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SW8040806_Current Permit_20140714
AVA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, Ill Governor Secretary July 18,2014 Ashton Place at Brunswick HOA,Inc. Charles Smith,President 2502 South 17th Street Wilmington,NC 28401 Subject: Stormwater Permit No. SW8 040806 Name Change / Ownership Change Ashton Place Brunswick County Dear Mr.Smith: Effective August 1,2013 the State Stormwater 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 stormwater permits issued prior to August 1,2013 until they are modified. Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit On June 5,2014,the Wilmington Regional Office received a request to transfer the ownership of the State stormwater management permit for the subject project. Staff of DEMLR has inspected the project,determined that the documentation is in order,and that the project is in compliance with the terms and conditions of the State stormwater permit. As indicated on the Name/Ownership Change form,you have acknowledged receipt of copies of the permit (including the application and supplement forms),approved plans, Operation and Maintenance Agreement, the . designer's certification,recorded deed restrictions,and a copy of the compliant inspection report.By acknowledging receipt of the permit,and by signing the Name/Ownership Transfer form,you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been transferred on July 18,2014 and to remind you that this permit shall be effective until February 3,2019. For your records,please find enclosed a copy of the updated page 2 of the permit and a copy of the Name/Ownership Change form submitted on June 5,2014. Please attach this cover letter and updated page 2 to your permit originally issued by the Division of Water Quality on February 3,2005 and as modified thereafter. Please be aware that the project's built-upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans.Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement.Any modifications to this project must be submitted to DEMLR and approved prior to construction.The issuance of this approval does not preclude you from complying with all other applicable statutes,rules,regulations or ordinances,which may have jurisdiction over the proposed activity,and obtaining a permit or approval prior to construction. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans,please do not hesitate to call Steve Pusey with DEMLR in the Wilmington Regional Office at(910) 796-7215.jSinc ely, ..,06,,a_.,(-._:rD574 ForTra✓acy DXvis,P.E.,Director Division of Energy,Mineral and Land Resources GDS/sgp: S:\WQ\Shared\Stormwater\Permits&Projects\2004\040806 HD\2014 07 permit 040806 cc: Phil Norris,PE-Norris&Tunstall Consulting Engineers Wilmington Regional Office Stormwater File Division of Energy,Mineral,and Land Resources Land Quality Section-Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington, North Carolina 28405'(910)796-7215!Fax:(910)350-2004 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERALS, AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Ashton Place at Brunswick HOA, Inc. Ashton Place Subdivision Leland, Brunswick County FOR THE construction, operation and maintenance of two (2) wet detention ponds 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 February 3, 2019 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 100 lots, each allowed a maximum of 4,500 square feet of built-upon area. 3. Built-upon area includes, but is not limited to, rooftops, asphalt, concrete, brick, stone, slate, gravel, coquina, and parking areas, but does not include the water surface of a swimming pool or raised, uncovered wood decking. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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. 2 of 9 State Stomiwater Management Systems Permit No. SW8 040806 6. The following design elements have been permitted for the wet detention ponds and must be provided in the system at all times. POND 1 POND 2 a. Drainage Area, acres: 17.98 4.49 Onsite, ft2: 783,026 195,492 Offsite, ft2: 0 0 b. Total Impervious Surfaces, ft2: 469,816 97,746 Lots at 4,500 ft2: 373,500 76,500 Roads/Parking, ft2: 77,842 15,044 Other, ft2: 18,747 6,202 Offsite, ft2: 0 0 c. Pond Depth, feet: 7.0 5.0 d. TSS removal efficiency: 90% 90% e. Design Storm: 1" 1" f. Permanent Pool Elevation, FMSL: 30.0 36.50 g. Permitted Surface Area @PP, ft2: 27,822 7,289 h. Permitted Storage Volume, ft3: 44,626 12,004 i. Storage Elevation, FMSL: 31.5 38.0 j. Controlling Orifice: 2.5"f pipe 1.5" 0 pipe k. Permanent Pool Volume, ft3: 131,169 19,683 I. Forebay Volume, ft3: 28,857 4,535 m. Maximum Fountain Horsepower: 1/2 1/8 n. Receiving Stream / River Basin: UT Sturgeon Creek/ Cape Fear o. Stream Index Number: CPF17 18-77-1 p. Classification of Water Body: "C Sw" 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 verifying that the proposed built-upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. Page 3of9 State Stormwater Management Systems Permit No. SW8 040806 3. If an Architectural Review Board or Committee is required 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. 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 to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. 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. 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. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 040806 12. 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 040806, 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 4,500 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. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built-upon area due to CAMA regulations. 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. i. Built-upon area in excess of the permitted maximum amount will require a permit modification, and may or may not be approved. 13. 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. 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. 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. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/2 HP. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 040806 15. Prior to transfer of the 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. 16. 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. 17. 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. 18. 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. 19. 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. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. 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. 3. 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. 4. 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. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 040806 5. 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. 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 stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 3rd day of February 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION _..a.datA06.0eA 7cf...E_Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 040806 Page 7 of 9 NKT#04064 Permit No. 1l 0V-0 eo c State of North Carolina (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form,a wet detention basin supplement for each basin, design calculations,and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Ashton Place Subdivision Contact Person: Phil Norris, P.E. Phone Number: (910) 343-9653 For projects with multiple basins, specify which basin this worksheet applies to: Pond#1 elevations Basin Bottom Elevation 23.00 ft. (floor of the basin) Permanent Pool Elevation 30.00 ft. (elevation of the orifices) Temporary Pool Elevation 31.50 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 27,822 sq.ft. (water surface area at the orifice elevation) Drainage Area 17.98 ac. (on-site and off-site drainage to the basin) Impervious Area 10.78 ac. (on-site and off-site drainage to the basin) volumes Permanent Pool Volume 131,169 cu.ft. (combined volume of main basin and forebay) Temporary Pool Volume 44,626 cu.ft. (volume detained above the permanent pool) Forebay Volume 28,857 cu. ft. (approximately 20%of total volume) Other parameters SA/DA1 0.024 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 2.5 in. (2 to 5 day temporary pool draw-down required) Design Rainfall 1.0 in. Design TSS Removal 2 90 % (minimum 85%required) Form SWU-102 Version 3.99 Page 1 of 4 Footnotes: 1. When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the coned value for non- standard table entries. 2. In the 20 coastal counties,the requitement for a vegetative filter may be waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENR BMP manual provides design tables fed-both 85%TSS removal and 90%TSS removal. IL REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C.Department of Environment,Health and Natural Resources,February 1999)and Administrative Code Section: 15 A NCAC 2H.1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form,the agent may initial below. If a requirement has not been met,attach justification. Ap. ' • I is Initials a. The permanent pool depth is between 3 and 6 feet(required minimum of 3 feet). ���� _ b. The forebay volume is approximately equal to 20%of the basin volume. . The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required,a 30-foot vegetative filter is provided at the outlet(include non-erosivc flow calculations. f. The basin length to width ratio is greater than 3:1. . The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less(show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. . If the basin is used for sediment and erosion control during construction,clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. M. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT 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) 0 does 0 does not incorporate a vegetated filter at the outlet. This system(check one)0 does ►'. does not incorporate pretreatment other than a forebay. Form SWU-102 Version 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation,erosion,trash accumulation, vegetated cover,and general condition. b. Check and clear the orifice of any obstructions such that drawdown of temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately,re-seed as necessary to maintain good vegetative cover,mow vegetative cover to maintain a maximum height of six inches,and remove trash as needed. 3. Inspect and repair the collection system(i.e.catch basins,piping, swales, riprap,etc.)quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75%of the original design depth(see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality(i.e. stockpiling near a wet detention basin or stream,etc.) 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 5.25 feet in the main pond,the sediment shall be removed. When the permanent pool depth reads 5.25 feet in the forebay,the sediment shall be removed. BASIN DIAGRAM 011 in the blanks) p Permanent Pool Elevation 30 ♦ Sediment Re oval El. 24.75 75° Sediment Removal Elevation 24.75 v75% Bottom El ation 23.0 5% A Bottom Elevation 23.0 v25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50%of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Version 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven 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. Print name: Steven Cashwell Title: Member/Manager / Kigo Owe(o ,v e4t L(,� Address: 108 N. Kerr Avenue D4 Wilmington, NC 28405 Phone: 910-45 -9300 Signature: Date: ,�/� vc 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. I, 1,1 M(Irr13 ,a Notary Public for the State of 1\64k a r0l‘ y'c County of l cum _y ,do hereby certify that p S1evii Q i wt Personally appeared before me this c) day of OVPi11\ryt(' , il;4_,and acknowledge the due Execution of the foregoing wet detention basin maintenance requirements. Witness my hand and official seal. �t�luoutntetori a6 .4 S NO y oTA mit:re � tiE30'' o.o ""l�at�tFn�+l" SEAL Signature 41\A,b0 My commission expires U 3- C) (p - -1 Form SWU-102 Version 3.99 Page 4 of 4 NKT#04064 Permit No. 514 U FO4 State of North Carolina (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin,design calculations,and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Ashton Place Subdivision Contact Person: Phil Norris, P.E. Phone Number: (910) 343-9653 For projects with multiple basins, specify which basin this worksheet applies to: Pond#2 elevations Basin Bottom Elevation 31.5 ft. (floor of the basin) Permanent Pool Elevation 36.5 ft. (elevation of the orifices) Temporary Pool Elevation 38.0 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 7,289 sq.ft. (water surface area at the orifice elevation) Drainage Area 4.49 ac. (on-site and off-site drainage to the basin) Impervious Area 2.24 ac. (on-site and off-site drainage to the basin) volumes Permanent Pool Volume 19,683 cu.ft. (combined volume of main basin and forebay) Temporary Pool Volume 12,004 cu.ft. (volume detained above the permanent pool) Forebay Volume 4,535 cu.ft. (approximately 20%of total volume) Other parameters SA/DA1 0.035 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 1.5 in. (2 to 5 day temporary pool draw-down required) Design Rainfall 1.0 in. Design TSS Removal 2 90 % (minimum 85%required) Form SWU-102 Version 3.99 Page 1 of 4 Footnotes: 1. When using the Division SA/DA tables,the connect SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2. In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENRBMP manual provides design tables for both 85%TSS removal and 90%TSS removal. IL REQUIRED ITEMS CAF.CICLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C.Department of Environment,Health and Natural Resources,February 1999)and Administrative Code Section: 15 A NCAC 2H.1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form,the agent may initial below. If a requirement has not been met,attach justification. A t itials a. The permanent pool depth is between 3 and 6 feet(required minimum of 3 feet). b. The forebay volume is approximately equal to 20%of the basin volume. c. The temporary pool controls runoff from the design storm event. d- The temporary pool draws down in 2 to 5 days. / e. If required,a 30-foot vegetative filter is provided at the outlet(include non-erosive flow calculations. Q,..„---- £ The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. � _�- h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less(show detail). � i. Vegetative cover above the permanent pool elevation is specified. `_��., J. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. ��^i. If the basin is used for sediment and erosion control during construction,clean out of the basin is specified prior to use as a wet detention basin. x mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT 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 incorporate a vegetated filter at the outlet. This system(check one)0 does ®does not incorporate pretreatment other than a forebay. Form SWU-102 Version 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation,erosion,trash accumulation, vegetated cover,and general condition. b. Check and clear the orifice of any obstructions such that drawdown of temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately,re-seed as necessary to maintain good vegetative cover,mow vegetative cover to maintain a maximum height of six inches,and remove trash as needed. 3. Inspect and repair the collection system(i.e.catch basins,piping, swales, riprap,etc.)quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75%of the original design depth(see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality(i.e. stockpiling near a wet detention basin or stream,etc.) 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 roads 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. BASIN DIAGRAM (f`ill in the blanks) V Permanent Pool Elevation 36.50 ♦ Sediment Re oval El. 32.75 75° Sediment Removal Elevation 32.75 v75% Bottom El vation 31.5 5% A Bottom Elevation 31.5 v25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50%of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Version 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven 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. ITC.4 Print name:A Steven Cashwell Title: Member/Manager , \N26 DiZA/cf�pri ee t (rLC Address: 108 N. Kerr Avenue D4 Wilmington, NC 28405 Phone: 910-4 • 00 Signature Olir : Date: // o " A,Pi 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. I, km) S . N G f Pi S ,a Notary Public for the State of No4 ( _(:soli n a County of s Hanovur- ,do hereby certify that -.V 6\ +t Ye,;, 0.0,4.1:J.(1i hot Personally appeared before me this 3 day of tl V O _,iql Ot f ., ClU 4 ,and acknowledge the due Execution of the foregoing wet detention basin maintenance requirements. Witness my hand and official seal. e��VIAttltaeeaa/t e. /pB e7i ck„R�,.B..«,o„E egzeo oH�'y USL\`J Ati'N• ovEit "•�aauaaaaaot SEAL. Signature ilftAL4 My commission expires () " (le-09 Form SWU-102 Version 3.99 Page 4 of 4 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: 5c,..) 8 O Lf 0 $o(o 2. Project Name: Ash4o a f1rAcE 3. Current Permit Holder's Company Name/Organization: Ah-EaN flier Otoc live as Li_ C. 4. Signing Official's Name: eacipr l 0 . U a8 ,p Title: {iVlt gh'44F0 5. Mailing Address: P . 30-i. I5- City: on:Nelk State: N C.. Zip: ..9c1 10 8 6. Phone: (°li ) 391 91 ct tt Fax: ( 91G ) 3r1 I 9 9 II. PROPOSED PERMITTEE /OWNER / PROJECT/ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) [change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address/phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: AsWNo,+ Net gcukitoi. k i-t. -A ^.h 2. Proposed permittee's signing official's name: ehcRte5 S1-, t - Ac'r.t.ct �S P oe� 3. Proposed permittee's title: P fe5..oes c A� ,.$ ?i .� pT g dt. . � ,,A . wt 4. Mailing Address: Q ce sd r, t ' cr r e City: d t State: TA C. Zip: ,.)g i 0 ', Phone: (ql© )'3 i 1 Sbd Fax: (Am 1 '315--6,1?�1 5. New Project Name to be placed on permit: Al /14 pal-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) JUN 0 5 20,4 SSW N/O Change Rev24Sept2012 Page 1 of 4 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. Q heck here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. ,3.E1 kr S �.-c I, Sent .{9.txus0 for (�Ac€ O , the current permittee, am submitting this application for a transfer of ownership for permit# S[,s% 8 ob . 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 Q unless and until the facility is in compliance with the permit. Signature: Date: 5-hs y W- +-lam , a Notary Public for the State of Al. C . ,J , County of 81-14.„s , do hereby certify that 54 &Joao( personally appeared before me this the y5-'K‘ day of /14a.-y , 20 , and acknowledge the due ex� tion of the .! jowl' forgoing instrument. Witness my hand and official seal, (iv 10 ,, Not ignature • /, •': ; ? 6 a : Q � sr = SSW N/O Change Rev24Sept2012 Page 2 of 4 ISIv •• •• .... AO qi�����b/ IItoa°��``` V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership o i P}5tti�w- Q E c: 4Pun5•t�1��� I, ChNi S,rv� � Qccstp 1 , hereby notify the DWQ that I have acquired through sale, lease or'legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. acknowledge and attest that I have received a copy of: (check all that apply to this permit) 2 i most recent permit LLdthe designer's certification for each BMP 12-1y recorded deed restrictions, covenants, or easements the DWQ approved plans and/or approved as-built plans Erfhe approved operation and maintenance agreement pa t maintenance records from the previous permittee (where required) WQ 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 included, this application package will be returned as incomplete. Signature: attoko,0%41, M pleas. WNW 0.*- ,c ,,,At Date: 51 Dal ao14 I, a4)eAAOLTit la- E-{; , a Notary Public for the State of tic ecero M • , County of K191,6 IA-amover , do hereby certify that CANI'Ae% gcc c1 personally appeared before me this the. INA day of fAQ9 , 20 114 , and acknowledge the due es$cution of the forgoing instrument. Witness my hand and official seal, ``. �l. , ;I (Notary Sea , • .'•z, %tart' Signat)re F j CoNnMi5561 Criarrci 8 111106-• �•'•••.,..,.., , VIVIIEn 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 fisted 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. SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION 1`1 Ir _ 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: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Fax: Email: 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 assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: 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 SSW N/O Change Rev24Sept2012 Page 4 of 4 NICT oy©py State Stormwater Management Systems Permit No. SW8 040806 Ashton Place Subdivisiui l Page 1 of 2 Stormwater Permit No. SW8 040806 Brunswick County Designer's Certification 1,3-6tIn-Na IVbrrl s3. �. , as a duly registeredlr0 SSfl i&I En i h ./fin the State of North Carolina, having been authorized to obs rve (periodically/weekly/full time) the construction of the project, L\1-61 &L\A‘.Ntc i On (Project) for tIJ g bey() 1p YY J\ -) LL( (Project Owner) hereby state that, to the best of my abilities, due dare 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 are a part of this Certification. Noted deviations from approved plans and specifications: V))066 �L ( I 11� • Ess e /ma{ AL Signature Registration Number ti • p • Date , z o I f v 'war Li.IPsAw, 0 Np By. V .2 6 4Z) Zoo? Page 8 of 9 State Stormwater Management Systems Permit No. SW8 040806 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 runo drains to the system. 4. All roof drains are located such that the runoff is directed into the system. tlet/bypass structure elevations are per the approved plan. The outlet structure is located per the approved plans. Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. 9 Vegetated slopes are no steeper than 3:1. e inlets are located per the approved plans and do not cause short- circuiting of the system. 1 The permitted amounts of surface area and/or volume have been provided. . Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. . All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. . The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspections Page 9 of 9 G , - r,JL s `t �i I f)�.� I! 1II+III t11 P1212 ,z_,e_�m7 �, r .s�:,$vlaa��� C Register of Deeds' Robinson Isoof 2s "'^BLS 9e eye. 1 aharor 96 �R(i media s y: Presenter I Ret •,,: - .: p Gt,, Ck ak�fi►E pCesil n M /i, Cash$ Finance lJ U v A, OF.IJRxton menttmitlegllleduetOcondltbn ❑i. `:. cont.,spaisveminedbpott final , ins5vmentertca:^.not to reproduced or'opted. DECLARANT RESERVES THE RIGHT TO RESTRICT THE USE OF THE UNITED STATES FLAG AND THE NORTH CAROLINA TATEFFr g&-- -- (i) STATE OF NORTH CAROLINV g•ze0 -101E!lATION OF COVENANTS, COUNTY OF BRUNSWICK CONDITIONS AND RESTRICTIONS FOR ASHTON PLACE THIS DECLARATION, ,,'e on the date hereinafter et forth by Ashton Place Developers,LLC,a North Carolin`"-' ited liabiltrLor a, L. ereinafter referred to as "Declarant" n N .,, )` u, 1�6N10 6 lJ rI cI,gL WHEREAS,Declarant is the owner of certain property in Town Creek Township, County of Brunswick,State of North Carolina, and being more particularly shown and described on that certain map recorded in Map Book46,Pages 89 and 4o in the Office of the Register of Deeds of Bruns County,reference to s d plat being hereby specifically made which is more p'."'-:', lla�arly d--.. ' , c ibit A attached hereto;and WHEREAS, I '�J,- p Ashton Pla `�� � e, opedb ant as a planned community of single family ho erei u ^ F j:,,yi;'l es referred to the"Community"; 1 AIL and, WHEREAS,Declarant proposes to sell and convey certain lots or sections within the tracts above-described to be used for residential purposes and to develop said lots, and additional property which Mbezcquired by DDecl ant,into a planned community;and F�C WHEREAS, Declarant e u certain mutual and beneficial restrictions,covenan and con es(hereinafter collectively referred to as"Restrictions")for the benefit and comp ent of all of the lots in the 1 % �OG1y/QO d0�61¢ vvezet g CCgQ� ECEI V E aog MAR 2 0 2014 asoa�eLR\t�'t IIIEI1III�IIIIIIII II �II�IIIII Robert d. Reb:non �1� �1 1 ms-�-zm®a 4 11.40:20.000 ( a •�t�y„�t Brunowlek unty, NC ogister of Deeds W9e 1 of 31 411 .:MOWN i; WIN `A44 fir ._ Finance no to r rditon !r.• - - '`p oind orrx,Fied. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR ASHTON PLACE THIS AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,AND RESTRICTIONS of Ashton Place is dated for purposes of reference only this th day of ,2008,by the Ashton Place Developers,LLC,a North Carolina limited liability company hereinafter referred to as"Declarant". WITNESSETH: WHEREAS,the Declarant,Ashton Place Developers,LLC,a North Carolina limited liability company,by recordation of various plats in the Brunswick County Registry,subdivided and submitted certain properties shown on said plats for the purpose of development of single family home sites. These properties are part of a planned development known as"Ashton Place"as shown on the subdivision plat recorded in Map Book 46 at Pages 39 and 40 of the Brunswick County Registry. Properties within Ashton Place have been subjected to Protective Covenants recorded in Book 2717,Page 1212 of the Brunswick County Registry(the Protective Covenants). Article VIII,section 3 of the Protective Covenants allows for the amendment of the covenants and restrictions by recordation of an amendment to such Protective Covenants upon approval of not less than two-thirds of all Lot Owners;and,further that the Declarant may amend at any time during the Declarant Control Period without the consent or joinder of the Owners or the Association for the purpose of correcting clerical or typographical errors or for clarifying or correcting inconsistencies between the Protective Covenants,the Articles of Incorporation and the Bylaws of the Association. There are presently nineteen(19)Lots within Section i of which fifteen(15)have been conveyed and sold to Brookside Homes,LLC,a North Carolina limited liability Company. That Brookside Homes,LLC consents and joins in the approval of the provisions of this Amendment to the Protective Covenants. Article VIII,sections 3,7 and 21 of the Protective Covenants and pursuant to the 1 11g 1181I II11i 1ol 111ll 11 ,41 ilr lobar fl l o InlnS n f 310 Declarant further reserves for itself,the Association,the Board or its agents an easement and rights of ingress,egress and regress,on over and under the Properties to maintain and correct drainage or surface water run off in order to maintain reasonable standards of health,safety and appearance. Such right expressly includes the right to cut any trees,bushes or shrubbery,make gradings of the soil,or take any other similar action that it deems reasonably necessary or appropriate. After such action has been completed,Declarant or the Association shall grade and seed the affected areas and restore the affected property to its original condition to the extent practicable,but shall not be obligated or required to replace any trees,bushes,sod,or shrubbery necessarily removed. The reservation contained herein shall not be deemed to obligate the Declarant or the Association to maintain,repair,or correct deficiencies in the stormwater drainage and collection systems within the Properties once such systems have been conveyed or transferred to the Association or to any governmental or quasi- governmental agency or entity. Section 2. Easements for Governmental Access. An easement is hereby established over the Common Areas and every Lot for the benefit of applicable governmental agencies for installing,removing,and reading water meters,maintaining and replacing water,sewer,and drainage facilities;and,for acting for other purposes consistent with the public safety and welfare including,but without limitation,law enforcement,fire protection,garbage collection,and the delivery of mail. Section R. Easement and Right of Entry for Repair. If any part of a dwelling is located closer than five(5)feet from its Lot Line,the Owner thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably necessary to perform repair,maintenance,or reconstruction of such dwelling. Such work shall be done expeditiously and upon completion,the Owner shall restore the adjoining Lot to as nearly the same condition as that which prevailed prior to the commencement of work. Section 4, Easement Over Common Areas. A perpetual,nonexclusive casement over the Common Areas is hereby granted to each Lot and its Owners,family members,tenants,guests and invitees of such Owners for the purpose of providing access,ingress and egress to and from the Common Areas and for the use thereof. ARTICLE VI ARCHITECTURAL CONTROL COMMITTEE PROCEDURES Section i. Architectural Control Committee. All duties and responsibilities conferred upon the Board or the Architectural control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee,so long as Declarant shall own any lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment of Declaration. The Architectural Control Committee shall consist of at least One(1)person appointed by the Declarant who need not be a Lot Owner of the Association. 15 !i!LIlk!11!iI i1r: Section 2.Submittal of Plans.At least thirty(3o)days prior to the anticipated commencement of any landscaping or construction or addition of any structure,fixture or improvement on any Lot,the owner of such Lot(or his duly appointed agent)shall submit to the Chairman of the Architectural Control Committee ("Committee")a survey of the Lot,which survey shall show each Lot corner.There shall further be shown on said survey the proposed location of all proposed and existing structures or improvements,including driveways,patios,decks and walkways and existing trees or other landscape features. There shall be further provided to the Committee sufficient building elevations and landscape plans,including a statement of exterior building materials and proposed exterior colors,and such other items as to allow the Committee to appropriately and accurately evaluate what is proposed for construction on the Lot.The location of a proposed well(if any)shall also be delineated. The survey,building elevations and landscape plans,shall be of professional quality. There shall be submitted two copies of all information required to be submitted. Section a.Standards for Approval.Within thirty(3o)days after receipt of all required information,the Committee shall notify in writing the owner of the Lot whether or not the requested improvements are approved. Unless a response is given by the Committee within said thirty(3o)days,the plan shall be deemed approved.The response of the Committee maybe an approval,a denial,an approval with conditions or a request for additional information. A request for additional information shall be deemed a determination that the information submitted was inadequate,and the thirty(3o)day time for response shall only commence upon receipt of the requested additional information.If approval with conditions is granted,and construction then begins,the commencement shall be deemed an approval by the owner of the Lot of the conditions imposed.No response shall be required from the Committee unless a submission contains, on its face, the information required to be submitted as more fully set out hereinbefore. The Committee shall approve the plans as submitted,if all required information is submitted,and the following affirmative findings are made by the Committee: (i) that the improvements sought to be constructed will not have negative economic impact on any other property within Ashton Place;and (2)that all required specific building standards and other conditions contained within the Declaration of Covenants and other applicable documents have been met; (3)that the improvements are architecturally compatible with other approved improvements on other properties within Ashton Place; (4) that the natural features of the Lot have been retained to the maximum extent feasible;and 16 I IrI II III'ulllllIIIIJjJI�IIIIy. III ter of DeaPptf�:1 page 3: se of a e (5)that the impervious surface limitation coverage proposed on each Lot is consistent with the requirements of the Division of Environmental Management Coastal Stormwater Regulations as more fully set out hereinafter. It is the intent of Declarant for there to be an architectural theme or style within Ashton Place which theme or style is to be a southern architectural style,which style may further be low country or may not be low country, as such terms and styles are traditionally understood by the architectural profession. In evaluating plans, and in determining whether the standard imposed by this section has been achieved,evaluation as to this architectural style shall be permitted by the Committee;however,the Declarant or its designee during the Declarant Control Period;and thereafter,the Board shall be the sole arbitrator as to what is to be traditional southern style architecture.The Committee is further specifically authorized to create and upon approval of the Board to publish particular construction standards which standards and features shall be made available to the owner of any Lot requesting the same. Notwithstanding the procedures contained within this Article VI,review of proposed minor construction or proposed improvements to existing structures,or minor landscaping,maybe delegated to a sub-committee and maybe reviewed in accordance with abbreviated procedures adopted by the Committee,approved by the Board and published from time to time. Section 4.Contractor.Because of the desire of Declarant on behalf of all Owners to provide a uniform quality of construction,and because of the need to control lay down yards and other contractor facilities due to the limited availability of land,the Committee reserves the right of approval of the general contractor selected by Owner to construct a primary residence on any Lot.The Committee shall maintain at all times a list of approved contractors available for construction on any Lot.Such information shall be made available to the Owner of any Lot upon request. Neither Declarant, the Association nor the Committee guarantee or warrant any work performed by any contractor approved by the Committee,the Association or Declarant.Each Owner shall submit with his application for approval a statement of said Owner's selected general contractor;if the general contractor is not selected at that time,the name of the general contractor shall be submitted and approved prior to commencement of construction. Section 5. Right of Appeal.Any owner disagreeing with the finding of the Committee may appeal the decision to the Board of Directors of the Association by giving written notice of appeal to the President of the Association within fifteen(15)days following notice of denial(or notice of imposition of conditions unacceptable to said owner).The Board of Directors of the Association shall then review the plans,giving the Chairman of the Committee the opportunity to present to the Board of Directors of the Association specific reasons why the plans were denied,in the presence of the owner or his agent,and the owner or his agent may present information challenging the findings of the Committee. The decision of the Committee shall only be overridden by majority vote of the Board of Directors of the Association. 17 I111111111111111111111111111I 1111 RJRphis -2 am Brunswick County, NC is sr of Deeds page 19 of 31 typing or reproduction;(3)to qualify the Association or the Property,or any portion thereof for tax-exempt status;(4)to incorporate or reflect any platting change as permitted by this Declaration; or (5) to conform the Declaration to the requirements of any law or governmental agency having jurisdiction over the Property. Section 4.Exterior Maintenance.In the event an Owner of any Lot in the Properties shall fail to maintain the improvements situated on said Lot in a manner reasonably satisfactory to the Board of Directors, the Association shall have the right, through its agents and employees,to enter upon said parcel and to repair,maintain,and restore the Lot and the exterior of the buildings and any other improvements erected thereon.The cost of such exterior maintenance together with a twenty(2o%)percent administrative charge shall be added to and become part of the Assessment to which such Lot is subject. Section N.Storm water Runoff.The State of North Carolina has adopted Storm Water Runoff Regulations applicable to the Properties.In accordance with such regulations, the total amount of impervious surface as defined by the Storm water regulations of the State of North Carolina,is limited on every Lot.The limitations are set out on Exhibit C attached hereto in addition to the other requirements for compliance with State Storm Water Management Permit Number 8W8o4o8o6,as issued by the Division of Water Quality. Declarant,the Association and the State of North Carolina shall have specific authorityto enforce the provisions of the North Carolina Storm water regulations,and each Owner shall be required to limit the amount of impervious surface on any lot owned by said Owner as set out on Exhibit C attached hereto. Further in accordance with these regulations the Declarant has engineered a storm water plan for all of Ashton Place which includes natural drainage patterns,swales and detention ponds for the general flow of storm water. Each lot Owner shall be required to develop and maintain his lot in such a manner that is consistent with this storm water plan. Section 6. Government Permits. Government permits for the development shall be assumed by the Association on the following terms and conditions: A. General.All duties,obligations,rights and privileges of the Declarant under any water,sewer,storm water and utility agreements,easements and permits for the Planned Communitywith municipal or governmental agencies or public or private utility companies, other than storm water permits,shall be the duties,rights,obligations,privileges and the responsibility of the Association. B. Storm water Permit(s). The storm water permit(s)for the Development cannot under the regulations of the NC Department of Environment and Natural Resources (DEHNR)be transferred to the Association until after termination of the Declarant Control Period. The Association agrees that at anytime after the Developer is permitted under the DEHNR regulations to transfer the stormwater permit(s) to the Association, the Association's officers without any vote or approval of Lot owners,and within io days after being requested to do so,will sign all documents required by DEHNR for the storm water 19 11j1111111111111111111111111111111111 Rebert .1. Ra i1 soo6.20.e0e runsriek County, NC Register of Deeds page 31 of 31 EXHIBIT C STORM WATER MANAGEMENT REGULATIONS IMPERVIOUS SURFACE COVERAGE 1. The following restrictions and covenants are intended to ensure ongoing compliance with State Storm water Management Permit Number SW8o4o8o6,as issued by the Division of Water Quality. 2.The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the storm water management permit. 3.These covenants herein run with the land and are binding upon all persons and parties claiming under them. 4. The covenants pertaining to storm water 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 State of North Carolina,Division of Water Quality. 6.The Maximum Built Upon Area(BUA)per lot is 4,50o square feet.This allotted amount includes anybuilt-upon area constructed within the lot propertyboundaries,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. Lots withing CAMA's Area of Environmental Concern(AEC)maybe subject to a reduction in their allowable built-upon area due to CAMA regulations. 8. All runoff on the lot must draft 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. 9. Built-upon areas in excess of the permitted amount will require a permit modification. 31 I.SHEMIN D.CRIBB,CERTIFY DIT THE WIP WAS DRANK I,SH EM N C1R�,CERTFP TINT THIS MAP CREATES A SUB NORTH MIA NEW HWO 8 OMIT OTTERS UNDER MY SIfPEiV51DI1 FROM OF IAIA MIN ME AREA OF A COWRYR A M 11IIHICPAl1R'THAT AN ACIIML SURVEY HIDE 9Y YE AND OTTERS UNDER MY OF NI ORDNANCE TWIT REGULATES PARCELS OF MD IN 4 MARY ELLEN SUPERVISION;THAT TIE PRECISION OF THE SURVEY ASDDISMORE,A NOTARY PUNK FOR NEW HYPER COUNTY,NORTH WOLIN,DO HEREBY G,�,! to 4r „ CALCULATED EN COMPUTER LS 1:10000+l THAT TH6 IMP AbRDMICE NM G.S.47-70Q11)L CERTIFY THAT SFIEIWN D.CRIBB,A PROFEESUOL DAD SURVEYOR,PEtSCNILY APPEARED BEFORE TIE THIS . ,FA A 1,d, WAS PREPARED N ACCORDMICE TIM GS.47-30 AS f 1 a'.;;04 CR4044 // r * el ACKNOWLEDGED THE DUE ElEg1fI0N OF DIE FT1tEGONG INSTRUMENT. _ aIFMAD je WITNESS MY IIAIA NM SEAL TFLS DAY OFF O / /��1��i•. �� . L_AIJ •. .4'...!;.K. 3'A. LIMA AND OFFOL SEAL TH 5 THE S DAY OF Dec. .20 I�11�' ,,,./._ ' _ _ Q Nii SIIEtWN D.CRIBB `olulliungi tl 'SIEIRMN D.CRBB SEA $ E N.C.PROFESSIONAL LAND SUVEYOR Na L-1099 dEJ►L 1.16 %% N ���� SITE N N 0. SURVEYOR kb. 1- W gge r _ L-1000 ��/-�y� ,a Raw M PROFiSSI1ONAL IAHA L- rr: z- aorgy �J�ELIE? '„i48 PUBLIC N _ MM �v tea;.s F K s Z NeLlo AI )IPFES:JIME 25,2012 A1AGlgLN aa� �i tom: , ll� �, ._ ©� /yqN a,� GREBis ti; /g110VfE1R 1 .`, �y� �` CERTIFICATE OF APPROAIL OF THE DESIGN AND INSTALLATION OF STREETS,UOLRFS,ME OTHER REWIRED a % $ ) ` ' ` °B ._�?[� I HEREBY CERTIFY THAT ALL STREETS UTRITES AND OTTER REQUIRED�PRONpE105 HAVE BFEl1 INSTALLED J1,�- lOG _ IN A INNER♦FPROVFD LfY 11E APPROPRIATE STATE OR LOCK AUTHORITY MD ACCORDING TO TORN \ten Vr RO NOT TO SCALE .7''7:- SPECIFICATIONS NM SWARDS N THE ASHTON PINE ME 1 SUBDN90N OR VAT GUARNITEES OF THE Nfeeye, NowaRwlulauv NSTN1Al10N OF THE REQUIREDWPROVETE IN AN MOUNT DIMi AND NUMB SATISFACTORY TO MONKaC{1� > BEEN RETx�,AND TWIT TIE HMG FEE FOR TITS PLAT OF ASHON PUNE ROSE 1 WS S.IZ 1/ 60, BB PAN 4%11.4 ' ' ........... •_ 2 55?VZ���Gl THIS PLAN HAS BEEN REVIEWED �.rI nn nn(�]��_i G L,asawpacza SUMMON ABIL SITTATOR FOF+EASEM NreoNLYANo V :' EASEMENTS is oNL°r�BY°ThE _ _ _ ' TIE MENSES SURVEYED IS NOT / �ETaiY WIT+A FLOOD HAZARD AREA 4 COUNTY ENGINEER • -`_ at�af _ ACCOREING TO THE FLOOD FUTURE DATE ENGINEER �W ° DEVELOPMENT NT l, g t.j.joet ` IZ/Lo/o7 NSURViCE RATE MAP MR D +gyp _'� = _ ,,.* 'E 1r �5F,L l° - ! BRINISWIC3C COUNTY,NC • � n N _ _ �M / \ +i `.R, 1 I 4'E 6 plow PNEL No.370295 _ _ A'keEab� A Nt 15D0 k+ 2187 J A 2188 J.EFFECTIVE _ �M7111 �w ar A ��rJ I/8' JUTE 2,2006 �% NfOk ,E f�y'vf14 f�,_�_ \ 3 eY � ,• Y_ $ NOW OR FORICRLY r �sg7$` .. N ssrE _,�Y_ ` •T,I � /4.i. / •` -�K` TIE RIIRCH OF UTiBi E' Mf - V�4% r 0.25A IL LOIN 3/ 4'_ V ` DAY SANTE WHOP PRICE 1pinyl� r c / it022aea a LOTNAI1 �cl�G° oeooNEzfPACEax / \4a ' �I \ / / 021 AT ,?G�� ...i. �... -7 0 —i 22.48 Aces TOTAL tr r � :> A w u,.� q�,�� ROADS:428Aoec 76.8a 75"197TE r f� • 1 /"�A` I 0.19Avei`• / .:.-, g2 ""+7F 614�_ LOTS 9.81 Acres 01.1P v`r / i02'1laPW N09'A91s'W Npi'9Pl1•W 10Sa m �! I I IATNN 1 �. `•' COMIMAREAS:1.65AcRb �� - jfEUAef PARK 1 z 1 / 021 Acres ! �''v _�. N �7 W ,' 41 yL �].�yy SOC1aZ1'E �1175'aT17E a 0.18 Ames _ r. r g' II BermeE •N,a9 10.1a1' 1 ~ Se OISE1 Cb ° , pp/l ('•ALL /0.19Aaep ! 1BPN ',R5 . �9e g amvlDSW i' 2 y�5 rLOTA4 ;rE e1Da Fll11!!dE1Jm s W�� ff %l J'G- 1 021 ADsa 6 3/ 1 �fNOTES: DEVELOPNBV7 f i g�1a /g Q QT � /0 •. -,�rafC�Ei POINT ,,,,a}� BMW— pf,�e , � ` W ! A r I� 0.18Aase l�$ Lam A ZOMNGCLASSIFIC.ATION:R600D _ � vlant��' �►= �Nr. is Mar •0, � I r :!! 1. 0.17Aapa r POND 0.10kris J J ' varirIt_ _. 74- 'ei� \\ 1 1 = 1 SEfBAgRS: _ _ _ �Mlq� f ! salaraa•E slTivxw FRONT:25 i '! ' 'I - 1 „•,L41,94sf J �'[,Jr��C4 "I DA / CFk2fA0' a 1N�877 w' ��/i8I#R SIDE:S �= ' �`f0 I l i � Low W swam a1a13a pkTow 7 r/' rt� I l A CHIN N E \ "'DSO'per,^�R sarzf4-rw I071t1 E w 8 . COINER 1S 30.00. _i ! ' ;I LOT MO / '� 3 I fe \ Ai BC E N q MIT EMINENT Rbppa7 f41B 3/4" TfBtEARENOGE00EDICMONUMENTS w IE t $� D2TAaes N LOT. 3 I \��0 H fo a E w g f• h1r WITHIN 2(1DD FEET OF THIS TRACT l i N4 m Sr 024A019a /A: Lards*, r1 `BAR NCa'afaSE ND1'ad96'W Nam,E w E / WIC, FUTURE zl Ai, s 022Mes T :)- 5'[v /'?"G� �+ela°' _ =aiaa.bT • 41+fE.kc �p'p,�„�9' n'N@,F OEI,&l7PN�V7 1 /�,.`V J L 3 �t N• 1f 1 0.17Mes �elg LOT1B8 I i 4 . E. A !S o /3 10'd7 w /8'_ -�_ s+sf . m 1 = lll.- 0.16AA7pp �$D.15TA �1 D ..1.14.t47a4aNr®Nf./t y As♦RroOWNER NPiAc/oEVBOT�E3t ... ' jes S E ► ` ��C0.7E` ,av ^rt R 1 _ 4 DEVELOPERS,LLC v f P.O.00X 3850 E>oslaxi a .te COMMON AREA "/ MILLINGTON,NC 28108 r� sx� APPROVED•BRUNSYYICSI�` (� ., —lF POIn 910 983091i0 _ C0UNTYPLANNINo 77-'� .�., o28AdBe NJ ' '- 71 are¢ ti S,�-„cP AZALEA PUMAESTA7� ` y'�' Ms • s ��V �� TNA` ! '°`1 N IIIIINII IIII IIIIII11111 B ? ,� �-0 / U7 ua rlek Y. NC DeAs papa 1 of Z I O 1 pow M [�, , ASHTON PLACE �, l�I1vJ_Na ;'' CERIFICATE OF OWFERSIIP,DEDICATION AIM JURISflICipN / SECTION i TOWN N CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS REAM , -«r CERTIFICATE K TOWNSHIP EPPROPERTY SH CERTFY I NI MD HERE AOE ME)DE N /' BRUI�TS�I®UCH' NORTH CACWLIN® TINT I(ME)HERBY ADOPT DE P1AN OF SUMMON BRUNSWICK COUNTY NORTH C511IOUNA I, r . REVCO/OFFICER 1Q,��DIRUNSIWCK SCALE: a = 00 NOVEI®ER 30 �U07 COUNTY N.C. «� THAT 11E MAP T(T�: r °�L (OUR)UWN FREE CONSENT.ESTABIl9i MRYNAI Q ;� 1 RUED FOR 110N ON THE__ *ICH THIS CERTFEATE IS/MED Kati t).1-'���C,,G SEEKK URES,AND DE EME ALL SMITS'ALLEYS.WALKS' - 94 til AM/PM.AND DULY RECORDED N MAP BOOK AT SEATUFORf ApRTS FOR; «� "+', ;` ' WiRxS WA OTTER SRFS TO PLOW OR PIRATE 115E AS NOTED. Q * •II Scar 1'- .., —AT PAGE — Win c/i16 �_��/� ((//yftAg FINDFIER I(WE)CERtFY,HE LAND AS R_ MAP REI M OFFICER SWAM HEREON Is WRHN THE PLATTING JURISDICTION - OF IHRINSNACIC caNn N.C. L1. 1,I 'INERT J.ROBINSON Mvl r`G' 2 4 SMUT D. C1DBB REGI OF DEEDS M u"v+ ` IAAND SOB9SYOE No. L1099 '= OMER 1144 SlItP4ABD 1ME . ` r WILMINGTON, NC 28412 l , _ 010-791-0000 r SFEET 1 al2 111Jx/ DBINE - unlimml�Ilrliiii ,�1r6�-e:0 W I Brunswick Coup Y, !s sr of Di• 'page 2 of 2 = LEGEND I ' f 1 , ���g�r' E1 w 1 Nagr,; MO G� _____CENTERLINE / I Ly.., —--—RIGITPOFNOIY , / , NOwa1P01BeBr � .��. LOT2 NHL 10ffi' �� NOW OR FORMERLY I ———EASEMENT / DEMON OF f;07PER1YFOR—X—%—X—EOSINS PENCE / / BOOROfPAGENN r N `I+' 0 EOSINS IRON PIPE a�, f�6 YVETIE SWIM 1Ij '8 ___5.:L ECM O E)OSTING CONCRETE MONUMENT ' , `n ::TIN,, NAP BORN 1B PAGE 220 • RNLROADSPIOaET �' _ _ _ _ _ _ No roi :1j;,8- C ffi • /MILRO IRON PIPE SET saki �•- ' - — — — _ _ _ - N14 I • CONCRETE mum N CASTING SET $ "1 'F f841 7 I �' �/ e - .. ............L............ FUTURE /. DEVELO ENT / 100091NWIRI OIE '�'�n1MM /1 4° f amp W10.Tf U UU &•;raa.r• ax.[ts _ 1PUR11YEWBEfif - BOPIDY,E 414.ffi — 3 _ /� F NI4 MOW E N0111710'W 414ffi DUNLOP DR10E 50' PRNATE R/W &wslc wow IMENENT °1 Cn 1 2PNR1'E E7r `r 1- & _/ 60' W a01' z/ m B1/ / i 1 FUTURE,' DEVELOP/ENT' `°�:_ ,viii��N I ` \� M 'e �� 8f0sr�w rig! Z[rir / DEU9 Cp -.._-I 1 WITh B / .tY/$ NdYPIPW 1d10 NOIYO'1D`W 181D1' Iptdisla I \ k4„ �- / PHWOEOI0IBIIIOE EABBBIif ��` 47` _- S Bd'1sxrE 2IU I I FUTURE __ llainia �, / .* I- « I DEPELDPUENT �+Osiw�E N / a COMMON AREA '` rc, ��L' I - �/ ; �W ft! D I if \\ ' / S \ ffiABVIE\� i 1 I IW I I 1 ; �`//3. II sAr VTEI rut' esol / , �R \\\\R WT.31' 6` ao 3 # \ �4g��F^a! NOfOPm'W N01'$i01'E NQITR�W� N@'i2KW N61'785Cw / , OD'2HM'Nr z 1 r. "I 4 '1 E ` \ 4 �x,d+ p � �RRn;RRMoir U1 \ . \ NOB'Of12'E41'42 ,17 1�.1. 1 7A'PRNAIE ORAWVBE FAl1ABIf / / 1g _v S•U 12' y 1 11 uss. ` ` 141 o►" Aamm �I tl g1v w\1Uv Q'E $ E sonny E / KW eraf NOW ONFOIN84Y w 1� ti, - W tot j 68'OBE!?E 14M N'�'1 yy4 For* R.WID CZ 944. _ N,B'Q•De 1�1I 1 I KCN�A1 ti4i,00 BOONO211PAOEW00 // i. al I < ����11pp1119'0164w WV MINE / lti 1I IDEVELOPMENT Nd la4PW NOwaaa�lalelLr 'i, \+�\� 1 I d ONDf1o3i - g �\y�. I 1� I _ BOOK ROE PACE OE SB1PE 1atAf ‘5 I Ili [� : f 'dam_ J r i-- #,.."1(3 t +�v� 2 Ije 1-- I � rtr • fps r VI rg�r�U Ay 1 1 m1 I r i '-',,�11 $pos 081$µ�SYE .o ,- r I % r, 41g / yfill `r'�5(� "` y♦ 2 r eama. ....... ;rosy- -�„i i • ASIITON PLACE — — / '"� —__—— - "� _ i l 5.E SECTION 1 —4-*--..,,,. '' -,�G, _ `-aIMMO — g+� TOWN CREEK TOWNSHIP 8p� e,w 1 r'��, DEVELOP1�Nr - — BRUNSPICK COUNTY NORTH CAROLINA Ep SCALE: 1" = 60' NOVEI BER 30, 2007 1 BO o ea 120Ell g+ RESERVED STRIP I � ill#mNOW CR FORMERLYJACOBS EIP + I I Subic,'_&,'— _ .,.,, ' " ROOK dtePAf$00'A O ��� t;�g1 fi 90AT I I - "�`— -- I .....7 SDI•D1N D.CRD18 - - 441 gM�rs° , T I Iui N.C.PNOP�ONIL LAND SURVEYOR No.L10 r, BIhNNFi'�" i 1 q I "2" z - - _ _ /,�� T 1 -2i- I MI1 I 1144=YAED BLVD. \aIN D;„ '` ----A �(�`�1 TIII2D10G1DN,NC ED412 :'"=' nn nn- 1 �, -22- , I pg D10-7D1-OODO 1 V1--- .,,,,_\'r \ PARKNIOOD ESTATES + SNEEf2o12 E I 1 MAP000K10 PAGE 125 1 -20 1 \ I -3- 1