Loading...
HomeMy WebLinkAboutSW8110504_CURRENT PERMIT_20230303 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 ) 1050`- DOC TYPE © CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20230303 YYYYMMDD d„x SrAiFq v7, ROY COOPER Governor ELIZABETH.S.BISER Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality March 3, 2023 Onslow Investors, LLC Attn: Debra Ray Rouse, Manager 3684 C Henderson Drive Jacksonville,NC 28546 Subject: Permit Renewal Post-Construction Stormwater Management Permit No. SW8110504 Miller Motte College Facility Onslow County Dear Ms. Rouse: The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on March 2, 2024. The Division is hereby notifying you that permit S W8110504 has been renewed, updated, and re-issued on March 3, 2023, as attached. Please be aware that the renewal and re-issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until May 19,2029 and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. 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 OA14 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. If you have any questions concerning this permit, please contact in the Wilmington Regional Office, at phone# (910) 796- 7318 or aisia.freeman@ncderir.gov. Sincerely, Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment B—Built-Upon Area Allocation Attachment C—Permitting History copy of the Renewal Application Documents DES/af. \\\Stormwater\Permits&Projects\2011\1 10504 HD\HD 2023 permit 03 cc: Wilmington Regional Office Stormwater File ®F& �v North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405 names r�aauru 910.796.7215 Post Construction Stormwater Management Permit SW8110504 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Onslow Investors, LLC Miller-Motte College Facility EXPANSION 105 Frontier Way, Jacksonville, Onslow County FOR THE construction, operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the "stormwater rules') as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until May 19, 2029 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The stormwater control has been designed to handle the runoff from 159,921 square feet of impervious area. The built-upon area for the future development is limited to 0 square feet. 3. The maximum built-upon area allowed for the entire project is 159,921 square feet. The drainage area will be limited to the amount of built-upon area indicated in Sections 1.2 and 1.5 of this permit, and per approved plans. 4. A 50' wide vegetative buffer must be provided and maintained adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. Page 1 of 5 Post Construction Stormwater Management Permit SW8110504 5. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 5.56 Onsite, ft2: 242,143 Offsite, ftz: 0 b. Total Impervious Surfaces, ftz: 159,921 c. Average Pond Design Depth, feet: 3.8 d. TSS removal efficiency: 90% e. Design Storm: 1.5 f. Permanent Pool Elevation, FMSL: 42.75 g. Permitted Surface Area @PP, ft2: 14,570 h. Permitted Temporary Storage Volume, ft3: 19,608 i. Temporary Storage Elevation, FMSL: 44.00 j. Predevelopment 1 yr-24 hr. discharge rate, cfs: 0.13 k. Controlling Orifice: 2.00"0 pipe I. Orifice Flowrate, cfs : 0.07 m. Permanent Pool Volume, ft3: 55,811 n. Forebay Volume, ft3: 11,819 o. Maximum Fountain Horsepower: 1/6 p. Receiving Stream / River Basin: UT New River/White Oak q. Stream Index Number: 19-(1) r. Classification of Water Body: "C, NSW' II. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan. 2. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 4. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 5. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. Decorative spray fountains are allowed in the pond, subject to the following criteria: a. The minimum permanent pool volume is 30,000 cubic feet. b. The fountain must draw its water from less than 2' below the permanent pool surface. C. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. d. The fountain may not be placed into the forebay. e. The falling water from the fountain must be centered in the main pond, away from the shoreline. f. The maximum horsepower for a fountain in this pond is 1/6 horsepower. 7. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 2 of 5 > Post Construction Stormwater Management Permit SW8110504 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to be submitted, certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 9. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 10. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. All stormwater collection and treatment systems must be located in either public rights-of-way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such rights-of-way, common areas and easements, in accordance with the approved plans. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 12. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on-site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Page 3 of 5 Post Construction Stormwater Management Permit SW8110504 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, v. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2), b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on-site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Page 4 of 5 Post Construction Stormwater Management Permit SW8110504 Permit renewed, updated and reissued this the 3r' day of March 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION CRC WA "6�,.',Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Miller Matte College Facility Permit No.SW8110504 Approval Permit Action BIMS Date Version Description of the Changes Modified Plan Sheets High Density Commercial Wet Detention Pond Project-construction,operation and 5/19/2019 Original 1 0 maintenance of a wet detention pond in compliance with the provisions of I5A 1-8(of 8) Approval NCAC 2H.1000 and Session Law 2008-211.The stormwater control has been designed to handle the runoff from 152,017 square feet of impervious area. Name Change/Ownership Change-construction,operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 211.1000 and Session Law 2008-21 L The stormwater control has been designed to handle the runoff from 152,017 square feet of impervious area.A 50'wide vegetative buffer 8/16/2011 Minor I 1 must be provided adjacent surface waters,measured horizontally from and Modification perpendicular to the normal pool of impounded structures,the top of bank of both sides of streams and rivers and the mean high water line of tidal waters.The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans.The built-upon area for the future development is limited to 70,006 square feet. High Density Wet Detention Pond Project-construction,operation and maintenance of one(1)wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211.The stomwater control has been designed to handle the runoff from 159,921 square feet of impervious area. The built-upon area for the future development is limited to 0 square feet The maximum built-upon area allowed for the entire project is 159,921 square feet. The drainage area will be limited to the amount of built-upon area indicated in Sections 1.2 and 1.5 of this Major permit,and per approved plans. The following modifications are included and 222015 Modification L2 covered by this permit:1. The impervious area has increased which has required 1-10(of 10) an increase in the size of the pond.2. The permanent pool has been raised by 0.25ft,making it closer to the seasonal high water table elevation which was previously permitted.J.Notes:a.Two lots are shown on the plans,but the property owner owns bath lots and they are in the process of being combined This is permitted as a single lot project.b.As was previously permitted,a portion of the road is required to be treated in the wet pond. This area is shown as offsite drainage area on the application,and its associated impervious is shown as existing. 3/32023 Renewal 2.0 This permit shall be effective until May 19,2029 Page 1 of 1 Permit Number: '(zy 11 u50�{ (to be prov('ded by DWQ) Drainage Area Number: t Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected,repaired or replaced immediately. These deficiencies can affect the integrity of structures,safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed,until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the.basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. w — Once a year, a dam safety expert should inspect the embankment. A After the wet detention pond is established, it should be inspected once a month and Z within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a c Coastal County). Records of operation and maintenance should be kept in a known s t N eoe9 location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem; The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully,and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. I approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 J Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds,preferably by hand. If pesticide is used,wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead,diseased or Determine the source of the dying. problem: soils,hydrology,disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds,preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult'tat'l2totessi al to'rem'ove 50%of the area. and control the al al growth. I' Cattails,phragmites or other RemoJeruthe, t , vil g fh in invasive plants cover 50%of with pesticide(do not spray). ,. the basin surface. I py_ Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 r Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs re air. (if applicable) The outlet device Clogging has occurred, Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office,or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 8.75 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 7.75 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM ill in the blanks) 0 Permanent Pool Elevation 42_75 Sediment Removal .35..00 Pe manen Pool - ---------- -- Volume Sediment Removal Elevation 34.00 Vol7n. Bottom Elevatio 34.00 -ft Min _ ------------------------------ -----------.Sediment Bottom Elevation 33.00 1-ft Storage Sediment Storage FOREBAY �lVa IM U WE JAN 30 2015 BY:------- Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Miller Motte College Facility BMP drainage area numberr:I and only Print name:Debra R. 99y- P O U s Title:Manaeer, Onslow Investors, LLC Address:3684C Henderson Drive, Jacksonville, NC 28546 Phone:910 346-53 Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president - I, ) / p a,Notary Public for the State of 4 /�1 County of Gd ✓ do hereby certify that personally appeared before me this day of �� o f/`�, and acknowledge the due execution of the forgo in wet detention basin maintenance requirements. Witness my hand and official seal, BUC<O�i'' �p?ARp s tl7COvwsss` rJOAN FOVEEEL // 3 0 2015 4 ft My commission expires Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 UtMLH USt UNLY „ Date Received Fee Paid Permit Number I k I 14 3 505�e- i SfJE li o.50 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 110504 2. Project name: Miller Motte College Facility 3. Project street address: 105 New Fronlicr Way City: Jacksonville County: Onslow ZIP :ZVr1/G 4. What, if any, changes have been made to the project as permitted? None If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy- mineral-la nd-resources/energV-mineral-land-rules/stormwater-prop ram/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: Onslow Investors, LLC 2. Signing Official's Name: Debra Ray Rouse, Manager 3. Signing Official's Title: Member Manager 4. Mailing Address: 3684C Henderson Drive City: Jacksonville Stale: NC ZIP 28546 5. Street Address: same City: State: —ZIP : 6. Phone: (910) 347-4049 Email: debbi(o)abarents.com G 9t 1w [ MAR 0 2 2023 Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C.' SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: DRR 1. A permit application processing fee of$505.00 payable to NCDEQ. DRR 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation —a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC)—a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act" c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership —the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a —e above authorizing the signature of another entity. n/a 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. DRR 4. O&M Agreements, Please select one: ® I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. DRR 5. Designer Certifications, Please select one: ® A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. DRR 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. DRR 7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). httos://www.sosnc.gov/online services/search/by title/ Business Registration MAR 0 2 2023 BY: Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 �11 D: PERMITTEE'S CERTIFICATION I, bc� �" q_4_)C9 d_0 the person legally responsible for the permit, certify that I have a copy of the Permit an O&M Agreement�(or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, coor c1t and c\7/letelr. Signature: \I ',iiV` 1 Date: NOTARIZATION: I, /""°te ��SSQ S . Vje rr 5 a Notary Public for the State of IJ County of Q nS 0 L') , do hereby certify T that ✓C.tora.- gay RC) .As2 personally appeared before me this the 2 -7 day of FLU 20 2 3 , and acknowledge the due execution of the forgoing ii strumenfylWismes'i�dl rcl and official seal, NOTARY PUBLIC Onslow County (Notary Seal) North Carolina My Commission Expires I'August 18,2025 AJNotary Signature: A( ' 2, My commission expires g I I Z S MAR 0 2 2023 BY: Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Permit Na. SGv�//�So (to be provided by DWO) ATR9Oyr h NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form most be filled out,printed and submitted. The Required Items Checklist(Pad 111)must be printed,filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project name Miller Molts College Facility EXPANSION Contact person David K.Newsom,PE Phone number 910-3250006 Date 5112/2011 Drainage area number 1 111. DESIGN INFORMATION' Site Characteristics Drainage area 242,143 flz Impervious area,post-development 159,921 ft %impervious 66.04 % Design rainfall depth 1.5 in Storage Volume: Norl Waters Minimum volume required 19,505 ft3 OK Volume provided 19,608 it' OK,volume provided is equal to or in excess of volume required. Storage Volume: SA Waters 1.5'runoff volume it, Pre-development 1-yr,24hr runoff ft3 Post-development 1-yr,24-hrmnoff ft3 Minimum volume required rya Volume provided ft3 Peak Flow Calculations Is the pre/post control of the 1yr 24hr storm peak flow required? Y (Y or N) 1-yr,24-hr rainfall depth 3.7 in Rational C,pre-development 0.15 (unitless) Rational C,post-development 0.58 (unitless) Rainfall intensity:1-yr,24hr storm 0.15 inlhr OK Pre-development 1-yr,24-hr peak flow 0.13 ft'Isec Post-development 1-yr,24-hr peak flow 0.49 ft3lsec Pre/Post 1-yr,24hr peak flow control 0.36 ft'Isec Elevations Temporary pool elevation 44.00 fmsl Permanent pool elevation 42.75 fmsl SHWT elevation(approx.at the perm.pool elevation) 43.00 fmsl Top of 1Oft vegetated shelf elevation 43.25 fill Bottom of 1 Oft vegetated shelf elevation 42.25 fmsl Data not needed for calculation option 111,but OK if provided. Sediment cleanout,top elevation(bottom of pond) 34.00 fill Sediment cleanout,bottom elevation 33.00 fmsl Data not needed for calculation option tt1,but OK if provided. Sediment storage provided 1.00 It Is there additional volume stored above the state-required temp.pool? N (Y or N) I �/'�f�pp p Elevation of the top of the additional volume 44.0 fmsl OK E C E tl q� E i JAN 2 0 2015 BY: _ Form SW401-Wet Detention Basin-Rev.8-9/17/09 Parts I.811,Design Summary,Page t of 2 T Permit No. (to be provided by DWO) Ill. DESIGN INFORMATION - Surface Areas Area,temporary pool 16,802 ft' Area REQUIRED,permanent pool 14,567 ftz SAIDA ratio 6.02(unitless) Area PROVIDED,permanent pool,Ar,..i 14,570 ftz OK Area,bottom of 10ft vegetated shelf,Awc v,, 8,600 ftz Area,sediment cleanout tap elevation(bottom of pond),Ay,Lp„y 941 ft Volumes Volume,temporary pool 19,608 ft' OK Volume,permanent pool,V, ,. 55,811 ft' Volume,forebay(sum of forebays if more than one forebay) 11,819 ft' Forebay%of permanent pool volume 21.2%% OK SAIDA Table Data Design TSS removal 90% Coastal SAIDA Table Used? Y (Y or N) MountainlPiedmont SAIDA Table Used? N (Y or N) SAIDA ratio 6.02 (unitless) Average depth(used in SAIDA table): Calculation option 1 used?(See Figure 10-2b) Y (Y or N) Volume,permanent pool,Vp,__,, 55,811 ft' Area provided,permanent pool,Ar,.-P,y 14,570 ft Average depth calculated 3.83 It OK Average depth used in SAIDA,d,,,(Round to nearest 0.5ft) 3.8 ft OK Calculation option 2 used?(See Figure 10-2b) N (Y or N) Area provided,permanent pool,Ap, _pw 14,570 fit' Area,bottom of 10ft vegetated shelf,A„ ,,,, 8,600 fit' Area,sediment cleanout,top elevation(bottom of pond),Ay,. 941 112 'Depth'(distance blw bottom of 10ft shelf and top of sediment) 8.25 ft Average depth calculated 3.83 ft OK Average depth used in SAIDA,d.,(Round to nearest 0.5ft) 3.8 it OK Drawdown Calculations Drawdown through orifice? Y (Y or N) Diameter of orifice(if circular) 2.00 in Enter either diameter of orifice or area of non-circular orifice. Do not enter Area of orifice(if-non-circular) in' both diameter and area for a circular orifice. Coefficient of discharge(CB) 0.03(unitless) Driving head(H,) 0.42 ft Drawdown through weir? N (Y or N) Weir type (unitless) Coefficient of discharge(C.) (unitless) Length of weir(L) ft Driving head(H) It Pre-development 1-yr,24-hr peak flow 0.13 fttlsec Post-development 1-yr,24-hr peak flow 0.07 ft/sec Storage volume discharge rate(through discharge orifice or weir) 0.07 ft/sec Storage volume drawdown time 3.36 days OK,draws down in 2-5 days. Additional Information Vegetated side slopes 10 :1 OK Vegetated shelf slope 10 :1 OK Vegetated shelf width 10.0 It Of Length of flowpath to width ratio 3:1 OK Length to width ratio 3.0:1 OK � q Trash rack for overflow&orifice? Y (Y or N) OK E C E I V! E Freeboard provided Y it OK Vegetated filter provided? N (Y or N) OK //�� Recorded drainage easement provided? Y (Y or N) OK JAN 2 0 2015 Capures all mnoft at ultimate buildoul? Y (Y or N) OK Drain mechanism for maintenance or emergencies is: Pump n,r, Form SW401-Wet Detention Basin-Rev.8-9I17M Parts I.&II.Design Summary,Page 2 of 2 '(Page 1 of:'16) Doc ID: 000517880018 Type; CRP Reoorded: 09/30/2008 at 03:27:40 PM Fee Arm E86.00 Pege 1 of 18 Onsloa county, Nc N11 dred M Thomas ReAlster of Deeds w2417 Pa498-515 8zo// d PREPARED BY: John T, Carter,Jr.,City Attorney P. O. Box 128 Jacksonville, North Carolina 28541 RESTRICTIVE COVENANTS FOR JACKSONVILLE BUSINESS PARK KNOW ALL MEN BY THESE PRESENTS: THE CITY OF JACKSONVILLE, NORTH CAROLINA, a municipal corporation and subdivision of the State of North Carolina, having a mailing address of P.O. Box 128, Jacksonville, North Carolina, 28541 and further having its principal place of business in Onslow County, North Carolina (hereinafter referred to as the "City"), is the owner of an interest in certain real property described on Exhibit "A" which is attached hereto and incorporated herein by reference. The above-identified tract is the JACKSONVILLE BUSINESS PARK (hereinafter the "Park.") THESE RESTRICTIVE COVENANTS have been established to implement guidelines and covenants establishing specific criteria for site development, architectural design, landscape design, signage, and lighting. These Restrictive Covenants are intended to provide uniform criteria by which each proposal may be evaluated. Book 2419, Pave 49e. Pite Number (Page 2 of 18) I 1. APPROVAL OF PLANS AND PLANNING ADVISORY BOARD 1.1 Before commencing the construction or alteration of all buildings, enclosures, fences, loading docks, parking facilities, storage yards, or any other structure or improvements on or to any parcels of land within the Park, the property owner shall first submit plans and specifications in accordance with Exhibit "D" to this document to the Property Owner's Review Board, or such successor entity as may be created to fulfill the duties outlined herein (the "Board") for its prior written approval. Such plans and specifications shall be prepared in full compliance with the North Carolina Building Code and shall show all details necessary to the construction of the buildings or structures, including, but not limited to, the following: 1.1.1 The requirements for the submission of plans as set forth on Exhibit"B". 1.1.2 The landscape requirements as set forth on Exhibit"C". 1.2 All such construction or alteration shall proceed according to the plans and specifications approved by the Board. 1.2.1 Upon receipt of plans and specifications, the Board shall review the same and thereafter either approve in their entirety, disapprove in their entirety, approve in part or disapprove in part. 1.2.2 In the event that the Board shall fail to take action on the plans submitted within forty five (45) days of the date of their submission, the same shall be deemed to have been approved in their entirety. 1.2.3 Such approval, however, shall not be deemed to be a waiver of any provision or requirement of the Jacksonville City Code, Zoning or Subdivision Ordinance or the North Carolina Building Code. 1.3 All pertinent requirements of public and government agencies shall be followed in the development of this property, and all plans must be approved by the City of Jacksonville and all other public agencies having jurisdiction over the same. -' — - Book 2419, F"ne 498. File Number { (Page' 3 of 18) 1.4 Each subsequent buyer must verify code requirements at the time of purchase and development of the property. 1,5 Although based on local zoning and subdivision regulations, the Jacksonville Business Park design criteria may be more restrictive in land use, site development standards, landscape requirements, or in other matters. 1.6 In every case in which these criteria are at a variance with public agency requirements, the more restrictive regulations shall govern. In the event of any inconsistency between the Restrictive Covenants and the design criteria, the provisions of the Restrictive Covenants shall control. 2. CONSTRUCTION MATERIALS 2.1 The exterior walls of all buildings and above ground structures facing a public street or access street within the park shall be of masonry construction, architectural precast concrete, architectural metal panels, glass, or better, and must be noncombustible. 2.1.1 All exterior finish materials-to be used in any building shall be subject to the approval of the Board as provided herein. 2.1.2 All building facades will be evaluated for architectural design. Architectural design will be evaluated in terms of the integration of form, texture, color and massing of the building, with particular emphasis paid to articulating entrances and to minimizing bulk, 2.1.3. Metallic exterior construction will be allowed only by specific approval of the Board of the design features. These features include, but are not limited to: (a) Fagade materials used to cover such metallic surfaces as may be required by the Board. (b)The slope and design of the roof line. (c) Metal siding, when allowed, shall be of concealed or enclosed fastener construction specifically approved by the Board, 2.1.4. Exposed concrete such as columns, beams, fascias, and spandrels on front walls facing any public street or access street within the Park will be permitted only with the prior permission of the Board. hook 2419, Paue 498, File Number (Page 4 of 18) 2.1.5. All roof top equipment must be screened from view from all public streets or access streets In the Park. 2.1.6. Bright primary colors are not permitted, with the exception of trim and wall-mounted building signs and logos. Building and sign colors shall be reviewed and approved by the Board. 2.2 In cases where the Board determines that the architectural integrity of the Park will be preserved with the use of particular materials, the Board may modify any provisions in this specific covenant. 3. USE 3.1 No parcel of land shall be used for a purpose or business which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes, noise, glare, vibration, radiation, radioactivity, electrical radiation, or creates an unreasonable risk of fire or explosion. 3.2 Any potential or prospective users of a parcel of land within the Park must first submit a description of any such use in sufficient detail to permit the Board to determine whether such use is permitted under the terms of these Restrictive Covenants. 3.2.1 Such determination must be so made by the Board prior to any use of any parcel of land, and this determination must be made within forty-five (45) days of its submission of the use proposal unless the parties agree to an extension. 3.2.2 Failure of the Board to act within thirty (30) days shall be deemed approval of the plans submitted, but shall not in any way relieve the obligation of the property owner to comply with the provisions of these Restrictive Covenants, any provision of the Jacksonville City Code, Zoning and Subdivision Ordinance or the North Carolina Building Code. 3.3 Any change in use after the determination has been made by the Board shall be subject to further approval by the Board of the changed use. i Book 2417. Paao 493, Bile Nwbor j (Page' s of 18) 4. ENVIRONMENTAL MATTERS 4.1 Owners or lessees of parcels of land shall not cause or permit any hazardous material (as hereinafter defined) to be brought upon, kept, or used in or about any site in the Park by owner, lessee, its agents, employees, contractors, or invitees excepted as permitted by the Board. 4.2 As used herein, the term"hazardous material' means: 4.2.1 any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and the regulations promulgated thereunder; 4.2.2 any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder; 4.2.3 any material or substance regulated by the Toxic Substances Control Act-as amended from time to time an regulations promulgated thereunder; 4.2.4 any material or substance regulated by the Federal Insecticide, Fungicide and Rodenicide Act, as amended from time to time, and the regulations promulgated thereunder; and 4.2.5 any explosives, radioactive materials, asbestos or any materials containing asbestos, or any other hazardous, toxic or dangerous material or substance that is or becomes regulated by any federal, state or local law or regulation. 5. LOADING 5.1 Off-street loading and unloading facilities shall be provided by each owner or lessee of any parcel of land within the Park when it is developed. 5.2 Such loading and unloading shall be to the rear or side of any buildings on said parcels of land unless otherwise permitted by the Board. — - Boot 2419, Pave 498. Yilo Mavbot (Page 6 of 18) 5.3 All loading and unloading facilities shall be screened by effective landscaping or otherwise from view of any public street or access road within or leading to or from the Park. 6. STORAGE YARDS Outdoor storage yards and tanks shall be screened from public view to such extent as is deemed necessary by the Board and shall be placed so as to conform with the building line restrictions set forth in Paragraph 10 herein. 7. SCREENING Storage areas, incinerators, storage tanks, trucks based on the premises, roof objects (including fans, vents, cooling towers, and skylights) shall either be housed in closed buildings or be screened for sound and sight from public view and exposure from the street level on adjoining sites and from any dedicated roadways and streets. Such screening shall normally include landscaping or permanent fences (excluding chain link), or approved solid materials and shall be located so as to most effectively screen the view of the offending items from the street. 8. PARKING 8.1 Owners or lessees of parcels of land shall not permit their employees, tenants, invitees, or agents to regularly park on public streets or access streets within such Park. 8.2 It will be the responsibility of such owners, or their successors, assigns, or other persons holding under them to provide adequate off-street parking for employees, tenants, invitees, or agents within the properly lines of each individual tract, or to provide for such parking through the execution of acceptable written agreements with adjacent property owners allowing cross- utilization of parking areas. 8.2.1 Any such agreement must name the Board and the City of Jacksonville as third-party beneficiaries to the Agreement, must grant to the Board and the City of Jacksonville the authority to enforce such Agreement. 8.2.2 Enforcement shall include the revocation of the Certificate of Occupancy of any structure which, at some point in the future, fails to provide adequate parking. Boot 2417 Pace 498. Pile Numeez (Page 7 of 18) 8.3 All such parking areas shall be covered with a hard, dust-free, paved, all weather surface. 8.4 Perimeter of parking and tree islands within parking lot shall have concrete curb. 8.5 Each parking space regardless of its location shall be located within sixty (60) linear feet of a canopy (large) tree on the subject property. 8.6 Parking lots facing public streets shall be screened with a continuous evergreen screening hedge. 8.7 No parking shall be constructed on any parcel or land nearer than fifteen (15) feet to street right-of-way unless a waiver of this requirement is granted by the Board. 9. GRADING AND DRAINAGE 9.1 All structures will be equipped with gutters, downspouts and/or other drainage conveyance systems. 9.2 All surface drainage, including parking lots and roof drainage of buildings, shall be designed to conform to the overall drainage plan of the Park. 9.3 All berms, channels, swales, and pipes to be installed by owner must be undertaken in a manner which will be designed to integrate with the natural terrain and existing drainage system. 9.4 All surface and roof drainage shall be conveyed through an underground drainage collection system or a combination of overland surface drainage and underground pipes. Storm water detention areas and drainage channels shall be designed to blend with the landscaping of the site and shall incorporate naturalistic materials and vegetation. Placement of any required stormwater ponds shall be to the rear of the buildings if at all possible considering the topography of the area. Alternate best management practices are permitted where they can be shown to achieve the same objectives as stormwater ponds/detention areas. 9.5 All outlets of drainage systems and swales must be stabilized to prevent scour and erosion. I Hook 2417. Fade 49B. F1 . Nunn... (Page 8 of 18) 9.6 Grading of each lot must be undertaken in order to avoid excessive cut(fill slopes. 9.6.1 A slope ratio of 3:1 or flatter shall be generally acceptable. 9.6.2 The Board, its successors and assigns shall not be liable for any losses or damages caused by any water levels, or drainage waters. 9.6.3 The Board, its successors and assigns, shall have the ability to alter the slope ratio at Its discretion. 10.SETBACKS 10.1 No building shall be constructed on any parcel of land nearer than 50 feet to the right-of-way lines of streets. 10.1.1 In the case of corner lots, both 50-foot front setbacks will apply. 10.1.2 There must be an owner maintained strip with a minimum of 20 feet in width of landscaped ground along the street property lines, except that drives and walks may be located Within the .ndscape stnp. 10.1.3 No building shall be erected nearer than 25 feet to a side yard line. 10.1.3.1 Where necessary and consistent with the overall purposes of these covenants, the 25-foot minimum may be waived by the Board. 10.1.3.2 In the event more than one parcel of land shall be owned by one person or entity, and in the improvement of each parcel of land, a building shall be erected on more than one parcel of land, then the side line restriction on the interior line or lines may be waived by the board. 10.2 No building shall be constructed nearer than 20 feet to a rear lot line. 10.2.1 Where necessary and consistent with the overall purposes of these covenants, the 20-foot minimum may be waived by the Board. 10.2.2In the event more than one parcel of land shall be owned by one person or entity, and in the improvement of each _.....__ � _—.... _. Book 2417, Patin 498, P110 Ntmiber (Page 9 of 18) parcel of land, a building shall be erected on more than one parcel of land, then the rear line restriction on the interior line or lines may be waived by the board. 10.3 It is specifically provided that if a part of a parcel of land shall be sold before any improvement shall have been erected, the line between the part sold before any improvement shall have been erected and the part retained shall be the property line to which this setback restriction shall apply. 11.SIGNS 11.1 Plans and specifications for the construction, installation, or alteration of all outdoor signs shall be first submitted to and have the written approval of the Board. 11.2 Signs will advertise or identify only the company, products or services provided or manufactured on the parcel of land upon which the sign is located. 11.3 Size of signs will be in accordance with zoning ordinance and subject to-andapproval Of the Review Committee. 11.4 Signs or space for signs may not be sold, rented, leased, loaned, or otherwise hypothecated to parties or entities other than the owner or lessee occupying the site upon which the sign is located. 11.5 These regulations shall not apply to signs erected by the City of Jacksonville or any other governmental authority. 12.FENCING No fence or detached wall which is located along the perimeter of any land or which is visible from any street in the Park shall be built without the prior written consent of the Board. 13.OUTSIDE LIGHTING To minimize the offensive direction of light onto adjacent parcels of land the placement, number, type and intensity of all exterior lighting equipment and fixtures must be approved in advance by the Board. 14.UNDERGROUND UTILITIES All utility service fixtures, attachments, supports, conduits, appliances and I equipment (Including, but not limited to outdoor wiring) must be 1 i Book 2417. Page 498. P110 Number (Page 10 of 18) underground except for such above ground cabinets or meters as may be required for the utility or except under special circumstances created by the topography or unique nature of the lot, when the Board may grant a variance. 'i 15.CONSTRUCTION PERIOD 15.1 After implementation of these Restrictive Covenants, each property owner other than the owner at the time of implementation of these Restrictive Covenants must begin any infrastructure associated with the tract within twelve (12) months of the date of purchase and complete the construction of infrastructure within twenty-four (24) months of the date of purchase. 15.2 In the event that the purchaser of the property fails to comply with these provisions, the City of Jacksonville shall have an option for a period of six (6) months, to repurchase the property from the record owner, at the price at which it was originally purchased from the City and regardless of the value of any improvements that have been made to the property. 16:CONDITION OF PROPERTY- 16.1 The owner of any parcel of land in the Park shall at ail times keep the premises, buildings, improvements and appurtenances in a safe, clean and wholesome condition and comply in all respects with all government (including city, county, state and federal) health, fire, and police laws, rules, ordinances, codes, statutes, requirements and regulations. 16.2 The owner will remove, at his or its own expense, any rubbish of any character whatsoever which may accumulate on such parcel of land. 16.2.1 In the event such owner fails to comply with the terms of this covenant, then the Board shall have the right, privilege and license to enter upon such premises and make any and all corrections or improvements that may be necessary to bring the owner to full compliance therewith and to charge such owner the expenses incurred in doing so. 16.2.2 The expenses incurred by the Board in bringing the parcel of land into full compliance shall be a lien on the real property of the owner in favor of the Board. II I --- - ----------- Book 2417. Page 498. Site Number i (Page 11 of 18) 16.3 If commercial water, sewer or refuse service is available to the property and offered by the City of Jacksonville, all property located within the park shall be serviced by such services. 17. MINIMUM LOT SIZE Owners of adjacent lots or sites in the park may exchange strips or parcels of land between themselves without creating a subdivision where the number of parcels is not increased and when no new parcel is created, as long as no lot is reduced to less than one (1) acre in size. 18.EASEMENTS RESERVED Easements are specifically reserved over and through all front, side, rear and interior lot lines and at all corners of all lot lines for a distance of twenty (20) feet, on each side of the property line for the installation and maintenance of all utility services throughout the park. Additional easements may also be reserved for maintenance and service by the Board at the time of approval of plans by the Board. 19.PARTIAL INVALIDITY The invalidation of any one or more of the Restrictive Covenants herein set forth, or the failure to enforce any of such restrictions at the time of its violation or at any time thereafter shall in no event affect any of the other restrictions and shall not be deemed a waiver of the right to enforce the same thereafter. 20.TERM AND AMENDMENT OF RESTRICTIONS 20.1 Each condition and covenant herein contained shall terminate and be of no further effect at 5:00 p.m. on the 30'h day of June, 2025. 20.1.1 At any time prior thereto, the then owners of sixty-five percent (65%) of the area of land within the Park may, by written declaration, signed and acknowledged by them, and duty recorded in the Office of the Register of Deeds for Onslow, County, North Carolina, amend or extend such restrictions, conditions and covenants for a period of Ten (10) additional years. 20.1.2 This right to amend or extend for additional Ten (10) year periods by the then owners shall exist as long as the owners of 65 percent (65%) of the area of land within the Park affirmatively elect to so amend or extend them. i --- - - I ok 2419. Faaa 498. Silo Kw er ) 1 (Page 12 of 18) 21.BENEFICIARIES The restrictions and covenants are made for the benefit of any and all persons or entities who may now own, or who may hereafter own, real property in the park. Such persons or entitles are specifically given the right to enforce these Restrictive Covenants by injunction or other lawful procedure and to recover damages resulting from any violation thereof. 22.BINDING EFFECT/LESSEES 22.1 These covenants shall run with the land herein referred to and shall be fully binding regardless of ownership of the property Involved. They shall also be fully binding upon a lessee or sub- lessee of any purchaser of any parcel of land within the park. 22.2 A lease for any interest in any parcel of land shall be deemed to include all of the terms set forth in these Restrictive Covenants. 23.MODIFICATION 23.1 At ariy time while-thds6 covenants are in full force and effect, ttie then owners of sixty-five percent (65%) of the area of land within the Park may, by written declaration signed, acknowledged by them and duly recorded in the Office of the Register of Deeds for Onslow County, North Carolina, modify, amend, alter or eliminate any provisions of the covenants herein set out, provided that the Board referred to herein must approve and concur with any such modification, amendment, alteration or elimination in writing. 24.SUCCESSOR TO BOARD The Board shall have the right to designate by a duly recorded instrument an owner of any parcel of land within the park (or an association of the owners of lots in the park) as the successor to the Board for the purpose of discharging its duties and responsibilities set forth in these Restrictive Covenants. In the event the Board is dissolved or terminated without designating such a successor, then, and in that event, the successor shall be designated by the Jacksonville City Manager upon petition by the owner of any parcel of land within the park or by an association of the owners of real property in the park. ....—._ _... . .. Hook 2419, Pavo 498. P11e Mnvtoer �i (Page 13 of 18) EXHIBIT "A" PERIMETER PROPERTIES TO CITY OF JACKSONVILLE 55.11 ACRE TRACT JACKSONVILLE TWP., ONSLOW COUNTY,NORTH CAROLINA Commencing at a point where the Southern right of way NCSR 1470(commonly known as Western Boulevard -200 foot right of way)intersects the Northeastern right of way of NCSR 1308(commonly(mown as Gum Branch Road'- right of way varies);and running thence along the said Southern right of way of NCSR 1470 North 32 degrees 12 minutes 45 seconds East 99.11 feet to an iron stake, thence North 78 degrees 53 minutes 16 seconds East 1823.10 fee to a point located along the centerline of a proposed 80 foot access easement;thence leaving the said Southem right of way of NCSR 1470 and running along the said centerline of the proposed 80 foot access easement the following -courses-and-distances:. South.1.1 degrees_06.m rwtes 44 seconds East 200.00 feet to.a - point, thence along a curve to the right having a radius of 608.27 feat and a chord beating and distance of South 28 degrees 10 minutes 21 seconds West 770.28 feet to a point, thence South 67 degrees 27 minutes 26 seconds West 78.25 feet to a point;thence leaving the said centerline ofthe proposed 8D foot access easement and running South 22 degrees 32 minutes 34 seconds East 40.00 feet to an iron stake located along Southern margin of the said proposed 80 foot access easement,said point also being THE TRUE POINT OF BEGINNING thence from the described beginning and running along the said Southern margin of the proposed 80 foot access easement the following courses and distances: North 67 degrees 27 minutes 26 seconds East 78.25 feet to an iron stake, thence along a curve to the left having a radius of 648.27 fed and it chord bearing and distances of North 47 degrees 03 minutes 33 seconds East 451.90 feet to an iron stake;thence leaving the said Southern margin of the proposed 80 foot access easement and running South 63 degrees 20 minutes 21 seconds East 455.06 feet to an iron stake;thence North 57 degrees 24 minutes 40 seconds East 230.50 feet to an'von stake located along the eenterhm of a 170 foot right of way of Jacksonville-Havelock,230 KV Line, CP&L;thence running Hook 2417. Pave 498. r3 . t .mi (Page 14 of 18) i _ I ' I along the centerline of the 170 foot right of way of the Jacksonville-Havelock, 230 KV Line,CP&L South 32 degrees 35 minutes 20 seconds East 1277.19 feet to an iron stake, thence South 29 degrees 03 rninutes 33 seconds East 391.17 feet to an iron stake located along the Southeastern margin of a 40 foot drainage& buR'er easement and the Southeastern property tine of O.D. Sandy Subdivision as recorded in Map Book 4 Page 79 of the Onslow County Registry;thence leaving the said cprterfine of the 170 foot right of way of the Jacksonville-Havelock,230 KV Line, CP&L and running siong the said Southeastern property line of the O.D.Sandy Subdivision and the said Southeastern margin of the 40 foot drainage&buffer easement the following courses and distances; South 39 degrees 56 minutes 36 seconds West 316.10 feet to an existing iron stake, thence South 12 degrees 18 minutes 41 seconds West 395.38 feet to an existing iron stake thence South-l2-degrees 49 minutes 01 seconds West 102 75 feet-.to an existing . . . . ... iron stake, thence South 28 degrees 15 minutes 10 seconds West 77.69 feet to an iron stake;thence leaving the said Southeastern property line of the O.D. Sandy Subdivision and the said Southeastern margin of the 40 foot drainage&buffer easement and running North 63 degrees 16 minutes 57 seconds West 599.89 feet to an existing iron stake; thence North 41 degrees 48 minutes 34 seconds West 1658.13 feet to an iron stake; thence North 57 degrees 24 minutes 40 seconds East 275.55 feet to an iron stake;thence North 22 degrees 32 minutes 34 seconds West 328.56 feet to the point and place of beginning. Containing 55.11 acres and being a portion of the property described in Map Book 23 Page 132 of the Onslow County Registry. The courses contained herein are correct in angular relationship and is referenced to N.C. Grid North JO L.. PIERCE,R.L.S., Cr2496 �gt8t October 3, 1997 + 52598 Oq •'�:' S'I1P'aE+ hanuwm I Dock 2417. Pace 49H, Pita Number (Page 15 of 19) I i i EXHIBIT B REQUIREMENTS FOR PLANS SUBMITTAL 1. Topographical plat showing final contour grades (with two (2) foot contour intervals) and showing the location of all improvements, structures, walks, patios, driveways, fences and wails. Existing and finished grades shall be shown at lot corners and at comers of proposed improvements. Site drainage provisions shall be included as well as cut and fill details if any appreciable change in the lot contours is contemplated. 2. Exterior elevations of all proposed buildings, structures and proposed use. 3. Exterior materials, colors, textures and shapes which, if required by the Board, shall also be identified by manufacturer's name, product name and identifying number where appropriate. 4. Landscaping plan, including walkways, berms, fences and walls, elevation changes, new trees, tree save areas, shrubs and ground cover. 5. Parking area and driveway plan. i. Screening, inclucTing site, location and method. 7. Utility connections, including routing of electrical, gas and telephone cables. 8. Site lighting plan and illumination level. 9. Signs, flags and other horizontal or vertical advertising or identification not necessary for structural purposes including size, height, shape, color, location and material. 10, Trash container storage locations and related screening. 11, Ingress and egress design and plan. 12. Curbing including curb cuts and gutters. 13. Storm water drainage and retention facilities when required. 14. Proposed use of site and such matters as may be required by the Board. 15. Any hazardous materials to be kept or stored on the Property. i i i i 1 - '- Book 2417, P.. 498, F110 Kum (Page 16 of 16) EXHIBIT C LANDSCAPE TREATMENT 1. Plans: No plans for any building, structure or other improvement to be erected, placed or altered in or upon site shall be approved by the Board unless the plans include landscape plans satisfactory to the Board, such landscape plans to include plant material and landscape construction to be installed on the site. 2. Landscaped Area: Landscape planting, as a minimum, shall occur in an area forward of the building and adjacent to the street rights-of-way. If on a corner lot, Landscape planting shall occur on both sides fronting streets. 3. Installation: Approved landscape planting must be installed within sixty (60) days following the granting of a certificate of occupancy for the building except as delays may be approved by the Board and subject to any delays caused by weather conditions. 4. Landscape Treatments: Landscape treatment of the site shall be in the form of grass lawns and ground covers, shade trees in _parking areas, street trees along every public road in the park, plantings in areas used as dividers and in any areas of limited use. Landscape planting shall be used to mark entrance points and parking areas. The intent of landscape treatment is to provide continuity through the park with implementation of common plant materials through the park. 5. Ground Cover: All sites shall contain ground cover, preferably properly maintained grass, throughout the developed area, 6. Undeveloped Areas: Undisturbed areas which remain in a natural state shall not be subject to landscape planting requirements. On property which has been cleared and held for future development, the owner must install and maintain grass or groundcover sufficient to maintain the aesthetics of the property and preclude erosion. 7. Sight Lines: Landscape treatment shall not be in violation of sight line requirements set by the Board for street or driveway intersections. 8. Maintenance: All landscape plantings shall be designed for reasonable maintenance and all landscaped areas shall be maintained in a high quality manner at all times, including all necessary watering. ------- nook 2417, Face 499, File Mm r (Page 17 0£ 18) . . 1 I EXHIBIT D INITIAL MEMBERSHIP OF THE PROPERTY OWNER'S REVIEW BOARD A. The Property Owner's Review Board shall be initially established with the following members: a. The Jacksonville City Manager or designee b. The Jacksonville City Planning Director or designee c. The Jacksonville City Public Services Director or designee d. The Jacksonville City Building Codes Administrator or designee B. If any individual named above holds more than one (1) position with the City of Jacksonville, then the next ranking individual employed by the City, or such other person as may be assigned by that individual, shall fulfill the duties of that position on the Board. C. If any position with the City of Jacksonville is abolished or renamed, then the individual replacing or fulfilling the majority of such employee's primary duties shall succeed to the position on the Board. D. Upon development of one hundred (100%) of the property within the park, the Board cornposltion sitiall tie alfered_to eliminate those-individuais who - - - participate solely due to their employment with the City of Jacksonville. When the property in the Park is developed 100%, the Board shall then be constituted by each lot owner being a board member and having one (1) vote. If a City employee owns property in the Park or is otherwise qualified to continue participating as a member of the Board, such individual may be selected for membership on the Board without regard to their employment with the City of Jacksonville. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK 1 I I I Book 2417. Page 499, Me Wmib., j ) (Page 18 of 18) I I ���`' �ACko r���i,� EXECU ' nty, North Carolina, this day of , 2005. \ CRY Oi � 3 V vrrteN * r * THE CITY OF JACKSONVILLE, a No Carolina Municipal Corporation (SEAL)','yO Q c '? B CAR y. ATTES Z/JanBefan Slagle, May Carmen K. Miracle, City Clerk �� Approved as to form on behalf of the City of Jacksonville th4 day of ar eL , 2 John T artor, Jr., Attome?/ , STATE OF NORTH CAROLINA COUNTY OF-ONSLOW_ . I, Lena L. tB(Ar , a Notary Public of said County and State, certify that Carmen K. Miracle personally appeared before me this day and acknowledged that she is the City Clerk of the City of Jacksonville, a North Carolina municipal corporation, and that by authority duly given and as the act of the City Council of the Clty of Jacksonville, the foregoing instrument was signed in its name and by its Mayor, sealed with its corporate seal and attested by her as its City Clerk. WITNESS my hand and seal this 30 day of 2005. OL��� =77� q N tary Publi (SEAL) My Commission expires: U NORTH CAROLINA,ONSLOW COUNTY �►-� = The foregoing certilicate(s)of :. O•.• A G r b c U�`', • _� Islam certified to be correct. This instrwnent and this certificate are duly registered at the dale and �ryryOw'COu . ` time a ,f the D�tiok aryl Pagc shh on the first page hereof. p r9 '~' �`�°t/ --11`+�-8sv.•.�� Register of Duds for Unslow Coun,y "-t DeptaylAssistani-Register of Deeds i Hook 2417. Pao. 498. Fllo ihim�ar