nutrient
filtration within the vegetation as well as promoting infiltration of runoff into
the subsurface groundwater.
The use of these swales allow the use of curbing for roadway areas and is a
permitted method for stormwater treatment in compliance with the State of North
Carolina Administrative code Section 15 NCAC 2H.1000, Stormwater Runoff Disposal.
b. DETENTION POND
The detention pond is intended to provide some measure of sediment and nutrient
filtration within the vegetation along the pond perimeter as well as promoting
infiltration of runoff into the subsurface groundwater.
The use of a pond allows a more intensive built -upon area to be developed and is
a permitted method for stormwater treatment in compliance with the State of North
Carolina Administrative code Section 15 NCAC 2H.1000, Stormwater Runoff Disposal.
3. MAINTENANCE RESPONSIBILITIES
Routine maintenance as detailed below is required for both the vegetative swales
and detention ponds. To provide for this, the NORTHCHASE HOMEOWNER'S ASSOCIATION
shall be responsible for all required maintenance. In lieu of performing the
direct maintenance, the ASSOCIATION has contracted this service to an independent
maintenance entity; however, all responsibilities for enforcing these restrictive
covenants shall reside with the ASSOCIATION.
Stormwater Project No.: SW8 950519
Page Two
Operation and Maintenance Plan
Berkleigh Subdivision, Phase 9
Dues will be established at a level sufficient to fund the required maintenance
personnel.
9. STORM WATER MANAGEMENT SYSTEM MAINTENANCE
a. VEGETATIVE SWALES
As a minimum, the following maintenance procedures shall be followed:
(1) Grass shall be mowed at a sufficient interval so that the maximum grass height
shall not exceed six (6) inches.
(2) Vegetative swales shall be inspected for erosion or blockage after every
runoff producing event but not less than monthly.
(3) Areas exhibiting erosion or loss of vegetation shall be stabilized and
reseeded as necessary to restore proper operation.
b. DETENTION POND
Prior to construction of any impervious surfaces, the wetted perimeter shall be
planted with water resilient vegetation appropriate to soil and site
characteristics; the remaining pond slopes shall also be vegetated and planted
with vegetation appropriate to soil and site characteristics. All slopes shall be
maintained to ensure growth of such vegetations.
As a minimum, the following maintenance procedures shall be followed:
(1) Upon Completion of Construction:
(a) Any sediment deposited in detention pond shall be removed to obtain design
depth, slopes and specifications.
(b) All drainage features shall be inspected and cleaned of sand, silt or foreign
materials. These features include, but not limited to, the pond outlet structure
trash screen, outlet orifice and site drop inlet and catch basin grates.
(c) Any component which is determined to be not performing satisfactory in its
intended usage shall be repaired or replaced to original design specifications.
(2) After Each Runoff Producing Rain:
(a) Any sloughing, erosion or vegetative wash -out of the pond slopes shall be
repaired immediately.
Stormwater Project No.: SWB 950519
Page Three
Operation and Maintenance Plan
Berkleigh Subdivision, Phase 9
(b) All drainage features shall be inspected and cleaned of trash or foreign
materials. These features include the pond side slopes, pond outlet structure
trash screen, outlet orifice and site drop inlet and catch basin grates.
(c) Any component which is determined to be not performing satisfactory in its
intended usage shall be repaired or replaced to original design specifications.
(3) Semi -Annually:
(a) The detention pond shall be checked for siltation and filling. Should the
bottom elevation exceed the design bottom elevation, the pond shall be excavated
one (1) foot below the design elevation to allow so/lids accumulation due to �8'�,�'/''
siltation and filling. 025i4n O�4 l d YKYA t9dia = 3,2 � SCSu-fh P011d, = S..0 (" Z_qz
Consolidated Estate and Property Conrol Corporation:
By: Richard Collins - Manager
P.O. Box 5585
Wilmington, NC 28403
(910) 395-1500
North Carolina
New Hanover County
I, F.m; lu 3 IUAW)eIu , a Notary Public for Countv of New Hanover and
/ ' i chatQ O0 �ii K5 State of North Carolina, do hereby certify that personally
appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal, this ( - day of 1997.
Notary Publi
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Stormwater Project No.: SW8 950519
\ ,0
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PAGE
,-
1983
0211
RECORDED AND VERIFIED
SUE DOTS
�T®RMWATER
REGISTER
ER OF DEEDSCOUNTY
STATE OF NORTH
CAROLIN
OF NEW
HANOVER
NEW HANOVERCO.NC
��nE C E I V ED '96FEB 1 PM 1 11
lU! D PROTECTIVE COVENANTS OF
'Inul OCT 141997 BERKLEIGH SUBDIVISION
SECTION 7
,0000 4
THIS DECLARATION, Made this 31st day of January , 1996, by
AMMONS LAND COMPANY', INC., a North Carolina corporation,
hereinafter called ''Declarant."
W I T N E S S E T H:
THAT WHEREAS, the Declarant is the owner of the real property
described in Article I of this Declaration and is desirous of
subjecting said real property to the Protective Covenants
hereinafter set forth, each and all of which is and are for the
benefit of such property and for each owner thereof, and shall
inure to the 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 thereof.
NOW, THEREFORE, the Declarant hereby declares that the real
property described in and referred to in Article I hereof is and
shall be held, transferred, sold, and conveyed subject to the
Protective Covenants set forth below:
ARTICLE I
The real property which is, and shall be held, transferred,
sold and conveyed subject to the Protective Covenants set forth in
the Articles of this Declaration is located in the County of New
Hanover, State of North Carolina, and is more particularly
described as follows:
Being all of the Lots in BERKLEIGH, Section 7,
as the same are shown on a subdivision map thereof
as recorded in Map Book 35 at Page 261
New Hanover County Registry.
The real property described in Article I hereof is subject to
the Protective Covenants and Restrictions hereby declared to insure
the best use and the most appropriate development and improvement
of each lot thereof; to protect the owners of lots against such
improper use of surrounding lots as will depreciate the value of
their property; to preserve, so far as practicable, the natural
beauty of said property; to guard against the erection thereon of
poorly designed or proportioned structures, and structures built of
improper or unsuitable materials; to obtain harmonious color
s emes; to insure the highest and best development of said
P _
�99-Id'7'�23
Prepared by POISSON, BARNHILL & SEAY
519 Markel SL, Wilmington, NC 28401
I
B00n PAGE
1983 0212
property; to encourage and secure the erection of attractive homes
thereon, with appropriate locations thereof on lots; to prevent
haphazard and inharmonious improvement on lots; to secure and
maintain proper setbacks from streets and adequate free spaces
between structures, and in general to provide adequately for a high
type and quality of improvements in said property, and thereby to
enhance the values of investments made by purchasers of lots
therein.
ARTICLE II
LAND USE AND BUILDING TYPE. No lot shall be used except for
single family residential purposes. No building or structure,
including TV Satellite Dish, shall be erected, altered, placed or
permitted to remain on any lot other than one detached, single
family dwelling not to exceed three (3) stories in height, a
private garage for not more than three (3) cars, and (with the
approval of the Architectural Committee) a non-metal accessory
building or structure for storage or other appropriate residential
uses, not in excess of 250 square feet in area, which shall be
located in the rear of dwelling at a location approved by the
Architectural Committee.
ARTICLE III
BUILDING LOCATION. No building (including an accessory
building or structure and a garage) shall be erected, placed, or
altered on any premises in said development until the building
plans, specifications, and plot showing the location of every such
building, have been approved in writing as to conformity and
harmony of external design with existing structures in the
development, and as to location of the building with respect to
topography and finished ground elevation by the Architectural
Committee, which shall be a committee composed of three persons
designated and appointed by the Board of Directors of Ammons
NorthChase Corporation, its successors or its assigns. In the
event the Committee fails to approve or disapprove such design or
location within thirty days after the plans and specifications have
bee submitted to it, or, in any event if no suit to enjoin the
erection of any such building or the making of such alterations has
been commenced prior to the completion thereof, such approval will
not be required and this covenant will be deemed to have been fully
complied with. Members of the Committee shall not be entitled to
any compensation for services performed pursuant to this covenant.
ARTICLE IV
DWELLING SIZE. Except with the prior written approval of the
Architectural Committee, no residential structure, which has an
area of less than 1100 square feet, exclusive of porches, breeze-
ways, steps and garages, shall be erected or placed or permitted to
remain on any lot.
BOOK PAGE
�983 0213
ARTICLE V
BUILDING SETBACK AND SEPARATION. Buildings located on the
periphery of the Planned Development District shall be set back a
minimum of twenty (20)feet from the Planned Development District
boundary. All buildings shall be set back at least ten (10) feet
from the rear lot lines and all pedestrian and bicycle paths, front
setbacks to be twenty-five (25) feet from all public and private
streets, and fifty (50) feet along US and NC numbered highways and
major thoroughfares. No building shall encroach upon the right-of-
way of a proposed thoroughfare as designated by the Wilmington Area
Thoroughfare Plan. No building shall be located nearer than five
(5) feet from any side line and in no case shall any part of a
building be located closer than ten (10) feet to any part of
another building. For the purpose of this covenant, eaves and
steps shall not be considered a part of a building, provided,
however, that this shall not be construed to permit any portion of
a building on a lot to encroach upon another lot. Ammons
NorthChase Corporation reserves the right to waive minor violations
of the setback and side line requirements set forth in this
Article. (Violations not in. excess of 10% of the minimum
requirements shall be deemed minor.) In the event the setback
distances on the recorded plat conflict with those recited herein,
the setbacks stated herein shall control.
ARTICLE VI
LOT AREA AND WIDTH. All lots as shown on the recorded map
hereinbefore referred to are hereby approved. Adjustments may be
made, however, in the line between any two lots so long as the area
of any lot is not reduced by more than ten percent (10%) and so
long as all other restrictions herein set forth are observed.
ARTICLE VII
EASEMENTS. Easements for installation and maintenance of
utilities and drainage facilities are reserved as shown on the
recorded plat and over the rear ten feet of each lot and five feet
on the front and each side line unless shown in excess of such
distances on the recorded plat, in which case the plat shall
control. 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 maintenance of utilities and
drainage facilities, or which may change the direction of flow of
drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each lot and all improvements in it shall be
maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is
responsible. The easements provided for herein may be moved to
conform to the relocation of lot lines provided such movement does
not interfere with the existing easement rights belonging to the
owners of the other lots, however, alteration of the drainage as
shown on the approved plan may not take place without the
concurrence of the State.
BOOK PACE
i 9 8 3 O 2 14 ARTICLE VIII
BUSINESS, MANUFACTURING, COMMERCIAL AND PROFESSIONAL USES
PROHIBITED; NUISANCES PROHIBITED. No part of the said property
shall be used for business, manufacturing, commercial or
professional purposes. No noxious or offensive trade or activity
shall be carried on upon any lot, nor shall anything be done
thereon which may be or become an annoyance or nuisance to the
neighborhood. No signs or billboards shall be erected or
maintained on the premises, except real estate subdivision signs or
other related types of signs. No business activity or trade of any
kind whatsoever, which shall include but not be limited to the use
of any residence as a doctor's office or professional office of any
kind, a fraternity house, a rooming house, a boarding house, an
antique shop or gift shop, shall be carried on upon any lot. No
trade materials or inventories may be stored or regularly parked on
the premises.
ARTICLE IX
TEMPORARY STRUCTURES. No trailer, tent, shack, barn or other
outbuilding, except a private garage for not more than three (3)
cars and an accessory building or structure as authorized by the
provisions of ARTICLE II, shall be erected or placed on any lot
covered by these covenants. Except with the prior consent of the
Architectural Committee, no detached garage shall at any time by
used for human habitation temporarily or permanently. Also, no
clotheslines, satellite dishes or any outside antennas (radio and
television) shall be permitted without express written consent of
the Architectural Committee.
ARTICLE X
FENCES. No fence, wall, hedge, or mass planting shall be
permitted except in rear of dwelling and shall not be permitted to
extend beyond the rear corner of dwellings, except upon approval by
the Architectural Committee. Any fence constructed within these
bounds must be approved by the Architectural Committee as to
location, style, design and materials.
ARTICLE XI
MAILBOXES. Prior to the erection of any mailbox on any lot in
the subdivision or in the street right-of-way adjacent to the lot,
the lot owner will present a plan and design for said mailbox and
a plot plan showing the location thereof to the Declarant, and the
Declarant shall have the right to approve both the design and
location of said mailbox; it being the intention of the Declarant
to require a uniform look of all mailboxes in BERKLEIGH
Subdivision. If after sixty (60) days have passed and Declarant
has not responded to the plan submitted by the lot owner, the lot
owner is entitled to assume that his plan and location has been
approved by the Declarant. If a mailbox is erected without
following this procedure, then the Declarant is entitled to remove
the mailbox and require lot owner to erect one of proper design.
Boor PAGE
.. 1983 0215
ARTICLE XII
ANIMALS. No animals or poultry of any kind, other than house
pets, shall be kept or maintained on any part of said property.
ARTICLE XIII
PARKING. Adequate off-street parking shall be provided by the
owner of each lot for the parking of automobiles owned by such
owner, and owners of lots shall not be permitted to park their
automobiles on the streets in the development. Owners of lots
shall not be permitted to park boats, trailers, campers and all
other similar property on the streets in the development, and such
property shall be parked in a garage or screened area. The
Homeowners Association may make parking available for recreational
vehicles and boats. No unlicensed vehicle or junk cars shall be
parked on any lot, in the streets or common areas.
ARTICLE XIV
UNDERGROUND UTILITIES AND STREET LIGHTING. Declarant reserves
the right to subject the real property described hereinabove to a
contract with Carolina Power & Light Company for the installation
of street lighting, either or both of which may require a
continuous monthly charge to the owner of each building lot.
ARTICLE XV
STORM WATER. The allowable built -upon area per lot is 3,000
square feet, inclusive of that portion of the right-of-way between
the lot line and the edge of pavement, structures, pavement,
walkways of brick, stone, or slate, but not including open wood
decking. The covenants pertaining to stormwater regulations may
not be changed or deleted without the concurrence of the State of
North Carolina. This covenant is intended to insure continued
compliance with storm water runoff rules adopted by the State of
North Carolina, and therefore benefits may be enforced by the State
of North Carolina. This covenant shall run with the land and shall
be binding on all parties and all persons claiming under them. In
addition, vegetative swales shall not be piped or filled.
Alteration of drainage as shown on the approved plan may not take
place without the concuurence of the State.
ARTICLE XVI
TERM. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a
period of twenty-five (25) years from the date on which this
Declaration and Agreement is filed for registration in the Registry
of New Hanover County, after which period said covenants shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of the
lots has been recorded agreeing to change said covenants in whole
or in part.
1903 0216
ARTICLE XVII
ENFORCEMENT. Enforcement shall be by proceedings at law or in
equity against any person or persons violating or attempting to
violate any covenant, either to restrain violation or to recover
damages, or both. Storm water covenants may. be enforced by the
State of North Carolina.
ARTICLE XVIII
SEVERABILITY. Invalidation of any one of these covenants or
any part thereof by judgment or court order shall in no wise affect
any of the other provisions which shall remain in full force and
effect, and the failure of any person or persons to take action tp
enforce the violation of any of these covenants and restrictions,
shall not prevent the enforcement of such covenant or covenants in
the future.
IN WITNESS WHEREOF, Ammons Land Company, Inc. has caused this
pn.P.;:. instrument to be executed in its corporate name by its proper
;i. ooll'"I%Prs and its corporate seal hereunto affixed, as of the day and
�,�,£Ofhrst above written.
O
4.
o SEAL
i
ecretary
NORTH CAROLINA,
NEW HANOVER COUNTY.
AMMONAS LAND COMPANY, INC.
By ,W 2
1ti
Vice President
I, the undersigned Notary Public, hereby certify that
Emily D. Mathews personally came before me this day and
acknowledged that she is Assistant Secretary of Ammons Land
Company, Inc., a North Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its Vice President, sealed
with its corporate seal and attested by herself as its Assistant
Secretary.
Witness my hand and notarial seal this 31st day of
January 1996. !
4/Notary Public
�pnutq��
��pOgysion expires: STATE OP NORTH CAROLINA
........... ����� New Hanover County
•
NOTA q,- T'Ire Foref,uiug/ Annexed Certificate(s) of
GRYSTA7 Rfln➢RS
Notary (Notaries) Public is/ are certified
�� �.•'• •' • • to be correct.
�'4,,D��ER C �•.� This the _I— day of 19 96.
Mary Sue Oots, Rcgi ter of cods
by
Ikp ty/Aristaall.
,)
a ^,. PAGSTORMWATER
E DECEIVE D
DOCI'.
0 7 3 8 uu OCT 141997
210`1 p
PROJ k� OSI
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
R�'CCRGED AND VERIFIED
NARY SUE OOTS
REGISTER OF DEEDS
NEW HANOVER CO. NC
'96 NOU 14 Pn 1 02
PROTECTIVE COVENANTS
OF BERKLEIGH SECTION 8
THIS DECLARATION, made this 24thday of October , 1996, by
AMMONS LAND COMPANY, INC., a North Carolina Corporation,
hereinafter called "Declarant".
W I T N E S S E T H:
0()jo 9 3 WHEREAS, Declarant, by instrument dated January 31, 1996, and
recorded in Book 1983 at Page 0211 of the New Hanover County
Registry, subjected certain lots in Berkleigh Subdivision, Section
7 to the protective covenants therein set forth; and
WHEREAS, Declarant is the owner of the hereinafter described
lots in Berkleigh Subdivision, Section 8 and desires to subject the
same to said protective covenants recorded in said Book 1983 at
Page 0211 of the New Hanover County Registry, each and all of which
shall be for the benefit of such property and for each and every
owner thereof, and shall inure to the 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
thereof.
NOW, THEREFORE, Declarant, hereby declares that the real
property described below is and shall be held, transferred, sold
and conveyed subject to the protective covenants set forth in said
RErtl, sy�p p
c4a-�
Prepared by POISSON, BARNHILL & SEAY
519 Market SL, Wilmington, NC 28401
3O0 PAGE
210'i 0739
Declaration recorded in Book 1983 at Page 0211 of the New Hanover
County Registry, said protective covenants, being incorporated
herein by reference. Located in New Hanover County:
BEING ALL of Lots 76 through 101 (inclusive) and all of
Lots 130 through 148 (inclusive) of BERKLEIGH, Section 8,
as the same are shown on a map thereof recorded in Map
Book 36 at Page 163 of the New Hanover County
Registry.
IN WITNESS WHEREOF, AMMONS LAND COMPANY, INC. has duly
exeCVQ'6,44his instrument as by law provided on the day, month and
+,e- C�
4dar first ;above written.
`= UF,POfiq/'o fa
C: p �_ Apo
i .:�l:�9.L
ATYL'
ASS ANT SECRETARY
(CORORATE SEAL)
AMMO,1AND COMPANY, INC.
BY: /f
VIC -PRESIDENT
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, the undersigned Notary Public, do hereby certify that
Emily B. Mathews personally came before me this day and
acknowledged that she is Assistant Secretary of AMMONS LAND
COMPANY, INC., a North Carolina Corporation, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its Vice -President, sealed
with its corporate seal and attested by herself as its Assistant
Secretary. Witness my hand and notarial seal this24th day of
October , 1996.
NOTARY PUBLIC
MY CONNAHi't4ON EXPIRES:
110, s(N• R//O
%�-
•.........
OPy
a• (Pc
f
NOTARY
7
PUBLIC z
,
•,,�",gV'108111161100
;
� ' r
O�ER Go:V •
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing Annexed Certificate(s) of
Notary otaries) Public Is/ a / certified
to be corrnet. ,
11ris the
Deputy/
of deeds
19_1
1dahi,
NO TIC, HCH?E
January 19, 1998
NC Dept of Environmental, Health
and Natural Resources
Division of Water Quality
127 North Cardinal Drive
Wilmington, NC 28405
Attn: Ms. Linda Lewis
fR1Er�pd�D
JAN 2 3 190
RE: Stormwater Permit #SW8 950519
Berkleigh Subdivision, Phave IV (Sections 7 and 8)
Dear Ms. Lewis:
As a follow-up to your letter of January 12, 1998, we
have enclosed the following documentation:
(1) Copy of Articles of Incorporation for NorthChase
Homeowners Association (cover sheet, first 2 pages and legal
description).
(2) Copy of Master Homeowners Association's covenants
for NorthChase Homeowners Association (first page, execution
page and legal description).
(3) Copy of specific applicability and annexation notice
for Berkleigh, Phase IV lots (our Sections 7 and 8).
(4) Copy of Deed of Transfer for Phase IV ponds, located
on common areas Tract 1 and Tract 2, to Homeowners Association.
We will await your feedback.
Thank you for your assistance thus far.
ALA/ebm
Sincerely,
'/// / AUV7
Andrew L. Ammons
AMMONS NORTHCHASE CORP.
4510-A NorthChase Parkway NE • Wilmington, NC 28405
(910) 799-5723 • FAX (910) 799-2111
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 12, 1998
Mr. Andrew L. Ammons
Ammons-NorthChase
4510-A NorthChase Parkway NE
Wilmington, NC 28405
L
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Stormwater Permit Transfer
Berkleigh Subdivision, Phase IV
Stormwater Project No. SW8 950519
New Hanover County
Dear Mr. Ammons:
The Wilmington Regional Office received documentation relative to your request to transfer
ownership and maintenance responsibility for the 2 permitted detention ponds in Berkleigh Subdivision Phase
IV (Sections 7 & 8) on October 14, 1997. An inspection of the facilities was performed on December 12,
1997. The construction of the South Pond was not able to be confirmed, as access to the pond from Phase
IV was unavailable due to construction traffic. The Engineer's Certification was received on August 2, 1996,
and a copy of the recorded deed restrictions was received on October 14, 1997.
The last piece of information needed is a copy of the legal documentation of the transfer of ownership
such as a contract, deed or articles of incorporation. This condition is number 3 on the required items list
at the top of the signature page of the name/ownership change form. In this case, I believe a copy of the
documentation creating the NorthChase HOA and subjecting each lot in the subdivision to membership in
the HOA will be sufficient.
Please return the requested information by February 12, 1998. If you have any questions, please do
not hesitate to call me at (910) 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\950519.JAN
cc: Linda Lewis
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
NOkTHCHE
October 10, 1997
NC Dept of Environment, Health
and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn: Ms. Linda Lewis
RE: Transfer of Ownership--#SW8950519
Berkleigh, Phase IV
Dear Ms. Lewis:
RECEIVED
OCT 14 1997
As a follow up to your letter of September 24, 1997, we
have enclosed the following:
(1) Deed Restrictions for Berkleigh, Phase IV (Sections
7 and 8)--See.'Article XV
(2) Executed O & M plan
(3) Revised Permit Name/Ownership Form
(4) Cover letter from Homeowners' Association Management
Company outlining the involvement of both CEPCO and the
Homeowners' Association Board of Directors and Pond
Committee. Since they are also responsible for long
term maintenance on (11) other ponds within NorthChase,
adding the (2) new ponds was anticipated and, in fact,
they have been maintaining the (2) referenced ponds for
almost 2 years.
Thank you for your assistance thus far.
ALA/ebm
Enclosures
Sincerely,
(ndrlw L. Ammons
President
AMMONS NORTHCHASE CORP.
4510-A NorthChase Parkway NE • Wilmington, NC 28405
(910) 799-5723 • FAX (910)799.2111
EJL CO
Consolidated Fstate & Pmperty Control Corp,
ST®RM 0 V1�I / C 4®`I�
ER
October 6, 1997
N C Dept. of Environmental & Natural Resources n E C E I V E D
Division of Water Quality I�fus OCT 141997
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845 sDM519
PROJ #•
ATT: MS. LINDA LEWIS
RE: LONG TERM MAINTENANCE RESPONSIBILITIES FOR NORTHCHASE
PERMIT SW8950519 BERKLEIGH SUBDIVISION
PERMIT SW8961004 TECHNOLOGY COURT
Dear Ms. Lewis
It is my understanding that, in order to be sure the files are correct, we need to
make formal notification that, as Property Managers for Northchase
Homeowners Assn. Inc. and Technology Court, we will be coordinating the
response to the maintenance needs of these associations.
We will be working on behalf of both associations in the collection of annual
maintenance dues, preparing budgets, obtaining contractors to complete
required activities and the administration of finances.
We have received the Operation and Maintenance Plans for the assigned storm -
water ponds in Berkleigh and have made them available to the Northchase
Drainage and Pond Committees and have been involved in the maintenance of
these ponds since 1996. We expect to begin long term maintenance on the
Technology Court facilities on or about January 1, 1998.
We believe that all procedures are in order to ensure the long term maintenance
of these ponds by both Associations. If you have questions or if I can be of
assistance, do not hesitate to contact me.
Sincerely
Richard Collins, Property Manager
for: NORTHCHASE HOA & TECHNOLOGY COURT NCH\H2OQUALLTY
Professional Property Management
P.O. Box 5585 • Wilmington, NC 28403 • 919/395-1500 • Fax 395-6229
0
State of North Carolina
Department of Environment and Natural Resources
James B. Hunt, Jr.
Governor
Mr. Andy Ammons
Ammons-NorthChase Corporation
4510-A NorthChase Parkway NE
Wilmington, NC 28405
Dear Mr. Amnions:
Wilmington Regional Office
Division of Water Quality
Water Quality Section
September 24, 1997
Wayne McDevitt
Secretary
Subject: Transfer of Ownership
Berkleigh, Phase IV
Stormwater Project No. SW8 950519
New Hanover County
The Wilmington Regional Office received a name/ownership change form for the subject project on September
10, 1997. It has been the policy of this Office to issue original permits to the developer and only after all construction
is complete, and the project is in compliance with the permit, will this Office transfer the ownership to a Home
Owner's Association. Your signature as president of the HOA is unacceptable, since you still represent the developer.
The fact that you are signing as the president of the HOA indicates that the actual homeowners in Berkleigh neither
know that this transfer is taking place, nor that they are now financially responsible for the maintenance of the pond.
Our reasoning for not issuing the transfer at this time is that in general, developers tend to leave a pond in non-
compliance at the time of the transfer, leaving the mess for the homeowners to clean up at their expense. In order to
avoid this situation, transfers to the HOA will require a signature of an actual resident living in the subject subdivision,
who has been elected or appointed president of the HOA. Other required documents include a copy of the legal papers
forming the HOA, the recorded deed restrictions, the Engineer's Certification, and a signed Operation and
Maintenance plan.
Our records indicate that the Engineer's Certification has been received, however, neither the deed restrictions
nor an Operation and Maintenance plan signed by the president of the HOA have been received for this project.
If you have any questions, please do not hesitate to call me at (910) 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\950519.SEP
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
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management r
r James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
SEP 10 1917
m;rrel7i mmm�=Mnncrc�nn
2. Permit's signing official's name and title: Andrew L _ Ammons . Prec i den h
(Person legally responsible for permit)
President
(Title)
3. Mailing address: 4910-A Nnrthr'hagP Plan=z NE City: Wilmjngtrn
State' NC Zip Code: 28405 Phone:( 910 ) 799-5723
IL .NEW OWNER/NAME INFORMATION
I. This request for a name change is a result of: \'
X a. Change in ownership of property/company
_b. Name change only
_c. Other (please explain):
2. New owner's name (name to be put on pennit):NorthChise Homeowners Association
'NorthChase Homeowners Association
3. New owner's or signing official's name and tide: Ely Andraa T. _ Amrtnns
(Person legally responsible for permit)
President.
PO Box 5585 (Title)
4. Mailing address: City: wi lminotnn
State: NC Zip Code: 28403 Phone: ( 910 ; 95-1500
PERMIT NAN1E/OWNERSHfP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application
2. Processing fee of $100.00 (Checks to be made payable to DEHNR)
3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed,
articles of incorporation)
CERTIFICATION MUST BE COMPLETED AND SIGNED BY 130TH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF.
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION.
Current Permittee's Certification:
I Andreia L . Amrons attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best, of my knowledge. I understand that if all required parts
of this applicquon are not completed and that if all required supporting information and attachments are not
included, thapplication pIckage will be returned as incomplete.
Applicant's Certification:
I Andrew L. Ammons , attest that this application for a name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this applic on are not completed and that if all required supporting information and attachments are not
included, this/ppltcation $acyge will be returned as incomplete.
THE- COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of Environmental Management
Water Quality Section
Permits and Engineering Unit
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Telephone: (919) 733-5083
Fax: (919) 733-0719
CP
f�00 BCG01;
2 10 9
RECORDED AND VERIFIED
PAGE NARY SUE 00TS
REGISTER OF DEEDS
0 7 y 0 NEW HANOVER CO. NC
'96 NOV 19 Pn 1 02
Tax I.D. No. Pt. 02600-003-004-000
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NO pEY@RIB BTAYPS
WARRANTY DEED
"J0()094
THIS DEED, made this the 13th day of November
1996, by and between AMMONS LAND COMPANY, INC., a North Carolina
corporation (hereinafter called "Grantor"); and NORTHCHASE
HOMEOWNERS ASSOCIATION, INC., a North Carolina non profit
corporation, (hereinafter called "Grantee"), whose mailing address
is Care of CEPCO, P. O. Box 5585, Wilmington, NC 28403;
(whether one or more persons, firms or corporations). 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 as required by
context.
WITNESSETH:
THAT the said Grantor, in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable considerations paid to
it, receipt of which is hereby acknowledged, has bargained and
sold, and by these presents does hereby grant, bargain, sell and
convey unto the said Grantee, the following described lands located
in Cape Fear Township, County of New Hanover and State of North
Carolina and being more particularly described as follows:
TRACT 1: BEING all that parcel designated "Common Area -
Pond", BERKLEIGH, Section 7, as the same is shown on a
map thereof recorded in Map Book 35 at Page 261 of the
New Hanover County Registry.
SUBJECT TO duties, requirements and obligations imposed
by the State of North Carolina, Division of Environmental
Management, in regard to proper continued maintenance of
the property and pond area for drainage and storm water
detention pond in accordance with State Stormwater
Management Systems Permit(s), and including the
restriction that alteration of drainage as shown on the
approved plan or plat may not take place without the
concurrence of the State of North Carolina, all of which,
Grantee, by acceptance of this deed agrees to be bound.
I r
Prepared by POISSON, BARNHILL 8 SEAY, PO Box 2027, Wilmington, Nc 28402-2027 (910) 763-2525
6001" PAGE
210`1 0741
TRACT 2: BEING all that parcel designated "Common Area
Northern Detention Pond", BERKLEIGH, Section 8, as the
same is shown on a map thereof recorded in Map Book 36 at
Page 163 of the New Hanover County Registry.
SUBJECT TO duties, requirements and obligations imposed
by the State of North Carolina, Division of Environmental
Management, in regard to proper continued maintenance of
the property and pond area for drainage and storm water
detention pond in accordance with State Stormwater
Management Systems Permit(s), and including the
restriction that alteration of drainage as shown on the
approved plan or plat may not take place without the
concurrence of the State of North Carolina, all of which,
Grantee, by acceptance of this deed agrees to be bound.
TRACT 3: BEING those two parcels of land designated as
"Common Area", DANBURY FOREST, Section 3, as the same are
shown on a map thereof recorded in Map Book 34 at Page
250 of the New Hanover County Registry.
SUBJECT TO duties, requirements and obligations imposed
by the State of North Carolina, Division of Environmental
Management, in regard to proper continued maintenance of
the property and pond area for drainage and storm water
detention pond in accordance with State Stormwater
Management Systems Permit(s), and including the
restriction that alteration of drainage as shown on the
approved plan or plat may not take place without the
concurrence of the State of North Carolina, all of which,
Grantee, by acceptance of this deed agrees to be bound.
TO HAVE AND TO HOLD the above described lands and premises,
together with all and singular, the rights, privileges, easements,
tenements, duties, obligations and appurtenances thereunto
belonging, or in anywise appertaining unto the said Grantee, in fee
simple FOREVER.
AND said Grantor covenants with the Grantee that the Grantor
is seized of the said premises in fee simple, has the right to
convey the same in fee simple, that the title is marketable and
free and clear of all encumbrances, except as herein set forth:
usual utility easements reserved and dedicated to New Hanover
County Water and Sewer District, restrictions imposed by the State
of North Carolina for management and maintenance of said property
for drainage and storm water detention ponds, rights -of -way of
record; and except as stated, said Grantor will WARRANT and DEFEND
the title to the same against the lawful claims and demands of any
and all persons whomsoever.
IN TESTIMONY WHEREOF, AMMONS LAND COMPANY, INC. , Grantor,
has caused this Instrument to be executed in its corporate name by
its duly authorized officers, and corporate seal affixed, all the
day and year first above written.
GOOK PACE
210`1 0742
AMMONS LAND COMPANY, INC,
By: i 1
Vice President
%%O 0 to nt Secre
iQRP6"TE SEAL)
9nn
.�ita..d..
A
gT4T,E OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I Crystal Rhodes a Notary Public in and for the
County and State aforesaid, certify that Emily B. Mathews
personally appeared before me this day and acknowledged that she is
the Assistant Secretary of AMMONS LAND COMPANY, INC.; a North
Carolina corporation, and that by authority duly given and as an
act of the corporation, the foregoing Instrument was signed in its
name by its Vice President, sealed with its corporate seal and
attested by herself as its Assistant Secretary. Witness my hand
and official stamp or seal this 13th day of November
1996.
N46tary Public
My Commission expires:
J NOTARY 1
aueuc Z j
y'•.
STATE OF NORTH CAROLINA .,,OVER CO,. •'
COUNTY OF NEW HANOVER
The foregoing certificate of Cry s/z--
nn '` UO. Notary
Public, art?' R certified to be rrect this ty, day of
, 1996.
MARY SUE OOTS
Regi toof e Adis -New Hanover County
By I (J L
L—i
puty/A ant
Prepared by POISSON, BARNHILL 8 SEAY, PO Box 2027, Wilmington, NC 28402-2027 (910) 763-2525