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
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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
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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
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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:
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Assistant Secre G6rpprate961)
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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
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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'.
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