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HomeMy WebLinkAboutSW8030222_HISTORICAL FILE_20190128STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE T' YYYYMMDD STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (9 L 0) 796-7215 PILE ACCESS RECORD DEQ SECTION:'Jl�� YCI 5� .1 REVIEW TIME / DATE: J L`! NAME: EMAIL: emu; REPRESENTING: PHONE: 0) y Z �i 7 `� C�- Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these zecords and to carry out our day-to-day program obLigations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00 Viewing time ends at 4A5pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time per, Cost per copy is $.05 cents. Payment may be made by. check, money order, or cash at the reception desk. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5'. Necessary large plan copies can be scheduled with Cameron. Weaver@ncdear gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written Questions may be left with this com'ojeted form, and: a staff hiember will: be in contact witli yo, u. lF you provide your contact inforririati.6h4here indicat6d Above 6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY. (NAME COUNTY 2, �. Signature and Name of Firm/Business Date COPIES MADE PAID j� fy, o a Time In INVOICE ,/z_,6G Time Out G:/ADM/Shared/File Review Access Form rev 2018 w a �f August 16, 2006 Mr. Robert Baker, President Crown Ridge HOA 322 Marcia Court Wilmington, NC 28412 Subject: Transfer of Ownership Crown Ridge at Tidal Holm Stormwater Project No. SW8 030222 New Hanover County Dear Mr. Baker: Nlichael F. Easley, Governor William G. Ross Ir., Secretary North Carolina Department of Lnvironment and Natural Resources Alan W. Klimek, P.F. Director [division of Water Quality On August 14, 2006, the Division received a request to transfer the state stormwater management permit from Bill Clark Homes of Wilmington, LLC, to Crown Ridge HOA. The form that this request was submitted on is an NPDES permit name/ownership form. Had the correct form been completed, you would have seen that in addition to legal documentation of the ownership change, certain other documentation is required for State Stormwater permits. Specifically, you will need to sign Operation and Maintenance plans for the continued upkeep of the 4 permitted infiltration basins. I am enclosing 4 supplement forms, one for each basin, which I have filled in with the permitted design information. As the proposed applicant, you must sign, date and notarize each one and return all the forms to me for processing. An inspection of the project will also be conducted in the near future to determine the status of compliance with the permit. The HOA will be the responsible party for maintaining the infiltration systems. Please refer to Article VII of the recorded deed restrictions for information pertaining to the maximum allowable built -upon area per lot. As the permit holder, the HOA will be responsible for making sure that no lot exceeds the permitted maximum allowable built -upon area of 4,500 square feet, and that all lot owners comply with the requirements of Article VII. If you have any questions, please do not hesitate to call me at (910) 796-7335. Sincerely, Linda Lewis Environmental Engineer II ENBlarl: S:IWQSISTORMWATERILETTERS120061030222.aug06 cc: James Fentress, P.E.,- Stroud Engineering Edward H. Clark Linda Lewis NorthCarolina Naturally North Carolina Division of Water Quality 127 Cardinal Drive f_xtension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: wwm-mcwalergualityog Fax (910) 350-2004 1-877-623-6748 An Equal OpportunitylAfSrmative Action Employer— 50% Recycled110°/ Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality t.�`�`•,'��„�`PERMIT�NA�MEIQ�WNERSI-IIy�P�CHANGE`FORMt e. � �, n 1�a .'raj 1. Please enter the permit number for which the change is requested. NPDES Permit (0) Certificate of Coverage N; +C! %_N; s,'t ;Gt SW8 030222 lI. Permit status Error to status change. a. Permit issued to (company name) b. Person legally -responsible for permit (� �-- l j, AUG � �L4iY l Bill Clark Homes of Wilmington wAteen H. CLARK First I MI "1 Last 1'A AuAp2� Title 430 Eastwood Road Permit Ifolder Mailing Address Wilmington NC _ 28403 City State Zip ( 10 350-1774 (910) 350-1339 Phone Fax c. Facility name (discharge): Crown Ridge at Tidalholm d. Facility address: Address e. Facility contact person: City State Zip First 1 M1 I Last Phone 111. Please provide the following for the requested change (revised permit). 1 Request for change is a result of: >a " °cam Z► �77_ VIf`olher please explain: Permit issued to l7 W' (company name): . -Person legally responsible for permit: A v„ Q G� 4 Change in ownership of the facility 0 Name change of the facility or owner Crown Ridge Home Owners Association __Ro3EX-,r 8AV_eP_ ^� First 1 MI 1 Last f i T Title 3 2 Z h/j A:,e A C,e Pennit Holder Mailing Address City State Zip (olio) -7qG-SR64 _ Phone E-mail Address d. Facility name (discharge): e. Facility address: Address City state Zip f. Facility contact person: First I Ml / Last (q10) -7qQ-_<5L4._. R_Ti!VRnTyn Phonc E-mail Address //�� Revised 712005 AUG 14 2006 PERMIT NAMEIOWNERSI-IIP CHANGE FORM Page 2 of 2 1 V. Permit contact information: (if different from the person legally responsible for the permit) Pennitcontact: .lames H. Fentress, ,Jr. First / MI / Last Project Engineer Title 102—D Cinema Drive Mailing Address Wilmington NC 28402 City State Zip (910)815-0775 jfentress@stroudengineer.com Phone E-mail Address V. 1Vill the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? lX Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: This completed application is required for both name change and/or ownership change requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is require for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by hoth the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERM) I'EE CERTIFICATION (Permit holderprior to ownership change): I, AAA attest that this application for a name/ownership change has been revicwe and is ace e and complete to the best of my knowledge. I understand that if all required parts of this application e not complet and that if all required supporting information is not included, this a ac �e will be s incomp te. 71t-flvo Sigi rc ate API'LICANT CERTIFICATION: //%% I, �� �i�5r&c�aTt`.town ,het attest that this application for a name/ownership change has been rcvicwed any— d is and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will-be-returned-as-incomplet �— ignature pate PLEASE SEND THE COMPLETE AI'PLICA710N PACKAGE TO: Division of Water Quality Surface Water Protection Section l617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7/2005 SHOWN,,, FOR REGISTRRTION REGISTER OF DEEDS RE9ECCii P. S�IITN 2006 FEB 23 0z 134 PM B!(: 4982 PG ; 2705-2707 FEET 7, 00 IMF # 200601010 The attorney preparing this instrument performed no record search or title examination to this property unless the same is shown by his written and signed certificate. RETURN TO Prepared by: Thomas J. Morgan, Attorney at Law 19 North Fifth Street, Wilmington, NC 28401 Brief description for index: Crown Ridge Common Areas Tax parcel # 7800-006-183-000; 7800-006-232-000; 7800-006-216-000 STATE OF NORTH CAROLINA QUITCLAIM DEED COUNTY OF NEW HANOVER THIS DEED, made and entered into this day of January, 2006, by and between BILL CLARK HOMES OF WILMINGTON, LLC, a North Carolina limited liability company, hereinafter called Grantor, and CROWN RIDGE HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation, hereinafter called Grantee, whose permanent mailing address is 430 Eastwood Road, Suite 100, Wilmington, NC 28403; WITNESSETH: That said Gran or, for and in consideration of the sum of One Dollar ($1.00) to him in hand paid, the receipt of wh ch is hereby acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or successors and assigns, all right, title, �laim and interest of the Grantor in and to those certain parcels of land lying and being in New Hanover County, State of North Carolina, and more particularly described as follows: BEING all of those certain tracts or parcels of land designated as "Common Areas" on the plats of Crown Ridge at Tidalholm Subdivision, Phase 1, recorded in Map Book 44 at page 270, Crown Ridge at Tidalholm Subdivision, IL Phase 2, recorded in Map Book 46 at page 269, Crown Ridge at Tidalholm Subdivision, Phase 3, recorded in Map Book 46 at page 367, of the New Hanover County Registry, reference to which plats is hereby made for a more particular description. To have and to hold the aforesaid lot or parcel of land and all privileges thereunto belonging to him, the Grantee, his heirs and/or successors and assigns, free and discharged from all right title, claim or interest of the Grantor or anyone claiming by, through or under him. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. BILL CLARK HO WILMINGTON, LLC By (SEAL) 2 Manager By: (SEAL) Manager STATE OF NORTH CAROLINA COUNTY OF l�P1MV- I, ­4�_ , a Notary Public of the Coup and State aforesaid, certify that F�� 1 'C �AAk and ,SCIA) VA 6� . c e e.. _ personally came before me this day and acknowledged that they are Managers of Bill Clark Homes of Wilmington, LLC, a North Carolina Limited Liability Company, and further acknowledged the due execution of the foregoing instrument on behalf of said limited liability company. WITNESS my hand and official stamp or seal this zo day of January, 2006. Notary Public 116111., My commission expires: ����GNRYL1B�i���� *: 1%0 ••yam & 27. zoo? R 1 IN IW' REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: Recorder: WILMINGTON, NC 28401 02/23/2006 02:13:18 PM RE 4882 Page: 2705-2707 2006010240 ACD 3 PGS $17.00 SCOTT, NANCY A State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006010240* 2006010240 State Sim (water Management Systems r Permit No. SWS 030222"'d Crown Ridge at Tidalholn-i Stonnwater Permit No. SWS 030222 New Hanover County Designer's Certification Page l of 2 as a duly registered in the State of North Carolina, having been authorized to observe eriodical y/weekly/full tinge} the construction of the project, (Project) for a � � �oN�s � �, LL-c _(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. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration N ber Date 3� Gi� 2oocQ 0 ,%%` GARp; 91314� Y N N� r� SEAL State Sta "•-ter management Systems Permit No. SW8 030222 Certification Requirements: Page 2 of 2 5 L, The drainage area to the system contains approximately the permitted acreage. —W 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. C 4. The outlet/bypass structure elevations are per the approved plan. �5. The outlet structure is located per the approved plans. b. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. 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. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. �3. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. �4. The dimensions of the system, as shown on the approved plan, are provided. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections 9 W A 7� J�0F RQG Michael F. Easley, Governor y William G. Ross Jr., Secretary rJ North Carolina Department of Environment and Natural Resources l A l o Alan W. Klimek, P.E.,Director Division of Water Quality May 23, 2003 Mr. John'Conner, Manager Bill Clark Homes of Wilmington, LLC 1430 Commonwealth Drive Wilmington, NC 28405 Subject: Permit No. SW8 030222 Crown Ridge at Tidalholm High Density Subdivision Stormwater Project New Hanover County Dear Mr. Conner: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Crown Ridge at Tidalholm on May 19, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SWS 030222, dated May 23, 2003, for the construction of the project, Crown Ridge at Tidalholm. This permit shall be effective from the date of issuance until May 23, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North. Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Laurie Munn, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/:Ism S:IWQSISTORMWATIPERMM030222.may03 cc: James H. Fentress, Jr., P.E. New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Laurie Munn Wilmington Regional Office Central Files N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NOENR State Stormwater Management Systems Permit No. SW8 030222 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF NN'ATER QUALITY STATE 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 Bill Clark Homes of Wilmington, LLC Crown Ridge at Tidalholm New Hanover County FOR THE construction, operation and maintenance of 4 infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 23, 2013 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 on page 3 of permit, the Project Data Sheet. The subdivision is permitted for 45 lots, each allowed 4,500 square feet of built -upon area. . Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. ON State Stormwater Management Systems Permit No. SW8 030222 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Crown Ridge at Tidalholm Permit Number: SW8 030222 Location: New Hanover County Applicant: Mr, John Coiner, Manager Mailing Address: Bill Clark Homes of Wilmington, LLC 1430 Commonwealth Drive Wilmington, NC 28405 Application Date: May 23, 2003 Receiving Stream/River Basin: Cape Fear River 1 Cape Fear Stream Index Number: CPF17 18-(71) Classification of Water Body: "SC" Basin Number: 1 A 1B 2 3 Drainage Area, sq. ft.: 100,624" 214,315 145,055 173,804 Onsite, sq. ft.: 100,624 167,706 145,055 173,804 Offsite, sq. ft.: 0 46,609 0 0 Total Impervious Surfaces, sq. ft.: 36,232 i88,583 66,577 74,630 Basin Depth, feet: 5 5 6 4 Bottom Elevation, FMSL: 18.0; 18.0 18.0 18.0 Permitted Surface Area at bottom, sq. ft.: 1,881 1,947 2,865 1,276 Permitted Storage Volume, cubic ft.: 6,275 15,073 11,197 12,642 Temporary Storage Elevation, FMSL: 19.96 20.79 20.81 19.88 Seasonal High Water Table Elevation, FMSL: 13.83 13.83 15.75 13.33 Expected Infiltration Rate, in/hr: 6 6 6 6 Time to draw down, hours: 31 42 23 72 3 State Stormwater Management Systems Permit No. SW8 030222 11. SCHEDULE OF COMPLIANCE I . No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) is required to review -plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals .given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f, Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. The Director may determine that other revisions to; the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements 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. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 4 State Stormwater Management Systems Permit No. SW8 030222 10. If the stormwater system was 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. Decorative spray fountains will not be allowed in the stormwater treatment system 12. Permanent seeding requirements for the stormwater control must follow the guidelines dstablished in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030222, as issued by the Division of Water Quality under NCAC 2H.1000. 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. £ The maximum built -upon area per lot is 4,500 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. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in theirallowable built -upon area due to CAMA regulations. State Stormwater Management Systems Permit No. SW8 030222 11. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. 16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. 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. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, including as may be required, but not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. State Stormwater Management Systems Permit No. SW8 030222 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. S. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 23rd day of May, 2003. u NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030222 7 State Stormwater Management Systems Permit No. SW8 030222 Crown Ridge at Tidalholm Stornrwater Permit No. SWS 030222 New Hanover County . Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Prof ect) for (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. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: S ignature Registration Number Date SEAL �c State Stormwater Management Systems Permit No, SW8 030222 Certification Requirements: Page 2 of 2 L- The drainage area to the system contains approximately the permitted acreage. 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. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. _6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. S. Vegetated slopes are no steeper than 3:1. 9. 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. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The dimensions of the system, as shown on the approved plan, are provided. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections W DI�FICR USE ONI,Y 17ate Received Fee Paid Permit NUnibu k I State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT:.PERMIT APPLICATION FORM 03 6 X.)L-a- Tltis fora? irmy be pProtoropi.ed for tise its in originid F—REC E V I. GENERAL INi:ORMATION }- to 1. T. tuua 1. Applicants name (specily the nnme of the corpora(ion, individual, etc. who owns the project): BY:_ Bill Clark Homes of Wilmington, LLC , 2. Print Owner/Signng;iOf•l'iciai's name and title (persorf leg;nllyT responsible for facility and compliance): .John Conner, Manager 1 Mailing Address far person listed in item 2 above: ,f4307Commonwealth Drive Cily:_ Wilmington _ _ _ __ state:._ NC "l_ip: I'cicphone Number: ( 910 } 256-0885 28405 4. Project Name (stthdivision, (acility, ar establishment nnrlie - shauld be consistent with project name on plans, Specifications, letters, oper,,'ition and etc.): CROWN_ RIDGE .A. .TIDALHOLM 5. f..ncatinn of Project (slrecl ,idch'rss}: Passage Gate Way FRI City:-_ Wilmington _-_ County: —New Hanover G. Directions to prajcrt (train neas'est major intersectian}:. From US 421/NC132 intersection, Souti on,US 421 to Sanders Road. Sanders to River Road, South on River Road to River Breeze Drive. River -Breeze Dr. to Lipscomb, Lipsco-mti-Nord to Pa-stage-Gate—Ri-ght-on-,Passage-Gate. 7. LMitude:_N 3406' 32" hont;itude:. W 77055' 6" of project 8. Contact person wha can answer Cluestions about the prnjecl: t' Nartic: James H. Fentress, Jr., P.E. `I`elephonc Number: ( 910 815-0775 11. PERMIT INFORMATION: 1. Specify whether prnjecl is (check one); X New, Renewal Modification Form SWU-ifll Version 3.99 fake l of4 2..]!'this application is beingsubmii:_tl as the result of ;i` ir.riewal or modif[eation Cu.-.i existing permit, list the - czistinf; permit number rss>Ic dart. ( know )_..---,--.-,--,---.----._.-.- .ant] its if n ' 3. lccify the type o[' project (check one): ki Low Density X _High Density _ Redevelop Genera] Permit Oilier .. ' , t ' 4. Additional Project requirements (check applicable blanks): CAMA Major X Sedimentation/T rnsion Contr. o1 404/401 Permit NPD> S Stormwater i fn1'ornintion oil requircxl st ue permits Can he Obtnined'by COrltaCting the CIIS[Omer Service Center -t 1-877-U-1-6748. , M. f ojr.ur IWORMA'T'ION I.,. In the space provider.[ bel(lw, surrlmar'ize how st0r111watc:i' will`hc'h•eated. Also attach o detailed narrative (ono to two pales},c[escril.lin(.r stcrrnlwater sllanaf;enlenr. for the project . Stormwater will be collected in catch basins and conveyed to one.of three infiltration basins Cape Fear:' 2. Storntwtitcr runoff front [his projeta drains to the; _ _ � River basin. i 15.28 .';.:, ,t 45.2 3. 'Tot, ] !'rojctat Area:-------.._._...------acrcrti l;. ",Prajcct Built Upon Area: _ Wc 5. I -low many dr,lirlalle areas does the project Ilnve? fi. Complete the 1'ollr3wi11l in!'ormatic.ln for each draiwig e area, if there are more Ifian two dr.iinage areas in the project, ,ittach ,in additional sheet Willi the information for.cach area provided in the same format ns below. Basin Information Orainnge,Area I .A Drainage Area 1B Receiving, Slre;im Mime Cape Fear River Cape Fear River Receiving Stream Cl:lss C SW r .......... T . C SW Oralnage Area 2.31 AC 4_92 .' AC 1 xis[Inl',Impe.rvious Anal 0 0 Pr'onnSrd Inlpervious`Areii '36, 232 SF 88,583 SF /0,Tniljervi0us' Area (total) 36.0 _• 41 .3 Impervious' Surface I\rctl Drainage; Arta I Diaimige Area 2 On -site ]3uildings 22, 500 'SF 67, 500 . SF On -site Streets 13,732 SF '' 21 083 SF On -site Porkinl — On -site Sidewalks Other;hn-site OfC-site l'otal: 36,232 SF' 1'ot:1]: 88,583 SF i lrarlr"Wous arr,,r is defined is the btrilt upon area inc:luding"ImI not limited to, buildings, roads, parking areas, it isidemilks, rtr..' }i Toint MU-101 Version 3.99 11:ibe 2 C, 1 ' 2. If this application is being suhlnittcd as the result of:r renewal or modilication to an existing permit, list the existing permit number rrxl its issue date (if Icncrwn)-_-._-,- 3. Sl)eci[y the type of' project (check one): _._—Low Density _High Density �_.I:cidevclop Genernl Permit Other 4. AdclitionA Project I:equirurnents (check npplicnble blanks): ____CAMA Major Sedime.ntatian/[ rosion Control 404/401 Permit _NPDFS Stornmmiter Information on rerjuired st I1c permils can he obtained lay contacting the Cr1SlOr11Cr• Service Center at. 1-877-623-674 8. Ill, iizwCI' INFORMA`I`ION 1. Ill the spare provicicd below, SL11111rtar17C [tow storrrtw:ricr will bu treated. Also attach a detailed narrative (one to two pages) describing; storniwater ntanal;enurnl for the project . 2. Slormwater runoff from IN'S project chains m the Cape Fear River basin. 3. "Dotal Project Arca: 15.28 acres 4. Project Built Upon Are;i: _40.0 g6 5. How many dra'ina(;e :11'cas does the project have'?--___ G. Complete the following; inforrturtion Ior (!:tell cl1•ninag;e area. 11' there ar•e Inorc than two drainag;c tu'cas in the project, attach :ul addikonni sheet with the in['61.111ation for each nr•ea provided in the same format as below. Basin 1111brin;ltiol, Drainahc.Arca 2 Driflmigc Are;► . 3 Receiving Stream N,une Cape Fear River Cape Fear River Receiving C:l:rss C SW C SW Drainal e Arun 3.33 AC 3.99 AC lxistin[; Impervious' Area 0 0 Proposmi lmpervimt%'Arcn 66,577 SF 74,630 SF Impervious Area 45,43.0 0 Impervious* Surface Area I)rainagc Area .2 Drainap;e Area . 3 On -site RrlildillgS 49,500 F 63,000 SF On -site Streets 17,077 SF .11, 630 SF On -site Parking; On -site Sidewalks Other on -silo Off -site . l'r.rral: 669577 SF 1'ot:ll: 74,630 SF ' lnrllervious area is defused ns lire built uport m-i�,i including, but not !hailed to, btrildiggs, roads, p;irking;Ireas, sidemilks, l;r':rvr.! arras, etc. Form SwU-101 Versiurt 3.99 1',,1ge 2 of'4 7: How w:i.5 the, c:rl•f-silt hilpor'virncs Ir'ca lisic:cl a)ove dcrivicd? :+; IV, DEED RESTRICTIONS AND PE:O` ECS'IVE COVENANTS 'I'iie following italicized deed restrictions and protective covenants are required to he recorded for all subdivisions, outparcels aril future developrllent prior to rlic sale of any IW. if lot sizes vary signil'icandy, a table listing each 10t number, size arld the allnwa)Ic built upon area far each lot tut:st he provicled as an attachment. 1. "l7re fnllenving covrnnrtts err itttended to rrisLrry ongoing c•omplinitee with st,'tlr sror'mivalet, management permit ntimber as issued by tlic Division of Water Quality. These covommis may lint be rhnfiged or dalrled without the ronsrllt of till? Starr. 2. No arrow than h, 500 spare feat ofany lot shall.N! r-omr'rd Fry struclurrs or imprrviotrs materials. Imporvious• otatarial.v include asphalt, gravel, r.•oncive, brick, sauna, shirr, ur similar rrr:licr'iarl but rho not include wood (Imkirl" of. the wafer.ti'trrfrcr ol•swillimirll; pools. ;i. Swales shrall not In: !•illvd in. piped, or alten'd except as necctssnry to provide driveway rru.�siutis, 4. Ill till -upon aria in r.vcrss of till? prr'mitfed amorrilt requirm a sliite slormwaler ntanll;eroent permit modification prior to conslrtrctiorl. S. All permillrrd r•rrrrolflivin oulp:u'rals or future development sh,dl be directerl inln thw permittedstorrirwatcr conlr'ol system. Those Connections to file stor'rtlavalel' control sys[arn shall be performed in a manner that maintains the integrity and perfclrmancr of the syslern as prrmittrd. i By your sigt)aturt belaW, yoLI.certil'y that she recorded de(..d restrictions and protective covenants far [his project shall include; all tltc aplllicahlc items t'ecluircd ahavc, that tlu: caverrints Will be binding on all parties and persons clairlling tmcler therll, that Ihey Will r'Llrl With the land, that the required covenants cannot be changed or deleted without concurrence from life State. anal that they will be recorded prior to the sale of any lot, V. SUPPLEMENT FORtv1S _..._ The applicable ~late stormwatc:r rn.rn, gollw.w porinit supplerrient lorm(s) list(:(] below must be submitted for each ]IMP, specilled for this project. Contact itte Storrtlwaler anti [;erieral Perinits Unit it (Bill) 733-5093 for the status and avai[a1)ilily of - these I'nrnls. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Uasin Supplement ]roan SWU-104 I_clw Density SL:i7i)le111cnt Form SWU-105 Cur) Outlet System SLtpplenuCnt Eiornl SWU-10fi Off -Site System Supplement Form SWU-107 Urulerd round Infiltration `I'rcncll Supplement Dorm SWU-109 Neese laver' Basin Supplement Form SWU-IOf) hi mvative. hest Management Practice Supp] e.nlenl Firm SWU-101 Version 3.99 I'sgc 3 ol'4 VI. SUI3MI'1'TAL [Z1?Qll[RhMENTS Only complete application packages will be acceptecl and reviewed by the Division of Water Quality (DWQ). A complete, package includes all of the items listed below: The complete application package should be submitted to the appropriate l3WQ Regional Office. I'leasc indicate th;tt you have provided the Following; re(ILllred infor'mwion by initialing in the space pi-ovided next to each item. • Original and one copy or the Stonnw,-iter Management Permit Application form • One copy of the applicable Supplement I'ot'm(S) for each BMP • Pertnit apphcatiori processing fee of $420 (payable to.NCDENR) • Detailed narrative c.lescription of'storrnwaten- treatment/management • Two copies orplans;lnd specifications, including: Developrt-teni/Project mate Engineer and f'irrn Legend North arrow - Scale ' Revisiort nLlrnher K data f Meml high water line Dimensioned property/project boundary Location map with rinmed streets or NCSR rnunbc:rS Original contours, proposed contours, spot elevations, finished floor elevations NJ Details or roacis, drainage 1e itures, collection systems, and stormwater control measures Wetlands delineated, or a note on plans that none exist Existing drninnf;c: (including off -site), dl'iliOilge easentcnls, pipe sires, runoff calculations Drainage ,Yeas deline;.tted Vel;elated buffers (wh(!re reclLlirecl) VII. AGENT AU l-IORIlA`nON 11' you wish to designate authority w another inclividLKtI or firm so that they may provide information on your behalf, please complete this section, Designated agent (individual or hnn):_ Stroud Engineering., P.A. — — NlailinpAddress:�-- 102—D Cinema —Drive, ---------�---T — City: Wilmington State: NC zip: 28403 Phone: ( 910 ) 815-0775 rnx: ( 910 ) 815-0593 _ VIII. AITLICANT'S CERTIFICATI0N (pl-iol al. type nnrire of person tided in Ccner•"rl 111Tx-rnalion, item 2) — John Conner certify that the information included on this permit application lor•rrr is, to the best of my.l<nowledge, correct and that this project will lm cnrtsrl-ucted in con['or•lnartce with the approved plans, that the rcgLlil'ed deed restrictions anti proleclive covenants will be. recorded, and that the proposed project. complies with Ill(,' requirements of 15A NCAC ZI-[ .1000. Date: ell—fl.. Gj Form MU-101 Version 3.99 P;ige 4 of 4 Permit No. 5 W g 056P �a- (to hePro �,idcd by DIt'Qj State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stonilwater management plan submittal includes a stonnwater management perniit application, an Infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. 1. PROJECT INFORMATION Project Name : Crown Ridge at Tidalholm Contact Person: James H. Fentress, Jr., P.E. This worksheet applies to: Basin No. 1—A (as irterilili(0 ('ri Plan.,) Phone Number: ( 910 ) 815-0775 in Drainage Area 1—A Qrom Form .S VU--101) H. DESIGN INFORMATION - Attach supporting calculations/dOCLillleiitatioil. The soils report must be based tlpon an actual field investigation and soil borings. County soil maps are not an acceptable source ofsoils information. All elevations shall be in feet mean sea level (fmsi). Soils Report Summary Soil Type Infiltration Elate SHWT Elevation Basin Design Parameters Design Stornl Design Volume Drawdown Time Basin Dimensions Bashi Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Koirah b in/hr or cf/hr/sf (circle upprrrPriute uru7sj 13.83 fmsl (.Seasonal High fValer Table elevenion) 2.0 inch (1.5 inch e+cni fir SA waters, 1 inch erenl fir others) 6,275 c.f. 0.28 days 38 ft' x 50 ft. = 1, 900 sq. ft. (hitliut (iimensions) 28 315 c.f. 18.0 fmsl 19.96 Frnsl 23.0 fills] Form S W U-103 Rev 3.99 Page I of 3 111. 11EQUIRE1) ITElNgS C1-1EC1C111S`[' The following checklist outlines design requirements per the Stormwater Best Management Practices Manuel (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 21-1 .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. ]f the applicant has designated an agent in the Stormwater Management Permit Application Dorm, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. j1..7ati� , C. Bottom of system is at least 2 feet above the SCaSollal high water- table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. c. System is riot sited on or in fill matcriail or DWQ approval has been obtlined. f. System is located in a recorded drainage eascinut for the purposes of operation and maintenance and has recorded access casements t'o the nearest public right-of-way. U` g. Drainage area for the device is Icss than 5 acres. 11. Soils have a ]ninimurll hydraulic conductivity of 0.52 inches per hour and soil~ report is attached. Cam" 7 i. System captures and infiltrates the runarfrom the first 1.0 inch of rainfall (1.5 inch event for C arrears chaining to SA waters ). Design volume and infiltration calculations attached. / j. System is sized to take into account the runoff at the Ultimate built-Oflt potential f roni all surfaces draining to the system, including any off' drainage. Calculations attached. k. All side slopes stabilized with vegetated cover arc no steeper than 3:1 (I -IN). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sc(llnlcnt trail) IS pl-ovrdCd. In. Bottom of'the device is covered with a. layer of clean sated to an ;tvern_;e depth of 4 inches or dense vegetative cover is provided.., . II. Vegetated filter is provided for overflow and detail is shown on plans (Required minimtnn length is 50 feet for SA waters, 30 feet For other wafters). Flow distribution mechanism within The basil] is provided. A benchmark is provided to deternlIn.Cithe'sedimcnt accurnulation in the pretreatment device. R11110ff in execs of'thc design volulrfe':bypasscs off-line systems (bypass detail provided). System is designed to draw clown the design storage volurne to the proposed bottom C1CVatI0I1 UndU seasonal high water conditions within five Clays. A soils repor and all pertinent draw -down calculations are attached. Plans Cnsflre that the Installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SwU-103 Rev 3.99 Page 2 of 3 , I M, IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT I.' Aker every runoffproducing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegeiative cover, and general condition. 2. Repair eroded areas immediately, re -scud as ncccssary;to maintain adequate vcgetativc covet•, mow vegetated cover to inaintain a maximum height of'Six inches, and remove trash as needed. 3. Alter every runoff pI•oducing rainfall event and at least monthly inspect the bypass, inflow and.overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design Specific;ltions. • 4. Remove accunit:!;tied sctlinlcnt !molli the pretreatment systcm and infiltration basin annually or When depth in the lll-ctI-e ttrllcnt unit is reduced to 75% ofthc original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may caIISC the required Water table Separation to be reduced and May compromise the ability of the systcm to perform as designed. Removal SCdIIllellt Shall be diSposcd of in an tippropriate manner and Shall tint be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stornlwater treatment device or strcarn, etc.). A benchnlai•k shall be established in the prcireatnient unit. The IMIClllllark Will document the original (ICSigll dCptll So 111;11 ;ICCIIratC SCd1t11C111 LICCUITilllahott'readings call be taken. The nicisuring CICVICC used to CIc[Crininc ille depth at the benchmark Shall be such thacIt will giVC all -ICCLlI-atC depth reading* and not readily pcnctratC into:lcclrnlulated sediments, 1Vllen the design depth I•e:icls 3.0 feet in the pretreatment unit, the sediment shall be removed from !loth (lie pretreatment. unil and the'.infiltration basin. 5. lfthc Division delcrtnines that the system is falling, the system.will immediately be repaired to original design specifications. ll'the system cannot be repai'rcd to perform its design function, other stornlwater control devices as allowed by NCAC 21-1 .1000 must he designed, approved ;111d COIISu-ucted. I acknowledge and agree by lily signature below that_I ain responsible for the performance of the live nTainten:llice procedures listed above. I agrec to notify MVQ of ally problems With the systcm or prior to any changes to the systern or responsible pni-ty. !Tint Nanic anti 'Title Addre Phone: 910-256-0885 Signature: John Conner, Manager 1430 Commonwealth Drive,, Wilmington, NC 28405 Date: � L.�. G Alp. - 0A-5/.4" Note: indess more Ilrrrn 5U`1,'n/'Ihu Ims have bean vold aril rr resident (Jf the subrli vishm ltrrs beets rimier! Me hrevieletu. Of' a Nntary Public I�rr t�l+tc S,t�at�e of. �� , County 9Q.LiISSSW%�C , do liereby certify iltat _ ,i1� v(V ncrson,rlly appcarccl bCliirc life Illkgg clay of zoo3 ;uul ❑ch110%V1CdgQ the clue execution of the forgoing inf iltnitioii basin nwinlenancc rCgttirClIMILs. Willies~ lily h.tiul+ainaisal'{}5fal seal, Sl:n[�tsr Forni S�1 t-1;1 Re" !rf ;sy ow rL��t�vpy1L% UA� My contrttissiori expires Inge 3 of 3 Permit No. S W 8 6 3D 9a':7 (to he provided hi- DtVQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This forth may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete Stormwater management plan submittal includes a stonnwater management pen -nit application; an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stonnwater conveyances and system details. 1. PRO.IECT INFORMATION Project Name : Crown Ridge at Tidalholm Contact Person: James H. Fentress, Jr., P.E. Phone Number: ( 910 ) 815-0775 This worksheet applies to: Basin No. 1 B (as identified on plans) in Drainage Area 1 B (fwn Forlrt .vru-tot) 1 [. DESIGN INFORMATION - Attach supporting; calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soil Type infiltration Rate SI-I WTElevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Llevation Storage Elevation Top Elevation Kureb 6 in/hr or cf%hr/sf (circle appropriate units) 13.83 fills] (Seasonal High Water Table elevation) 2.0 inch (L5 inch event.for ,SA haters, 1 inch event fur others) 15,073 c.f. 0.65 days 44 ft. x 48 ft. = 2,112 sq. ft. (hottorn diniensions) _ _4.1,065 c.f. 18.00 fins] 20.79 finsl 23.0 fms[ Form SWU-103 Rev 3.99 Page l of 3 Irr. rz�?Qurrirra r�rl{;nos crlr?cr�l�rs�r The JbIlowing checklist outlines design requirements per - the'Storttlwater Best Management Practices Manual (N.C. Department of l�nvironment, Health and Mltural •Resources, February 1999) and Administrative Code Section: 15 A NCAC 21-1 .1008. 1111tMI in the; space provided to indicate that the I'01lOwirlg dCSlgrl requ'IIVllerlts have bccll islet and supporting documentation is .lttached. If the applicant. has designated tin agent in the Stormwater Managetllent Permit Application Form, the agent may initial below. Attach justification il' a requit-ement has not been met. Applicants Initials b. C/ e. System is located 50 feet Gone cinss SA waters and 30 iect 1r0111 other surface waters. System is located at Icast 100 feet from water supply wells. Bottom of system is at least 2 iect abovc'ilic'scasonal high water table. Bottom oi'the system is 3 feet above any bedrock or impervious soil horizon. System is not sited oil or in fill material or DWQ approval has been obtained. System is located in a recorded drainage casement for the purposes of operation and maintenance and has recorded access casements to the 11e.11-CM public right -of- way. Drainage area for the device is less tli.m 5 acres. Soils have a nlinimurrl hydraulic Conductivity of 0.52 inches per hour and soils report is attacled. System c.tptures and infiltrates the runolf from the first 1.0 inch of rallll'all (1.5 inch event for arc.ls draining to SA waters ).. Desi4n'MLltlle and infiltration calculations att,Clled. System is sized to take into account tlic�rurlof'I'at the ultimate built -out potential from all sud"Ices clr.lilMIg to the system, including any off' -site drainage. Calculations attached. k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (1-1:V). 1. A pretreatnlerlt device such as a catch basin, grease trap, filter strip, grassed Swale or sediment tr'lp is provided. • rn. Bottom ol'thc device is covered with a layer of elean sand to an average depth of d inches or dense vegetative cover is provided. IF Vegetated filter is provided for overl'low and detail is shown on plans (RCgLlircd rninirllunl length is 50 feet far SA waters, 30 feet I'or other waters). HOW diStributi011 illecharllSnl wlthlll the basin•is provided. A benchmark is provided to CICICrinill[' thC'SCCIinlCllt aCCu111Ldatlon 111 the pretl•catlllent device, R11110il'ill excess of* tile desi�ll VOILlllIC,bypasSCS off-line systems (bypass.detall provided), System is designed to draw down thc•design storage volume to the proposed bottom elevation under seasonal hioll water conditions within five clays. A soils report and all pertille it draw -clown ulolls, own Ca are <Mtached. PlanS CI1SnrC that the installed system will inect design spccll Icatlons (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Fornr SwtJ-103 IZw :1.99 Pagc 2 o(a ":.` IV. INIA1,11ZATION BASIN OPERA11ON AND MAINTENANCE: AGREEMENT I., After every runoffproclucillg rainfall event and at least tnonthly Inspect the infiltration system for erosion, trash aca nitdatOn, vegetative cover, and general conditiorl. 2. Repair eroded areas inunedimely, renced as necessary: to maintain adequate vegetative cover, snow vegetated cover to maintain a maximum height of'six inches, and remove trash as needed. 3. After every runoff'producing rainfall event and at lcAf monthly inspect the bypass, inflow and.overflow structtncs for b5ch1c. and dneholstON Remove ani blockage and repair the structure to approved design specifications. 4, Remove accumulated scdnnent from the pr neummy system and infiltration basin annually or When depth in the prct1'C2tntcnt unit is reduce(] to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the I-Cdlnl-Cd water table scparniion to be reduced and rl)ay compromise the ability of tlic system to perform as designed. Renlovcd sediment shall be disposed of in an appropriate manner Ad shall not be handled in a manner that will adversely impact water duality (i.e. stockpiling rlcar a stornlwater treatment device 61-stream, ctc.). A. benchnl;ui shall be established in the prunvatmentyk. The benchmark will document the original design depth so that accurate sedilncrit accumulation itadings can be taken. The measuring device used to determine the depth at the bmwhrnark shall be such that it will live an accurate depth reading and not readily penetrate into accumulated sedhilcnts. When the design depth reads j • u reef in the pretrentment unit, the sediment shall be removed from both the pretreatment unit wid the:iilliltration basin. 5. 1['tile Division dctcrrrlincs th;lt the system is failing, tll'c system will immediately be repaired to original design speci6c;I6cm, Ifthe system cannot be repaired to perform its design Junction, other stormwater control devices as allowed by NCAC 21-1 .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that. f am responsible for• the pedbrmance of the live inaintenance procedures listed above I agree to notify DWQ of any problems wAll the system of prior to any changes to the system or responsible party. Print N one and "Title; Address: Phone: 910--256-0885 �Ign,ltlll'C: � John Conner, Manager 1430 Commonwealth Drive,. Wilmington, NC 28405 Datc: Able: Pie lc;,wlr!r ecvpoarsibla• lulu'{r shoal](] )rol ba.• as broilet) II'll l.'!'A' atss•ua:iarlioar imlrs.t• mews! Him 50"% ol'llac lols IlaIw hcru sold eleld it r'neillvw ol'Jllr .raabalirisiottill rs bmil aloumrl laic• p•evitlew. a Nnt:Try Public fiu• tlttrTate 4of' ,+':notify of, 1 \ C��, Mtn hcrchy ccrtit'y tlru C��11 _ persutr,llly apprlirtl belixc Tile dik y St` stay nl' �� zoa3,tiid,icktioiOedged ic d"o exec utioi i.oI'(be Iorhllltlg MCI IIS'alion lrlsin 111nu)tcTl;llice requirements. Wilne::s Illy 11;111�,,tnitlMSi�ta}�y�:rl, JQ ti]?AL = 4jO-TA A (P My co;llotissTatl c.e;Sires LI B: 0 G l nrnl sWt� - 10 t� tiv 3 1), , �.�1'a-e a of WlCK G�,``�. Permit No. �5W g 030 a as (to be provided by DIYO State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form inay be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwatcr management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. 1. PROJECT INFORMATION Project Name : Crown Ridge at Tidalholm Contact Person: James H. Fentress, Jr., P.E. Phone Number: (910 ) 815-0775 This workshect applies to: Basin No. 2 (az idoIfiJied un phrns) in Drainage Area 2 fJi-oln Farm ,Sit'U-1(11) 11. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soi I Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top ]elevation Kureb 6 in/hr or cf/firlsf (circle appropriate earits) 15.75 fmsl (Seasonal High Plater Table elevarion) 2 ineh (1.5 inch event,urSA waters, I inch event.fin-others) 11,197 c.f. 0.33 clays 82 ft. x 58 407 c.f. 18.00 fms] 20.81 fnsl 24.00 fms] ft. = 4,756 sq, ft. (bottom diniensions) Form SWU-103 Rcv 3.99 Page I of 3 Ill. I21?QUIRI?D 1'1' ws cuirCKL.is-r The following checklist outlines design requirements perthe Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 21-1 .1008. Initial ill the space provided to indicate that the following design regUil-ClIlCntS have been met and supporting documentation is attached. 11' the applicant has designated an,agent in the Stornlwatcr Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applic: Initials a. System is located 50 feet from class SA waters and 30 feet front other surface waters. b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of talc system is 3 feet above any bedrock or impervious soil horizon. e. System is not sited on or in fill material or DWQ approval has been obtained. l'. System is located in a recorded drainageCasement for the purposes of operation and and has recorded access Casements to the nearest public right-of-way. yMaintenance Drainage area for the device Is less Than 5 acrCS, h. Soils have l mininitim hydraulic condLICtivity of 0.52 inches per hour and soils report is ( 7/ lll[,ICIiC(l. . i. System captures and infiltrates the runoff from the first 1.0 inch of rainfiall (1.5 inch event for areas Liraillil)g to SA waters ). Design Volume and Infiltration calculations attached. j. System Is sized to lake into iaCCounl llle 1'unoff at the ultimate built-oUt potelltlal from all surfaces draining to the system, including any off -site drainage. Calculations attached. k. All side slopes stabilized with vegetated cover lire no sleeper than 3:1 (FIN), C 1, A pretreatment device such as a catCh,basln, grease trap, filter strip, glassed Swale or sediment trap is proviLletl. -is ill. Bottom ofthe device covered with a layer ofelean sand to an average depth of'4 inches or (tense vegetative cover is provided. Il. Vegetated f ]ltcr is provided for ovel'I16w atld detail is shown on plans (Required miniI11L1111 length is 50 feet for SA waters, 30 feet for other waters). _ o. Flow distribution mechanism within the basin 1s provided. p. A benchmark Is provided to determine the Sediment aCCLIn1uliation in the pretreatment device. tI. Runoff in excess of the design volume, bypasses off-line systems (bypass detail provided). r. System is designee[ to draw down the design storage volume to the proposed bottom elevationLinder seasonal high water conditions within five (lays. A soils report and all pertinent draw -down calculations are'attachCd. . s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once'tlae project is complete and the entire drainage area is stabilized. Forni SWU-103 Rcv 3.99 Page 2 of 3 • IV. INFILTIRA,rION BASIN OPERATION AND MAINTENANCE AGREEMENT I . After every runof'I'producing rainlall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and genen-d condition. 2. Repair eroded areas immediately, re-secd as neceSsary,to maintain adequate vegetative cover, mow vegetated cover to maintain a lnaximurrl height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at Icast monthly inspect the bypass, inflow and..overfiow structures for blockage and deterioration, Retnove ally blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment systcnl and mfiltraiion basin annually or when depth in the pretruunlent unit is reduced to 75% of talc original design depth. 'the systcnl shall be restored to the original design depth without over -excavating. Over -excavating [nay cause the required water table separation to be reduced and may coaipronlise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate mantldr and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stornlwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation rbadings can be taken. The meaSUI-ing deViCC uSCd to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. . When the design depth reads 3.0 feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the Jilliltration basin. 5. lhtllc Division (letcrnlincs that the systc[n is failing, the system will ininiediatcly be repaired to original design specifications, If the system cannot be repaired to pcI-fbrm its design function, other Slornlwatcr control devices as allowed by NCAC 21-1 .1000 must be designed, approve([ and constructed. [ acknowledge and agree by [ny signature below that I ant responsible for the performance oftlic five n1atlltenallce procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the systcnl or responsible party. Print Na[ne and Title Ad(h-css: Phone: 910-2 Signature: John Conner, Manager 1430 Commonwealth Drive, Wilmington, NC 28405 Date: ,Note: Ilte lexulli, responsible pugj, should not be a Itutlu.'oilgnery ussociuliuu wdess more tltutt Sl)'% n/ 11ru loin hove heed sold mul u resident gPhe subdivision Tuts been tmmed the presidetu. 1,,i\e -P. S . �a`i�SP�a Notary Public for the State of'.�`�'� `�"""r-, C:ounty ol• do hereby certiry tluit-!Sc�yNt-1 _ personally .Ippem-ed belbre me ilikY day of'-SQN%-L�y and acknowledge the due execution ot'lie lt>rgoing inliltratiou basin maintenance requirements. witness illy 11 i(j llh y rl'Fiti+t cal, rj , �CS(�A tip,` `(/lff ,•h `F' SEAL �OTA1q 1. A«SO U %sWICK 0%`'�*� link 0 My comnlissiou expires "'1 - O i -�� `� I'a c 3 or 3 Pennit No. S A S o 3 o a- a2- (to he provided bar DIVA) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as at onfxinal DWQ Stormwater Management_ Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement fo:- each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : Crown Ridge at Tidalholm Contact Person: James H. Fentress, Jr., P. E. This worksheet applies to: Basin No. 3 (as idenif ied op plugs) Phone Number: ( 910 ) 815-0775 3 in Drainage Area (fronr Forur SIPU-10I) II. DESIGN INFORMATION - Attach supporting calculations/dociumentation. The soils report must he based upon an actual field investigation and soil borings. County soil maps are not an acceptable source ofsoils information. All elevations shall be in feet mean sea level (fins]). Soils Report Summary Sod Type Infiltration Rate SI-1WT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Kureb 6 in/hr or cf/hr/s{ (Circle uppr npr iule Trails) 13.33 frnsl (Seasowd hligh Rioter Table elevaliar) 2 inch (1.5 iaeh evewJ(w SA miters, I inch evew fr)r others) 12,642 c.f. _0 83 days 71 ft. X 18 {t. = 1,278 sq. ft. (hotiroa dirrrerrslons) 47,254 c.f. 18.0 fill s1 19.88 fimsl 22.0 fimsl Form SWU-103 Rcv 3.99 Purge l of 3 M. Rl'!"QUIRED ITEMS CHFI CKIAST The following; checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, 1-lealth and Natural .Resources, February 1999) and Administrative Cole Section: 15 A NCAC 21-1 .1008, Initial in the space provided to indicate that the folrowlllg dCSlgll rC(]mlll"CI11Cl1TS have been met and supporting; [IOCL1111Clltation is attached. If the applicailt has designated an agent in the Stornlwatcr Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applic.3 s Initials a. C. c[. c. 9. System is located 50 feet from class SA waters and 30 feet from other surface waters. System is located at least 100 feet front water supply We] IS, 13ottorn of system is at least 2 feet above the seasonal high water table. Bottom ofthe system is 3 feet above any bedrock or impervious soil horizon. System is not sited on or in fill material or DWQ approval has been obtaine(l. System is locatecl in a recorded drainage easclllCllt for the purposes of operation and maintenance and has recorded access Casements to the rlCarCS1 pmlblic right -of -Way. Drainage area for the device is less than 5 acres. h. Soils have a 1nlnlrlltr1n hydral.dic conductivity of 0.52 inches per homer and soils report Is attached. 3 Systcnl captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Dcsign.volu111c and infiltration Calculations attached. System is sized to take into acCOunt.tile runoff at the ultimate bmlilt-out potential from all st.lrfaccs draining to the Systcnl, inclu(Iing; ,illy off -site drainage. Calculations attached. All side slopes stabilized with vegetated cover arc no steeper than 3:1 (I-I:V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is 1�rovided. m. Bottom of the device is covered with.a layer' of clean sand to an average depth of 4 inches or dense vegetative cover is provided. . . B Vegetated filter is provided for overflow and detail is shown on plans (Required nlinimmun length is 50 feet for SA waters, 30 feet for other waters). Flow (llstrlbmlt1011 inechanism within the basin is provided. A bcllchnlark is provided to determine the se(limcllt accumulation ill the pretreatment device. Runoff in excess ol'the clesign volume'bypasses o1T line systems (bypzss,(lctai[ provide(l). System is designed to (lraw down the design storage vol(mlC to the proposed bottom elevation under seasonal high water= conditions within five days. A soils report and all pertinent draw -down calculations arc attache(l. Plans ensure that the installed systelil will tliect design Specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Page 2 D1' 3 1V. INFILTRATION BASIN OPERATION AND MAINTIiNANCE AGREEMENT I . After every runoff producing rainfall event anal at least monthly trlSpect the infiltration system for erosion, trash accu111ulation, vegetative cover, and general condition. 2. Repair eroded areas ini niediatcly, re -seed as nccessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff'producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sedinncnt from the pretl-eatmetlt system and infiltration basin annually or when depth in the pretreatment unit is reduced to 751% ofthe original design depth. The system shall be restored to the original design depth without over -excavating. Over excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perrorm as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality {i.e. stockpiling Clear a stortnwater treatment device or stieam, etc.}. A benchmark shall be established in the pretreatment unit. Tlie benchmark will document the origin�il design depth so that accurate sediment accuinulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be Such that it will give an accurate depth reading and not readily penetrate into acc>.rrllttlatcd scdimcnts. When the design depth reads --.3_, o feet in the pretreatment unit, the sedinent shall be removed front both the pretreatment unit and theinfiltration basin. 5. If the [division detenrifflcs that tic system is failing, the system will immediately be repaired to original design specifications. If the system Cannot be repaired to pel'lot-111 its design function, other stormwatcr control devices as allowed by NCAC 21-1 .1000 must be designed, approved and constructed. I acknowledge and agree by illy signature below that I mn responsible for lllc performance oftlle five 111;1tntenance procedures fisted above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Nanie and Titic Address: Phone:_ 910-256- Signature: �4 John Conner, Manager 1430 Commonwealth Dr., Wilmington, NC 28405 Date: .511, O3 Note The legrdlt, responsible purls should no! be a h mIL101 1ers ussnciudiol7 'rndr." mire than 50%'gl'dw loin have been sold and u resident oj'the subdivision has beeir noised the president. a Notary Public stir lli/�c++S��tate of'. ,,��County or hcreb ccrtif than O�11.tts C-C> wC.� 3i $} Sh�Sul Y Y persunalfy appcarcct bcrore me this_ dny of- N ZCOC�3tmd acknowledge the due execution of'the forgoing infiltration basin nwintoiiWlCe 1'ecluirements. ,%I t%jIkjt41JIIt,�I, Witness Illy h,�kQtl'-rcl�yf J 'y SI:AL 4,oTA,%, Fonll SWU- ift.3, lCK' Gp ����• My comu1ission exp Page 3 or 3 q-o-7 -V-S ��:, f.. i . ��� � � .+. -• r r •t .fl '_ � i � .. �� ,15. ,,t,'� a I. • .. State Stormwater Management Systems Permit No. SW8 030222 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF \'VATER QUALITY STATE 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 Bill Clark Homes of Wilmington, LLC Crown Ridge at Tidalholm New Hanover County N100-"H construction, operation and maintenance of 4 infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 23, 2013 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 45 lots, each allowed 4,500 square feet of built -upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 2 State Stormwater Management Systems Permit No. SW8 030222 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Crown Ridge at Tidalhoim Permit Number: SW8 030222 Location: New Hanover County Applicant: Mr. John Conner, Manager Mailing Address: Bill Clark Homes of Wilmington, LLC 1430 Commonwealth Drive Wilmington, NC 28465 Application Date: May 23, 2003 Receiving Stream/River Basin: Cape Fear River / Cape Fear Stream Index Number: CPF17 18-(71) Classification of Water Body: "SC" Basin Number: 1A 1B 2 3 Drainage Area, sq. ft.: 100,624 214,315 145,055 173,804 Onsite, sq. ft.: 100,624 167,706 145,055 173,804 Offsite, sq. ft.: 0 46,609 0 0 Total Impervious Surfaces, sq. ft.: 36,232 88,583 66,577 74,630 Basin Depth., feet: 5 5 6 4 Bottom Elevation, FMSL: 18.0; 18.0 1 &0 18.0 Permitted Surface Area at bottom, sq. ft.: 1,881 1,947 2,865 1,276 Permitted Storage Volume, cubic ft.: 6,275 15,073 11,197 12,642 Temporary Storage Elevation, FMSL: 19.96 20.79 20.81 19.88 Seasonal High Water Table Elevation, FMSL: 13.83 13.83 15.75 13.33 Expected Infiltration Rate, in/hr: 6 6 6 6 Time to draw down, hours: 31 42 23 72 3 State Stormwater Management Systems Permit No. SW8 030222 11. SCHEDULE OF COMPLIANCE l . No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvalsgiven by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. C. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements 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. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 4 State Stormwater Management Systems Permit No. SW8 030222 10. If the stornnrvater system was 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. Decorative spray fountains will not be allowed in the stormwater treatment system 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available.upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: fa. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030222, as issued by the Division of Water Quality under NCAC 2H.1000. Jb. 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. V. 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. ie Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. �f. The maximum built -upon area per lot is 4,500 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. V Lots within CAMA's Area of Environmental Concern may be subject to a g Y J reduction in their allowable built -upon area due to CAMA regulations. 5 State Stormwater Management Systems Permit No. SW8 030222 i All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. 16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition priof to the transfer. Records of maintenance activities performed to date will be required. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Pennittee, the deed book number and page, and stamp/signature of the Register of Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Ill. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, including as may be required, but not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. C. State Stormwater Management Systems Permit No, SW8 030222 Pennittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8: The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 23rd day of May, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION c-cam Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW$ 030222 r1 State Stormwater Management Systems Permit No. SW8 030222 Crown Ridge at Tidalholm Stormwater Pen -nit No. SWS 030222 New Hanover County Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (penodicailylweekly/full time) the construction of the project, (Project) for (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. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL 9 State Stormwater Management Systems Permit No. SW8 030222 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 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. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is Iocated per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. 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. 11, Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The dimensions of the system, as shown on the approved plan, are provided. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections M STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NC 27858 �j 5 vi M7 65o . 'Aa' n LLIEVUL212 W 4 0 0 uMNO LJ LJL- IL (252) 756-9352 TO nI c j-- r P— LJJAMIZ_ DATE z o '°ram Pw 7.Zp ATTENTION uQAl.1v RE: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION g /S d STrZtC vt � rZN.Fti+ THESE ARE TRANSMITTED as checked below: © For approval ❑ For your use ❑ As requested ❑ For review and comment 0 Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS ��v2r X70.�— Z Zao -.� - Cot" at -a o t , Pr ry 4 At4var Pit 11-asrt >tS/Z Ccoa4* COPY TO SIGNED: T if enclosures are not as noted, kindly notify us at once. I ,UV ;!��ll��fllE�l�llf�ll�llll�li+';lllll�Ill�l�llf�`II�I zW�3F753@49 V ' . FOR RCCISTRnT tort RCctSTER Or DEEDS REOYCCR r..CR"c nN NL LI Fu iNUVF:R CUUNTY, 2003 AUG .16 01:36:52P!CPM 0K:3960 PG:956-965 FEE:$30.00 Ih�STR�i�li:Ni � 20�3��3�49 11 -arm U., oe,,, STATE, OF NORTH CAROLINA DECLARATION Or COVENANTS, CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVLR CROWN RIDGE SUBDIVISION THIS DECLARATION, made the 45-' ay of d��5 T , 2003, by Bill Clark I -Ionics of Wilmington, L. L. C., hereinafter referred to as "Declarant". WITNESSE,TH: WrIERLAS, Declarant is the Owner of certain property in New Hanover County, North Carolina, which is more particularly described as follows: BEING all of Crown Ride Subdivision is the same is shown on the plat thereof recorded in Map Book; at Pagco `13 in the office of the Register of Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more particular description. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following casements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall rum with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and.refer to Crown Ridge Homeowners Association, Inc., a North Carolina non-profit corporation. Section 2. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all property including improvements thereto owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the f irst Lot shall be all retention ponds and all of the area designated as "common area" on the plat of Crown Ridge Subdivision. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. rw Section 6. "Declarant" shall mean and refer to Bill Clark Homes of Wilmington, L. L. C., its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot �v�u�►�-b from the Declarant for the purpose of development. ARTICLE TT PROPERTY RIGHTS Section 1. Owners' basements of Enioyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to_ by tlic members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or,transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 2. Delegation of Use, Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to.the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III HOMEOWNERS' ASSOCIATION Section l . The association shall be incorporated no later then the date the first Lot in the development is conveyed. The association is a not -profit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Areas in accordance with this Declaration, its Charter and Bylaws. The association shall be empowered to perform and/or exercise those powers set forth in the Act as it maybe amended from time to time, in addition to any powers and authority otherwise granted to it. Section 2, Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot which is subject to assessment. Section 3. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be case with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shill I cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) on May 31, 2007. 2; rz Section 4. The association shall at its.sole cost and expense be responsible for the maintenance of the Common Areas from the date of its improvement by the Developer, whether or not such Common Area has actually been deeded to the Association. Section ?. The Association, as a common expense, may keep the Common Areas and other assets of the Association, if any,'insured against loss or damage by fire or other hazards and such other risks, including public liability,insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The association shall have the sole authority to deal with the insurer in the settlement ofclainis. In no event shall the insurance coverage obtained by the association be brought into contribution with insurance purchased by Members or their mortgagees. At a minimum, the association shall maintain the insurance coverage required by the Act. ARTICLE IV COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be expressed in such deed, is deemed to covenant and agrcc to pay to the Associntio:, �.rital improvements, and (3) working capiwi assessments, such asscss,r;or:;:, as hereinafter provided. The assessments, together with interest, costs, and reasonable attorney's fees, shall ,be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, including the costs of property taxes assessed against the Common Areas and the costs of insuring the same, if applicable: Section 3. Maximum Annual Assessment. Until January 1 of the year immediately Following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Hundred Twenty Dollars ($120.00) per Lot. (a) from and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10%) above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment maybe increased by more than ten percent (10%) by a vote of�two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including' fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person orby proxy at a meeting duly called for this purpose. Section 5. Working Capital Assessments. At the time of sale of each lot by the Declarant, there shall be due and payable at closing a capital ization fee equal to the greater of One Hundred Twenty Dollars ($120.00) or the annual assessment then in effeet at time of closing, payable by the purchaser to the Association. Such amounts paid for working capital are not to be considered as advance payment of the Annual or any other assessments. Section 6. Notice and Quorum For Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the burpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less thin thirty (30) days nor more than sixty (60) clays in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty. percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another mccting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding mccting..' Section T Unifoo-nt Rate of Assessment. Both annual and special assessments mustbe fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 8. Date of Commencement of .Annual Assessments: Due' Dates. The annual assessments provided for herein shall convmence as to" all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The annual assessments shall be due and payable on or before January I of each year. The Association shall, upon demand, and fora reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly execute certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. The Owner shall be responsible for any litigation and court costs and reasonable attorney fees incurred in the collection of any assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment line. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu therefore, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer: No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE V ARCHITECTURAL CONTROL Section 1. Developer's Rights. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. Section 2. Building and Site Improvements. No dwelling, fence, wall or otherstructureshall be commenced, erected, or maintained upon any Lot in the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, 4 shape, heights, materials, and location of the sanie shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control Committec composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal of approval oi'any such plans, location or -specification maybe based upon any ground, includingpurely aesthetic and environmental considerations that in the sole and uncontrolled discretion of the Declarant or Architectural Control Committee shall seem sufficient. One copy of all plans and related data shall be furnished to the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects in plans or specifications submitted to it or any structure erected according to such plans and specifications. Section 3. Approval of Plans. . (a) No house plans will be approved unless the proposed house shall have a minimum of 1150 square feet of enclosed dwelling area: The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling, provided, however, that such term does not include garages, terraces, decks, open porches, and like areas; provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". (b) Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to thcc side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case may be. Provided, however, that no dwellings shall be constructed closer than ten (10) feet to an adjoining property l i ne. (c) The exterior and landscaping of all houses and other structures must be completed within three (3) months after the construction of same shall have commenced, except where such completion is impossible or would result in great. hardship to the Owner or builder, due to strikes, fires, national emergency or natural calamities. (d) No structure shall be erected, altered, placed or permitted to remain on any Lot, except one (1) single family dwelling not to exceed two (2) stories in height, unless the Declarant or the Architectural Control Committee, as the case maybe, approves in writing a structure of more than two (2) stories, and one or more small accessory buildings (which may include a detached private garage, servants quarters, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building. (e) All service utilities, fuel tanks, clothes lines, wood piles and trash and garbage accumulations are to be enclosed within a fence, wall or plant screen of a type and size approved by the Declarant or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail boxes shall be uniform in design. Design for mailboxes shall be furnished by Declarant. (0 Off street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot, which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turfstone. 5 Section 6. Animals. No animals, livestock or poultry of any kind shall be kept er maintained - on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed: Section 7. Outside Antennas. No outside radio or television antennas shall be erected on any Lot or dwelling unit within the Properties unless a.nd until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee. Section 8. Window Coyerinus. All drapes, curtains or other similar materials hung at' windows, or in any manner as to be visible from the outside, of any building erected upon any Lot shall.be a white or neutral background material... Section 9.' Lxterior Litthts. All light bulbs'or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white, or non -frost lights or bulbs. Section 10. Junk Vehicles and Tractor -Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor -trailers will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the Owner's expense. Section 1 l . Si ins. No "For Sale" signs or any other signs shall be permitted on any Lot or in the common areas without permission of the Board of Directors, except that a sign conforming to the New Hanover County Sign Ordinance may be displaced by Declarant on any Lot used by Declarant as a sale/rental office for the project so- long as Declarant owns any Lot in the Properties. Section 12. Water and Sewer Service. All Lot Owners shall be required to use water and sewer supplied by the Companies servicing the Properties for all household uses; a separate water system for the purpose of watering lawns, gardens and other outdoor uses shall be permitted without the consent of the Declarant, its successors and assigns. Section 13. Water and Sewer Taps. Declarant reserves the right to charge separate water and sewer tap fees for each Lot sold which fee will be paid directly to Declarant. ARTICLE VII STORMWATER MANAGEMENT Section 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030222, as issued by the Division of Water Quality under NCAC 2I-1.1000. 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 stonnwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alternation of the drainage as_ shown on the approved plans may not take place without the concurrence of the Division of Water Quality. Section 2. The maximum allowable built -upon area per lot is 4,500 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, strictures, asphal t,. concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. Section 3. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain f6ward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. ARTICLE VI1I ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Except as provided in Section 2 below, annexation of additional property shall require the assent of two-thirds (2/3) of the members at a meeting duly called for these purposes, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (00) days in advance of the meeting.... Section 2. Ifthe Declarant, its successors or assigns, shall develop all or any lands adjoining the Properties, said additional tract or any portio►i.thercof may be annexed to said Properties without the assent of the members, provided, however, the development of the additional Properties permits only single ramiiy dwellings or no more than one to four fami ly dwell ings. Annexation provided for in this section shall become effective upon the Cling by the Declarant of a Supplemental or Amended Declaration in the Office of the Register of Deeds of New Hanover County. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions ofthis Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which r. time they shall be automatically extended for successive periods often (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal I•Iousing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, andamendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this / "�` day of 2003. BILL CLARK HOMES OF WILMINGTON, L.L.C. Declarant Manager BY: / . Manager ,STATE Oh NORTH CAROLINA COUN'rY Or NEW HANOVER 1, a Notary Public in and for the State and County aforesaid, do hereby certify that �L2nne. and�ou (GL1i� ,Managers ofBILL CLARK HOMES OF WILMINGTON, L.L.C., •rsonally appeared before me this day and acLnowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and seal, this the / J day of Au`IUSj- 2003 1_j— zd & w � � � Z_x �ea My Comm. Exp:Notary Public Ot�PCt1{L BFAL DEi:atJlN tA0CK14000 Notarryy POW - North Carol[na NEW NMKKR COUNTY My Commh6oa Expires 9 Yi STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 May 13, 2003 NCDENR AT'I-N: Laurie Munn 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Crown Ridge at Tidalholm New Hanover County Stormwater Project No. S WS 030222 Dear Laurie, "['his letter is in response to your email request for additional information for the aforementioned project dated May 12, 2003, The Supplements have been revised to reflect the 2" Design Storm, Design Volume and Drawdown Time. The top elevation for Basin 1 A matches the ca[culationS. The 25 year-24 houl- storm storage calculations are provided along with the infiltration volumes for [lie first 24 hours. I'age 3 of the silpplements has been revised to show the proper clean - Out depth as will as a description oi' how the Clean -out depth will be determined. We hope these changes satisfy your concerns with the project. If you have any questions, please call or email me at psnoddy a stroudenginecr.com. Thank You, C. Patrick Snoddy, E.I. Stroud Engineering, P.A. altachmcnts Pile: PamasterlPw??Oh�'polnurnni.u'pd 107 COMMERCE ST. HESTRON PLAZA TWO SUITE 6 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NG 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247.7479 O� � o A LJV�IJL.lD 1J��f.,--�1L7 STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NC 27858 r (252) 756-9352 TO NC la ;XP WE ARE SENDING YOU © Attached 0 Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans • Copy of letter ❑ Change order ❑ o 6 0 3 jog Z -NTiO /1-fvNN �4r ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 5 6 0'S PL 3 Z 5 6 Lb j V L't t ows Z AP,7/-tc--tmo?,j Z -50 P PG r��rrfnrr THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment 17 ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS 61g-e, 0 7`rS COPY TO SIGNED: _ If enclosures are not as noted, kindly notify us at once. STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910)815-0775 May 6, 2003 NCDENR ATTN: Laurie Munn 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Crown Ridge at Tidalholm New Hanover County Stormwater Project No. SW8 030222 Dear Laurie. RECEIVED MAY 0 U 2 0003 DWQ PROD # 197 0 30 2Z?/ This letter is in response to your email request for additional information for the aforementioned project dated May 5, 2003. The application has been changed to show the increase in area for Basin I B. A revised delineation map is included with this letter. The supplements have been revised to include 25 yr Design Storm. Design Volume and Drawdown Time for the 25-year storm. 'file storage elevation for Basin 1 B matches the calculations. The State Storage Depth and State Storage Elevation are now the same as tlae 25-year Storm Stage and Pond Elevation. The 25- year storage has been calculated using the Ncw Hanover County stormwater ordinance which takes into consideration percentage of impervious area, soil type, precipitation, initial abstraction and land use. These factors reduce the required volume to those shown in the calculations. The NCDENR method of calculating storage would indicate that there is not adequate storage. However, we feel the countY method reflects the site characteristics more realistically than tlae NCDENR method which only considers impervious area. We hope these changes satisfy your concerns with the project. If' you have any questions, please call or email nae at psnoddy cc strotide►igineer.com. Thank You, �i?� raoll�nl�, C. Patrick Snoddy, E.I. Stroud Engineering, P.A. }P7 ERCE ST HESTRON PLAZA TWO a u i tE 3961-A MARKET ST. 151-A HWY. 24 ll �/iiiiiiiii2 "�� WILMINGTON. NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 (J tlL -'OM 13319YJ 111110 w 1 tj 31• ,,G- Crown Ridge at Tidalholm Subject: Crown Ridge at Tidalholm Date: Mon, 05 May 2003 14:18:37 -0400 From: Laurie Munn <Laurie.Munn@ncmai1.net> Organization: DWQ Wilmington Regional Office To: psnoddy@stroudengineer.com Pat, I got your revisions on May 1, 2003. I have a couple of comments before we can finish this up. 1. Change the drainage area for Infiltration Basin 1B on the application. 2. Revise the delineation map to show the additional drainage into 1B. The map that I received does not reflect this area. 3. On the supplement, the Basin Storage Elevation was changed to the 25-year storm level. Also change the Design Storm, Design Volume, and Drawdown Time to the correct information for the 25-year storm. This is now your design storm if you are not going to provide bypass. 4. The Storage Elevation on Basin 1B does not match the calculations. 5. on the calculations, the State Storage Depth and State Storage Pond Elevation should be the same as the 25 YR Storm Stage and Pond Elevation. 6. on the calculations, change the area where you calculate the required storage volume to show the required volume for the 25-year storm. Your previous calculations show the 25-year, 24-hour storm as being 8.15 inches. By my calculations, you currently do not have enough storage to hold the 25-year storm at Basins 1B, 2, and 3. / 7. Please send an original stamped calculation package, not a copy.. n/ Please call me if you have any questions at all. I will be here until 4 today, and in at 7 tomorrow morning. Thanks, Laurie 1 of 1 5/5/2003 2:24 PM STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 615-0775 May 1, 2003 NCDENR ATTN: Laurie Munn 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Crown Ridge at Tidalholm New Hanover County Stormwater Project No. SW8 030222 Dear Laurie, RECEIVED MAY014 2,O3 DWO 3 �— PRaJ # u% This letter is in response to your request for additional information for the aforementioned project dated April 23, 2003. The offsite drainage is now accounted for in the area for Basin 111, Both the map and calculations reflect this change. Spot elevations have been added to the entrance to clarify the drainage confusion. A seeding schedule is shown on the detail sheet. No 6:1 shelf is to be provided in the basins as there is no permanent pool. The suppiements for Basins 2 and a are consistent with the calculations. A copy of the proposed deed restrictions is included with this letter. The basins are designed to satisfy the New Hanover County 25 year storm guideline. As such, the state storage level has been raised to the 25 yr elevation. We hope this information satisfies your concerns regarding this project. If you have any questions, please call or email me at psnoddy a stroudengincer.com. Thank YOU, C/am`(_ C. Patrick Snoddy, E.I. Stroud Engineering, P.A. ill MCI]Ill C nis I-iy0f:&VqMit tpdhmmn.�tipd HESTRON PLAZA TWO SUITE B 3961-A MARKET ST. 151-A HWY. 24 GREENVILLE. NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NC 27858 ILINVU[212 @[� 4 o [�]@WUCTUMIL (252) 755-9352 TO NC DEN tZ Ws4 r f7 iZZ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE /J 3 U Og �f JO�. hlo iK[� ATTENTI N Liu u RE: 612o c,-J N ZI �>c ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION S f a 1 31 0 5u� LI7/�1 Cav Z � i a3 �c.Gu aN THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment © FOR BIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections REMARKS CA�_<- 4-�'I C-Dy Mzm C Y3 5 - ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: <0 �2 T_wy� If enclosures are not as noted, kindly notify us at once. MEMORANDUM DIVISION OF WATER QUALITY TO: File FROM: Laurie Munn THROUGH: DATE: April 29, 2003. PROJECT NAME: Crown Ridge at Tidalholm PROJECT NO.: SW8 030222 COUNTY: New Hanover On April 29, 2003, 8:30 a.m., Vincent Lewis and 1 met Mr. Jimmy Fentress on site to do a soils investigation. The results are as follows: Site 1 A: The water table is approximately 2' deep. The infiltration basin is at the surface and will be bermed up. The soil is course sand. The area is suitable for infiltration. Site 113: This area is adjacent to Basin IA, only separated by a berm. The water table is approximately 2' deep. The infiltration basin is at the surface and will be bermed up. The soil is course sand. The area is suitable for infiltration. Site 2: The soils remain sandy in this area. The basin will be excavated approximately 1 foot. A clearing of 3 feet is needed. Vincent drilled down 40" and was still okay. The area is suitable for infiltration. Site 3: The soils remain sandy in this area. The basin will be excavated approximately 1 foot. A clearing of 3 feet is needed. Vincent drilled down over 3 feet and was still okay. The area is suitable for infiltration. S:1WQSISTORM WATIMEMOS1030222.memo. apr03 t STROUD ENGINEERING, P.A. - 107 B Commerce Street GREENVILLE, NC 27858 L RUVIEN ®U o LJV�LJLILJ� LJ LJWL� (252)756-9352 TO NCyFN i _ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ PATE ATTENTION K r aE: !r the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 2 1 3 f u3 s'w a Z- Z f7 03 ccv o-r r S. Z Z 1 o 2Q0*e' THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution © As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. � � Y a �. � � r r, �� ._ 4 , t. _ � � use �_ M'ti a, '.... r ., ' � � i ' ' e _ • .. 1 STROUD ENGINEERING, P.A. 107 B Commerce Street GREENVILLE, NC 27858 ►o Srs-ate TO NCD1N(2 _ _ f1L6 to 'ftE2 QViiLlT/ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ ILEVUEEOLJ IJ�.I�LAJLJU��1�--.JL DAT[ Z t7 0 JOB NO. ��'�► ► zzo ATT[NTIO / L4NA wt RE: 2 ► vr. I�� the following items: ❑ Samples ❑ Specifications COPIES I DATE NO. DESCRIPTION 2 9 0-5 soiLS f2s��oeT THESE ARE TRANSMITTED as checked below: ❑ For approval © For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted I❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: If enclosures are not as noted, kindly notify as at once. -- i . ' � l � ti �S .. ' 4 i � , i..1 .ii � 'e r 1(. 9-� a S: �1 f . ^' E 1 '' �ti . _ STATE OF NORTH CAROLINA 1 1 DECLARATI 1 ChNnlTiON COUNTY OF NEW HANOVER 1: CROWN RIDGE AT TIDALHOLM ; i , � 11 �: � i a '��• THIS DECLARATION, made the I' ciay,of '{�J;l 2003,.by Bill Clark Homes �[ r Eof Wilmington, L. L. C., hereinafter refer-c'd to us Declarant". i W IiT`N;•E S' S:,E T{H.. is �• �l,I•.i WHEREAS, Declarant is the Owner ofi'ccrfain property in New Hanover County, North Carolina, which is more particularly. described as followg:;, 'q`i BEING all of Crown Ridge at Tidalholni,'Subdivision as the same is shown on the plat thereof recorded in Map Book at Paged , ',.in Itle office of the Register of Deeds of New Hanover County, North Carolina, to which', plat, reference is hereby made for a more particular description. NOW, THEREFORE-, Declarant hcreby.declares that all of the properties described above shall be held, sold and conveyed subject to the following casements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Crown Ridge at Tidalholm HomeOwner's Association, Inc., a North Carolina non-profit corporation. Section 2. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is'a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. i Section 4. "Common Area" shall mean all property including improvements thereto owned by the Association for the common use and ehjoyment of,the Owners. The Common Area to be owned by the Association at the time of ;the co'nveyance ;of the first Lot shall be all streets, the retention pond, and all of the area designated as,"common of on the plat of Section 4, Tidalholm Village. i Section 5. "Lot" shall mean and rcfer .lo any :plat of -land shown upon any recorded subdivision map of the Properties with the exception of the Common Area, Section 6. "Declarant" shall mean'a'nd.r6fer to Bill IClark Homes of Wilmington, L. L. C., j its successors and assigns if such successors or a'ssigns.should acquire more than one undeveloped .. ,. .. wt l'i.i: :k•'. C!,,, Lot from the Declarant for the purpose of developmerit. CARTICLEill•",',' 1 1 14Y RIGLITS Section 1. Owners' Easements of Entoynment >;vcry 1, i Y Owner shall have a right and casement ' of enjoyment in and to the Common Area,which shall be appurtenant to and shall pass with the title -to every Lot, subject to the following provisions ' � � ., ' (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility'.situated upon the Common Area; p i; t;,la (b) the right of the Association to sus pend'the voting rights and right to use of the recreational facilities by an;Owner for an'y period during which any assessment against his Lot remains unpaid;''a,. fora period not to exceed sixty (60) days for any infraction of its published rules and rCgulations; (c) the right of the Association to,dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has.been recorded. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot which is subject to assessment. f Section 2. The Association shall have two classes` of voting membership: Class A. Class A members shall be' all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. Whcn more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one'vote be case with respect to any Lot. �. Class B. The Class B member(s)'shall bathe Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B;m'c mbcrship, shall cease and be converted to Class A membership on the happening of either ofithc'following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or I- 0. i (b) on May 31, 2006. ARTICLE IV, .. �' 1 ti , l'.i ,; � . • 1.. COVENANT FOR MAINTENANCE;ASSESSMENTS �G Section 1. Creation of the Lien and.PersonaI Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby co'Lenaiits,tand each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be expressed'in such deed, is deemed to covenant and agree to pay to the Association: (1) annuat and (2) special assessments for capital improvements, such assessments to be established Arid collected as hereinafter provided. The annual and special assessments, togetherjwilh interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing. lien upon the property against which each such assessment is made. Each such assessment, togeth&with interest, costs, and reasonable attorney's ': di fees, shall also be the personal obligation of the p'erson•who was the Owner of such property at the 1. time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety,'and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area. Section 3. Maximum Annual Assessment. Until January 1 of Ahe year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Dollars ($_ per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the.membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased by five percent (5%) by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may Fix the anmial assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in..whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; provided that any such assessment shall have the assent of two-thirds (2/3) of the votes ofeach class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouorum for Anv Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance . r 3 i ,1 f is r of the meeting. At the first such meeting"called; the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of ine'mbership shall constitute a quorum. If the required quorum is not present, anothcrimecting may be called subject to the same notice 'requirement, and the required quorum at tlie, subsequent! meeting shall be one-half (1/2) of the I � of n.l+i ;e.. {required quorum at the preceding meetinsuclf'subsequent meeting shall be held more than ,rr ? i ';sixt 60 days the recedin meetin Y ( ) Y g p g� .. : 1 Section 6. Uniform Rate ofAssessmcnt.;Both anual and special assessments must be fixed ,at a uniform rate for all Lots and may be collecidd-o''Wa monthly basis. Section 7. Date of Commencement,of'AnnualllAssessments: Duc Dates. The annual assessments provided for herein shall commence as to "a' ll Lots on the first day of the month. following the conveyance of the Commoe.'Area,� The first annual assessment shall be adjusted according to the number of months remaining'in the dalchdared year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the' annual. assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, °fiunish ;a`icertificate signed by an officer of the Association setting forth whether the assessments on'a specified Lot have been paid. A properly execute certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section S. Effect of Nonpayment of Assessments: Remedies ofthe Association. Any assessment not paid within thirty (30) days after tlic due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action'at law against the Owner personally obligated to pay the same, or foreclose the line against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment line. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu therefore, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 'ARTICLE V ARCHITECTURAL CONTROL Section 1. Developer's Rights. All ditties and responsibilities conferred upon the Architectural Control Committee by this -Declaration or the Bylaws of the Association shall be exercised and performed by the Declarantor its Designee, so long as Declarant shall own any lot i'n the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration. 1 I' Section 2. Building and Site Improvements. No dwelling, fence, wall or other structure shall be commenced, erected, or maintained upon any Lot in the Properties, nor shall any exterior addition to or change or alteration therein be made uhtil theplans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall Have been submitted to and approved in I writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) i� or -more representatives appointed by the'.I36ard, ,Jnrthe event the Declarant, or its designee, or, if l �• applicable, the Board or its designated conirriittce fails to, approve or disapprove such design and �location within thirty (30) days after said"plans`and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal of approval of any such plans, locatiori or specification may be based upon any ground, 'Including purely aesthetic and environmental corsiderations, that in the sole and uncontrolled discretion of the Declarant or Architectural Control Committee shall seem sufficient. One copy of all plans and related data shall be furnished to,the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects i6 plans or specifications submitted to it or any structure erected according to such plans'and specifications. Section 3. Approval of Plans. (a) No house plans will be approved unless the proposed house shall have a minimum of square feet of enclosed dwelling area. The -term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling, provided, however, that such term does not include garages, terraces, decks, open porches, and like areas-, provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". (b) Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case maybe. Provided, however, that no dwellings shall be constructed closer than ten (10) feet to an adjoining property line. (c) The exterior and landscaping of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency or natural calamities. (d) No stricture shall be erected, altered placed or permitted to remain on any Lot, except one (1) single family dwelling not to exceed two (2) stories in height, unless the Declarant or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two (2) stories, and one or more small accessory buildings (which may include a detached private garage, servants quarters, or guest facilities) provided the use of such dwelling o�accessorybuilding does not in the opinion of the Declarant or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building. (e) All service utilities, fuel tanks, clothes lines, wood piles and trash and garbage accumulations are to be enclosed within a'fencc, wall or plant screen of a type and size approved 5 I' ii � i - 'lI •i i'pl I ' by the Declarant or the Architectural Control Coinmittce; so as to preclude the same from causing an unsightly view from any highway, strector way within the subdivision, or from any other 4 E 'residence within the subdivision. All mail boxes shall be uniform in design. Design for mailboxes shall be furnished by Declarant. Off street parking for not lessithan two (2) pas'senger automobiles must be provided on i each Lot prior to the occupancy of any dwelling,construeted on said Lot, which parking areas and the driveways thereto shall be constnicted of concrete, brick, asphalt, or turfstone. ' Section 4. Maintenance by Association. ;The Association at its expense shall be responsible for maintaining, repairing and replacing all`-ufility''and d'ra'inagc lines and pipes which are located on the properties, except those located wiihin.individual Lots. The Association shall have the right to go onto the Lots at reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage lines and pipes which might be located on such Lots; and each Owner hereby grants permission to the Association to onter his'Lot for sticli purposes. In the event that the need for maintenance, repair;�or replacement (other than said being caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircafts, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage insurance Policiesj is caused through the',willful, or negligent act of j the Owner, his family, guests or invitees, the'cost of such maintenance, replacement, or repairs shall be added to and become a part of the assessment to ,which such Lot is subject. ARTICLE VI USE RESTRICTIONS Section 1. Land Use and Building Type. No Lot in Crown Ridge at Tidalholm Subdivision shall be used except for residential purposes, provided however, this shall not prevent the Declarant from constructing models or sales offices within the subdivision and from operating offices for the purpose of sales and other related activities from said model or office. All Lots (herein referred to as "single family lots") in Crown Ridge at Tidalholm Subdivision, shall be restricted forconstruction of single family dwellings only. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article.V1I of this Declaration relating to architectural control. Different Land Use Restrictions and Architectural Control Guide Lines may be established , for adjoining properties to be developed by Declarant. Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on such Lot which would tend to substantially decrease the beauty of the neighborhood area as a whole or the specific area. Section 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty (30) days' notice from the Architectural Control Committee, the Association or its designee shall enter upon such lands and remove the sameat the expense of the Owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and such amounts shall be due and payablc'within thirty (30) days after -the Owner " is'billed therefor. Such lien shall be enforceable by.Coutt proceedings as provided by law for ,r enforcement of liens. Section 4. Temporary Structures. No structure ofp temporary character, trailer, basement, j tent, shack, garage, barn or other outbuilding shall be used'orI any Lot any time as a residence either f temporarily or permanently. 1' Section 5. Recreational Vchicles.T NoIboat, motorboat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to -remain on any Lot at any time, unless by consent of the Association or its designee. Section 6. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept,6r maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed. Section 7. Outside Antennas. No outside radio or television antennas shall be erected on any Lot or dwelling unit within the Properties unless and until permission for the same has been r granted by the Board of Directors of the Association or its Architectural Control Committee. Section 8. Window Coverines. All drapes, curtains or other similar materials hung at windows, or in any manner as to be visible from the outside, of any building erected upon any Lot shall be a white or neutral background material. Section 9. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white, or non -frost lights or bulbs. Section 10. Junk Vehicles and Tractor -Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor -trailers will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the Owner's expense. Section 11. Signs. No "For Sale" signs or any other signs shall be permitted on any Lot or in the common areas without permission of the Board of Directors, except that a sign conforming to the New Hanover County Sign Ordinance may, be displaced by Declarant on any Lot used by Declarant as a sale/rental office for the project so long as Declarant owns any Lot in the Properties. Section 12. Water and Sewer Service., All Lot Owners shall be required to use water and sewer supplied by the Companies servicing the Properties for all household uses; a separate water system for the purpose of watering lawns, gardens and other,outdoor uses shall be permitted without the consent of the Declarant, its successors and assigns. ; Section 13, Water and Sewer raps. Declarant reserves the right to charge separate water and sewer tap fees for each Lot sold which fee will be paid directly to Declarant. ARfICLE VIt STORMWATER MANAGEMENT Section 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number S W8 030222, as issued by the Division of Water Quality I tinder NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the cxtcnt necessary to maintain compliance NWh4he stormwater management permit_ These covenants jal l' I arc to run with the land and be binding onl!all persons and parties claiming under them, The r• .. covenants pertaining to stormwater may`'not'.bc chaiiged'.or deleted without the express written consent of the State of North Carolina, Division of Water Quality. Alternation of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. Section 2. The maximum allowable'buiIt- upon area per lot is 4,500 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. Section 3. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot. runoff and directing them into the storm water system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. ARTICLE VIII ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Except as provided in Section 2 below, annexation of additional property shall require the assent of two-thirds (2/3) of the members at a meeting duly called for these purposes, written notice ofwhich shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 2. If the Declarant, its successors or assigns, shall develop all or any lands adjoining the Properties, said additional tractor any portion thereof maybe annexed to said Properties without the assent of the members, provided, however, the development of the additional Properties permits only single family dwellings or no more than one to'four family dwellings. Annexation provided for in this section shall become effective upon the.filing by the Declarant of a Supplemental or Amended Declaration in the Office of the Register of Deeds of New Hanover County. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, A restrictions, *conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a;waiver of the right to do so thereafter. . Section 2. Severability. Invalidation'of any one of these covenants or restrictions by i f r, \, Judgment or court order shall in no wise affect any other provisions which shall remain in full force 'and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with E ' aiid bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after � .�.., "."Miich time they shall be automatically.extended,foc.:succe'ssive periods of ten (10) years. This Declaration maybe amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. Section 4. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans. Administration: Annexation ofadditional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 2003. BILL CLARK HOMES OF WILMINGTON, L.L.C. Declarant IIn BY: manager manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, a Notary Public in and for the State and County aforesaid, do hereby certify that and , Managers ofBILL CLARK HOMES OF WILMINGTON, L.L.C., personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and seal, this the day of , 2003. My Comm. Exp: Notary Public 9