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HomeMy WebLinkAboutSW4210704_Recorded Document_20241023 SUBMITTAL REQUIREMENTS 9. COPY OF RECORDED DOCUMENTS, INCLUDING DEED RESTRICTIONS AND PROTECTIVE COVENANTS A COPY OF THE RECORDED O&M AGREEMENT A COPY OF THE FINAL PLAT DOCUMENTING THE RECORDED EASEMENTS AND A REFERENCE TO THE RECORDED O&M AGREEMENT 1111111111111111111131 2021032949 DAVIDSON CO, NC FEE$26.00 PRESENTED&RECORDED' 12-29-2021 02:02:46 PM MICHAEL HORNE REGISTER OFbEEDS BY TARA W WHITMAN DEPUTY BK: DE 2523 PG: 266-268 Drawn by and mail to: Nifong Law Firm, PLLC,3409 Union Grove Rd, Winston-Salem, NC 27127 COUNTY OF DAVIDSON ) STATE OF NORTH CAROLINA ) FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR DOLCETTO The Declarant, New Ventures Land Development, LLC, has the right to amend the Declaration of Covenants, Conditions, Restrictions, and Easements("Declaration") for Dolcetto, a community in Lexington, NC, where such Declaration was duly recorded on August 11, 2020, at Davidson County Register of Deeds at Deed Book 2423, and pages 103-160. WHEREAS, the Property is subject to certain restrictions relating to storm-water management due to location thereof under Title 15 NCAC 2H.1000 and S.L. 2006-246 (collectively "Storm-water Regulations"). Therefore, in compliance with the Storm-water Regulations, EXHIBIT C of the Declaration is amended to further include the additional section 5: 5. Low Density Residential Subdivisions Storm-Water Management (a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW4210704 , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. (b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. (c) These covenants are to run with the land and be binding on all persons and parties claiming under them. (d) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. (e) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. (f) The maximum allowable built-upon area per lot is 4,000 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. (g) In the case of a lot within CAMAS regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that lot than is shown herein, the governing maximum built-upon area for that lot shall be the most restrictive of the two. (h) Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. (i) Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and surface waters. (!) All roof drains shall terminate at least 30*foot from the mean high water mark of surface waters. (k) Maintenance of the permanent retention pond indicated in the Common Area ("CA") on the plat recorded at Davidson County Plat Book 79-37 shall be the responsibility of the Association, along with any Curb Outlet Systems now existing or future existing on the property. Signature: i,� l Date: 12/01 lavil r-R l 0 rDe.60 r CR- e0. ( Igo up , a Notary Public in the �/ State of North Carolina, County of OC V +VLS 0 P1 do hereby certify that 3.- tAS-4 t rr-R. N i T O n g personally appeared before me this the 9 ( day of 'l e-C€ rYLk3 eC , 20 a (, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, tzZLJI atitko-cur SEAL ignature / - a a 4 +�' OFFICIAL SEAL Notary Public-North Carolina My Commission expires DAVIDSON COUNTY ` DEBORAHtR. CALHOALI v MYCBMMt:isioN t%Plgt b �7 J I- fT I t t lb!s tit 11 { o f + ;� z . * c N 11°11,=;i t l� 'I M ! i•i 1tt` j , •• i[1,► , mix= I ' rtg€,Is�sei w fsWpr.a< '4', � iE`�y`e �� ! loin �lsirJ°tt�! ie"iP f�Mg�t Y ntm88s � nFilir � d flit of� t 1,41 ! 21l i�{ �11�1:711�t t'� f,� l �pp{ i2 1111 I a,r�'�^.�2;`ss p `n b S g<a s 1 0 . ., . 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X \'.„1-‘, e��-\ -1--f—r--1 t n -... ,\._y o.�^ \ \' :T :-i; \ Y a R' (s \ it 4 R.\�1'\ -Tr ` i i,is 1 I et ‘v ►Y t i� ��''® xR w \� \Yy �.'y�% i T`Y.•%• /et�`�• Y—�--1_J--� :12 II it I y7 I �1'— "..�, �,, �T. �--"'i ee \ '\.‘ \ I® I a V,' ,ERR 1 Y- [p •.,,•--, I 'e� l Imo, -A L. .' t--� °aa \\ \ $�1 EL! 1111111111111111111111111 2024016294 DAVIDSON CO, NC FEE $26.00 NO TAXABLE CONSIDERATION PRESENTED&RECORDED. 09-10-2024 02:09:20 PM MICHAEL E.HORNE REGISTER OF DEEDS BY:PUTY TARA W.VVHITMAN DE BK: DE 2666 PG: 1163-1171 COUNTY OF DAVIDSON ) ) STATE OF NORTH CAROLINA ) AFFIDAVIT FOR DOLCETTO STORMWATER MEASURES I, Justin R.Nifong, of Davidson County,North Carolina, being duly sworn state under oath that the Operation and Maintenance Agreement attached hereto as Exhibit A is the duly executed agreement for the Dolcetto subdivision, located at the intersection of Biesecker Road and West Center Street Extension in Lexington. This Operation and Maintenance Agreement applies to all lands covered under State Stormwater Management Permit Number SW4210704,and the Restrictive Covenants filed with the Davidson County Register of Deeds at Book 2523,pages 266-268 that were recorded on December 29,2021. (4411t (SEAL) Justin R.Nifong NORTH CAROLINA AVilft9o1 COUNTY I, 140064, A /4 NNy40 , a Notary Public of the County and State aforesaid,certify that the follo'Cving person appeared before me this day,acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated// therein: in 744 Witness my hand and official stamp or seal this /0 ,44 day of h,,hc 2024. Notary Public •-•-• ,*-",7`-- NOUN MAW -L. '7_':: ./14.011j,X ACripo au%NO Printed Name of Notary Public IftiCenNeelon EghM*amber la 2021 My Commission Expires: 1t/I64023 1 EXHIBIT A - k'PN ' , 0 LiQ i Ma;1tenance Agreement eement't ?J `, y Project Name: Dolcetto Project Location: Biesecker Road & West-Center Street Extension • 4--- &,*5` -.4- , ?;�,`,,. .4 Cover Page : �r _ ° r'r' - Maintenance records shall be kept on the following SCM(s). This maintenance record shall be kept in a log in a known set location. Any deficient SCM 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 pollutant removal efficiency of the SCM(s). The SCM(s)on this project include,(oheck all that apply&corresponding O&M sheets willintaidded automatically):, Infiltration Basin Quantity: Location(s):, Infiltration Trench Quantity: Location(s): ' . Bioretention Cell Quantity: Location(s): Wet Pond Quantity: • Location(s): . Stormwater Wetland Quantity: , Location(s): Permeable Pavement Quantity: Location(s): ' Sand Filter Quantity: Location(s): Rainwater Harvesting Quantity: Location(s): Green Roof Quantity: • Location(s): - Level Spreader-Filter Strip Quantity: Location(s): . Proprietary System Quantity: i Location(s): Treatment Swale Quantity: Location(s): • Dry Pond Quantity:-...•1 Location(s): Western portion of site • • Disconnected Impervious Surface Present:_ No Location(s): User Defined SCM Present: No Location(s): Low Density Present: Yes Type: Curb outlet system I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each SCM above, and attached O&M tables. I agree to notify NCDEQ of any problems with the system or prior to any changes to the system or responsible party. Responsible Party: Justin R. Nifong Title& Organization: Director, Dolcetto Community Association, Inc. Street address: 3409 Union Grove Rd. - City, state,zip: Winston-Salem NC 27127 Phone number(s): 919-348-2194 • Email: jrnifong@nkpatentlaw.com (, t 1 Signature: Date: t v I I /&) I l layt:,,,e C qA4 1�' a L, , a Notary Public for the State of pI&hr f- `.,(� ((Roi,, Q County of R v ,y7-` , do hereby certify that Su,4,-� 2 • A4-ge—/ personally appeared before me this 1 \ day of C c_--r b.er 2.cn 2 ( and acknowledge the due execution,of the Operations and Maintenance Agreement . Witness my hand and official seal, A- C-/7/Z1 tl�e e-aci'.-S-C4— . DORIS CHARMAINE .ACKS ON NOTARY PUBLIC Forsyth County North Carolina My Commission Expires March 14,2023 Seal My commission expires 3-j 17` - 2-0Z STORM-EZ 10/11/2021 VPrcinn 1 fi O&M Aareernent Pace 1 of 1 Dry Pond Maintenance Requirements Important operation and maintenance procedures: - The drainage area will be managed to reduce the sediment load to the dry pond. - Immediately after the dry pond is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - After the initial fertilization to establish vegetation in the dry pond, fertilizer will not be applied to the dry pond. - The vegetation in and around the basin will be maintained at a height of approximately six inches. - At least once annually, a dam safety expert will inspect the embankment. Any problems that are found will be repaired immediately. After the dry pond is established, it shall be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance shall be kept in a known set location and shall be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. SCM element: Potential problem: How to remediate the problem: The entire SCM Trash/debris is present. Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, plant ground The perimeter of the SCM erosive gullies have cover and water until it is established. Provide lime and a one- formed. time fertilizer application. The inlet pipe is clogged (if Unclog the pipe. Dispose of the sediment in a location where it applicable). will not cause impacts to streams or the SCM. The inlet pipe is cracked or The inlet device otherwise damaged (if Repair or replace the pipe. applicable). Erosion is occurring in the Regrade the swale if necessary and provide erosion control swale (if applicable). devices such as reinforced turf matting or riprap to avoid future problems with erosion. Sediment has accumulated Search for the source of the sediment and remedy the problem if to a depth greater than the possible. Remove the sediment and dispose of it in a location original design depth for where it will not cause impacts to streams or the SCMV. sediment storage. The forebay 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. Sediment has accumulated Search for the source of the sediment and remedy the problem if to a depth greater than the possible. Remove the sediment and dispose of it in a location original design depth for where it will not cause impacts to streams or the SCM. sediment storage. The main treatment area Water is standing more Check the outlet structure for clogging. If it is a design issue, than 5 days after a storm consult an appropriate professional. event. Weeds and noxious plants Remove the weeds, preferably by hand. If pesticide is used,wipe are growing in the main lit on the plants rather than spraying. treatment area. Dry Pond Maintenance Requirements(continued) SCM element Potential problem: How to remediate the problem: Shrubs have started to Remove shrubs immediately. grow on the embankment. Evidence of muskrat or Consult a professional to remove muskrats or beavers and repair beaver activity is present. any holes or erosion. The embankment A tree has started to grow Consult a dam safety specialist to remove the tree. on the embankment. An annual inspection by an appropriate professional Make all needed repairs immediately. shows that the embankment needs repair. Clogging has occurred. Clean out the outlet device. Dispose of the sediment in a location where it will not cause impacts to streams or the SCM. The outlet device The outlet device is Repair or replace the outlet device. damaged Erosion or other signs of damage have occurred at Repair the damage and improve the flow dissipation structure. the outlet. The receiving water Discharges from the dry pond are causing erosion Contact the local NCDEQ Regional Office. or sedimentation in the receiving water. .• Dry Detention Pond Design Summary Dry Pond Diagram DRY POND ID FOREDAY MAIN POND 1 I Temporary Pool El: 729 Temporary Pool El: 729 Clean Out Depth: 5 Clean Out Depth: 5 Pretreatment No Sediment Storage El: 724 Sediment Storage El: 724 Has Veg.Filter No Bottom Elevation: 720 Bottom Elevation: 720 r Low Density Maintenance Requirements Important maintenance procedures: The drainage area to the vegetated conveyance or vegetated receiving area will be carefully managed to reduce the sediment load to the vegetated conveyance or vegetated receiving area. After the initial fertilization to establish the grass in the vegetated conveyance or the vegetated receiving area,fertilizer will not be applied to the vegetated receiving areas. The vegetated conveyance or vegetated receiving area will be inspected quarterly. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. SCM element: Potential problem: How to remediate the problem: Vegetation is too short or Maintain grassed vegetation such that the swale or vegetated Vegetation too long. area does not erode during the peak flow from the 10-year storm Trash/debris is present. Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re- erosive gullies have sod (or plant with other appropriate species) and water until Vegetated receiving formed. established. Provide lime and a one-time fertilizer application. areas Trees and/or other woody Remove the trees and woody vegetation from the swale, regrade vegetation are present in the swale if necessary and re-establish grass as shown on the the swale. approved plans. Trash/debris is present. Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re- erosive gullies have sod (or plant with other appropriate species) and water until formed. established. Provide lime and a one-time fertilizer application. Sediment covers the grass Remove sediment and dispose in an area that will not impact Vegetated conveyances/ at the bottom of the swale. streams or SCMs. Re-sod if necessary. swales /roadside ditches Regrade the slopes to the permitted configuration per the (other than curb outlet The side slope is steeper approved plan and reestablish vegetation. If as-built or existing swales) than the approved conditions do not allow the slopes to be regraded, contact the configuration. applicable permitting agency. Determine the source of the problem: soils, hydrology, disease, Grass is dead, diseased or etc. Remedy the problem and replace plants. Provide a one- dying. time fertilizer application to establish the ground cover if necessary. Trees and/or other woody Remove the trees and woody vegetation from the vegetated vegetation are present in conveyance, regrade the vegetated conveyance if necessary and the vegetated conveyance. re-establish grass as shown on the approved plans. The longitudinal slope Regrade to meet the permitted longitudinal slope as shown on exceeds 5%. the approved plans. Curb outlet swales or The swale profile does not Regrade the swale to the approved profile as shown on the vegetated areas match the approved detail. approved plans. The length of the swale or Extend the swale to achieve the 100-foot minimum length. If as- vegetated area is less than built or existing conditions do not allow the slopes to be regraded, 100 feet. contact the applicable permitting agency. Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device(if applicable) The outlet device is Repair or replace the outlet device. damaged Erosion or other signs of damage have occurred at Repair the damage and improve the flow dissipation structure. the outlet. 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