HomeMy WebLinkAboutSW8001114_HISTORICAL FILE_20010327 STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 oo
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
V'HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE Rw l 03 d l
YYYYMMDD
Depa ¢%.arolina
Department of Environment and Natural Resources
• •
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 27 2001
Mr. John Koenig
6200 Ramsey Street
Fayetteville, NC 28311
Subject: Permit No. SW8 001 114
Regency Park, Section I @Williamsburg Plantation
High Density Subdivision Stormwater Project
Dear Mr. Koenig: Onslow County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Regency
Park, Section I @Williamsburg Plantation on March 26, 2001. Staff review of the plans and specifications has
determined that the project,as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 001114, dated March 27, 2001, for the construction of the project,
Regency Park, Section I @Williamsburg Plantation.
This permit shall be effective from the date of issuance until March 27, 2011, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30)days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 2761 1-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions,or need additional information concerning this matter,please contact Linda Lewis,or me
at(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:arl S:\WQS\STORMWAT\PERMIT\001I14.MAR
Cc: Dave Newsom, P.E.
Mitchell Parker, Onslow County Inspections
Linda Lewis
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext..Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
State Stormwater Management Systems
Permit No. SW8 001114
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WA,rER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
III accordance with the provisions of Articic 21 of Chapter 143,General Statutes of North Carolina as amended,and
other applicable haws, Rules; and Regulations
PERMISSION IS HEREBY GRANTFD TO
Mr. John Koenig, Owner
Regency Park, Section l c�Williamsburg Plantation
Onslow Couruy
FOR TI-IE
construction,operation and maintenance ofa wet detention pond in compliance with the provisions of 15A NCAC
21-1 .1000 (hereafter referred to as the "slormtoaler rules") and the approved stormwater management plans and
specifications and other supporting data as attached and on life with and approved by the Division of Watcr Quality
and considered a part ol'this permit.
This permit shall be effective from the date of issuance until March 27, 2011 and shall be subject to the following
specified conditions and limitations:
1. 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. ']'his stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. 'file subdivision is permitted for 32 lots, each allowed 3,000 lit
square Icet of built-upon area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. This pond treats runoff from future areas. Those future areas must apply for and receive an offsite
stormwater permit prior to any development.
2
State Stormwaler Management Systems
Permit No. SW8 001114
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name: Regency Park, Section 1 @ Williamsburg Plantation
Permit Number: SW8 001114
Location: Onslow County
Applicant: Mr. John Kocnig
Mailing Address: 6200 Ramsey Street
Fayetteville, NC 28311
Application Date: March 26, 2001
Name of Receiving Stream / Index 4: New River/ WHO 19-1
Classification of Water Body: "C NSW"
If Class SA, chloride sampling results: n/a
Desion Storm: I"
Pond Depth, feet: 6
Permanent Pool Ilevation, PMSL: 19.6
Drainage Area, acres: 26.27
Total Impervious Surfaces, I'll: 400,512
32 lots at 3.000 IV ft': 96,000
Roads/Parking, ft2 87,725
Future lots, streets & Sidewalks, ft' 180,676
Offsite Area entering Pond, it': 16,771 ff`, per Engineer (existing Williamsburg Parkwa)')
Required Surface Area, Ft': 21,170
Provided Surface Arca, ft 21,200
Required Storage Volume, ft': 34,806
Provided Storage VOILIme, ft': 35,000
Temporary Storage Elevation, FMSL: 21.13
Controlling Orifice: 2"� pipe
3
State Stormwater Management Systems
Permit No. SW8 001 114
IL 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 ofthe stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
2. The permittce is responsible for verifying that the proposed buill-upon area for the entire lot, including
driveways and sidewalks, does not exceed the allowable built-upon area. Once the lot transfer is complctc,
the built-upon area may not be revised without approval from the Division of Water Qualily, and
responsibility for meeting the built-upon area limit is transferred to the individual property owner.
I If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA
limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not
relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
4. The following items will require a modification to the permit:
I
. Any revision to the approved plans, regardless of sire.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
C. FUrlhel-SUbdivision,acquisition,or sale ofthe project area.The project area is defined asallproperty
owned by the permittee, for which Sedimentation and Erosion Control Plan approval 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 ofthe permit. Within thetime framespecified in the notice,the permittee shall submita written
time schcdule to the Director for modifying the site to meet minimum requirements. The permittce shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
7. "file stormwater management system shall be constructed in it's 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 ofthe 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. Decorative spray fountains will not be allowed in the stormwater treatment system.
11. 1 fthe stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as it stormwater treatment device, and prior to occupancy of the facility.
12. Unlcss specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
4
State Stormwater Management Systems
Permit No. SW8 001114
13. Prior to transfer of the permit, the pond must be inspected by DWQ personnel, and determined to 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.
14. The permittee shalt at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. "fhe 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.
C. Maintenance of side slopes in accordance with approved plans and specifications.
I'. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
15. Records of maintenance activities must be kept and made available upon request to authorized pasonncl
of DWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built-upon area per lot to the
amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the
form:
it. "'file maximum built-upon area per lot is 3,000 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 surlace of swimming pools."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not lake place without the
concurrence of the State."
d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built-upon area due to CAMA regulations."
e. "All runoff on the lot must drain into the permitted system. "["his 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 naturally drain into the
system are not required to provide these measures."
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the (laic of
recording the plat, and prior to selling lots. The recorded copy must bear the signature oflhe Permittee, the
deed book number and page, and stamp/signature of the Register of Deeds.
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.
5
State Stormwater Management Systems
Permit No. SW8 001 114
19. A copy of the approved plans and specifications shall be maintained on file by the Permittee fora minimum
often years from the date of the completion of construction.
20. 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.
Ill. GENERAL CONDITIONS
I. This pennit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division
of'Water Quality accompanied by appropriate documentation fi-om the parties involved, such as a copy of
the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case
ofenginecred systems,will alsoberequired. The project Ill List bein good standing with DWQ.'file approval
of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may sub,jcct the PCr111tlCe to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which havejurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The permit may be modified, revoked and reissued or terminated for cause. The tiling of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
6. Permittee grants permission to staff of the DWQ to access the properly for the proposes of inspecting the
stormwater facilities during normal business hours.
7. The permiltee shall notify the Division of any name, ownership or mailing address changes within 30 days.
Permit issued this the 27th day of March, 2001.
NORTH CAROLINA ENVIRONMENTAL MANAGIiMEN'I' COMMISSION
ZAZ &k
err "f. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 001114
6
J'OHN L. PIERCE & ASSOCIATES, P.A. [� 1�
Land Surveying- Land Planning- Mapping RECEIVED / p
P.O. Box 1685 MAR l 6 2001 l/"
409 Johnson Blvd. letter of transmittal
Jacksonville,N.C. 28541 BY;
Office: (910)346-9800 Fax No.: (910) 346-1210 DATE JOB NO.
E-Mail:jpierceaonslowonline.net March 19 2001
ATT�NT ON
Linda Lewis
TO Ms. Linda Lewis tE Regency Park Section I
N.C. Department of Environment
and Natural Resedrees
127 North Cardinal Drive
Wilmington,
WE ARE SENDING YOU
❑ Drawings ❑ Attached ❑ Under separate cover via the following items:
❑ Copy of Letter ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES DATE NUMBER DESCRIPTION
1 Copy of revised restricted covenants per your request
THESE ARE TRANSMITTED as checked below:
❑ For approval REMARKS
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due 19 SIGNED
❑ Prints returned after loan to us
JOHN L. PIERCE & ASSOCIATES;P: _FI�jj g�
Land Surveying-Land Planning- Mapping l���
�vIaR o z Luu '
P.O. Box 1685
409 Johnson Blvd.
Jacksonville.N.C. 28541 BY — letter of transmittal
Office: (910)346-9800 Fax No.: (910) 346-1210
E-Mail:jpierce@onslowonline.net nA?ebruary 27, 2001 'on No
.ATTENTION
Linda Lewis
TO Ms. Linda Lewis Regency Park -Stormwater Project No.
N.C. Department of Environment
And Natural RP�nilrrp,
127 North ,Cardinal Drive
WE ARE SENDING YOU
❑ Drawings ❑ Attached ❑ Under separate cover via the following items:
❑ Copy of Letter ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES DATE NUMBER DESCRIPTION
2 Revised "Sheet 2 of 4"
1 Copy of your letter dated February 15, 2001
THESE ARE TRANSMITTED as checked below:
❑ For approval REMARKS Should you need any additional
❑ For your use
❑ As requested information, please let us know.
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due 19 SIGNED
❑ Prints returned after loan to us
_- - 2, if this application is being submitted as ifie result of a renewal or modification to an existing permit,list the
existing permit number N/A and its issue date(if known) ;
3. Specify the type of project(check one):
_Low Density XX High Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major XX Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
'Stormwater runoff from the project will be treated in .a wet detention pond
2. Stormwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 12 75 acres 4. Project Built Upon Area: 33 A% %
5. .,How many drainage areas does the project have? 1
1 6 'Complete the following information for each drainage area. If there are more than two drainage areas in the
pr 'ect attach an additional sheet with the information for each area provided in the same format as below.
Receiving Stream Name UT New River
Receiving Stream Class C NSW
Drainage Area 26,27 acr
Existing Impervious*Area
Proposed Im ervious'Area 400.512 S.F
% ervious Area(total) 5°
aDn._maAr<a.2 -t .7
'r" o ouriace--Lea, W. �I?ca._aee;A..rea.P r ;n
On-site Buildings 80,000
On-site Streets 87,725 s.f. ( 2.01 a c)
On-site Parking 16,000
On-site Sidewalks 1
Future 180 676
cite (Existin q 16,771 s.f. Parkwa
Total: 400,512 (9_.19 uC-. ) -- , Total:
Impervious area is defined as the built upon area including, but not limited to,buildings, roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 3.99 Page 2 of 4
u this appueauon s
^ erst ng per rut number N/A and its issue date(if known)
3 Spedf,/ the type of project(check one):
Low Density XX F-igh Density _Redevelop _General Pex—rut _Other
4. Additional Project Requirements(check applicable blanks):
_CA-vL4 Major XX Sedimentation/Erosion Control _404/401 Per^ut _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1z/7-6=r6745.
III. PROJECT LNT0R W TION
1. In the space provided below,summarie how storrnwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Stormwa er runoff from the project will be treated in .,a wet detention pond
2 Stomrwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 12 75 acres 4 Project Built Upon Area:
5. ,How many drainage areas does the project have? 1
6 Complete the following information for each drainage area. If the a are more than two drainage areas in the
�r project,attach an additional sheet with the information for each area provided in the same format as below.
rReceiving
ram�?t , .. DiarfiagiDramageStrea Name UT New RiverStream Class 0 NSW
Area 26,27 acrQS
Existing Im ervious'Area
ProvcsedImvervious'Area 400,512 S.F
%lmvervicus�Area(total) 35i°/
On-site Buildings 80,000 q f )
On-eiteStreets 87,725 s.f. ( 2.01 ac) � .
On-site Paz-king 16,000 c .f. 0.37 ac)
Or,-site Sidewalks 10 4 p
Future 180,676
cite (Existinq) 16,771 S .f. I (Parkway)
Total: 400,512 {9.19 a c. ) _. Total:
Impervious area is defined as the built upon area including,but not limited to,buildings, roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 3.99 Page 2 of 4
�. L`this application is being submitted as the result of a r enewai or mocuicaaon toan e.�seng permit, List me
m
edstr g pen-rut number N/A and its issue date(if known)
3 $oee r the type of project(check one):
Low Density XX Nsgh Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_CA'vLA Major XX Sedimentation/Erosion Ccntol _404/401 Pe-:nit _NPDES Stormwater
Infornatior,on reeuired state tre_-n is can be obtaLmed by contacting the Custcmer Service Center at
1 977-023-6748.
Ill. PROTECT LYFOR-MATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a deed narrative
(one to two pages) describing stormwater management for the project.
Stormwater runoff from the project will be treated in .a wet detention pond
2 Stormwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 1 2.75 aces 4- Project Built Upon Area: —3� d° 90
5 l'Fow many drainage areas does the project have? 1
6_;Complete the following information for eacIh drainage area. If there are more than two drainage areas in the
r project,attach an additional sheet with the information for each area provided in the same format as below.
s.
.1"ttft"i"rnrattrnr-`.cam- �-^� -<��-�.y>,M-�D p Area l • r �" '`' .�"""' 3Drassta e' rea'�°' `A
.4 .«w�`-
Receiving Stream Name UT New River
Receiving Stream Class I C NSW
Drainage Area I 26,27 a c r
Existing Impervious'Area
PromsedImve*vious'Area I 400 12 5.F
linverrious'Area(total) 8S°/
aTacem t�a _A-r a.-..-. ::.L—>
tcrsv- «t.�, ,F. T
rOn-site Buildings 80.00 1 R4 ( :
On-site Streets 87,725 s.f. ( 2.01 ac)
On-site Parking 16.00 e f r)
On-sire Sidewalks 19,340 c I
pert-5i4- Future I 180,676
n-siteExisEinqE) J 16,771 s.f. I (Parkway) I
( Total: 400.512 (5,.19 cc. ) _ (Total:
Lmpervious area is defined as the built upon area including, but not limited to, buildings, reads,parking areas,
sideoalks, cra✓el areas,etc.
Fonn SWU-101 Version 3.99 Page 2 of 4
North Carolina
Department of Environment and Natural Resources �
1 � o
DiN ision of Water Quality
Wilmington Regional Office
Michael G.
Easley, Governor N"[0.2'DENR
Will
iam . ROSs, .Ir.• Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANC NATURAL RESOURCES
February 15, 2001
Mr. John Kocnis
6200 Ramsey Street
Fayetteville. NC 28311
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 001114
Regency Park @Williamsburg Plantation
Onslow County
Dear Mr. Koenig:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Regency Park @Williamsburg Plantation on January 19, 2001. A
preliminary review of that information has determined that the application is not complete. The followingo
information is needed to continue the stormwater review:
1. Please list the future BUA accounted for in this pond on page 2 of the application. As indicated
in my,January 5, 2001, letter, the built-upon area numbers reported on the application must be
consistent with those used in the calculations. The application is missing all the 180.676 ft' of
proposed future BUA. You can cross out the "Other on-site" boa and type in "Future" in its
place. Please revise.
?. The drainage area on the application is listed as 15.84 acres, while the calculations use 26.27
acres. As indicated in my January 5. 2001, letter. the drainage area reported on the application
must be consistent with what is used in the calculations. Please revise the application.
J. A previously requested, please submit a copy of the covenants and restrictions that will be
recorded. The Division has run across several projects in recent vears that failed to record
restrictions. We are trvimg to eliminate this problem by getting a copy of those documents prior
to issuing the permit.
4. Existing built-upon area that is offsite is not reported in the "Existing BUA" box. 1t is reported
in the "Offsite" box. Only on-site existing BUA is entered in the "Existing BUA" box.
127 Cardinal Dr. Ext..Wilmington,North Carolina 28405 Telephone 910-395-3900 . FAX 910-350 2004
An Equal Opportunity Affirmative Action Employer 50'7 recycled/10% post-consumer paper
.Mr. Koeni_
February 1 2001
Stormwater Project No. SW8 001114
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to March 15, 2001, or the application will be
returned as incomplete. The return of aproject will necessitate resubmittal of all required items, including the
application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must indicate
the date by which you expect to submit the required information. The Division is allowed 90 days from the
receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to the engineer or.aQent. All original documents must be returned or new
originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please
feel free to call me at (910) 395-3900.
Sincerelv,
le ,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\001114.FEB
cc: Linda Lewis
Dave Newsom. P.E.
127 Cardinal Dr. Ext.,Wilmington,North Carolina 28405 Telephone 910-395-3900 .-.FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 2 50% recycled/10°/ post-consumer paper
North Carolina
Department of Environment and Natural Resources
1 00
Division of Water Qualih'
Wilmington Regional OfficeOL
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 15. 2001
Mr. John Koenig
6200 Ramsey Street
Fayetteville, NC 28311
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 001 114
Regency Park @Williamsburg Plantation
Onslow County
Dear Mr. Koenig:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Regency Park @Williamsburg Plantation on January 19, 2001. A
preliminary review of that information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
1. Please list the future BUA accounted for in this pond on page 2 of the application. As indicated
in my January 5, 2001, letter, the built-upon area numbers reported on the application must be
consistent with those used in the calculations. The application is missing all the 180.676 ft' of
proposed future BUA. You can cross out the "Other on-site" box and type in "Future" in its
place. Please revise.
2. The drainage area on the application is listed as 15.84 acres. while the calculations use 26.27
acres. As indicated in my January 5, 2001, letter, the drainage area reported on the application
must be consistent with what is used in the calculations. Please revise the application.
3. A previously requested; please submit a copy of the covenants and restrictions that will be
recorded. The Division has run across several projects in recent years that failed to record
restrictions. We are trying to eliminate this problem by getting a copy of those documents prior
to issuing the permit.
4. Existing built-upon area that is offsite is not reported in the "Existing BUA" box. It is reported
in the "Offsite" box. Only on-site existing BUA is entered in the "Existin<_ BUA" box.
127 Cardinal Dr. Ext.,Wihnin�lton,North Carolina 28405 "telephone 910-395-3900 , FAX 910-350-2004
An Equal Opportunih.Afro mative Action Employer 50% recycled/1017 post-consumer paper
Mr. Koenic
February 15. 2001
Storlmvatcr Project No. SWS 001114
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to March 15, 2001, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items; including the
application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must indicate
the date by which you expect to submit the required information. The Division is allowed 90 days from the
receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to the engineer or agent. All original documents must be returned or new
originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please
feel free to call me at (9)0) 395-3900.
Sincerely,
O
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\001114.FEB
cc: Linda Lewis
Dave Newsom, P.E.
127 Cardinal Dr. Ext.,Wilmington,North Carolina 28405 'telephone 910-395-3900 FAX 910-350-2004
\ An Equal Opportunity Affirmative Action Employer 2 50°/ recycled/101% post-consumer paper
JOHN L. PIERCE & ASSOCIATES, P.A. Y __
Land Surveying- Land Planning- Mapping
P.O. Box 1685 JAN 19 cuul
409 Johnson Blvd.
Jacksonville, N.C. 28541 letter of transmittal
Office: (910)346-9800 Fax No.: (910)346-1210 BY:
fierce r onslowonline.net - oAre ton No.
E-Mail:
Jp Ca January 18, 2001
ATTENTION
Ms. Linda Lewis
RE
TOM,- Linda IPwis
N.C. Department of Environment STormwater Project No. SW8 001114
and Natural Resources
127 North GardiAal nri„o
Wilmington, NC 28405
WE ARE SENDING YOU
❑ Drawings ❑ Attached ❑ Under separate cover via the following items:
❑ Copy of Letter ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES DATE NUMBER DESCRIPTION
2 Sets of revised plans
2 Revised "Stormwater Management Permit Applications"
2 Revised "Wet Detention Basin Supplement"
2 Revised "Design Calculations for Stormwater Wet
1 Copy of your letter dated 1/5/01
1 Copy of proposed Restrictive Covenants
1 Map of "Drainage Delineation"
THESE ARE TRANSMITTED as checked below:
❑ For approval REMARKS Should you np d any additional
❑ For your use
❑ As requested information, please let us know.
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
ElFor review and comment
❑ For bids due
❑ Prints returned after loan to us SIGNED `
•�tZtH CA
��CTI TVV g� Design Calculations
JL V/ 3J' Stormwater Wet Detention Basin = SE L =
for 181 tl
JAN 19 2001 Regency Park Section t
boated Ul
DWQ / Williamsburg Plantation � ry �, IV ,a�•�
Jacksonville, North Carolina ttolo$ 1150
PROJ #
Project Description
The project consist of construction of single family residential units and associated sitework on 26.27 acre tract
located in Williamsburg Plantation in Jacksonville, NC. The project will be constructed in two phases (I4.02
acres (includes 1.82 ac. of existing Richmond Park Subd.) initially and 10.43 acre future). The site is currently
vacant. Construction will includeapproximately 63 lots (32 initially and approximately 31 future), roads, water
and sewer utilities and concrete sidewalks.
Design Requirements
Project will be designed in accordance with NC Administrative Code Section 15A NCAC 2H.1000—Stormwater
Management. This site is in the category of "development activities within in coastal counties except those
areas draining to Outstanding Resource Waters or within one-hatf mile of and draining to SA waters". Due
to project density, an engineered solution (wet detention pond) will be required. In accordance with
regulations, the engineered solution shall be designed as to provide for 85% removal of total suspended solids
with a vegetated filter or 90%removal without vegetative filter.
Required Pond Area
Compute Percent Impervious:
Impervious Area I�Y
Phase 1 Future Total
Buildings(Homes): 80,000 SF 93,000 SF 173,000 SF
Streets(Roads): 87,725 SF
Parking(Driveways) 16,000 SF
Sidewalks: 19,340 SF
Other q -0- -0- -0-
Offsite: 16,771 SF -0- 16,771 SF
Total: 219,836 SF 180,676 SF 400,512 SF
* to be determined at later date
2)Total Area
Phase 1 Future Total
Project: 555,390 SF 454,331 SF 1,009,721 SF
Offsite: 79,279 SF 79,279 SF
Pond Area: 55,321 SF 55,321 SF
Total: 689,990SF 454,331 SF 1,144,321 SF
3)Percent Impervious
Phase I Future Total
31.9% 39.8% 35.0%
Desilm pond for future conditions(35.0%impervious).
Compute Surface Area:
Using Surface Area to Drainage Area Ratio Chart for 90%TSS Removal(copy attached)and assuming
6.0' pond depth:
SA/DA = 1.85%(interpolated)
Therefore:
Surface Area = SA/DA x Drainage Area
= 1.85% x 1,144,321 SF
=21,170 SF (say 21,200 SF)
4. Determine Volume to be Controlled from 1"Storm
Using Schuler"Simple Method":
Rv = 0.05 + 0.009(I) where I=percent impervious
Rv = 0.365 in/in
Control Volume = Design Rainfall x Rv x Drainage Area
= I in x 0.365 in/in x 26.27 AC(1,144,321 SF)
= 9.59 acre-in or 0.80 acre-feetor 34,806 CF say 35,000 CF
Determine Depth of Storage
Depth required to provide 35,000 CF in irregular shaped pond is determined to be 1.53'.
Therefore:
Normal Pond Surface Area: 21,200 SF
Control Volume Surface Area: 24,552 SF
6. Determine Orifice Size
Control volume must be drawn down over a period of two to five days:
Q2 = 35,000 CF / (2 days x 86,400 seconds per day)
_ .202 cfs
QS = 35,000 CF / (5 days x 86,400 seconds per day)
_ .081 cfs
Using orifice equation(rearranged to solve for diameter):
D = (Q / 0.026(h)'n)
aswmc h—1.0'
Di = (.202 cfs/0.026(1)
Dz = 2.79"
Ds = (.081 cfs/0.026(1) )'rz
DS = 1.7T'
Use 2"diameter orifice
Primary Outlet
Primary outlet shall be a 54" CMP installed vertically as a weir structure to pass the 10 year design
storm. The 10 year peak discharge(Q,j is computed using the Rational formula as follows:
Q,,-CIA
where: C=0.40(single family residential)
ha= 5.0 in/hr(Wilmington ME curve w/tc=15 min.)
A = 26.27 Ac
Q10=(0.40)x(5.0)x(26.27)
=52.5 cfs
Assuming%:of the entire circumference of 54"CMP is used as weir,flow per foot of weir may
be computed as follows:
Flow per foot = 52.5 cfs / ((54"/ 12) x PI/2)
=7.42 cfs/foot
Using sharp crested weir tables(copy attached):
where: h=observed head
p=6(pond depth)
h= 1.69'
Emergency Spillway
Elevation of the emergency spillway shall be set at the depth of flow of the 100 year storm over the primary
outlet. The 100-year peak discharge(Q, )is computed using the Rational formula as follows:
Q„, =CIA
where: C=0.40
1,W= 7.5 in/hr(Wilmington ME curve w/tc= 15 min)
A = 26.27 Ac
Q,W=(0.40)x(7.5)x(26.27)
=78.8 cfs
Assuming 72 of the entire circumference of 54"CMP is used as weir,flow per foot of weir may
be computed as follows:
Flow per foot = 78.8 cfs / ((54"/12) x PI/2)
= 11.15 cfs/foot
Using sharp crested weir tables(copy attached):
where: h=observed head
p=6(pond depth)
It=2.20'
Emergency spillway shall be a broad crested earthen weir designed to pass the I00 year storm (in case
primary outlet blocked or overwhelmed):
Using the broad crested weir equation(rearranged for H):
H=(Q/Cw x L)"
where: Q = 78.8 cfs
Cw = weir coefficient(3.0)
L = length of weir(ft)(try 40')
H =depth
H = 0.76'
9. Forebay
Forebay shall include 20%of pond volume:
Forebay volume = 74,341 SF x 20%
= 14,868 SF(15,120 SF provided)
Summary
Elevations(assuming bottom=Elev. 13.6)7
Relative Actual
Elevation Elevation
100 Yr.Flood(top)- 9.73 23.33
100 Yr.flood storage range:2.20
10 Yr. Flood- 9.22 22.82
10 Yr.flood storage rangy 1.69
1-Inch Storage- 7.53 21.13
1-Inch storage range:1.53
Permanent Pool- 6.00 19.60
Bottom- 0.00 13.60
Outlet Devices:
Use 2"orifice bleed down
Use 54"diameter CMP primary discharge weir
Use 40'broad crested weir emergency spillway
State of North Carolina
Department of Enyironment
and Natural Resources 74,
• Lmmmmm
Wilmington Regional Office
.-may-
James B. Hunt, Jr., Governor
Bill Holman, Secretary N Com D Em N R
Division of Water Quality NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 5, 2001
Mr. John Koenig
6200 Ramsey Street
Fayetteville, NC 28311
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 001114
Regency Park @Williamsburg Plantation, Section 1
Onslow County
Dear Mr. Koenig:
The Wilmington Regional Office received a Stormwater Management Permit Application for Regency Park
cr Williamsburg Plantation, Section I on November 14, 2000. A preliminary review of that information has
detennined that the application is not complete. The following information is needed to continue the stormwater
review:
/1. Please delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist.
1/ 2.' Please submit sealed pond design calculations.
3. The seeding schedule allows the owner to vary the seeding according to "landscape requirements".
Under no circumstances may Weeping Love Grass be used.
v� 4. Please provide the receiving stream name and classification in Section III,Part 6 of the application.
V-' 5. Please delineate the entire 36.24 acre drainage area to the pond, including the offsite areas from
Williamsburg Parkway and surrounding the pond.Include.the built-upon area for the offsite drainage
at the full build-out potential. The DOT may not use this pond to dump any future runoff from
Western Boulevard Extension, unless the pond is designed to handle it.
✓ 6. Please provide the proposed BUA-per lot in Section IV on page.3 of the application.
0 Please submit a copy of the proposed covenants and restrictions.
8. Provide the nearest major intersection on the vicinity map.
The supplement reports a drainage area of 36.27 acres and a BUA of 9.19 acres, but the application
has a DA of 15.12 acres and a BUA of 5.05 acres. Please correct and submit revisions. The numbers
reported on the application and the supplement must agree with the plans and calculations. Please
include all BUA associated with the offsite areas on the application.
127 Cardinal Dr. Ext.,Wilmington,North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
Mr. Koenig
January 5, 2001
Storillwater Project No. SW8 001114
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received by this Office prior to February 5, 2001, or the application_will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time extension
to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by
which you expect to submit the required information. The Division is allowed 90 days from the receipt of a .
completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that need
to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must
be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me
at (910) 395-3900.
Sincerely,
Linda Lewis.
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\001114..IAN
cc: Linda:Lewis
Dave Newsom, P.E.
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone 910-395-3900 FAX 910-3.50-2004
An Equal Opportunity Affirmative Action Employer .2 50% recycled/lVX. post-consumer paper
RFr-•- -
JOHN L. PIERCE & ASSOCIATES, P.A. TID
Land Surveying- Land Planning- Mapping
P.O. Box 1685
409 Johnson Blvd. BY'— �j_[/ /—
Jacksonville, N.C. 28541 19tter of transmittal
Office: (910) 346-9800 Fax No.: (910)346-1210 I DATE JOB No.
E-Mail:jpierce@onslowonline.net M1 November 13 2000
ATTENTION
yam\`/ n
TO Mr. Scott Vinson Reg ncy Park Section I of
N.C. Department of Environment , k Williamsburg Plantation
and Natural Resources f�
127 North Cardinal nrivp
Wilmington, NC 28405
WE ARE SENDING YOU
❑ Drawings ❑ Attached ❑ Under separate cover via the following items:
❑ Copy of Letter ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES DATE NUMBER DESCRIPTION
Sets of plans
2 "Stormwater Applications"
Check in .the:amount of four hundred twenty dollars ($420.0 ))
THESE ARE TRANSMITTED as checked below:
❑ For approval REMARKS Should you need any additional
❑ For your use
❑ As requested information, please let us know.
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due 19 SIGNED , /10— //� �/
❑ Prints returned after loan to us
z"., F.OFFICEILISE.ONLY
T Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation,individual, etc. who owns the project):
John Koenig
2. Print owner/Signing Official's name and title (person legally responsible for facility and compliance):
John Koeniq Owner
3. Mailing Address for person listed in item 2 above:
6200 Ramsey strcet.
City: FayettPv i 11 P State: NC Zip: 28311
Telephone Number: ( 910 ) 488-1976
4. Project Name (subdivision,facility,or establishment name-should be consistent with project name on
plans,specifications,letters,operation and maintenance agreements, etc.):
Regency. Park aectio-i-I ' of Williamsburg Plantation
5. Location of Project(street address):
wii ' - '--` rq' P1 ,gntdtiun—(,nfi Williamsburg Parkway)
City: Jarksoovi 11. County: Onslow
6. Directions to project(from nearest major intersection):
South of intersection of Williamsburg Parkway & Gum Branch Road (NCSR 1308)
7. Latitude: 34°47' 36" Longitude: 77026' 56" of project
8. Contact person who can answer questions about the project
Name: David K. Newsom John I . Pierre & Telephone Number: ( 910 )346-9800
Associates P.A.
H. PERMIT INFORMATION:
1. Specify whether project is(check one): X X New . Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4
2, li this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number N/A and its issue date(if known)
3. Specify the type of project(check one):
_Low Density X_High Density _Redevelop General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major XX Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
�tormwater runoff from the prolett will be treated in ..a wet detention pond
2. Stormwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 12-75 acres 4 Project Built Upon Area: 31 A% %
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in the same format as below.
x Ba �D . eAr?al�sazlnformataos•� .'" .� .,,�. ._ .,..�s..�.�s.p. ��«. .x..,, �` � y� i.. �DraritageArea2 �wz
Receiving Stream Name UT New River
Receiving Stream Class 0 NSW
Drainage Area 68 '990 S.f._(15.84_ac.�
Existing Impervious'Area 16,771 S.f. ( 0.39 ac. ')
Proposed Im ervious'Area 203,065 S.f. 4.66 ac.
impervious*Area(total) 31 .90%
--v::T� a.s."., '"'p% �+•-xse .K"i`lr o,.k."�T�raTT*.a P..F2d_YE: +Q'?': A S 4s t 'jam �..r
I ..._Otis
On-site Buildings 80,000 On site Streets
On site Parking 16,000 On-site Sidewalks 1
Other on-site I -0-
Off-site 16,771 S.f.
Total: 219,836 Total:
mperoious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 3.99 Page 2 of 4
i 7, 1-low was the off-site impervious area listed above derived?
i
Planimeter
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a
table listing each lot number,size and the allowable built-upon area for each lot must be provided as an
attachment.
1. The following covenants are inter d to ensure ongoing compliance with state stormwater management permit
number �L�DO/1( 9- as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 3000 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt,gravel,concrete, brick,stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them,that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. 'SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for the
status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement k
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
y VI. SUBMITTAL REQUIREMENTS
only complete application packages will be accepted and reviewed by the Division of Water Quality (D WQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
l. . Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Initials
~' • Original and one copy of the Stormwater Management Permit Application Form ZXZZ
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of$420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications,including.
-Development/Project name
-Engineer and firm
-Legend
-North arrow
-Scale
-Revision number&date
-Mean high water line
Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads,drainage features,collection systems, and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
-Existing drainage (including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers(where required)
VIL AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): John L. Pierce & Associates P.A.
Mailing Address: P.O. Box 1685
City ` Jacksonville State: NC Zip: 28540
Phone: '( 910 ) 346-9800 Fax ( 910 1 346-1210
-VDZ APPLICANT'S CERTIFICATION
I,(print or type name of person listed in General Information,item 2) John Koenig
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of 15A
_ NCAC ZH.1000.
Signature:_— �5 Date: I G 00
F .
Form SWU-101 Version 3.99 page 4 of 4
03/13/2001 12:52 9103461729 COXE LEGAL CLINIC PAGE 02
Prepared by and return to: L.Robert Coxe, III, Attorney at Law, 825 Gum Branch Square II,
Suite 107-108, Jacksonville, NC 28540
NORTH CAROLINA RESTRICTIVE COVENANTS
Section 1, Regency Park of
Williamsburg Plantation
ONSLOW COUNTY
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, JOHN KOENIG, INC., herein sometimes called "Owner" or Developer",
is the owner of all that land designated and known as Section I, Regency Park of Williamsburg
Plantation, as shown on that certain plat recorded in Book , Page , in the
Office of the Register of Deeds of Onslow County, North Carolina; and
WHEREAS,Owner desires to provide the stability and appeal in the development of said
land;
NOW THEREFORE, Owner hereby covenants and agrees to and with all person, firms
and corporations now owning or hereafter acquiring any of the numbered lots included on said
plat, that all of said numbered lots shall be and same now are, to the extent hereinafter defined
and described, subject to the following restrictions as to the use thereof, running with the said
land by whomsoever owned, to-wit;
1. LAND USE AND 1UILDING TYPE: No numbered lot shall be used except for
residential proposes. No structure shall be erected, placed, altered or permitted to remain on
any such lot other than one detached single-family dwelling not to exceed two and one-half
stories in height, a private garage for not more than three (3) cars, with a minimum of one (1)
car garage with a parking apron, which garage may contain living quarters for occupancy by
domestic servants of the lot owner only and such other outbuildings as may be reasonably
appurtenant to the dwelling provided that the same are constructed in line with the general
architectural design and construction standards used in the dwelling itself.
2. DWELLING COST OUALITY AND SIZE: No single-family attached or
detached dwelling unit shall be permitted on any such lot or lots which shall give to the
improved lot or lots on which the said single-family attached or detached dwelling unit is
constructed an appraised valuation of less than One Hundred Twenty Thousand and No/100
($120,000.00) Dollars; such valuation to be based upon cost levels prevailing at the date these
covenants are recorded; it being the intention and purpose of this covenant to provide that all
dwellings shall be of quality and workmanship substantially the same or better than that which
can be produced on the date these covenants are recorded for the minimum value herein stated
for the minimum permitted dwelling size Slab construction is not permitted,
No single-story residence or dwelling unit shall be constructed which shall have a heated
area living space of less than 1500 square feet. No two-story residence or dwelling unit shall
be constructed which shall have heated area living space of less than 1500 square feet of which
a minimum of 800 square feet shall be for the first Floor of said two-story dwelling. Heated area
living space shall mean the ordinary living space in a house which is designed and constructed
to be capable of being heated for regular living use in cold weather. In the computation of Floor
space, furnace room acid exterior storage areas, garage and porches shall not be counted. No
residence may be constructed without a garage. Any plan for construction of a detached garage
must have the prior approval of the Developer, as set out in Paragraph 21 of these restrictive
covenants.
3. BUILDING LOCATION: The building line of any dwelling house of the
buildings appurtenant thereto shall not be less than 35 feet from the lot line which the dwelling
house fronts. Interior lot line and side yard set-back requirements shall be as provided in the
City of Jacksonville and/or Onslow County Subdivision Regulations governing residential
developments. In the event that the regulatory boards for the City of Jacksonville and/or Onslow
RECEIVED
MAR 2 6 2001
DWQ
PROJ# 4-
03/13/2001 12:52 9103461729 CORE LEGAL CLINIC PAGE 03
County Commissioners at a later time adopt a"zero lot line" set back for the development then
that ordinance shall apply to this development. Where a garage or other permitted accessory
building is located within 30 feet of the rear property line, then there shall be a 5 feet side yard
requirement for the rear 30 feet of the lot. A rear yard set-back requirement of 35 feet shall be
maintained for those lots abutting other properties outside this subdivision.
With respect to comer lots,the building line of any dwelling house or unit of the building
appurtenant thereto shall not be less than 35 feet from the street on which the dwelling house
or unit fronts. The provisions of the City of Jacksonville and/or Onslow County Subdivision
Regulations governing residential developments shall be complied with in determining the set
back from the side street property line and the required rear yard, if any.
For the purpose of these covenants, eaves and steps shall not be considered as a part of
a building;provided however,that this shall not be construed to permit any portion of a building
to encroach upon another lot. Open fire escapes, outside stairways, the ordinary projections of
chimneys and flues, swimming pools, flag poles, decorative fountains and other similar items
are not subject to the building lines so long as they do not obstruct light and ventilation
necessary for the structure on the adjoining lot. A variance no more than 10% of the set-back
requirements of this covenant shall be deemed to be in compliance with the requirements stated
herein.
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number 001114, as issued by the Division of Water Quality
under NCAC 2H.1000,
The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
These covenants are to urn with the land and be binding on all persons and parties
claiming under them.
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.
Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State.
The maximum allowable built-upon area per lot is 3,000 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.
All runoff from the built-upon areas on the lot must drain into the permitted system.
This may be accomplished throgh 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.
4. ERECTION OF FENCES AND SIGNS No fence shall be erected on any lot
closer to the front of the dot than the house's rear corner. No fence shall be built within the
easement for utilities as set forth in Paragraph 5(a) of these covenants. A minimum three-foot
wide gate must be constructed if the fencing is across the "maintenance area" described in
Paragraph 5(b) hereof. Fencing traversing a lot shall he parallel with the front lot line.
Provided however, that with respect to corner lots,no fencing shall be erected or maintained any
closer than forty-five (45) feet from the front property be, not to exceed a ten-foot extension
from the back corner of the house (extended from the back line of the house); and in the event
a house has already been established on the lot adjacent to the corner lot, no fencing shall be
erected on the comer lot any closer to the front of the lot than the distance the front comer of
the adjacent structure is from its front property line;in any event, fencing shall be no closer than
03/13/2001 12:52 9103461729 COXE LEGAL CLINIC PAGE 04
the house's rear corner. Solid privacy fences over three (3) feet in height shall not be built
within twenty-five (25) feet of a public right-of-way. Chain link fences of any type are not
permitted.
No fences,including decorative split-rail fences, are permitted in the front yard of a lot.
5. EASEMENTS:
(a) For Utilities and Drainage: Easements for installation and maintenance
of utilities and drainage facilities are reserved as shown on the recorded plat. Within these
easements, no structure,planting or other material shall be placed or permitted to remain which
may interfere with the installation and maintenance of utilities, or which may change the
direction or flow of drainage, or which may obstruct or retard the flow of water. All areas
indicated as streets and easements on the recorded plat are hereby dedicated to public use for
such uses forever;
(b) For Repairs and Maintenance: The lot owner having an abutting wall or
a wall within five (5) feet of his lot line shall have a five-foot easement along said lot line on
adjacent lot owner's property for the purpose of repairs and maintenance of said abutting wall
or wall within five feet of the lot line where such repairs and maintenance cannot be
accomplished otherwise.
(c) For overhangs extensions and projections: As to lot owners of adjacent
lots which have an abutting wall, easements are reserved over those portions of the adjacent lot
owuei s property that may be necessary or required to accommodate drainage and utilities and
overhanging eaves or other cantilevered construction which may encroach upon the adjacent lot
owner's property or the air and light space above such other lot owner's property.
(d) For underground cables and/or installation of street lighting The
Developer or their Assigns reserves the right to subject the real property in this subdivision to
a contract with Carolina Power & Light Company or any other utility company for the
installation of underground electric cables and/or the installation of street lighting,either or both
of which may require an initial payment and/or continuing monthly payment to Carolina Power
&Light Company or any other utility company by the owner of each building. Also the County
of Onslow may levy special tax assessments against each lot to install street lighting.
6. ILLEGAL ACTIVITY: No illegal, noxious or offensive activity shall be
permitted or carried on any part of said land, neither shall anything be permitted or done which
is or may become a nuisance or a source of embarrassment, discomfort or annoyance to the
neighborhood. No trash, garbage, rubbish, debris, waste material or other refuse shall be
deposited or allowed to accumulate or remain on any part of said land,or upon any land or lands
contiguous thereto. No fires or burning of trash, leaves,clippings or other debris or refuse shall
be permitted on any part of said land without the required permits issued by the appropriate
authority.
7. ARTESIAN WELLS: No artesian wells may be drilled or maintained on any
building lot without first obtaining the consent of the Developer. The central water supply
system provided for the service of said land shall be used as the sole source of water for all
water spigots and outlets located within all buildings and improvements located on each building
lot. No individual water supply system or well shall be permitted on the building lot except to
supply water for air-conditioning or heating installation, irrigation purposes, swnnming pools
or other exterior use. All lots shall be subject to service charges and fees and any and all
assessments levied in connection with the central water supply system service to the respective
subject lots.
8. ANIMALS AND LIVESTOCK: No animals, livestock or poultry of any kind
shall be raised, bred or kept, on the property, except rats, dogs and other common household
pets and they shall not exceed three (3) of each, provided that they are not kept, bred or
maintained for any commercial purposes. Household pets shall not roam freely; they must
remain in the yard or, if not in the yard, on a leash.
03/13/2001 12:52 9103461729 CCXE LEGAL CLINIC PAGE 05
9. AUTOMOBILFS: No automobiles or motor vehicle may be dismantled on said
property. No mechanically defective automobile or currently unlicensed automobile shall be
placed or allowed to remain on said property over ten(10)days. No junked cars shall be placed
or allowed to remain on the property.
10. O13STRUCTIONS: The Developer shall have the right, but not the obligation,
to remove or require the removal of any fence, wall hedge, shrub, bush, tree or other object,
natural or artificial, placed or located on any building plot, if the location of the same will, in
the sole judgment and opinion of the Developer, obstruct the vision of a motorist upon any of
the access ways.
11. REGULATE TRAFFIC: The Developer shall have the right, but no the
obligation, from time to time to control and regulate all types of traffic on said access ways,
including the right to prohibit use of said access ways by traffic which, in the sole discretion of
the Developer, would or might result in damage to said access ways or pavements or other
improvements thereon, and the right, but not the obligation to control and prohibit parking on
all or any part of said access ways.
12. TYPE OF CONSTRUCTION: No building or other improvement may be
constructed with an exterior wall finish of material of concrete or cinder block type construction
or shall be finished in asbestos siding shingles.
13. WINDOW AIR-CONDITIONERS: No window air-conditioning units shall be
installed in a building is visible from the road which the building faces.
14. UTILITY: All telephone,electric and other utility lines and connections between
the main utility lines and the residence and other buildings located on each building plot shall
be located underground.
15. UTILITY COMPANY: The developer reserves the right to subject the real
property in this entire subdivision to a contract with the Carolina Power&Light and/or City of
Jacksonville or any other utility company, for the installation of underground electric cables
and/or the installation of street lighting, either or both, of which may require a continuing
monthly payment to the owner of the lot.
16, TYPE OF RESIDENCE. No trailer, basement, garage or any outbuilding of
any kind, other than a guest house or servant's quarters, even if otherwise permitted hereunder
to be or remain on a building lot, shall be used as a residence either temporarily or permanently.
17. DEVELOPER SIGNS: Nothing contained in these covenants and restrictions shall
prevent the Developer, approved Builder, or any person designated by the Developer, from
erecting or maintaining such commercial or display signs and such temporary dwelling, model
house and other structures as the Developer may deem advisable for development purposes.
18. SIGNS; No sign or signs other than a "For Sale" or "For Rent" sign shall be
displayed on the property, and these signs shall not exceed five (5) square feet total area.
19. SWIMMING POOLS: No swimming pool shall be constructed on any lot unless
the proposed location shall have been first approved in writing by the Developer and said pool,
with required fence, shall be built in accordance with all applicable City of Jacksonville and/or
Onslow County Zoning Ordinances and Regulations. Above ground pools are not permitted.
20. MAIL BOXES: No mail box or paper box or other receptacle of any kind for
use in the delivery of mail or newspapers or magazines or similar material shall be erected or
located, on any building lot unless and until the size, location, design and type of material for
said boxes or receptacles shall have been approved by the Developer. To insure uniformity,the
Builder does hereby agree to provide the original mail box post. If at any future time the post
becomes damaged or has to be replaced for some other reason, it will be replaced with a post
of the same size and material at owner's expense.
03/13/2001 12:52 9103461729 CORE LEGAL CLINIC PAGE 06
21. APPROVAL OF PLANS: No construction shall begin on any lot, neither shall
any building or other improvement be erected,placed or altered on any lot until the construction
plans and specifications and plans showing location of the structure on the individual lot have
been approved in writing by the Developer, its successors or assigns. This approval shall be as
to the quality of workmanship and materials, harmony of external design with existing
structures, and as to the location with respect to topography and finished grad elevation. The
Developer may delegate its duties under this paragraph to an architectural committee created for
this purpose. Such assignment will be by a document recorded in the office of the Register of
Deeds for Onslow County, North Carolina.
22. RADIO OR TELEVISION AERIALS: Except as provided below, no radio or
television aerial, antenna or satellite dish, or any other exterior electronic or electric equipment
or devices or any kind shall be installed or maintained on the exterior of any structure located
on a building lot or any other portion of any building lot. A satellite dish, no greater than
eighteen (18) inches in diameter may be installed, as long as it is not visible from the street.
23, AMENDMENT OF COVENANTS: These covenants are to run with the land and
shall be binding on all parties and all persons claiming under them for a period of twenty-five
(25) years from the date these covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten(10) years unless an instrument signed by
a majority of the then owners of the lots has been recorded, agreeing to change said covenants
in whole or in part. During the first twenty-five (25) year period, these covenants may be
amended in full or in part by an amendment, signed by not less than eighty (80%) percent of
the owners of the numbered lots. To be effective, any amendment must be recorded.
24. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any covenant either to restrain
violation or recover damages. The Developer of Williamsburg Plantation Homeowner's
Association, or any lot owner, shall have the tight to enforce, by any proceeding at law or in
equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by
the provision of this Declaration. Failure by the Developer or by a lot owner to enforce any
covenants or restrictions herein contained shall in no event be deemed a waiver of the right to
do so thereafter.
Reference is also hereby made to the Declaration of Covenants, Conditions, and
Restrictions recorded in Onslow County Registry, which recording created the Williamsburg
Plantation Homeowners' Association. Each lot owner in Regency Park of Williamsburg
Plantation Section One, is also a member of the Williamsburg Plantation Homeowners'
Association.
25. VALIDITY: Invalidation of any one of these covenants by judgment or court
order shall in no way affect any of the other provisions which shall remain in full force and
effect.
IN TESTIMONY WHEREOF, JOHN KOENIG, INC., has caused this instrument to be
signed and sealed this the_day of 2001,
JOHN KOENIG. INC.
BY:
President
ATTEST:
Secretary (Corporate Seal)
03/13/2001 12:52 9103461729 CORE LEGAL CLINIC PAGE 07
NORTH CAROLINA
ONSLOW COUNTY
I, a Notary Public of the County and State aforesaid, certify that
, personally came before me this day and acknowledged that
_he is Secretary of IOHN KOENIG, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its President, sealed with its corporate
seal and attested by as its Secretary.
Witness my hand and official stamp or seal this day of
2001.
Notary Public
My Commission Expires:
01/17/2001 15:54 9103461729 ` y 4 CORE LEGAL CLINIC PAGE 02 I,
PROMEb
Prepared by and return to: L. Robert Coxe,III, Attorney at Law,825 Gmn Branch Square 11,
Suite 107-108, Jacksonville, NC 28540
NORTH CAROLINA RESTRICTIVE COVENANTS
Section 1, Regency.Park.of
Williamsburg Plantation
ONSLOW COUNTY
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, JOHN KOENIG, INC., herein sometimes called "Owner" or Developer",
is the owner of all that land designated and known as Section I,Regency Park of Williamsburg
Plantation, as shown on that certain plat recorded in Book , Page in the
Office of the Register of Deeds of Onslow County, North Carolina; and
WHEREAS,Owner desires to provide the stability and appeal in the development of said
land;
NOW THEREFORE, Owner hereby covenants and agrees to and with all person, firms
and corporations now owning or hereafter acquiring any of the numbered lots included on said
plat, that all of said numbered lots shall be and same now are, to the extent hereinafter defined
and described, subject to the following restrictions as to the use thereof, conning with the said
land by whomsoever owned, to-wit;
1. LAND USE AND BUILDING TYPE: No numbered lot shall be used except for
residential proposes. No structure shall be erected, placed, altered or permitted to remain on
any such lot other than one detached single-family dwelling not to exceed two and one-half
stories in height, a private garage for not more than three (3) cars, with a minimum of one (1)
car garage with a parking apron, which garage may contain living quarters for occupancy by
domestic servants of the lot owner only and such other outbuildings as may be reasonably
appurtenant to the dwelling provided that the same are constructed in line with the general
architectural design and construction standards used in the dwelling itself.
2. DWELLING COST, QUALITY AND SIZE: No single-family attached or
detached dwelling unit shall be permitted on any such lot or lots which shall give to the
improved lot or lots on which die said single-family attached or detached dwelling unit is
constructed an appraised valuation of less than One Hundred Twenty Thousand and No/100
($120,000.00) Dollars; such valuation to be based upon cost levels prevailing at the date these
covenants are recorded; it being the intention and purpose of this covenant to provide that all
dwellings shall be of quality and workmanship substantially the same or better than that which
can be produced on the date these covenants are recorded for the minimum value herein stated
for the minimum permitted dwelling size Slab construction is not permitted.
No single-story residence or dwelling unit shall be constructed which shall have a heated
area living space of less than 1500 square feet. No two-story residence or dwelling unit shall
be constructed which shall have heated area living space of less than 1500 square feel of which
a minimum of 800 square feet shall be for the first Floor of said two-story dwelling. Heated area
living space shall mean the ordinary living space in a house which is designed and constructed
to be capable of being heated for regular living use in cold weather. In the computation of floor
space, furnace room and exterior storage areas, garage and porches shall not be counted. No
residence may be constructed without a garage. Any plan for construction of a detached garage _
must have the prior approval of the Developer, as set out in Paragraph 21 of these restrictive
covenants.
3. BUILDING LOCATION: The building line of any dwelling house of the
buildings appurtenant thereto shall not be less than 35 feet from the lot line which the dwelling
house fronts. Interior lot line and side yard set-back requirements shall be as provided in die
City of Jacksonville and/or Onslow County Subdivision Regulations governing residential
developments. In die event that the regulatory boards for die City of Jacksonville and/or Onslow
RECEIVED
e
JAN 19 2001
DWQ
PROJ #
01/17/2001 15:54 9103461729 CORE LEGAL CLINIC PAGE 63
County Commissioners at a later time adopt a "zero lot line" set back for the development then
that ordinance shall apply to this development. Where a garage or other permitted accessory
building is located within 30 feet of the rear property line, then there shall be a 5 feet side yard
requirement for the rear 30 feet of the lot. A rear yard set-back requirement of 35 feet shall be
maintained for those lots abutting other properties outside this subdivision.
With respect to corner lots, the building line of any dwelling house or unit of the building
appurtenant thereto shall not be less than 35 feet from the street on which the dwelling house
or unit fronts. The provisions of the City of Jacksonville and/or Onslow County Subdivision
Regulations governing residential developments shall be complied with in determining the set
back from the side street property line and the required rear yard, if any.
For the purpose of these covenants, eaves and steps shall not be considered as a part of
a building;provided however,that this shall not be construed to permit any portion of a building
to encroach upon another lot. Open fire escapes, outside stairways, the ordinary projections of
chimneys and flues, swimming pools, flag poles, decorative fountains and other similar items
are not subject to the building lines so long as they do not obstruct light and ventilation
necessary for the structure on the adjoining lot. A variance no more than 10% of the set-back
requirements of this covenant shall be deemed to be in compliance with the requirements stated
herein.
--
No more than 3,000 square feet to any lot shall be covered by structures, inclusive of
Cin
ights of way, and/or paved surfaces, including walkways or patios of brick, stone, slate or
ilar materials. This covenant is intended to insure continued compliance with storm water
unoff rules by the State of North Carolina and therefore benefits may be enforced by the State
f North Carolina.
4. ERECTION OF FENCES AND SIGNS No fence shall be erected on any lot
closer to the front of the lot than the house's rear corner. No fence shall be built within flte
easement for utilities as set forth in Paragraph 5(a) of these covenants. A minunum three-foot
wide gate must be constructed if the fencing is across the "maintenance area" described in
Paragraph 5(b) hereof. Fencing traversing a lot shall be parallel with the front lot line.
Provided however,that with respect to corner lots,no fencing shall be erected or maintained any
closer than forty-five(45) feet from the front property line, not to exceed a ten-foot extension
from the back comer of the house (extended from the back line of the house); and in the event
a house has already been established on the lot adjacent to the corner lot, no fencing shall be
erected on the comer lot any closer to the front of the lot than the distance the front comer of
the adjacent structure is from its front property line; in any event, fencing shall be no closer than
the house's rear corner. Solid privacy fences over three (3) feet in height shall not be built
within twenty-five (25) feet of a public right-of-way.
No fences, including decorative split-rail fences, are permitted in the front yard of a lot.
5. EASEMENTS:
(a) For Utilities and Drainage: Easements for installation and maintenance
of utilities and drainage facilities are reserved as shown on the recorded plat. Within these
easements, no structure,planting or other material shall be placed or permitted to remain which
may interfere with the installation and maintenance of utilities, or which may change the
direction or flow of drainage, or which may obstruct or retard the flow of water. All areas
indicated as streets and easements on the recorded plat are hereby dedicated to public use for
such uses forever;
(b) For Repairs and Maintenance: The lot owner having an abutting wall or
a wall within five (5) feet of his lot line shall have a five-foot easement along said lot line on
adjacent lot owner's property for the purpose of repairs and maintenance of said abutting wall
or wall within five feet of the lot line where such repairs and maintenance cannot be
accomplished otherwise.
(c) For overhangs. extensions and oroiections: As to lot owners of adjacent
lots which have an abutting wall, easements are reserved over those portions of the adjacent lot
01/17/2001 15:54 9103461729 CORE LEGAL CLINIC PAGE 04
owner's property that may be necessary or required to accommodate drainage and utilities and
overhanging eaves or other cantilevered construction which may encroach upon the adjacent lot
owner's property or the air and light space above such other lot owner's property.
(d) For underground cables and/or installation of street lighting, The
Developer or their Assigns reserves the right to subject the real property in this subdivision to
a contract with Carolina Power & Light Company or any other utility company for the
installation of underground electric cables and/or the installation of street lighting, either or both
of which may require an initial payment and/or continuing monthly payment to Carolina Power
&Light Company or any other utility company by the owner of each building. Also the County
of Onslow may levy special lax assessments against each lot to install street lighting.
6. ILLEGAL ACTIVITY: No illegal, noxious or offensive activity shall be
permitted or carried on any part of said land, neither shall anything be permitted or done which
is or may become a nuisance or a source of embarrassment, discomfort or annoyance to the
neighborhood. No trash, garbage, rubbish, debris, waste material or other refuse shall be
deposited or allowed to accumulate or remain on any part of said land,or upon any land or lands
contiguous thereto. No fires or burning of trash, leaves, clippings or other debris or refuse shall
be permitted on any pan of said land without the required permits issued by the appropriate
authority.
7. ARTESIAN WELLS: No artesian wells may be drilled or maintained on any
building tot without first obtaining the consent of the Developer. The central water supply
system provided for the service of said land shall be used as the sole source of water for all
water spigots and outlets located within all buildings and improvements located on each building
lot. No individual water supply system or well shall be permitted on the building lot except to
supply water for air-conditioning or heating installation, irrigation purposes, swimming pools
or other exterior use. All lots shall be subject to service charges and fees and any and all
assessments levied in connection with the central water supply system service to the respective
subject lots.
8. ANIMALS AND LIVESTOCK: No animals, livestock or poultry of any kind
shall be raised, bred or kept, on the property, except cats, dogs and other common household
pets and they shall not exceed three (3) of each, provided that they are not kept, bred or
maintained for any commercial purposes. Household pets shall not roam freely; they must
remain in the yard or, if not in the yard, on a leash.
9. AUTOMOBILES: No automobiles or motor vehicle may be dismantled on said
property. No mechanically defective automobile or currently unlicensed automobile shall be
placed or allowed to remain on said property over ten(10)days. No junked cars shall be placed
or allowed to remain on the property.
10. OBSTRUCTIONS: The Developer shall have the right, but not the obligation,
to remove or require the removal of any fence, wall hedge, shrub, bush, tree or other object,
natural or artificial, placed or located on any building plot, if the location of the same will, in
the sale judgment and opinion of the Developer, obstruct the vision of a motorist upon any of
the access ways.
11. REGULATE TRAFFIC: The Developer shall have the right, but no the
obligation, from time to time to control and regulate all types of traffic on said access ways,
including the right to prohibit use of said access ways by traffic which, in the sole discretion of
the Developer, would or might result in damage to said access ways or pavements or other
improvements thereon, and the right, but not the obligation to control and prohibit parking on _
all or any part of said access ways.
12. TYPE OF CONSTRUCTION: No building or other improvement may be
constructed with an exterior wall finish of material of concrete or cinder block type construction
or shall be finished in asbestos siding shingles.
13. WINDOW AIR-CONDITIONERS: No window air-conditioning units shall be
installed in a building is visible from the road which the building faces.
01/17/2001 15:54 9103461729 CORE LEGAL CLINIC PAGE 05
14. UTILITY: All telephone, electric and other utility lines and connections between
the main utility lines and the residence and other buildings located on each building plot shall
be located underground.
15. UTILITY COMPANY: 'Be developer reserves the right to subject the real
property in this entire subdivision to a contract with the Carolina Power& Light and/or City of
Jacksonville or any other utility company, for the installation of underground electric cables
and/or the installation of street lighting, either or both, of which may require a continuing
monthly payment to the owner of the lot.
16. TYPE OF RESIDENCE: No trailer, basement, garage or any outbuilding of
any kind, other than a guest house or servant's quarters, even if otherwise permitted hereunder
to be or remain on a building lot, shall be used as a residence either temporarily or permanently.
17. DEVELOPER SIGNS: Nothing contained in these covenants and restrictions shall
prevent the Developer, approved Builder, or any person designated by the Developer, from
erecting or maintaining such commercial or display signs and such temporary dwelling, model
house and other structures as the Developer may deem advisable for development purposes.
18. SIGNS: No sign or signs other than a "For Sale" or "For Rent" sign shall be
displayed on the property, and these signs shall not exceed five (5) square feet total area.
19. SWIMMING POOLS: No swimming pool shall be constructed on any lot unless
the proposed location shall have been first approved in writing by the Developer and said pool,
with required fence, shall be built in accordance with all applicable City of Jacksonville and/or
Onslow County Zoning Ordinances and Regulations. Above ground pools are not permitted.
20. MAIL BOXES: No mail box or paper box or other receptacle of any kind for
use in the delivery of mail or newspapers or magazines or similar material shall be erected or
located, on any building lot unless and until the size, location, design and type of material for
said boxes or receptacles shall have been approved by the Developer. To insure uniformity,the
Builder does hereby agree to provide the original mail box post. If at any future time the post
becomes damaged or has to be replaced for some other reason, it will be replaced with a post
of the same size and material at owner's expense.
21. APPROVAL OF PLANS: No construction shall begin on any lot, neither shall
any building or other improvement be erected,placed or altered on any lot until the construction
plans and specifications and plans showing location of the structure on the individual lot have
been approved in writing by We Developer, its successors or assigns. This approval shall be as
to the quality of workmanship and materials, harmony of external design with existing
structures, and as to the location with respect to topography and finished grad elevation. The
Developer may delegate its duties under this paragraph to an arcbitectural committee created for
this purpose. Such assignment will he by a document recorded in the office of the Register of
Deeds for Onslow County, North Carolina.
22. RADIO OR TELEVISION AERIALS: Except as provided below, no radio or
television aerial, antenna or satellite dish, or any other exterior electronic or electric equipment
or devices or any kind shall be installed or maintained on the exterior of any structure located
on a building lot or any other portion of any building lot. A satellite dish, no greater than
eighteen (18) inches in diameter may be installed, as long as it is not visible from the street.
23. AMENDMENT OF COVENANTS: These covenants are to run with the land and
shall be binding on all patties and all persons claiming under them for a period of twenty-five _
(25)years from the date these covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of ten(10) years unless an instrument signed by
a majority of the then owners of the lots has been recorded, agreeing to change said covenants
in whole or in part. During the first twenty-five (25) year Period, these covenants may be
amended in full or in part by an amendment, signed by not less than eighty (80%) percent of
the owners of the numbered lots. To be effective, any amendment must be recorded.
01/17/2001 15:54 9103461729 CORE LEGAL CLINIC PAGE 06
24. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate any covenant either to restrain
violation or recover damages. The Developer of Williamsburg Plantation Homeowner's
Association, or any lot owner; shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, reservations, liens and charges now or hereafter 'unposed by
the provision of this Declaration. Failure by the Developer or by a lot owner to enforce any
covenants or restrictions herein contained shall in no event be deemed a waiver of the right to
do so thereafter.
Reference is also hereby made to the Declaration of Covenants, Conditions, and
Restrictions recorded in Onslow County Registry, which recording created the Williamsburg
Plantation Homeowners' Association. Each lot owner hr,Regency Park of Williamsburg
Plantation Section.One, is also a member of the Williamsburg Plantation Homeowners'
Association.
25. VALIDITY: Invalidation of any one of these covenants by judgment or court
order shall in no way affect any of the other provisions which shall remain in full force and
effect.
IN TESTIMONY WHEREOF, JOHN KOENIG, INC.,has caused this instrument to be
signed and sealed this the day of , 2001.
JOHN KOENIG, INC.
BY:
President
ATTEST:
Secretary (Corporate Seal)
NORTH CAROLINA
ONSLOW COUNTY
1, a Notary Public of the County and State aforesaid, certify that
, personally came before me this day and acknowledged that
_he is Secretary of JOHN KOENIG, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its[tame by its President, sealed with its corporate
seal and attested by as its Secretary.
Witness my hand and official stamp or seal this day of
2001.
Notary Public
My Commission Expires: —