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HomeMy WebLinkAboutSW8901018_Current Permit_20130523 A A, ter. NCDEWR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. - John E. Skvarla, Ill Governor Director Secretary May 23, 2013 Beach at Brick Landing POA do Albert Gomes, current President 1919 Stone Ballast Way, SW Ocean Isle Beach, NC 28469 Subject: Stormwater Permit No. SW8 901018 Transfer of Ownership and Modification Beach at Brick Landing Subdivision High Density Subdivision Project Brunswick County Dear Mr. Gomes: On May 17, 2013, the Division of Water Quality (DWQ) received a signed Name/Ownership Change Form, requesting the transfer of the State Stormwater Management Permit, from William F. Taylor to Beach at Brick Landing POA. A file review and site inspection was performed on April 12, 2013, by DWQ and as noted in the enclosed inspection report, the site is in compliance with the terms and conditions of the current state stormwater permit. The Division is hereby notifying you that permit number SW8 901018 has been modified and transferred as of this date and shall be effective until terminated, modified or rescinded. For your records, please find enclosed the following documents: 1. A copy of the original 1990 Certification of Compliance; 2. The new high density permit; 3. A copy of the recorded deed restrictions; 4. A copy of the April 12, 2013, inspection report; 5. A copy of the May 17, 2013 Name/Ownership Change form; 6. A copy of the original Operation and Maintenance plan from the 1994 plans. 7. A copy of the July 25, 1991 letter from the Water Quality Regional Supervisor to William Taylor indicating that the Professional Engineer's Certification of the infiltration basin system had been received. 8. Copy of the Army Corps of Engineers Tri-Party Agreement regarding the ACOE's permission for the infiltration basins to encroach on the AIWW right-of- way drege spoil area, executed on June 6, 1991. The modification includes the addition of 4 lots, each at a maximum of 2,800 sf of built- upon area, to the Basin #2 drainage area of the subdivision. Please note that by accepting the permit, you have agreed to operate and maintain the permitted BMP's subject to the conditions and limitations as specified in this permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, and transferring the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, or to transfer the permit, will result in future compliance problems. Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 ne Phone:910-796-72151 FAX:910-350-20041 DENR Assistance:1-877-623-6748 INgrthCarolina Internet wwmr,ncwaterqualigrorg aturaI/ An Equal Opportunity 1Aflirmative Action Employer State Stormwater Management Systems Permit No. SW8 901018 • 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 150E of the North Carolina General Statutes. Per NCGS 143-215(e), the petition 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 regarding this permit, please contact Linda Lewis with the Division of Water Quality in the Wilmington Regional Office at (910) 796-7343. Sincerely, toe Charles Wakild, P.E., Director Division of Water Quality GDS/arl: S:1WQS1Stormwater\Permits&Projects119901901018 HD12013 05 permit 901018 cc: William F. Taylor Brunswick County Engineering Wilmington Regional Office Stormwater File Page 2 of 7 State Stormwater Management Systems Permit No. SW8 901018 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE 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 Beach at Brick Landing POA The Beach at Brick Landing Subdivision Intersection of NCSR 1155 and NCSR 1143, Ocean Isle Beach, Brunswick County FOR THE construction, operation and maintenance of two (2) infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until terminated, modified or rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. 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 1.6 on page 3 of this permit. The subdivision is permitted for 16 lots, each allowed a maximum amount of built-upon area as specified in Section II.15(f) of this permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. Volume in excess of the design storm bypasses the basins and is directed to a 50' vegetated area, as shown on the approved plans. 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. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 901018 6. The following design parameters have been approved for the infiltration basin stormwater facilities, and must be maintained in each system at all times. This information is taken from the 1994 calculations and plans: Basin 1 Basin 2 a. Drainage Area, acres: 2.0 2.16 Onsite, ft2: 87,000 94,000 Offsite, ft2: 0 0 b. Total Impervious Surfaces, ft2: 41,500 42,100 Lots at 2,720 ft2: 13,600 19,040 Lots at 2,800 ft2: 0 11,200 Street, ft`: 10,400 11,860 Future, ft2: 17,500 0 Offsite, ft2: 0 0 c. Basin Depth, feet: 0.8 0.9 d. Design Storm, inches: 1.5 1.5 e. Bottom Elevation, FMSL: 8.0 7.2 f Permitted Surface Area @Bottom, ft2: 7,142 5,200 g Permitted Storage Volume, ft3: 5,800 5,300 h. Storage/Bypass Elevation, FMSL: 8.8 8.1 i Type of Soil: Sandy Historic Dredge Fill j. Expected Infiltration Rate, in/hr: 5.0 5.0 k. Time to Draw Down, hours: <2 <3 I. Receiving Stream / River Basin: Intracoastal Waterway/LBR59 m. Stream Index Number: 15-25 n. Classification of Water Body: "SA; HQW' II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (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. 2. The permittee is responsible for reviewing the proposed lot plans and verifying that the proposed built-upon area for each lot does not exceed the maximum allowable built-upon area assigned under this permit. The maximum amount of built-upon area assigned to any lot under this permit may not be revised without approval from the Division of Water Quality. 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 permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification, including, but not limited to, those listed below: a. Any revision to the approved BMP's, regardless of size; b. Redesign or addition to the approved amount of built-upon area or to the approved drainage area; c. Further subdivision, acquisition, or sale of all or part of the project area; d. Any revision to the approved drainage conveyance and collection system, including filling in, re-grading, relocating, or piping. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 901018 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. 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. 8. 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. 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 optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 10. 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. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior transfer of this permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. 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. 14. 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. Page 5 of 7 State Stormwater Management Systems Permit No. SW8 901018 15. The following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 901018, as issued by the Division of Water Quality 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, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot is as follows: Lots 1-12 at 2,720 sf; and Lots 13, 14, 15 and 16 at 2,800 square feet. 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. h. 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. 16. Lots under the jurisdiction of the Coastal Area Management Act as administered by the Division of Coastal Management (DCM) may be subject to a reduction in their maximum allowable built-upon area and/or a different method of calculating built-upon area, due to CAMA regulations within an Ocean Hazard AEC or an Estuarine AEC. The more restrictive (smaller) of the DWQ and DCM built-upon areas will be applied to that lot. 17. Within 1 year from the issue date of this permit, the Beach at Brick Landing POA shall approve an amendment in which each lot owner acknowledges and agrees to abide by the BUA limits for the lots as described above and as recorded on December 5, 2012, in Deed Book 3343 at Page 0599 of the Brunswick County Register of Deeds office. A copy of the approved amendment, signed by the required majority of the POA membership must be submitted to the Division within 30 days of the date it was approved. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 2. 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. 3. 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. Page 6 of 7 State Stomiwater Management Systems Permit No. SW8 901018 4. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Water Quality at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 5. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the storrnwater facilities during normal business hours. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. Permit transferred and issued this the 23rd day of May 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a,201 harlesavakild, P. ., Director Division of Water Quality By Authority of the Environmental Management Commission Page 7 of 7 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management `Permit Number: S'G/cP ?a!© lS) 2. Project Name: /32a c h Q.' 13rrc 3. Current Permit Holder's Company Name/Organization: % �h r- 4. Signing Official's Name: 4//,a ,, p'7 y/ar Title: 17e,vehr�r-- 5. Mailing Address:laic '`re PerreS'1 7Z96-214,-77 ,&e City:e'e /A,/e_&a A State: /v.r, Zip:„2,07L 6. Phone: (9/a ) 6-79' 36^a I Fax: (9 (D ) S1?- 3S23 II. PROPOSED PERMITTEE/OWNER/PROJECT/ADDRESS INFORMATION This request is for: (please check all that apply) ® Name change of the owner (Please complete Items 1, 2 and 3 below) El Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) Mailing address I phone nu ber change. (Please complete Item 4 below) in Other (please explain):PO rn ®r g/A.e✓,c/�.y'. / 1. Proposed permittee's company name%organilation: ekadrA rz� r. ,�dr� FP, 2. Proposed permittee's signing officials`name:e./f16.rT-G o•/� 3. Proposed permittee's title: JPreS,=r�Cg.„T 4. Mailing Address: I W 9 f[ , e ,30// 7j (9%/ City:(9..n 7../ Bec c% State: e. Zip: .2! 6' Phone: (9 ) 'ycj`[/- 3 7 2 Fax: ( 5. New Project Name to be placed on permit: 8e-arja., ,vzk/cqs -7 /0d Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in#1 above and provide name of HOA/POA's authorized representative in#2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) flECEIVE SSW N/O Change Rev24Sept2012 Page 1 of 4 NOV 2 6 2012 BY: III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality(DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1.This completed and signed form.This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6.The$40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the$40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my.knowledge. I understand that if all required parts of this application are not completed or if all required supporting Information and attachments listed above are not included,this application package will be returned as incomplete. rai Check here if current permittee is transferring the property to a new owner and will not retain o ersp of the !T�it.. ., , the current permittee, am submittingthis application for a transfer of owne hip for permit# swV- . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit,the designer's certification for each BMP, any recorded deed restrictions, covenants,or easements,the DWQ approved plans and/or approved as-built plans,the approved operation and maintenance agreement, past maintenance records,and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included,this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: ]� � � Date: .2 -// - I, , a Notary Public for the State of , County of ,do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument.Witness my hand and official seal, (Notary Seal) Notary Signature ECEIVE SSW N/O Change Rev24Sept201.2 Page 2 of 4 MAY 17 2013 I) BY: V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, ,9,-/ kr I1 Fa if,�ier;�c,1'T , hereby notify the DWQ that I have acquired through sale, lease or Zeal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) X the most recent permit X. the designer's certification for each BMP ® any recorded deed restrictions, covenants, or easements ,® the DWQ approved plans and/or approved as-built plans ❑ the approved operation and maintenance agreement N' 8 past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not u• - • this a tion package will be returned as incom pl te. 4 Si nature - Date: // f f/F I, id. - L &k I C , a Notary Public for the State of /V1' F- , County of biAid,wei , do hereby certify that G� itifri . personally appeared before me this the day of 77o4) , 201 Z,,�nd acknowledge the due execution of the for oing instrument.Witness my hand and official seal i OFFICIAL SEAL )zi �� --( �'r,r ��� ±dog rolina Notary Signature rr ,1' c unty o runs Eck -' ALTA S. BAXLEY My Commission Expires 0 Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee/developer and the property owner will appear on the permit as permittees. flECEIVE SSW N/O Change Rev24Sept2012 Page 3 of 4 S. NOV 2 6 2012 1 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: !7 A i -/ �„-,ems' ' Organization:_8 _GPI �TBrrz: ria,,,i r Pod' Title within the Organization: b e_g', / Street Address: 0/93-73.►e ta.//a- .. � SW City:4cea.q 'h.e� State: N. C. Zip: ArP.-g'y Mailing Address: (if different from street address) City: State: Zip: Phone: 9/0-7(5-6/./7 7 P,- Fax: Email: rzr/t,33,36' ,62e2.7: r ne7,_ I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assess ent of civil penalties of up to$25,000 per day, pursu t to S 143-215.6. Signature of the property owner�� Date: I / /3".2.,- , ll I, atlLL. , a Notary Public for the State of County of i ,/`; 46, YAW/ , do hereby certify that ,1i, personally appeared before me this the J day of fi , 20 /?., and acknowledge the due execution of the forgoingfo/ instrument. Witness my hand and official seal, G '�� eLiC ...... (Notary Seal) Notary Signature .,, OFFICIAL SEAL Alyr.rzlikfl` Notary Public,NdorthCarolina " County of Brunswick -° T B EY�/� My Commission Expires �� ••% y 1%1Q1Z SSW N/O Change Rev24Sept2012 Page 4 of 4 g+l:� II�IIIIIIIIII�IIIIIII�IIIIIIIIIIIIIII isn 201a I33'l3 rri 12:14:19.000 Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 1 of 2 Presenter , .... S Ret: :TS 07 Total Rev Int. f1kZ.-. Ck$. ._Ck#S5- Cash$ Refund: Cash$ Finance (/!g��ort'ons of document are II bte due to condition of original. :ecrument cont^'ns seats verified by original •s':.:-,ent that cannot be reproduced or copied. High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots wilktletembrAiyided and sold and runoff will be treated in an engineered stormwater control facility. Deed rest049(1 ctive covenants are necessary to ensure that the development maintains abuilt-upon, ar ,nsiit a design criteria used to size the stormwater control facility. -.: . � .t , z , acknowledge, affirm and agree by my signature below, that I will '�•'rr• •'�`- • re ' ctions and covenants to be recorded prior to the sale of any lot: 9;:�0 rr► • venants are intended to ensure ongoing compliance with State Stormwater V2' �► . - Management tRegion Regulations. /B , as issued by the Division of Water Quality under the ` ,rI /If111no 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built-upon area per lot Isla,1kae, square feet. 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. OR, if the proposed built-upon areas per lot will vary, please REPLACE#6 above with the following: 6. The maximum built-upon area per lot, in square feet, is as listed below: PA if ,J Lot# BUA Lot# BUA Lot# BUA Lot# BUA 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. 7. Each lot will maintain a 30**foot wide vegetated buffer between all impervious areas and surface waters. *50 foot for projects located in the 20 coastal counties. 3. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. flECEJVE l) DEC 12 2012 17nrrv% TlY?Dr1_2 Au..') f1GA1....7lf1O Dnera, 1 nf'7 BY: 11111111111111111111111111111111 ��i i43 Pf06@@ 2:14 19.0 12:14:19.000 • Brunswick Count Brenda M. Clemmons PROP y,.NC Register of Deeds page 2 of 2 High Density Residential Subdivisions ,0a,i"+' T""+''�a,, Deed Restrictions & Protective Covenances 1 .. qi r 0 Date: aZ i'�, { (l Y. a Notary Public in the et,.. County of 11 iiy i PYf(17 , , ✓✓..p. a0b ,kit. do....... . .....that Z.O. (44 . personally appeared before me this the q day of , 20/ _, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, tt,6 ,t in v , SEAL ignature 1 `',;� OFFICIAL SEAL My Commission expires (Lu i (�/3 ` r'li=t Notary Public,North Carolina � , .1-,Y i County of Brunswick ' :�� A i BAXLEI I My Commission Expires L T, ,, r p r_2 D 1 nc-kr, intro D..1 nf')