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HomeMy WebLinkAboutSW8001114_HISTORICAL FILE_20120912 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8a&� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS 19"HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2ataoq (Q YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary September 19, 2012 Williamsburg Plantation Homeowners Association, Inc. C/o Current HOA President 301 Western Blvd Suite C Jacksonville, NC 28546 Subject: Stormwater Permit No. SW8 001114 Name/Ownership Change Regency Park Section 1 High Density Subdivision Project Onslow County Dear Current HOA President: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes; which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. On August 29, 2012, the Division of Water Quality (DWQ) received a permit and Name/Ownership Change Form from John Koenig, Inc. A file review and site inspection was performed on July 19, 2012 by DWQ and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. The Division is hereby notifying you that permit SW8 001114 has been and transferred on September 19, 2012, and shall be effective until March 27, 2015, which includes the extensions. For your records, please find enclosed a copy of the updated page 2 of the previously issued permit, a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on August 29, 2012. Please attach this cover letter and updated page 2 to your permit originally issued on March 27, 2001. This permit is subject to the conditions and limitations as specified in the previously issued permit. Please pay'special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, 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 by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 DENR Assistance'.1-877 623-6748 NorthCarolina Internet ncvvaterquality.org- 'J�'fatum//I An Equal Opponunityt Affirmative Action Employer ��/ K!N(`/✓� If you have any questions, need additional copies of the permit or approved plans, please contact David Cox with the Division of Water Quality in the Wilmington Regional Office at (910) 796-7215. ;Sinc rely, � 0,L fo. Charles Vvakild, P.E., Director Division of Water Quality GDS/dwc: S:\WQS\Stormwater\Permits & Projects\2000\001 1 14HD\2012 09 permit 001114 cc: John Koenig Day�Newsem� Wilmington Regional Office Stormwater File Page 2 of 2 r . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT TRANSFER REQUEST FORM (Pursuant to N.C.G.S. 143-214.7(c2)/Session Law 2011-256) This request form is for a transfer of the stormwater permit from a current permittee who is the declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration pursuant to N.C.G.S. 143-214.7(c2)/Session Law 2011-256. I. 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 request. Please notify OWQ prior to the submittal of this transfer form to request an inspection of the stormwater system. 1.This completed and signed form. 2. Legal documentation showing that common areas related to the operation and maintenance of the stormwater management system have been conveyed to the proposed permittee in accordance with the condominium or planned community declaration. 3. Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant. 4. A copy of any recorded deed restrictions, covenants, condominium/planned community declaration or easements, if required by the permit. 5. 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. 6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the proposed permittee is a legal entity and the named representative has the authority to act on behalf of the proposed permittee. 7. 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. F-CEIVE AUG 2 9 2012 Page 1 of 3 By: II. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8-001114 2. Project Name = tiZ.�- .c r.cy ��:=..rlce:� c : c„-. 9 3. Current Permitee's Company Name/Organization: John Koenig Inc. 4. Signing Official's Name: John Koenig Title: President 5. Mailing Address: 6432 Yadkin Street City: Fayellevile State: INC Zip:_ 28 11 6. Phone: (910)864-1978 Fax: (_9 1 0 )864-00 1 5 III.PROPOSED PERMITTEE I OWNER I PROJECT If ADDRESS INFORMATION The proposed permittee identified in the condominium or planned community's declaration is the following (check one): 0 Unit Owners Association 0 Owners Association 0 Other Management Entity Proposed Permittee's: 1. Company Name/Organization: _W i l l i a m s b u rc1 P l a n to t i o n Homeowners Association Inc- l. Contact Name & Title (Please provide name of company/organization's authorized representative or agent and her/his official title such as President): Advantage Gold Realty, Inc. (management agent & registered agent) 3. Mailing Address: 301 Western Blvd. Suite C City: Jadearmle---- ----State: NC Zip: 29546 4. Phone: (910P53-M Fax: (------ IV- CURRENT PERMITTEE'S CERTIFICATION I,Jdm Koenig the current permittee, am submitting this request for a transfer of stormwater permit #SW8001114 . I hereby attest that I have met the requirements of N.C.G.S. 143-214.7(c2)/ Session Law 2011-256, and propose to transfer the permit to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration. The common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners association or owners association in accordance with the declaration. I hav SKE!f the most recent permit, the designer's certification for each BMP, any recorded ed restrictions, covenants, or easements, the DWQ approved plans and/or approved as-bu p1h7 218 ov operation and maintenance agreement, past maintenance records, and the Q stormwater inspection report evidencing compliance to the proposed permittee named iroySection-111-of-this-form. further attest that this request for a permit transfer is accurate and complete to the best of my knowledge. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be Page 2 of 3 returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Secti o is I understand that this permit transfer cannot be approved by the DWO unle and until the facilit i i nr rr he permit. I Signat re: Date: I, _ n�""� 3 ( , a Notary Public for the State of 4 C'r a �n4 County of baf do hereby certify that p jv„� 5. Xuen.�c personally appeared before me this the QOTh day of Aurt 201 2, , and acknowledge the due execution of the forgoin instrument. W'trv�ss my hand and official seal, (Notary Seal) �`�_ 'awl Notary Signature (k�J0.� lA '" It is recommended that all documents that are required for the transfer of this permit be sent by a traceable delivery method to the proposed permittee. 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 the 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 Win Sale al yh �► �° tr y p[a DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 v ngtaa Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 a � Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 2012 Winston-Salem ...... (336) 771-5000 Auk Z9 Central Office .........(919) 807-6300 Page 3 of 3 (Page 1 of 9) ,. SIN 2� zo Rk"A 'r Ppepar< by, L. Robert Coxe, SII .. Bag 18 0 8 Pg 3 9 0 202 Fr; -6 P'i 3: L16 THIS DOCUMENT PRESE T NTED FD E THE ONS OW COUNTY ggg` DATE r:� ERK RetardIrrg Tim. Book and Page Excise Tax f 0,G0 Tax Lot No. parcel Identifier No. 1. Verified by County an the _ day of , 19_ ` by I Mail after recording to L. Robert Coxe, III This instrument was prepared by L. Robert Coxe, III i Brief Description for the index r( NORTH CAROLINA GENERAL WARRANTY DEED I THIS DEED made this Nov 20, 2001, by and between y4S , GRANTOR GRANTEE ! John Koenig, Inc. Williamsburg Plantation Homeowners Asdoaintion, Inc. f t The designation Grantor and Grantee as used herein shall include said parties, their heirs, 111 successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents done grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Jacksonville, Jacksonville Township, Onalow County, North Carolina and more particularly described aa' follows, All those Create an shown on Exhibit •A" attached hereto. ' f r F 4 i T E'. NOTE; THIS FORK CONTAINS REVISIONS MICH ARE DIFFERENT FROM THE PROVISIONS OF THE OFFICIAL FORM PROMULGATED BY,THE NORTH CAROLINA BAR ASSOCIATION.AND SHOULD BE CAREFULLY REVIEWED PRIOR TO EXECUTION. ook: 1808 Pace: 390 Sea: 1 (Page 2 of 9) I BBGH 1000 ?1GE391 i EXHIBIT"A" TRACT _ BEING all of that certain tract of property designated"3'strip to be dedicated to Home Owners Association for fence",as well as that certain tract designated as"Area to be dedicated to Home Owners Association",as well as the 30'x 30'sign easement as shown on a plat entitled RICHMOND PARK SECTION I OF WILLIAMSBURG PLANTATION;and recorded in Book 36,Page 101,Onslow County Registry. TRACT II BEING all of that certain tract of property designated"3'strip to be dedicated to Home Owners Association for fence",as well as that certain tract designated as"Area to be dedicated to Home Owners Association",as shown on a plat entitled RICHMOND PARK SECTION II OF WILLIAMSBURG PLANTATION,and recorded in Book 37, Page 32,Onslow County Registry. TRACT IN I BEING all of that certain tract of property designated"3'strip to be dedicated to Home Owners Association for fence',as well as that certain tract designated as"Area to be dedicated to Home Owners Association",as shown on a plat entitled RICHMOND PARK SECTION III OF WILLIAMSBURG PLANTATION,and recorded in Book 39, Page 126A,Onslow County Registry. { TRACT IV BEING all of that certain 1.2 acre tract of property designated as"Storm Water Easement",that certain tract of property designated"3'strip to be dedicated to Homeowners Association for fence',as well as those certain tracts designated as"area to be dedicated to Homeowners Association for fence",as shown on a plat entitled REGENCY PARK SECTION 1 OF WILLIAMSBURG PLANTATION,and recorded in Book 41,Page 157,Onslow County Registry. TRACT V BEING all of that certain tract of property designated"3'strip to be designated to be dedicated to Home Owners Association for fence",as well as those certain tracts designated as 01,#2,#3,#4,as shown on a plat entitled HYDE PARK SECTION I OF WILLIAMSBURG PLANTATION,and recorded in Book 38,Page,178,Onslow County Registry. . nook: 1808 Paae: 390 Sea: 2 '(Pane 3 of A) BOOK 808 RUM 9 2 1 TRACT VI F BEING all of that certain tract of property designated as"Storm Water Easement"as F shown on a plat entitled HYDE PARK SECTION I OF WILLIAMSBURG I , PLANTATION,and recorded in Book 38,Page 178,Onslow County Registry. TRACT VII BEING all of that certain tract of property designated as"Future Recreational Area"on Albany Drive as well as those certain tracts designated as"Y strip to be dedicated to the Homeowners Association for fence"and"this area to be dedicated to Homeowners Association for fence'as shown on a plat entitled Lots 1 and 33 HYDE PARK j SECTION I OF WILLIAMSBURG PLANTATION,and recorded in Book 41,Page 27, f Onslow County Registry. i TRACT VIII 1 { BEING all of that certain tract of property designated as"Future Recreational Area"on the comer of Albany Drive and Fairmont Lane,as shown on a plat entitled Lots l&33 i. HYDE PARK SECTON I OF WILLIAMSBURG PLANTATION,and recorded in Book i 41,Page 27,Onslow County Registry. i TRACT IX 1 . � BEING all of that certain 6.02 acre tract of properly designated"Private Soccer Area"as well as the 30'00'sign easement as shown on a plat entitled HYDE PARK SECTION I OF WILLIAMSBURG PLANTATION and recorded in Book 38,Page 178A,Onslow t County Registry. As to all tracts granted herein there is hereby reserved unto the GRANTOR an easement for ingress and egress over said tracts,as well as an easement over,across,and under - each tract for the purpose of installation,maintenance and repair of utilities,said easements to serve any portion of property owned by the GRANTOR,its successors or - assigns. . t ook: 1808 Paae: 390 Sea: 3 '(Page 4' G: .4) a_ h BOBit 1808 WE393 The property hercinabove described was acquired by Grantor by instrument recorded in Book , Page . A map showing the above :described property is recorded in Book , Page . TO HAVE'AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the,.Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, hae'the right-to convey the name in fee simple, that title is morketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title again., the lawful claims of all persona whomsoever except for the exception hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto act his hand and seal, or if corporate, has caused chi. instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. j John Kouni no. 1 (SEAL) (CO me) By: J bn xoeni (SSAI.I PFA dbnl, (SEAL) yaVeaQa RI�G?mb7• ,Y •:iC (SEAL) A6piattil)C'Se�zetary (Corporate Seal) SEAL-STAMP NORTH CAROLINA, Onsloe County. I, a' Notary Public of the County and State aforesaid, certify that Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witneas my hand and official stamp I or seal, this day of _ My commission expires: Notary Public SaAL..gTAMP NORTH CAROLINA, Onslow County. I, -',Notary Public of the County and State aforesaid, certify that LeVonne .'p,(+�,,..'.9i�'•, A_Gamble personally came before me this day and acknowledged that he/she is Aeaiatant Secretary of John Koenig, Inc., a North Carolina corporation, T,`�7ffjjg1''..'2 ' and that by authority duly given and as the act of the corporation, the ' foregoing instrument was signed in its name by it President, sealed with '= =•�a� ' .its corporate seal and attested by him/her as its) Assistant Secretary. b -Witness my hand and oF.' ial stamp or seal, this h�f�day of p7� A ;`P ' My tom Last exp x a)2 0 1 I •::f1U�1., ' ^ � :rotary Public The foregoing Certificate(e) of Amanda Hamilton ia/dre certified to be correct. This instrument and this certificate are duly registered at th�ledace angd time and n the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR Onalow COUNTY gy Deputy/Assistant-Registor of Deeds. i I 7�7 V NOTE: THIS FORM CONTAINS REVISIONS WHICH ARE DIFFERENT FROe THE PROVISIONS OF THE OFFICIAL FORM PROMULGATED BY THE NORTH CAROLINA BAR ASSOCIATION AND SHOULD BE CARENLLY REVIEWED PRIOR TO EYECJT:ON. nook: 1808 Page: 390 Sea: 4 w NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 30, 2012 Mr. John Koenig, Owner 6432 Yadkin Rd. Fayetteville, NC 28303 NOTICE OF INSPECTION Williamsburg Plantation (Regency Park Section 1) Stormwater Project No. SW8 001114 Onslow County Dear Mr. Koenig: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on July 19, 2012 to determine compliance with Stormwater Permit Number SW8 001114 issued on March 27, 2001. Based on a file review and site visit, this office has determined that Stormwater Project No. SW8 001114iis currently in compliance with the permit. Please be reminded that if any ownership or,name change has occurred it is the permittee's responsibility to notify this office in writirig. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, David Cox Environmental Senior Specialist GS/dwc: S:\WQS\STORMWATER\PERMITS&PROJECTS\2001\001114HD\2012 07 cei_comp 001114 cc: Georgette Scott David Newsom Wilmington Regional Office David Cox Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-7215\FAX:gill-350-2004\DENR Assistance:1-877-623-6748 NorthCarolina Internet: w .nmaterquality.org a�ry An Equal Opportunity l AKnnative Action Employer Na s "/�N�//y Compliance Inspection Report Permit: SW8040733 Effective: 07/17/06 Expiration: 07/17/20 Owner: John Koenig Project: Huntington Park @ Williamsburg Plantation County: Onslow Williamsburg Pkwy Region: Wilmington Jacksonville NC 28540 Contact Person: John Koenig Title: Owner Phone: 910-488-1976 Directions to Project: From intersectionof Western Blvd.&Gum Branch Road in Jacksonville,go approx.0.1 mile southeast on Gum Branch road to Williamsburg Pkwy. Right on Williamsburg Pkwy.Site is apporx 0.1 mile on right. Type of Project: State Stormwater-HD- Detention Pond Drain Areas: 1 -(NEW RIVER) (03-05-02) (C;NSW) On-Site Representative(s): Related Permits: SW8050629 John iKoeing-Kensington Park Inspection Date: 07/19/2012 Entry Time: 10:30 AM Exit Time: 02:30 PM Primary Inspector: David W Cox Phone: 910-796-7215 Secondary Inspector(s): Christopher Baker Phone: Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: ■ Compliant Q Not Compliant Question Areas: State Stormwater (See attachment summary) Page: 1 Permit: SW8040733 Owner-Project: John Koenig Inspection Date: 07/19/2012 Inspection Type: Transfer Renewal Reason for Visit: Routine Inspection Summary: This project is in compliance with terms and conditions of the permit. Proceed with transfer. File Review yes No NA NE Is the permit active? - - Y ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? - ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑ Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? m ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ■ ❑ ❑ ❑ upon request? Comment: Certification provided on 04-19-2012 as conformation of maintenance. Page: 2 JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING—LANDTLANNING—MAPPING P.O.BOX 1685 JACKSONVILLE,NC-28541 OFFICE:(910)346-9800 PAX:(910)346-1210 Letter of Transmittal E-MAIL:bettvba ilpnacom Or briani n.ilpnc.com DATE: March 21,2011 TO: Mr. Steven Pusev ATTENTION: N.C. Department of EnvironmentRe Ste: ::and Natural R Fuse Resources—Department of Stormwater Emerson Park Section II—S W8 080115 127 Cardinal Drive Extension Wilmington,NC 28405 COPIES DATE NUMBER DESCRIPTION 2 Copies of revised Page 1 of Low Density to reflect 84 lots 1 Copy of your e-mail to Dave Newsom f A AR 9,3 20 REMARKS: SIGNED: r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary March 18, 2011 Mr. John Koenig 6200 Ramsey Street Fayetteville, NC 28311 Subject: Permit Extension, Session Laws 2009-406 and 2010-177 Stormwater Permit #SW8 001114 High Density — Regency Park, Section I @ Williamsburg Plantation Onslow County Dear Mr. Koenig: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010- 177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 001114 which was set to expire on March 27, 2011, is now in effect until March 27, 2015. Please resubmit the renewal application and fee at least 180 days prior to March 27, 2015, which would be September 27, 2014. A copy of the Renewal Application can be obtained from the following website: hftp://portal.ncdenr.org/web/wq/ws/su/statesw/forms—docs. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, �Scott Stormwater Supervisor Division of Water Quality S:\WQS\STORMWATER\RENEWAL\SL2009-406 2010-177\001114.mar11 cc: Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-7215\FAX:910-350-20041 Customer Service:1-877 623-6748 North Caro l i n a Internet:w .ncwaterquality.ory ��������� An Equal Opponunily 1 Affirmative Action Employer � r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Dee Freeman Governor Director Secretary March 1, 2010 i Mr. John Koenig 6200 Ramsey Street Fayetteville, NC 28311 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 001114 Regency Park, Section I @ Williamsburg Plantation Onslow County Dear Mr. Koenig: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 001114 to Regency Park, Section I @ Williamsburg Plantation for a High Density Project on March 27, 2001. This permit expires on March 27, 2011. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00: If this is still an active project please complete and submit the enclosed renewal application prior to September 27, 2010. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. i If you have any questions, please feel free to contact David Cox at 910-796-7318. Since ly, 1-7 Georgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures GDS/dwc S:\WQS\Stormwater\Renewal\Requests\2001\001114.marl0 cc: Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 North Caron na Internet:www.ncwaterqualiry.org �aturalty An Equal Opportunity 1 Afrmative Action Employer Subject: Requested Information From: Jo Casmer<To.Casmer@ncmail.nety Date: Fri, 13 Jun 2008 14:49:08 -0400 To:j_buddy@earthlink.net Below is the information you requested regarding various Stormwater Permits. All of these projects are owned by John Koenig Emerson Park, SW8080115, effective until rescinded. Hunt ington_Park,_SW8040733,_expires_7_/17/2016._j Regency Park, Sec. 1, SW6001114, expires 3/27/2011. Williamsburg Parkway, SW8960327, effective until rescinded. Regency Park, Sec. 11, SW8020919, expires 8/26/2013 Williamsburg Plantation, Richmond Parkway SW6951220, expired 10/21/2007 If you require additional information, I can make the files available to you for a file review. You will need to call me to schedule a day and time to come in. Jo Casmer Administrative Assistant NC Dept. of Environment & Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7245 Fax: (910) 350-2004 b let, l of 1 6/13/2008 2:49 PM Subject: Requested Information From: Jo Casmer Uo.Casmer@ncmail.nety Date: Fri, 13 Jun 2008 14:49:08 -0400 To:j_buddy@earthlink.net Below is the information you requested regarding various Stormwater Permits. All of these projects are owned by John Koenig Emerson Park, SW8080115, effective until rescinded. Huntington Park, SW8090733, expires 7/17/2016. CRegency=Pa r-k,—Sec.-1-,—SW8001-1-14,—expi res_3/ZU 2011.,y Williamsburg Parkway, SW8960327, effective until rescinded. Regency Park, Sec. 11, -SW8020919, expires 8/26/2013 Williamsburg Plantation, Richmond Parkway SW8951220, expired 10/21/2007 If you require additional information, I can make the files available to you for a file review. You will need to call me to schedule a day and time to come in. Jo Casmer Administrative Assistant NC Dept. of Environment & Natural Resources - Division of Water Quality ` 127 Cardinal Drive Extension _ < iL •, ' ' Wilmington, NC 28405 Phone: (910) 796-7295 `;3„'•.t�' Fax: (910) 350-2009 r E b l a I of 1 6/13/2008 2:49 PM Subject: Requested Information From: Jo Casmer Uo.Casmer@ncmail.net> Date: Fri, 13 Jun 2008 14:49:08 -0400 To:j_buddy@earthlink.net Below is the information you requested regarding various Stormwater Permits. All of these projects are owned by John Koenig Emerson Park, SW8080115, effective until rescinded. Huntington Park, SW8040733, expires 7/17/2016. Regency Park, Sec. 1, SW8001114, expires 3/27/2011. Williamsburg Parkway, SW8960327, effective until rescinded. CRegency_Par-k,—Sec.i11,-SW8020919,--expires-8/-26/2013 F Williamsburg Plantation, Richmond Parkway SW8951220, expired 10/21/2007 If you require additional information, I can make the files available to you for a file review. You will need to call me to schedule a day and time to come in. Jo Casmer Administrative Assistant NC Dept. of Environment & Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7245 Fax: (910) 350-2004 I of 1 6/13/2008 2:49 PM Re. Stormwater pond blow out during Ernesto Subject: Re: Stormwater pond blow out during Ernesto From: Noelle Lutheran"<Noe Ile.Lutheran@nemai1.net> Date: Mon, 09 Oct 2006 11 :27:34 -0400 To: Tom Anderson <TAnderson a ci.jacksonviIle.nc.us> CC: Linda Lewis <linda.lewis@ncmail.net>, Dan Sams <Dan.Sams ct ncmail.net> Tom, Please ask the contractor to remove all of the eroded sediment from the wetland and then seed. The material must be removed to existing grade elevation using hand tools. If the contractor/developer has any questions concerning this matter, please have him contact me at 910-796-7379. Noelle Lutheran Linda Lewis wrote:. Tom: I think the removal of sediment in the wetlands may be an issue for our wetland folks, so I'll forward this to Noelle. However, as the delegated Erosion Control program for the ;State, I would think that the City of Jacksonville had the authority to require that the sediment be removed from the wetlands and dispose of properly, rather than just seeding it in place. I think that by allowing the sediment to stay in the wetland, we are sending the wrong message to the '� • '_"`° � development community, i.e. , you don't have to worry about cleanup when •,;,• ` �� something goes wrong. ( '" ', "• In the meantime, has the emergency spillway been repaired? Linda Linda Tom Anderson wrote: Linda, the emergency spillway for the pond at Regency Park Section I who' s map is dated November 3, 2000 washed out and a large amount of sediment was deposited downstream. We had the developer clean the stream and contacted the Corp of Engineers to see if they wanted the sediment cleaned out of the - wetlands. Brad Shaver said that he didn' t think there was anything he could do but said you might want to do something through the Stormwater "` "'w regulations. If you don' t we are going to have the developer seed and stabilize the sediment in place. Please let me know if you have any comments. Tom. o. I oft 10/9/2006 3:53 PM RE: Stormwater pond blow out during Ernesto Subject: RE: Stormwater pond blow out during Ernesto From: "Tom Anderson" <rAnderson@ ei.jacksonville.nc.us> Date: Fri, 6 Oct 2006 12:02:25 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> CC: <dan.sams a ncmail.net> The emergency spillway has been repaired and had the developer been at fault we would have him clean up the wetlands but this was a tropical storm that created this damage and if the state and federal agencies are not going to require a clean up neither am I. -----original Message----- From: Linda Lewis @nailto:linda. lewis@ncmail.net] Sent: Friday, October 06, 2006 10 :51 AM To: Tom Anderson Cc: Noelle Lutheran; Dan Sams Subject: Re: Stormwater pond blow out during Ernesto Tom: I think the removal of sediment in the wetlands may be an issue for our wetlands folks, so I ' ll forward this to Noelle. However, as the delegated Erosion Control program for the State, I would think that the City of Jacksonville had the authority to require that the sediment be removed from the wetlands and disposed of properly, rather than just seeding it in place. I think that by allowing the sediment to stay in the wetland, we are sending the wrong message to the development community, i.e. , you don' t have to worry about cleanup when something goes wrong. In the meantime, has the emergency spillway been repaired? Linda Linda Tom Anderson wrote: Linda, the emergency spillway for the pond at Regency Park Section I who' s map is dated November 3, 2000 washed out and a large amount of sediment was deposited downstream. we had the developer clean the stream and contacted the Corp of Engineers to see if they wanted the sediment cleaned out of the wetlands. Brad shaver said that he didn' t think there was anything he could do but said you might want to do something, through the Stormwater regulations. If you don't we are going to have the developer seed and stabilize the sediment in place. Please let me know if you have any comments. Tom. I of 1 10/6/2006 12:07 PM JOHN L. PIERCE & ASSOCIATES, P.A. i CAND SURVEYING -LAND PLANNING - MAPPING CIVIL ENGINEERING AUG � �f ?003 P.O. Box 1685 409 Johnson Blvd. Jacksonville, NC 28541 letter Of 1P111SllI1CCai Office: (910)346-9800 Fax No.: (910) 346-1210 DIVE ,,MI NO, E-Mail:jpierece@onslowonline.net August 15 2003 ATFE f1uN Linda Lewis RF.: Regency Park Section I -Permit No.SW8 001114 TO Ms. Linda nria T Pwi c N.C. Department of Environment and NaturalResources 197 North Cardinal Drive Wilmington, NC 28405 WE ARE SENDING YOU ❑ DRAWINGS ❑ APTACIIED ❑ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: ❑ COPY OF LETTER ❑ PRINTS ❑ PLANS ❑ SAMPLES ❑ SPHCIFICAI'IONS ❑ CHANGE ORDER ❑ COPIES DATE NUMBER DESCRIPTION 1 En ineer's Certificate 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 L ❑ Prints returned after loan to us SIGNED Regency Park Section I StorniNvater Pennit No. SW8 001114 Onslow County Designer's Certification I,L,M,,,�/K A/A , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for AZ ��� /�Dt�l (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. I Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: QrlLET �77tv�7U.�� Waft-, NO74Z7 :D 5c /N5/��cT/D✓S. 5777VCFU7Z& l ri/J S CFI// 7�/ j//2/D3 ii NTH /vO ui 4/D/7,L- 1vr 70 r�//VG7/ON r %el ` •fir�•0,,,4���, Signature •',���EESSIOA ti��y9 T9 2j� / / c� r 's Registration Number � �� SEA` _ P//Z/yZ 1816,8�Q,Date� �� lY�•�.-��'� vv�p0� cc: Onslow County Building Inspections 2 1 PE Certification Requirements: 7_ y? t 1. The drainage area to the system contains approximately the permitted acreage. T)/6/y"2. The drainage area to the system contains no more than the permitted amount of built-upon area. ✓� 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. The outlet/bypass structure elevations are per the approved plan.— 7EP4/ ZfO '2)117,103 7.21M. The outlet s ructure is located per the approved plans. Z . Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. y7 The inlets are located per the approved plans and do not cause short-circuiting of the system. 10., The permitted amounts of surface area and/or volume have been provided. /7Q( I. Required drawdown devices are correctly sized per the approved plans. ocJ'lit 1'4a ile�16!/Z/03 �� All required design depths are provided. I-L K, All required parts of the system are provided, such as a vegetated shelf, forebay. and vegetated filter. /L/Ll4 The overall dimensions of the system, as shown on the approved plans, are provided. S:\WQS\STORMWAT\PEREQ\001 114.MAR03 cc: Onslow County Building Inspections 3 07/16/2003 17: 14 910-346-1210 JOHN L PIERCE PAGE 01/01 MEMORANDUM t\ \ To: Linda Lewis /� From: David Newsom�1�` John L. Pierce& Ash iates Date: 7/16/03 Subject: Regency Park Section I SW8 001114 In response to your letter dated 3/24/03, please accept this memo as our official request to allow additional time for submission of the engineer's certification. I cannot certify the pond now as the outlet structure was improperly installed and does not provide the necessary storage volume and retention time. As mentioned to you by telephone, the contractor has now made three attempts to repair the deficiency. Unfortunately, the extreme precipitation of late has caused all 3 repairs to fail. The contractor intends to again make the necessary repairs to the outlet structure as soon as weather will allow. Upon successful completion of this repair work, it is my intention to provide the requested certification. We would appreciate you holding the pending permit for Regency Park Section II a short while longer until weather allows the contractor to perform the repair work. Book Page 1747 0513 ICI _ ( 2 ri Pr ared by and return to: L. Robert Coxe, III, Attorney at Law, 825 Gum Branch Square II, ite 107-108, Jacksonville, NC 28540 f � NORTH CAROLINA RESTRICTIVE COVENANTS Section I, Regency Park of ONSLOW COUNTY Williamsburg Plantation 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 41 Page 157 in the i 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 s plat, that all of said numbered lots shall be and same now are, to the extent hereinafter defined c 4 and described, subject to the following restrictions as to the use thereof, running with the said land by whomsoever owned, to-wit; k- c 11. LAND USE AND BUILDING TYPE: No numbered lot shall be used except for Fl 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 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. 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 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. I 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 JAN 0 8 2003 , ----- DwQ PROJ # Book Page 1747 0514 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. 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 run 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 lot 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 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 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 comer lot, no fencing shall be erected on the corner lot any closer to the front of the lot than the distance the front corner of the adjacent structure is from its front property line; in any event, fencing shall be no closer than r Book Page 1747 0515 the house's rear comer. 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 t 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. I (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 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 f. ; 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 i 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. I , Boot Page 1747 0516 9. AUTOMOBILES. ETC No automobiles, boats, campers or any 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. No trailer, mobile home, camper or like recreational vehicle shall be permitted to remain upon any lot unless it is located so as not to be visible from any street or road within the subdivision. O 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 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. r.. s Book Page 1747 0517 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 fplans 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. i 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 i 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 k amended in full or in part by an amendment, signed by not less than eighty (80%) percent of 4' 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 4 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 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. I IN TESTIMONY WHEREOF, JOHN KOENIG, INC., has caused this instrument to be signed and sealed this the 16th day of August 2001. HN KO NC. BY: (dent ATTEST: n,vim Assistant Secre G6rpprate961) I Boot Page 1747 0518 NORTH CAROLINA ONSLOW COUNTY 1, a Notary Public of the County and State aforesaid, certify that LaVonna R. Gamble personally came before me thisday and acknowledged that 'J s he is Assistant 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 name by its President, sealed with its corporate seal and attested by LaVonna R. Gamble as its Assistant Secretary. Witness my hand and official stamp or seal this 16th day of August 2001. Notary Public a apunrp,e My Commission Expires: 6/12/2005 *�NOAHAM/<T���� ®.-+s 0;1 'OUBUG ?w c ' �'•.,�'lC;�sass.U�:�•1,,��: CO aaaa�a ; tJ _ N NORTH CAROLINA,Oftante c017mlkmanda Hamilton The foregoing anifiutda)of Notary(iel fft 6 (are) certified to be correct. This imtruccent was, presented for registration and recorded in this office in Book Page 513 This 29 darof _ August'. �nni Fp 3. 12 a P kL F.avi.../ «d.,thufe.CwM hN..r•1 Dew