HomeMy WebLinkAboutSW4231203_O&M Agreement/Plan_20231211 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2022004724
DAVIDSON CO, NC FEE$26.00
PRESENTED&RECORDED.
03-01-2022 11:33:59 AM
MICHAEL HORNE
REGISTER OF DEEDS
BY:TERRTANIT S.WARD
ASSIS
BK: DE 2533
PG: 1913-1919
COVER SHEET
Document Type: ,S-QQ d
Grantor: ge,Lea ��C�
Grantee: A/D / L� 1 �A '
This cover sheet was added to comply with NCGS § 161-18(a)U Non-standard fee—as defined in 161-14(b)
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS,AND EASEMENTS FOR NOLAND FARM
The Declarant, Bailey's Ridge, LLC, has the right to amend the Declaration of
Covenants, Conditions, Restrictions, and Easements("Declaration")for Noland Farm, a
community in Lexington, NC, where such Declaration was duly recorded on January 6, 2022, at
Davidson County Register of Deeds at Deed Book 2524, and pages 1595-1616.
WHEREAS, a FIRST AMENDMENT was recorded on February 15, 2022, at Davidson
County Register of Deeds at Deed Book 2531, pages 773 through 777.
WHEREAS, a typographical error errantly lists the community name as Dolcetto instead
of Noland Farm.
THEREFORE, in order to address the typographical error, the FIRST AMENDMENT as
recorded at Deed Book 2531, pages 773 through 777 is hereby cancelled as if it was never
recorded, and this SECOND AMENDMENT replaces that in its entirety.
WHEREAS, the Property is subject to certain restrictions relating to storm-water
management due to location thereof under Title 15 NCAC 2H.1000 and S.L. 2006-246
(collectively"Storm-water Regulations"). Therefore, in compliance with the Storm-water
Regulations, EXHIBIT C of the Declaration is amended to further include additional section 5 in
Article V, immediately after Section 4. Approval of Plans, Specifications, and Construction:
5. Low Density Residential Subdivisions Storm-Water Management
(a) The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SWA000105 Noland Farm, as issued by the
Division of Energy, Mineral and Land Resources under the Stormwater Management
Regulations.
(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(d) The covenants pertaining to stormwater may not be altered or rescinded without the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 Energy, Mineral and
Land Resources.
(e) Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
(f) The maximum allowable built-upon area per lot is 4,000 square feet. This allotted
amount includes any builtupon 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, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools.
(g) In the case of a lot within CAMA's regulated AEC, where the Division of Coastal
Management calculates a different maximum allowable built-upon area for that lot than is
shown herein, the governing maximum built-upon area for that lot shall be the most
restrictive of the two.
(h) Filling in or piping of any vegetative conveyances(ditches, swales, etc.) associated with
the development except for average driveway crossings is strictly prohibited by any
persons.
(i) Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and
surface waters.
(I) The Declarant shall have the right to amend the covenants without consent of the
members to conform the Declaration to the requirements of any law or governmental
agency having legal jurisdiction over the property, including those agencies sponsored
by or under the control of the State of North Carolina. A letter from an official of any
such agency requesting, requiring or suggesting an amendment necessary to comply
with the requirements of such agency, shall be sufficient evidence to affect such an
amendment. The amendment shall be effective upon recording.
(k) The enclosed Operation and Maintenance Agreement shall also apply, with such
responsibilities as set forth in the Operation and Maintenance Agreement conveying to
the lot owners within Noland Farm.
Signature: Q71,44,1/ it: Date: ) i 2 Gr 7:?
/
I, AP/1: ' (tea �a4, ,�, ,k5oz— , a Notary Public in
the
State of AI/.1Y/ Citini 1, , County of
do hereby certify that S- r-' 2- J v l -9,1 personally appeared
before me this the l day of /1Q1/-a-- , 207-2;and
acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
�{ �szo �t�-�cw�i `,. -�/L rss wwo AN
/va oreN saiid uo.
Signature
�!!� cog ��4 2�iloleo U1�oN
2 I I --�i Aiunoo LOsiol
My Commission expires �J n flg fl d AV ION
NOSAOvr 3NIVINEIVH0 S1800
•
•
:' i _ Operation & Maintenance Agreement, ' !
Project Name: ,Noland Farm. -
Project Location: off Tussey Road (0.4 mile south of.Helmstetler Road)
- - Cover.Page
Maintenance records shall be kept on the following SCM(s). This maintenance record shall be kept in a log in a known set location.,
Any deficient SCM 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 pollutant removal efficiency of the SCM(s).
The SCM(s)on this project include(check all that apply&corresponding O&M sheets will be added automatically) _:
Infiltration Basin Quantity: N74 Location(s): _
Infiltration Trench Quantity: . Location(s): - -
Bioretention Cell Quantity: Location(s):
Wet Pond Quantity: Location(s):
Stormwater Wetland Quantity: Location(s): ,
Permeable Pavement Quantity: _ Location(s): . -.
Sand Filter Quantity: . Location(s):
Rainwater Harvesting Quantity: ' Location(s): -
•
Green Roof Quantity:, Location(s): '
Level Spreader-Filter Strip Quantity:_ Location(s):,
Proprietary System Quantity: Location(s):' .
Treatment Swale Quantity: Location(s):
Dry Pond Quantity;_• Location(s):: .
Disconnected Impervious Surface Present: ; No Locations):• - . •
User Defined SCM Present: -No Location(s):'-..
Low Density Present: `Yes Type:,Vegetated swales/roadside ditches
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for
each SCM above,and attached O&M tables. I agree to notify NCDEQ of any problems with the system or prior to any changes to
the system or responsible party.
Responsible Party:_Justin R.Nifong
Title&Organization: . Bailey's Ridge, LLC
Street address; PO Box 36
City, state,zip:Wallburg,NC 27373
Phone number(s)'s(704)562-5012 : . . -
Email:?jrnifong@nkpatentlaw.com ` .
/ r •
Date:. /Zi) Z .
Signature;
l• .4,4-4 2,.Q ,)A-Ck-j'1., , a Notary Public for the State of //b/-1 t lm-ral s—t-
County of r,< .`f-t— , do hereby certify that i _. $-hk. AAil,c i
personally appeared before me tfAs ( day of _ , /116 / 1, Z- and
acknowledge the due execution of the Operations and Mai tenance Agree
Witness my hand and official seal �` .rev- �
DORIS CHARMAINE JACKSON
NOTARY PUBLIC:
Forsyth County
North Carol na
My Commission Expires March 14,2023
Sea/ — My commission expires
—•/y/z
STORM-EZ 10/26/2021
Version 1.5 O&M Agreement Page 1 of 1
Low Density-•Maintenance=Requirements .
Important maintenance procedures: •
The drainage area to the vegetated conveyance or vegetated receiving area will be carefully
managed to reduce the sediment load to the vegetated conveyance or vegetated receiving area.
After the initial fertilization to establish the grass in the vegetated conveyance or the vegetated
receiving area,fertilizer will not be applied to the vegetated receiving areas.
The vegetated conveyance or vegetated receiving area will be inspected quarterly. Records of operation and
maintenance will be kept in a known set location and will be available upon request.
Inspection activities shall be performed as follows.Any problems that are found shall be repaired immediately.
SCM M element: Potential problem: How to remediate the problem:
Vegetation is too short or Maintain grassed vegetation such that the swale or vegetated
'Vegetation too long. area does not erode during the peak flow from the 10-year
storm
Tras
h/debris is present.: Remove the trash/debris,
Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re-
erosive gullies have sod (or plant with other appropriate species)and water until
Vegetated receiving formed. established. Provide lime and a one-time fertilizer application.
I
areas
Trees and/or other woody Remove the trees and woody vegetation from the swale,
'vegetation are present in regrade the swale if necessary and re-establish grass as shown
the swale. on the approved plans.
•
Trash/debris is present: Remove the trash/debris.
Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re-
erosive gullies have sod (or plant with other appropriate species)and water until
formed. established. Provide lime and a one-time fertilizer application.
'Sediment covers the grass Remove sediment and dispose in an area that will not impact
g conveyancesat the bottom of the swale. streams or SCMs. Re-sod if necessary.
Vegetated /
swales/roadside Regrade the slopes to the permitted configuration per the
ditches(other than curb The side slope is steeper approved plan and reestablish vegetation. If as-built or existing
outlet swales) than the approved conditions do not allow the slopes to be regraded, contact the
configuration.
applicable permitting agency.
•
Determine the source bf the problem: soils, hydrology, disease,
Grass is dead,diseased etc. Remedy the problem and replace plants. Provide a one-
or dying. time fertilizer application to establish the ground cover if
necessary.
Trees and/or other woody Remove the trees and woody vegetation from the vegetated
vegetation are present in conveyance, regrade the vegetated conveyance if necessary
the vegetated and re-establish grass as shown on the approved plans.
conveyance.
Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site..
The outlet device(if
applicable)
The outlet device is Repair or replace the outlet device.
• damaged
Erosion or other signs of
damage have occurred at Repair the damage and improve the flow dissipation structure:
the outlet.
The receiving water Discharges from the site
are causing erosion or Contact the local NCDEQ Regional Office:
sedimentation in the
receiving water.