HomeMy WebLinkAboutSW8951020_CURRENT PERMIT_20220511 (2)STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Cl 5 10 2 O
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 o22 D S I I
YYYYMMDD
ROY COOPER
Governor
ELIZABETH S. BISER
BRIAN WRENN
Dfrector
May 11, 2022
Birkdale at Landfall Association, Inc.
Attn: Christopher Brown, President
1749 Drysdale Drive
Wilmington, NC 28405
NORTH CAROLINA
Envbro ntai Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 951020
Birkdale at Landfall Association
New Hanover County
Dear Mr. Brown:
Effective August 1, 2013 the Post -Construction Stormwater Management Program has been transferred from the
Division of Water Quality ("DWQ") to the Division of Energy, Mineral and Land Resources ("DEMLR"). All
previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified.
Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit.
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on April 5, 2022. The Division is hereby notifying you that permit SW8951020 has been
renewed, updated, and re -issued on May 11, 2022, as attached. Please be aware that the renewal and re -issuance
of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until November 10, 2030 and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this
program to provide you with a better understanding of your obligations under this permit. Failure to comply with
these requirements will result in future compliance problems. Please note that this permit is not transferable
except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov.
Sincerely, 9
Grev WD(,f
X=Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
welft rm Q-/ North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
i �� / 910.796.7215
d
State Stormwater Permit No. SW8 951020
Page 2 of 2
Enclosures: Attachment A— Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
DES/ams: \\\Stormwater\Permits & Projects\I995\951020 HD\2022 05 permit 951020
cc: Jaymie McGuire; RPS Environmental; 309 Crowatan Road; Castle I Tyne, NC 28429
Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy. Mneral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.7%.7215
Post -Construction Stormwater Management
Permit No. SW8 951020
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Birkdale at Landfall Association, Inc.
Birkdale at Landfall Association
1749 Drysdale Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the
application, approved stormwater management plans, supplement, calculations, operation and
maintenance agreement, recorded documents, specifications, and other supporting data (the
"approved plans and specifications") as attached and/or on file with and approved by the Division of
Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications. The approved
plans and specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until November 10, 2030 and shall be subject
to the following specified conditions and limitations. The permit issued shall continue in force and
effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.4 on page 2 of this permit. The subdivision is permitted for 53 lots, each
limited to a maximum amount of built -upon area as indicated in Section 11.14 (f) of this permit.
3. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
Page 1 of 8
Post -Construction Stormwater Management
Permit No. SW8 951020
4. The following design elements have been permitted for this wet detention pond stormwater
facility, and must be provided in the system at all times.
a.
Drainage Area, acres:
22.42
Onsite, ft2:
906,048
Offsite, ft2:
70,567
b.
Total Impervious Surfaces, ft2:
454,200
Lot BUA, ft2:
366,557
Roads/Parking, ft2:
83,287
Other, ft2:
4,356
Offsite, ft2:
0
C.
Pond Design Depth, feet:
5
d.
TSS removal efficiency:
90%
e.
Design Storm:
1"
f.
Permanent Pool Elevation, FMSL:
16
g.
Permitted Surface Area @PP, ft2:
41,140
h.
Permitted Storage Volume, ft3:
43,357 at temporary pool
i.
Storage Elevation, FMSL:
17
j.
Predevelopment 1 year 24 hour, cfs:
26
k.
Post development 1 year 24 hour, cis:
17
I.
Controlling Orifice:
YO pipe
m.
Permanent Pool Volume, ft3:
177,938
n.
Forebay Volume, ft3:
NE
o.
Maximum Fountain Horsepower:
% hp
p.
Receiving Stream / River Basin:
Graham Lake / Cape Fear
q.
Stream Index Number:
NA
r.
Classification of Water Body:
"Cl
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area for the entire lot
does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
2. If an Architectural Review Board or Committee is set up by the permittee to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed built -upon area.
Any approvals given by the Board do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit.
3. 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.
4. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
5. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
Page 2 of 8
Post -Construction Stormwater Management
Permit No. SW8 951020
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. A modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
9. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to allcomponents of the system must be available at all times.
10. Records of maintenance activities must be kept by the permittee. The records will indicate the
bate, activity, name of person performing the work and what actions were taken.
11. The permittee shall submit to the Division an annual summary report of the maintenance and
inspection records for each BMP. The report shall summarize the inspection dates, results of
the inspections, and the maintenance work performed at each inspection.
12. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
13. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
Page 3 of 8
Post -Construction Stormwater Management
Permit No. SWB 951020
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 951020, as issued by the Division
under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, DEMLR.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division.
f. The maximum built -upon area per lot is listed in the table below:
LOT #
BUILT
UPON
(SF)
LOT #
BUILT
UPON
(SF)
LOT #
BUILT
UPON
(SF)
LOT #
BUILT
UPON
(SF)
1
10,477
15
9,574
29
7,047
43
5,513
2
6,790
16
8,611
30
8,645
44
5,426
3
6,354
17
5,903
31
6,166
45
5,972
4
6,362
18
5,952
32
6,081
46
6,223
5
6,413
19
1 7,053
33
6,144
47
7,996
6
6,574
20
6,775
34
6,206
48
7,442
7
6,995
21
6,369
35
6,231
49
6,449
8
7,256
22
10,643
36
7,191
50
6,753
9
8,048
23
11,889
37
5,858
51
5,989
10
6,523
24
7,543
38
6,025
52
5,664
11
6,0
25
7,536
39
6,502
53
7,712
12
6,47786
26
6,942
40
6,433
13
6,331
27
5,837
41
6,174
14
6,049
28
6,492
42
5,763
This allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
h. Built -upon area in excess of the permitted amount will require a permit modification.
i. If permeable pavement credit is requested, the property owner must submit a request,
with supporting documentation, to the permittee and receive approval prior to
construction of BLIA.
15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, the signature of the Permittee, the deed book number and page, and
the stamp/signature of the Register of Deeds.
Page 4 of 8
Post -Construction Stormwater Management
Permit No. SW8 951020
16. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in this pond is 3/4 horsepower.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
Page 5 of 8
Post -Construction Stormwater Management
Permit No. SW8 951020
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made.
OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 11th day of May 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
—Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 8
Post -Construction Stormwater Management
Permit No. SW8 951020
Birkdale at Landfall Association Page 1 of 2
Stormwater Permit No. SW8 951020
New Hanover Countv
Attachment A
Designer's Certification
I, as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
(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.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8
Post -Construction Stormwater Management
Permit No. SW8 951020
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Wilmington Regional Office
New Hanover County Building Inspections
Page 8 of 8
Attachment C - Permitting History
Birkdale at Landfall Association
Permit No. SW8 951020
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
8/14/1996
Original
Approval
10
11/10/2008
Renewal
2.0
5/1 1/2022
Renewal
3.0
Expires November 10, 2030
Permit Number: J t ✓C> SJ / 0 a O
(to be provided by DWQ)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
❑ does ® does not
This system (check one):
❑ does 9 does not
incorporate a vegetated filter at the outlet.
incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minin„zed to the
maximum extent practical.
— Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potential roblem:lapproximately
w I will remediate the roblem:
The entire BMP
Trash/debris is resenove
the trash debris.
The perimeter of the wet
detention basin
Areas of bare soil andrade
erosive gullies have foove
the soil if necessary to
the gully, and then plant a
und cover and water until it is
blished. Provide lime and a
-time fertilizer application,
Vegetation is too shortntain
Ion
vegetation at a height of
six inches.
0
Cn
as
Form SW401-Wet Detention Basin O&M-Rev.3 Page 1 of 4
Permit Number: SL�/O / S / 0 aQ
(to be provided by DWQ)
Drainage Area Number:
BMP element
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
swale
The pipe is clogged.
Unclog the pipe. Dispose of the
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessaryto
swale.
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible. Remove the sediment and
sediment storage.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible. Remove the sediment and
storage depth.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over
Consult a professional to remove
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.3 Page 2 of 4
Permit Number: S W g 9 S) 0 Z o
(to be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers.
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair.
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet.
the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 3.75 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 3.75 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 16.0
12_25 Pe anen Pool
Volume Sediment Removal Elevation 12_25 Volume
L- Min.
- ------------------------------------------ ------
Sediment Bottom Elevation 11.0 1-ft 4
Storage Sedimei
Storage
FOREBAY MAIN POND
Form SW401-Wet Detention Basin O&M-Rev.3 Page 3 of 4
Permit Number: 509 /S/0 (�_o
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project nante:1, z1,?&4 %lIE A ! I_Z
BMP drainage area number:
Printname: ! �, ��u✓>
Signature:
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
h S Q 1nkn6Yh ��C�� - a Notary Public for the State of
l_Qfkkh IQkdt a a , County of _Ozy_ ,n <c,> � cA , do hereby certify that
Rhk�� Q)LOd-+ personally appeared before me this I_
day of(^( CCm. - 2_c:�, and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
,%0. r\ i r i s i e r e err: ryr
.r�rY::l: kbi: ii il:\ii� a •:
SEAL
My commission expires -MM [ h (I 2D i'�
Form SW401-Wet Detention Basin O&M-Rev.3 Page 4 of 4
DEMLR USE ONLY
Data ce d
Fee Peld
Permit Number
5 a a
o
090
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION FORM
There Is NO FEE for updating project name orpermittee Informadon.
This fort Is to only to be used by the current permittee to no* the Division of
f) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA);
2) changes to the mailing address, phone number or small address of the current permillee;
3) changes to the name of the project and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number. SW8951020
!- -0Ity.
re you updng
(check ck all that apply):
If so, please provide the updated Information:
❑ Project name
_
❑ Corporation Name'
_
® Permit Contact Name'
_CHRISTOPHER M. BROWN
® Permit Contact Title
_ HOA Board President of Birkdale at Landfall Association
® Mailing Address'
_CIO Landfall COA 1749 Drysdale Dr. Wilmington NC 28405
® Phone number
_6712147771
® Email address
_president.blrkdalehoa@gmail.com
' Provide documentation such as a Name Change / Merger filed with the NCSOS.
2 Provide supporting documentation such as NCSOS filing. The permit contacts position must be in accordance
with 15A NCAC 02H .1040M 1.
J if more than one pointof contact or maiing address is being changed, please attach a separate sheet. .
B. CERTIFICATION OF PERMITTEE
1 CHRISTOPHER M. BROWN the current perm hereby notify DEMLR that I am maldng the changes as listed
In Section A above b er attest that this appJ(Catlo� r a update to the permit Into,,, currently on file Is accurate
and complete to of qly knowledge. , Ij %
County of f% ui 141AAI(dT16Z do hereby certify that Na STD E2 . ;3/z& ikz
personally appeared before me this the 174
day of tq9PT6.htB6Je20& and admowledge the due
exec utlon of the forgoing Instrument. Witness my hand and official seal,
(Notary seal)
Rabble A Morgan
Now
Notary Slgneture Nam t m
Mica EvirefteJAZ17-20
My commission expires _
1
Stormwatdr Permit Information Update Form Page 1 of 1 May 11, 2017
DEMLR USE ONLY
Data Re I d
Fee Paid
Permit Number
Sul v,;)U
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION FORM
There Is NO FEE for updating pmJect name or permlRee Information.
e y 10 2021 d
This fam Is to only to be used by the current pemrlitee to notify the Division Of.'
1) changes to the Point of Contact (signing official) for the current panntee (LLC, Corporation, HOA or POA)\�
2) changes to the mailing address, phone number or email address of Me current permRtee;
3) changes to the name of the project, and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number. SW8951020
Are you updating
(check all that apply):
If so, please provide the updated Information:
❑ Project name
_
❑ Corporation Name'
® Permit Contact Name' •3
CHRISTOPHER M. BROWN
® Permit Contact Title
_ HOA Board President of Birkdale at Landfall Association
® Mailing Address'
_cto Landfall COA 1749 Drysdale Dr. Wilmington NC 28405
® Phone number
5712147771
® Email address
_president.birkdalehoa®gmail.com
Provide documentation such as a Name Change /Merger filed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accoidance
with 15A NCAC 02H .104001.
If more than one point of contact or mailing address Is being changed, please attach a separate sheet. .
B. CERTIFICATION OF PERMITTEE
1, CHRISTOPHER M. BROWN - the current permlitswL hereby notify DEMLR that I am maldng the changes as listed
In Section A above.)4urjher attest that this app 11 n r a update to the permit Information currently on file is accurate
and complete to t¢6 boAof my knowledge. , � 4
Signature: ZZ L
C/►_ `/VI l %Date:) �`OL
�% �
I, O Bl3( E 4.ylor2Gta —,a Notary Public for the State of / ok-r fiQOL j/VA
County of /y&J AIAW6 F,7, do hereby certify that 1 JP15r0PNFz
personalty appeared before me this the L4 day of L q
49PTfAAAQe20 ,and acknowledge the due
execution of the forgoing Instrument. Witness my hand and official seal,
(Notary Seal)
iftw
bblea Morgan
t Hanow cm
Notary Signature Narm y
-20
My commission expires o�
A
Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017
.L
UtMLH UJt UNLY
It Dale R ceiv d
Fee Paid
Permit Number
as
07 —
u�g ioao
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8 951020
2. Project name: BIRKDALE A,r LANDFALL POND
3. Project street address: 1749 DRYSDALE DRIVE
City: WILMINGTON County: NEW HANOVER
ZIP: 28405
4. What, if any, changes have been made to the project as permitted? NONE
If the project has changed from the original approved plans, please complete SWU-101 fora Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy-
mineral-land-resources/energy-m ineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/enerav-mineral-land-rules/stormwater-Droaram/post-construction. State Stormwater Permits do not
property.
1. Current Permit Holder's Company Name/Organization: BIRKDALE AT LANDFALL ASSOCIATION,
2. Signing Official's Name: CHRISTOPHER BROWN
3. Signing Official's Title: PRESIDENT
4. Mailing Address: 1749 DRYSDALE DRIVE APR 0 5 2022 b ,I
BY:
City: WILMINGTON State: NC ZIP:
28405
5. Street Address: 1749 DRYSDALE DRIVE
City: WILMINGTON State: NC ZIP
28405
6. Phone: (910) 256-7604 Email: MAI NTENANCEOLAN DFALL.ORG
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
initial each item below to indicate that the required information is provided in the application package:
1. A permit application processing fee of $505.00 payable to NCDEQ.
�. 2.
A, 4.
5.
nk4AJ
T
One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
O&M Agreements, Please select one:
F2' I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
Designer Certifications, Please select one:
A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
APR 0 5 2022
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
D. PERMITTEE'S CERTIFICATION
C 421 S-MP AeE M the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and!J9 submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or qwfiYrship. All information pr i ed on this permit renewal application is, to the best of my
knowledge, corr ryGomplete. n /J
NOTARIZATION:
that 1
this the
day of
a Notary Public for the State of
County of Muo pAmoyLk , do hereby certify
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature:
My commission expires 1 —1% o2DaC
personally appeared before me
20_24,'�,_, and acknowledge the due
14abWe :Q!;�
New FlenStae of N
rayCommissbn F_
APR 0 5 2022
BY.•_
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
j
�w
Birkdale at Landfall
Stormwater Project No. SW8 951020
New Hanover County
Engineer's Certification
TE 08010
State Stormwater Management Systems
Permit No. SW8 951020
in
vl
I, Phillip G. Tripp , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (period icallyAveekly/#dll
time) the construction of the project,
Birkdale at Landfall
(Project)
for Mark Johnson (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.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
RECEI'���
OCT 1 '8 1008
By;
IAR A0�
..��.
� FESS/0y;/2
'fit 9
rt.
1. S
,�\ait�1111Fee,,
r��``Vh11i V �:�•�� `` 1.
ti
State Stormwater Management Systems
Permit No. SW8 951020
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
�3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
� 4. All roof drains are located such that the runoff is directed into the system.
—0-5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
q7. Trash rack is provided on the outlet/bypass structure.
AS. all slopes are grassed with permanent vegetation.
—01-9. Vegetated slopes are no steeper than 3:1.
110. The inlets are located per the approved plans and do not cause short
circuiting of the system.
IM11. The permitted amounts of surface area and/or volume have been
provided.
9-12. Required drawdown devices are correctly sized per the approved plans.
_W13. All required design depths are provided.
_OE14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
X15. The required dimensions of the system are provided, per the approved
plan.
y - BGOR r•••`
•7— 15 fog 20
STA rE OF NORTH CAROLINA
DESECS
COUNTY OF NEW IIANOYER
CONDITIONS fIIONS AND FOR NC
AND
BIRKDALE AT LANDFALL
THIS DECLARATION,
made this cj5n day of gJ 611 1996, by
BIRKDALE LIMITED PARTNERSHIP, a North Canrlim Limited Partnership, (•DccLu=-).
WITNESSETH:
WHEREAS, the Declarant is the owner of tenain Property in New Hanover Coumy.
North Carol a. mown as BIRKDALE AT LANDFALL, as the same is more particularly shown
on a plat thereof recorded in Map Boot :It_ at Pagessi-_Sy of die New Hamver County
Registry Idle 'Property'): and
WHEREAS, Declanm desires to subject said Property to certain protective covenants,
conditions. restrictlau, liens and chuM as hereinafter an forth for the mutual benefit of
Declarant and su®eding property arms and dmics; that said covenants, cordiuoos, restrictions,
liens and clurges inn with the land and be binding upon the Declarant, its successors and assigns.
NOW, THEREFORE, the Declaracct hereby declares that all of the Property described
above shall be held. sold and conveyed subject to the following easements, restrictions, covenants
and conditions. all of which are for the purpose of enhancing and protecting the value. desirability
and attractiveness of the Property and which shall inn with the Property and shall be binding on
all panics having or acquiring any right, title or interest in die described Property or any pan
detect, and shall inure to the benefit of each owner thereof.
ARTICLE 1
Definitions
Section 1: "Association' shall mean and refer to Birtdale Homeowners' Association,
a North Carolina non-profit corporation, is successors and assigns.
Section2: 'Be" of Directors" or "Board" means daze persons ekcied or appointed
and acting collectively as the Directnrs of the Association.
Section 3: "Building' shall mean and refer to a home and associated garage constructed
or erected on a lot shown on a recorded map of the Property.
Section 4: -By-Laws" mean the by-laws of the Association as they now or may
hereinafter exist.
433678
BOOK PACE
2a�2 oa�s
StavQn S: 'Heroic' stall mean and refer In a duxached. fice mmbng dwelling or place
of mudeoee and attached or derachrd garage constructed upon a lot within the property.
Srasiun4: 'Casson Ares' shall mean and refer to all hod within the Property
owed by the Association. along with hcflmu and imgovements erected or constructed shown.
ter the use and enjoyment of de member of die Association as shown on the map of BAdale at
I —1fall recorded in Alap Book _ at Page, _ of the New Hanover County Registry. b
addition. all Privm strops, water lines Woad outside public nglin-of-way and individual lot
all sewer lines Mated outside public rights -of -way. public sminry xry easements and individual
ear, which woes or sewer lim serve die property are dxhrod m be commie area- Said common
area shall be maims by de Associadm unless and until potions thereof arc turned over to the
Council. as hereafter defined. pursuant to the terms and conditions of the Det luadm and
Annexation. Dedh-am rexnxs the right to alter and amend the recorded Map to amend, delete
or relocate common areas and facilities as Declaran4 in its sole discretion, deems appropriate.
Ste: 'Co®®oo Espy' shall mean and include:
a. All sums lawfully assessed by the Association against its members;
b. Expenses of ad miniwntion. maintenance. repair or replacement of
the common areas- private greets, ponds and bulkheads; and nor paid as a pan of the Shared
Common Expenses. as hereafter defined;
C. Expenses declared to be common expenses by the Provisions of this
Declaration or the By-laws;
d. liability for such other insurance premium as tine Declaratiwi or By-
laws may require the Association to purchase;
C. Expenses agreed by the members to be common "peons of she,
Association including but not limed n the maintenance and landscaping of yards and oilier areas
which may be included within a lax;
Common Areas.
f. Any ad valorem taxes and public assessments levied against The
g. Shared Carman Expense asmssunenn imposed by the Council as set
fonh in Paragraph 7 of the Declaration and Annexation.
BGOK
�J72 nn�G
SCLlio 8 : -Cotes Prafls- shall mean and refer to the balance of all i aKoe. rcntt
Profits and tnvtx= d the Assnvrim remaining after the dcmc000 of the common expenses a
reser es therefor. Common plotits shall our mean or mChr& any sums lawfully assessed agaisw
members by the Associatim.
Sou 7-Csmtd' shall reran The Landfall Council of Association, bae., a North
Catdion non-Prndt Corporation. its 9suessm and assigns.
SOMQR l4= -De clarast- shall man and refer tn BIRKDALE UMr ED PAMER-
SHIP_ a North Carolina Limited Partnership. its sumrson and assigns to whoa the rights of
DeCL'not are upresdy transferred, or if such socossors or assigns should acptim mo: than one
undeveloped lot or undeveloped acreW for the purpose of deve lopmeat, or acquire tick tn the
Praperty under a deed in lieu of foreclosure, judicial forecbwre, Of fooslosure under power of
ale comamed m any deed of trust or anyoee otherwise denominated a 'DI-1-am' thereby shall
be deemed Declarant.
SCEhon I I: The-Declxatioo and Annesrtion• shall mean the Declaaioo of
Covenants, Conditions and Qwrw-no . and Am n"""'On tn Master Cmss-Ames Easement and
hlaimen" a Agmcmmt dated as of December 22. 1993 which is recorded in Book 1732, Page
912 of the New Hanover County Registry, as it may be amended from time to time.
Suaiun'2: •DdWboo- shall man the Dekgatioo of Powers and Amboriry dared as
of March 16. 1992 which is recorded in Boric 1594, Page '476 of the New Hanover County
Registry, as it may be amended from time to time.
St"lisn 11: '"' Shall mean and refer to those 53 pima of land, other than the Common
area. designated on the recorded subdivision map referred to above and Upon which a home: has
been Or may be cauwned. The number of leas may be inereaaed or decreased as determined by ._
the Declarant in accordance with the provisions of this Declaration.
Section i4: 'Masser Easement- shall mean the Master Cross -Access Easement and
Maintenance Agreement dated as of October 22, 1990 which is recorded in Book 1515, Page 1583
of the New Hanover County Registry, as amended from time to Time.
511110111 Li: "Member* shall mean and refer to every person who is a member of the
Association.
DUWR
1012 0037
SSs19m ,14: '00111rr- shall reran and refer to time record ownrs- whether one or more
perscot or entities, of a fee simpk tide to any for which is a pan of the
Prop". including
contract sellers. but excluding those who have such inw'us merely as Wurity for the
performance of any obligation.
Scuion 17: 'Peru=- shall mean and refer to an iodiviAd. ompo xLjM partnership.
associmoo. trustee or other iMd emiry.
Stxli�l@: 'Property- sirup mean and refer m thus certain read property, sb wn On that
plot referred to above.
5saQn12: 'Shared Common Areas- shall mean the areas. facilities and scrvi=
defined as Shared Common Area and facilities in the moister Easement.
S 'Shared Comm Evema- shall meats those expenses defined and
identified as Shared Common Expenses in tie Maser Fasrment�
ARTICLE n
Provelty Rights
Sscsion 1: 0wme's Eased of Enjoyment Every Owner still have a right to and
rascomt of enjoyment in and to the Common Areas which dull be appurtenant to and shall pass
with the tide to every designated lot. subject to each of the following provisions:
a The right of time Association tn limit the number of guess of
members.
b. The rig" of the Association, in aaordvrtce with its Articles and By-
laws, to borrow money for the purpass of improving the Common Areas and facilities and in aid
thereof to mortgage said Property, and the rights of such mortgagee in said properties dull be
subordinate to the rights of the, lot owners hereunder.
C. The right of the Association to suspend the voting rights and rights
to the use of the Common Areas and facilities (except srects) by a member, or any person to
whom he has delegated his voting right, for any period not to exceed sixty (fro) days for an
infraction of its published rules and regulations.
d. Those casements as provided in ARTICLE IX herein.
C. The right of the Council tn exercise the powers and authority set out
in the Delegation as to lots and Common Areas.
4
Booty
2072 D038
Soc7ion : De W"OR 01 Ust: Any owner may
dekgalt in accordance with the By
Laws. his new of e+goy mem a the Common Antis D the members of his tamily, bis tcoaoos a
contract purchasers. Provided• evety such dekgatee still reside m the Pmperty.
Smug": blaetnaace of Conmem Areas TLC Declarant herby covetiam for
itself- its sMumesmrs and assigns• thin Haan; of certain of the Common Areas• shall be
trarsfaeed D the Cmrct prmnam D the terms and omdidaoas of the 111clatatian and A tomation.
The Association shall be reslrmsibk for soy Common Amu net Maintained by the Council -
Section 4: Parma Rights and Restrictimm Adequaoe off-strntt puking stall be
provided by- the owner of each lot for the parking of Witimobiles and other vehicles owned or
co molkd by such owner. members of die owner's family or employees of the owner and tenants,
and owners (mchhdng family members and tents) of the loin awsvam and agree oat to pork their
attomobilm vucks. boats, trailers and other vehicles on the stoats a Common Areas located on
the PmPNY- No trucks. boats, uailers or commercial vehicles shall be stored- houssd or parked
on the Properay except within an enclosed prage-
ARTICLE m
Membership
Every person who is record owner of a fee or undivided fee interest in any hat wW is
subject by covenants of record D assessment by the AssociA mi, including contract sellers, but
excluding persons who hold an turaest merdy as security for the Performance of any oblip000s,
shall be a member of the Associarion. ownership of such interest shall be the sole galifiation
for arch membership. There shall be only one volt per lot in such Association. Membership shall
be appurtenant D and may not be separated from ownership of any lot which is subject D
assessment. TLe Board of Directors may make reasonable mks regarding Proof of ownership.
ARTICIE IV
Voting Rights
S=IgOn 1: Classes: TLC Association shall have the following two chases of voting
membership:
a- Class A: Class A members shall be all owners, with the except= of
the Declarant. Class A members shall be entitled to one vote for each lot owned. When more
than one Person holds an interest in any lot all such persons shall be members. The vote for such
BOOK PACE
2072 BD39
Ia shall be exm-twd as the owners thereof &--ermine, but in no even shall more than am vote
be cart with respect to any la. and oa fraaiooal me may be can with tr�pect to any Io.
b. S. ASLR: The ClassB n e r shall be rbe Dochuam. am it rbaB
be amtkd to duce (3) totes far each la in wtirL it holds a foe or undivided fee ine. pMXjM
LM the Class B membership shall one and stall be converted to Chss A membership upon the
happening of either of the following events. whichever occurs earlier:
11) When the total votes autsuoding in Class A membership
equal the tot vats outstandhng in Class B membership:
1'_) The fourth anniversary of moordation of this Declaration.
ARTICIE V
Cavmmd for Asscssntmts
S=QLL1: Creation of the lam and PWoaal Ohffinn of AsstssMents: The
DedarAm for each lot owned within the Property, hereby covenants, and every other Owner of
any la by acceptance: of a deed therefor. whether or nee it shall be so expressed in any such deed
or Other conveyance, is deemed to rwveramt and agree to pay to die Association:
a. Annual assessments or charges;
b- Special ass -nth for Capit improvements.
Such ammems shall be fixed, established and collected from time to time
as hereinafter provided.
The annual and special assessments, together with such interest thereon,
costs of collection thereof, and reasonable atmmeys' fees as may be established by the
Association. shall be a charge on the land and shall be a continuing lien upon the lot and
improvanems against which each such assessment is made.
Each such assessment. Iogerher with
such interest and Coss and reasonable attorneys, fees, shall also be the personal obligation of the
person who was the owner of Ute lot at the time the assessment became due. The personal
Obligations of an owner for delinquent assessments shall not Pus to his successors in title unless
expressly assumed by them and then only with the consent of the Association. All assessmenhts
shall be shared equally by the owners of each lot.
Section.2: Purpose of A The asm-Ments levied by the Association shall
be used exclusively for promoting the recreation, health, safety and welfare of the residents and
B00A PACE
^072 D0L!
the Prvyrny: for mforcmg these covenants and tk rules of the Association. for providing the
sm'wes and tacilities fog the purposes of or Mated w the ma Moatta. rue and eojoymem of the
common am and facilities. for the purpose of payment of enmnow expm¢s• and for the
matnttmn¢ and upkeep of all water Imes and systems as well as for payment of all sums due for
water mrrirx to the prcmixr for the maintenance of all ponds and balkhrads within or abutittg
dte Wq= and for mainenance of Private roadways,
Scam 3: Antonia of Aaaoal Aswc attest:
a. Maximus Annual Assessment: Until January 1. 1998. the
maximum annual assessment "1 tom exceed EIGHT HUNDRED FIFTY AND NO/10D
DOLLARS 0850.00) per Ion. the exact amount of which shall be determined from time to time
as hereinafter provided.
bscrease by Association Board of Directors: From and after the
dace specified in subparagraph (a) above, the annual ass... which may be established effective
January 1 of each year by the Board of Directors, may not be increased by more than twenty
Percent 00%) of the prior year's assessment without a vote of the members as provided below.
C. 11crmse by Members'. From and after the date specified in
subparagraph (a) above. the annual assessment may be incteased by more than twenty percent
(20%) Only by an afftmutive vote of two-ibirds (2/3) of each class of members who arc voting in
person or by proxy. at a meeting duly called for such purpose. Written notice of said meeting,
setting froth de purpose of die orating. shall be sett to all members ant less than thirty (30) days
nor more than sixty (60) days in advance of the mating. The limitation herein set forth shall not
apply many increase in assessments undertaken as an incident to a merger of consolidation in
which the Assdeia ion is authorized to participate under its Articles of Incorporation.
d. Criteria for Fstablishiog Annual Asseswms: In proposing the
amoral assessment for any asmssnem year, the Board of Directors sball consider all current coats
and expenses of the Association, any accrued debts and reserves for future needs.
C. Lots Owned by Declarant: Notwithstanding anything in this
ARTICLE V to the don", all lots owned by Declarant shall be exempt from assessments until
such time as Dalamnt conveys said lot to a purchaser.
BOOK PRCE
2072 00L!1
Sm't' 9: Sp0621 Assestm.nds for Capital lopmamn ec to addition to the annual
arsesmevr authorved abme, the A.soevion may Imy. in any asvexamem year. a special
assessment applicabk to that )= Only for the purpose of defraying, in whole or in part the coats
OfconstructionOf tccom in non, novas at replacement of a described capital improremem upon
It- Common Arras, including the nmesary aron s and MMW PmP'MY related theream, and
specifically including the over lists and systems within the prtsjm any such
assessmrni shall have the an= of n.o.drirdc (2/3) of the votes of each class of members who am
voting in person or by proxy ar a meeting Orly abed for this purpose, writem notice of which,
suing forth the purpose of the meeting, shall hate been sea to all members not
less than thirty (30) days nor more than sixty (60) days in advance of die memng.
Section : L'aifam Rate of AssessnenC Both anal and special assessments muss
be fixed at a uniform rate for all lots, on a per la bays. and may be Collected on a momhly,
quarterly of annual basis as determined by the Board of Disamrs.
5Wip I : Quarx® far a Aeolian "but iNd mdv Stsrtiues 3 and 4: At a meering
called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of
proxies emided to cast sixty percent (60R) of all the votes of each class of membership
shall
constitute a quomm. If the required quorum is nix forthcoming at any meeting, ano ber oeetiog
may be called subject to the ootia requirement set fords in Sections 3 and 4 and she required
quorum at
any such subseguesn meeting shall be One-half ('A) of the iced Rot quorum at the
prrcedmg meeting. No such subsequent meeting shall be held mine than sixty (60) days following
the preceding meeting.
SCcuon ;: Date of Corommtemed of Antral Asass"ard: Due Dares: The annual
assessments provided for herein shall be paid in advance in moodily, quarterly or anal
installments as determined by the Board of Directors and the payment of such shall comm. as
to each la on the day of the conveyance of den by the Declaram- Assessments $ball he prorated
for any party month. The Board of Directors shall fix the Ironton of the astral =«surient
against eadt lot at lean Mn (10) days in advance of each annual assessment period- Written ounce
of the annual assessment shall be sent to "cry owner subject thereto. Ilse due dare shall be
established by the President. The Association, upon demand and at any lime, shall furnish a
certificate in writing signed by a member of the Association selling forth whether the assessments
phCc
goof.
p1 9
p0y�
on a syeetfied lur have bcen paid. A prapedy ese matd ornirote of the Association as to the
shams of assessmems; an a lot is binding upon the Ammiaam as of the date of its isnaoce.
$COMA: E1ted of Nmpayamt of Asset R--CdM of the Aseaotiabw
Any assessments Or P"um thereof which are not paid wbm de shall be
d`lio4hem. If the
assessment a any Poruoo thereof is oot Paid wirhin thirty, (30) days after the due due, the same
shall bear interess from the date of delitapeny at the I'm of taehwe Petrem (12%) Per aonum.
The Association may bring an action agsins the Owner Personally obhgaed to pay the same. or
foreclose the lien agaittu the I'MI)MY, rod. in either even[, imereq costs and reasonable
a[ortey's foes meorsed in the prnsmnion of soy such action shall be added to [he amount of such
assessment. No Owner may "VC OF aheraise escape liability for the assessment provided for
herein by eon -use of the Common Amu or aba tdoommt of the lot_
Samoa Srt6ordnatim of the Lim to ALortgages and Ad Valorem TaxM 711e
lien of the assessments provided for herein many Ion shall be subordinate to the lien of any firs
mortgage and ad valorem taxes on such la_ 71e sale or transfer of any hoe shall na affect
the
assesses" lies: however. the sale or transfer of any lot puts=[ to such mortgage formSlanrte or
any Proceeding in lieu thereof. shall extinguish the lien of such assessments as to payments which
became due Prior In such sale or transfer. No sale or oaosfer shall relieve such lot from liability
for any assessments thereafter becoming due or fmm the lien thereof.
ARTICLE VI
Section 1: Shamed Cummm Expmss Ash payable to The Ladffl Cotmea
of Amnoates, hoe.: In addition to the assessments provided in ARTICLE V above, each owner
shall be responsible for paying the Shared Camnm Expense assessments imposed by the Couodl,
its successors in interest and is designee, as set forth in Br+Ph7 of thDecl
aration and
Annexation. At the option of the Council, such Slued Common
Expense asstsvmns may be
billed by the Council directly to the individual lot owners or billed through the Association. Any
Shared Common Expense assessments or patron thereof which are not paid within thirty (30) days
after the due date shall be the personal obligation of the owners of that lot, may result in a lien
against such la and may result in the imposition of a late fee in an amount to be determined by
the Council. Such liens will be subject to the provisions of Article V, Section 9 hereof.
B 0� PACE
' l�dt>� l�tlire5oles Uadaralioa d Cov0i136. Cohddt aid
'O71
Restrimoe yd Ameotion m Mauer Crone -Pc m Fit ad blaigmaM Agremnit:
Landfall Assoemes subjected the Property to the arms and coodawas of the Declarationand
Affiltsation. and such rams and conditions shall inn with the Prapeny and shall be binding on all
Parties havmg or acquiring any right. utle or imerest in tie Property or any pan dxmt.
Any con =or ahmrhsisreoues between this document and the Declaraioa and Am=auoo shall
be resolved in favor of the Deelaratloo and M uenum.
ARTICLE Vu
htliNUUMa aad Ludscapig
The Association shall coouact for the landscaping. irrigation and maime ance of all lots
located within BirLdak_ The expense of providing Such =v,im$ shall be deemed a common
expense and shall be &lured equally by all lot owners as provided in ARTICLE v above. Each
lee owns stall be repauihle for the eatermr mmsmocc of Barb d%ellmg and agrees to Maunaio
des d%tlling in a good and acceptable manner.
If, m the opimim of the Association. any owner shag fail to maintain any
dwelling owned
by him in a manner which is reasonably neat and orderly or shall fail to keep improvements
constructed thereon in a state of repair so as tat to be unsightly, all in the sole opinion of the
Association. the Association in its discretion. by the affirmative vote of two-thirds (2/3) of the
members of the Board of Directors. and folbwing tea (10) days written notice by the Owners,
may enter upon and make or cause to be made repairs to such improvements and perform such
maintenance on the lot u the removal of trash, cutting of grass, pruning of shrubbery. weeding
and items of erosion control. the Association shall have an easement onto and over each lot for
the purpose of accomplishing the foregoing. The reasonable cost incurred by the Association in
rendering all such services, plus a service charge of fifteen petam (15%) of such coat, shall be
added to and become a part of the assessment to which such lot is subject.
ARTICLE Val
Use Restrictions
Section 1: Rules and Regulations; the Board of Dirrsmts of the Assneiationand the
Council shall each have the power to formulate, amend, publish and enforce reasonable mks and
regulations concerning the use and enjoyment of the yards of each lot and common area. Any
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BOOK PACE
2072 0044
mitt and regulations formulated by the Asmcmm, along with all Policy resolutions and policy
actions Liken by the Board of Directors of the A=cuuon. shall be rrxpnled in a Book of
Resuhuion which Shull be maiooioed in a place convenient n the owners and available to th®
for impeetioo during normal business hours_ to the care of any conflicts between the odes
adoped by the Board of Mw" and those adopted by the Council. the rules of the Council shall
prevail.
SMM&-': Use of Roperly: Each hen, building. the home thereon and the Common
Areas shall be for the following uses and subject to the fol
lowing renrictioas, and. in addition,
to those set forth in the By-laws:
a. All Ins. buildings and the Common Anent shall be used solely for
single bonny residential purposes and for Purposes incidcnW or aazsvmy therein, CXCC;K as
Otherwise eapresly provided in the Declarasim and Arrvrarim
b. No lot may be subdivided
C. Declar" may use tW to four (4) homes at any given sons far office
and/or for sales or display purposes.
d. Nothing shall be kept and no activity shall be carried on in any
building or horse or on the Common Areas which will incteam the rate of insurance, applicable
to residential use, for the surrounding Property or the contents thereof
C. No owner shall do of keep anything, or can = or allow anything to
be done or kept, in his home or in the Common Areas which will remis in rice cancellation of
insurance many Portion of the Property. or the contents thereof. or which will be in violation of
any law, Ordinance, or regulation.
f NO wane shall be committed on any pro of the Comm Areas.
g. All garbage receptacles, containers and enclosures shall be located
so as not n be unsightly and said location shall be as originally designated of constructed by
Declarant or as approved by the Arehitccmral Control Committee of the Council
h. NO imnaral, improper, offensive or unlawful use shall be made of
:he Property, or any Pan thereof, and all valid laws, ordinances and regulations of all
governmental agencies having jurisdiction thereof shall be observed.
buun --
2072 0045
Nothing still be dare in or to any home or garage or in. to or upon
any of the common area which will impair the urmcanral integrity of any huildm& home. garage
Or portion of the Common Arms or which ""ld impair of alter the exterior of any building
I portion thereof, except in the manner provided in this Declaration.
d- No industry. business, trade, occupation of Profemon of any kind.
whether momcleW or otherwise. shall be conducted. maintained or pertained on coy pan of the
Property. esssyt that the Declanm or its agents may on up to fats (4) homes a any given time
for Saks or display purposes and tactpt thin I-ndfall Associates or its agents may use up ro two
homes aq• given time for overnight hous ng for prowesive purchasers of properties within the
laudfall Subdivision.
It. Except a$ ®y be required by municipal ordinance, on owns shall
display. OF cam to allow to be displayed to public view any sign. plead. Poner, billboard of
idm"fpmg mane or number upon any home, building or any Portion of the Common Areas.
No person shall undertake. cause, or allow amy alienation or
Construction m or upon any poninu of the Common Aron except a the direction of and with the
express written consent of the Association.
M. The Common Areas shall be used only for she purposes for which
they am invented and rmsombly suited and which are imidemal to the use and occupancy of the
boors, sub era m any mks or regulations that tiny be adopted by the Association pursuant to its
By-I,tvs.
m. No building shall be created on a Ion unkss the same contains a lean
2.000 supmrt feu exclusive of porches. decks and garages.
o. No more than fifty-five Percent (554) of the total spore footage of
any kx shall be lnpervious Surface area Notwithstanding the fmcgoiog. all ownerx xhall comply
xith any and all swrn water romff regulado ns or other Such regulations which may be applicabk
to each individual lot.
vection 3: AnimaB: No animals, livestock or poultry of any kind shall be kept or
maintained on any lot or in any dwelling except that dogs, cats or other household pia may be
kept or maintained provided daI they are not kept or maintained for conmemial purposes and
12
BOCK PACE
?01'L p0`+6
prov,md further rhos they are kept in the home of the o acf of in etch other arc as is approved
by the Architectural Control Committee of The Iaodfall Ca mcil of Associations• Inc -
Section : fuse of ffasacs: No home shall be leased for transient or hotel putposm
our may my owner lease less than the arom Una. war shall any such Ire be Gar any period of kss
than six (6) mouths. except that the Dmlaram or its agents may use cep to fnur (4) homes r any
gisva time for OM= andfor for sales or display proposes and except than Iaod4U Associms or
its agents may use up to four (4) homes for overnight housing for prospective purchasers of
Properties withm landfall Subdivision. Any lease muss be in writing and provide that the sums
of the tease aed Occupancy of the unit shall be subject in all respect to the provisions of the
Declaration of Coveoams, Conditions and Reuriaions and By-laws of the Association and any
failure, by a IMM to Comply with the terms of such documents shall be a default under the case.
ARTICLE IX
Section I Walks+ Drives. parting Areas stud Ul litim. All of the Property,
including lots and Common Areas. shall be subject m a perpetual ootteaclusive easement or
easements in favor of all owners of lot$ for their use and tlx use of their immediate families,
guests, urvioces, Roamt$ Of lessons for all proper and normal purposes and for ingress, egress and
regress in and m such easements for private sours, driveways. walkways. Ping ants, water
lines, sanitary sewers. storm drainage facilities, gas lines, telephone and electric power lines,
television anream lines and other public utilities as shall be established prior to subjacdnx the
Property to this Declaration by the Declarant or its psedxessors in title. The Council and the
Association shall have the power and audmrity m grant and to establish in, over, upon and across
due Common Arras conveyed to it such funkier easements as are requisite for the convenient use.
and enjoyment of the Property.
Section 2: Rtserwation to DwJaF=I: Every lot shall be subject to an easement for
entry and encroachment by the Declarant for a period rot to exceed eighteen (IS) mouths
following conveyance of a lot m an owner for the purpose of correcting any problems (bat may
arise regarding grading and drainage. The Declarant, upon making entry for such purpose, sban
restore the affected lot or lots to as near the original condition as practicable.
13
BOOK PACE
2072 p0y7
fvrder, Declxam reserves the right o subject the property in a tetrad
With Cambria Ibwer & tit Company for the installation of underground clank tables and/or
the msrallarioa of street lighuq;. tither or both of which may reWhe an initul payment ao&w
continuing monthly payment o CAmball power & light Company by The owner of each Inc
SuIGG 3: Erungenctec Every Ion and home sbaB be 94= o an asemot for entry
by the Aaadatioo for ie purpose of wrecang, repairing or alleviating any emergency condition
which areas upon troy Iot or within any home and wbicb endangers my building or pordoo of the
Common Aral 7be Council shall also have an easement of entry for the purpose of wresting
OF alle'"any ®er@taY oomtlmn which endangers any of the Shared Common Arta subject
to the Countil's jurisdiction.
S67jon.4= Ut2dy Eat An easement is hereby established over all loos and
Common Asas for de benefit of applicable gowni end agencies for the Wrong. removing and
le"di"g of %"Ater, gas and elc nit meets maintaining and rephdmg water. drainage and drainage
facilities, maintaining and replacing gas and electric facilities, fire fighting. law enforcement.
garbage collection and the delivering of mail.
Owner's Easement for Repro and Remratn scuoI : If any dwelling is
located closer than five (5) feet from its Ion lint, (be owner thereof shall have a perper d access
avooem over the adjoining Im to the extent reasonably necessary to perform repair, maintenance:
or reconsin ction of his dwelling. Such repair, maimaunce ter reconstruction shall be done
expediaausly and, upon omplaiom of the work. the owner shall restore the adjoining Ion as near
the same condition as that which prevailed prior to de cemmoocr em of the wort as is reasonably
practicable.
Section b: Developers Access Easement An exclusive ease eon is bereby established
in favor of Doclamm over all commou area, for access to adlaccm properties for the purposes of
future development and de installation of streets and public utilities.
SrsliQtl: EandsaPmg and Maintenance Eases: An easement is hereby
established"' favor of the Declarant and the Association, their agents and assigns overall lens for
the purpose of providing and maintaining landscaping, for installation and maintenance of
irrigation lines and facilities and for other activities reasonably relating to the maintenance of the
premises, including pods and bulkheads.
14
BOOK PACE
Z072 OOyB
Section : App wicam t Rasftsaft An easemem is hereby established in favor of
the Deelatam and the owner of any lot for the esiatone and maimemoot for any appurtenance
extending from a dwelling which may cocroarh upon an adjoining IM including but ON limited
m took steps and hearing and au 000dki000rg unas_ That Mcmem provided in Section 5 hereof
shag be agptiabk to the maimataom of mmnynwioo of ,such appurnemarcu
ARTICLE X
RWO of look timw L.radns
SMML1: The For wmen apgoval of arh intiawarol holder of a firs deed of oust
00 leas in the Property will be required for the following:
a. The abandonment or termination of the planned unit development
euept for abaodoamem or termination as provided by law in theme of sobstanew destruction
by fire or other casualty or in theme of a tatting by 0ondero matt or emitnmt domain -
It.
Any material amm(IM of to the IAclaration or to the By -Laws of the
SmiDOZ: Upon written request, any institutional bolder of a fim deed of trust on a
lot will be entitled to:
bus"Iess hours:
a. Inspect the books and records of the Asmcunon dufmg normal
b. Remm an annual financial statement of the Association within 90
days following the end of any fiscal year, and.
c- Wren" entice of all meetings of the Association and be permitted
to designate a rapfesentative to aumd all such meedogs.
Section : a. In the event of substantial damaBe or destruction of any lot or any
Part of the Common Arm, the institutional holder of any first mortgage on a lot will be corned
to timely written notice of any Rich damage or deasuctim.
It. If any lot or portion thereof or the Common Arm or any portion
thereof is made the subject matter of any condemnation or eminent doatain proceeding or is
otherwise sought to be acquired by a condemning authority, tbc0 the instimtioml holder of any
first mortgage on a Ica will be eudded to timely written notice of any such proceeding or proposed
acquisition.
15
BOOR PACE
2072 0049
C. The holder of die first mongsgn on my lot shill be given prompt
Ounce of my defauh in die Im mongsgor,s ob6gauon hetennder sus Coved within thirty (30) days
of each d boh, Bch mace m be &OC:Cd m arh mmtpgee at its addam sham on die tecosded
Section 1: FAorsmwob The Asmcmm or any owner shill barn the right m eatome,
by a proceeding in law or in ewity, a0 restriction, condition, covemurs, rtsuvanOm, limn and
doges now or htnfkr impagrd by die PlOvisimn of this Dechndm. Failure of the Association
or of an owner to eofbmc my am maot or restriction herein cemined loll in no event be dermed
a waiver of the right to do so thereataer.
303i u" Snaabi Y lavabdaoon of any one of disc covenam or temictionn by
judgment Or coon Order shall in oo way affect any other provision which shag remain in fob
force and effem
Sectioni: Amid eat The COMM s. condition and r smm m of dais Dtrlmuon
shall mu with and bind the land for a team of twenty (20) yam from the den: this Dedantim is
recorded, afar which none they shall he mtamarically extended for asmeasive periods of lei (10)
Years. This Decimation may be amended dining the fun twenty (20) year period by an mpmment
signed by the owners of not leis than ninety Percent (90%) of the bo, and thereafter by an
inmoicat signed by die owners of am less dos seventy-fivC Percent (75%) of die lots. As a
precondition in the effeCtivemess of any amendment affecting the rights of Landfall Astocases of
the Council, such amdtdrnent shall aped¢ the joinder of such affected party. All amendments
shall be certified as an official act of the Association by the Secretary rhemf and shill fonhwitk
be recorded in the New Hanover County Registry. All amendments shall become eff=ive upon
recordation.
Section : CouWm 10 the event Of any ommrilable conflict betwm the Dickman
and th By -Laws of the Asmciation. the provisions of this Declaration shill coutrol. In dm event
of any intmoCilable conflict between this Declaration Or the By -taws of she Association and the
Articles of Incorporation of the Association, the provisions of the Articles of IncorpOnlion shall
control.
16
BOOK PACE
2072 0050
BY WYINESSS WHMEOF, the DecSun bas caused "S imuumax a be aemnl m i0
msWsue name by its duly aurAariad officers and its caspwao seal affimd hum. d c day crud
Year fim above writtm.
BY -
A
CAROUNA
- -. HAMM
BIRKDALE UMITED PARTNERSHIP (SEAL)
COLONY COAST CONTRACTORS, INC
GENERAL PARTNER
A-A�IeJKI�le
Kmrm R Ge vm Pte idem
STATE OF NORM CAROIJNA
New Hamver Camly
TMr..m.WaM-9.dca+e..dea
1, David E. Boffin , a Notary Public for the Sucre of Norb Cardioa,
County of Brunswick , do haeb
Y anti fy din Sharlene Murray
PeesaullY apparel before me Ibis day, and being by m first duly swan. acknowledged that
-ihe is A«*Secrmry of COLONY COAST CONTRACTORS, INC., a North Camllm
corporation, serving as General Partner for BIRKDALE LIMITED PARTNERSHlp, a Nonh
Carolina Limited Pannt abip. and drat by authority duly given and as the act of am o q mlioo
in its caPaciry as General Parmer. the foregoing insmuoeat was signed by its Pmsideat, sak d
with in corporate seal and armed by her self as its Asst. SaTeury.
WITNESS my hand and official seal, this the Sth day of July
P_�_. 1996.
MY Commission Expires- NOTARY PUSUC
!]• s zoou
17