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HomeMy WebLinkAboutSW8160310_Current Permit_20210323ROY COOPER Govemar DIONNE DELLI-GATTI. secrew y BRUW WRENN Director March 23, 2021 NORTH CAROLI:NA Emrkwowntal Quality KKayhe's Cove Property Owners Association, Inc. Attn. Edward Clark, President PO Box 12051 Wilmington, NC 28403 Subject: Permit Transfer under NCGS 143-214.7(c2) and Inspection report State Stor>luwater Management Permit No. SW8160310 Kaylie'ss Cove New Hanover County Dear Mr. Clark: On May 5, 2020, the Wilmington Regional Office received the initial request to transfer the ownership of the subject state stormwater management permit under the provisions of 15A NCAC 021FL 1045(1)(b) and NCGS 143- 214.7(c2). The current permittee has attested that the requirements of N.C.G.S. 143-214.7(c2) Have been met. Since then, the site has been inspected by DEMLR staff twice, once on September 1, 2020 and again on February 17, 2021, the available documentation has been reviewed, and it has been determined that the project is currently in compliance with the terms and conditions of the state stormwater permit. Please reference the attached inspectioii report. By signing the Name/Ownership Transfer form and the Operation and Maintenance Agreement, you have accepted the responsibility for complying with the terms and conditions outlined in this permit, including the correction of the deficiencies outlined in the inspection report. The Division is hereby notifying. you that the subject permit has been transferred on March 23, 2021. A copy of the transferred and updated permit and associated documents are enclosed. Please note that this transferred, updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of your obligations under the permit and includes a condition to bring this project into compliance. This permit shall be effective from the date of issuance until August 16, 2024. The project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources D-- 1E 0,': Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 rioFini �uwt 910.796.7215 State Stormwater Permit No. SWS 160310 Page 2 of 2 If you have any questions or need additional copies of documents, please contact Steve Pusey in the Wilmington Regional Office, at (910) 796-7215 or steven.pusey@ncdenr..gov. Sincerely, F r Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Blank Designer Certification forms Attachment B — Built -Upon Area Allocations Attachment C — Permitting History copy of the Permit Transfer Application Form COPY of the signed and approved Operation & Maintenance Agreement copy of the certifications copy of the latest inspection report DES/sgp: 111S1t0rmwater\Permi1ts & Pmiecis\2016\160310 HD\2021 03 permit 160310 cc: Derek Jarrett, Premier Management, LLC Jimmy Fentress, PE — Stroud Engineering Wilmington Regional Office Stormwater File D. �: North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 2W5 State Stormwater Management Systems Permit No. SW8 160310 MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Kaylie's Cove Property Owners Association, Inc. Kaylies Cove (formerly Piner Run) 902 Piner Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of four (4) wet detention ponds ("stormwater control measures" or "SCMs") in compliance with the provisions of 15A NCAC 2H .1000 effective January 1, 2017 and Session Law 2008-211 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans, application, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until August 16, 2024 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. The subdivision is permitted for 110 lots, each allowed a maximum built -upon area (BUA) as shown in Attachment B - "Built -upon Area Allocations." 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 of this permit and per approved plans. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control measures. The stormwater control measures labeled Pond A, Pond B, Pond C, and Pond D have been designed to handle the runoff from 210,409; 165,692; 91,527, and 180,974 square feet of built -upon area, respectively. 4. The maximum BUA allowed for the entire subdivision is 648,602 square feet. 5. The drainage areas will be limited to the amounts of built -upon area indicated in Sections 1.3 and 1.8 of this permit, and per approved plans. The total built -upon area allocated for future development is 10,500 square feet and is included in the total above. Page 1 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 6. A 50' wide vegetative buffer must be provided and maintained adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. 7. All runoff being directed into wetlands shall flow into and through those wetlands at a non -erosive velocity. 8. The following design criteria have been permitted for the wet detention ponds and it must be provided and maintained at the design condition. A B C D a. Drainage Area, acres: 9.48 8.37 4.29 7.75 Onsite, ft2: 412,967 364,632 186,659 337,583 Offsite, ft2-0 0 0 0 b. Total Impervious Surfaces, ft2: 210,409 1 165,692 91,527 180,974 Onsite, ft2: 210,409 165,692 91,527 180,974 Offsite, ft2: 0 0 0 0 c. Average Pond Design Depth, feet: 4.0 4.5 4.0 3.5 d. TSS Removal Efficiency: 85% 85% 85% 85% e. Design Storm, inches: 1.5 1.5 1.5 1.5 f. Permanent Pool (PP) Elevation, FMSL: 21.00 19.00 20.00 19.50 g. Permitted PP Surface Area, ft2. 26,410 23,513 10,242 17,669 h. Temporary Storage Elevation, FMSL: 21.98 19.88 20.96 20.69 i. Permitted Storage Volume, ft3: 26,253 20,920 11,464 22,470 j. Predevelopment 1 yr-24 hr. discharge rate, cfs: 0.31 0.28 0.14 0.26 k. Controlling Orifice, inch 0 pipe: 2.50 2.50 2.00 2.50 I. Orifice Flow Rate, cfs: 0.09 0.09 0.06 0.1 m. PP Volume, ft3: (main pond) 75,578 77,152 21,452 42,728 n. Forebay Volume, ft3: 14,587 15,339 3,695 6,645 o. Maximum Fountain Horsepower: 1/4 1/4 N/A 1/6 p. Receiving Stream/River Basin: Mott Creek/ Cape Fear q. Stream Index Number: 18-82 r. Classification of Water Body: C; 5W II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 3. The following deed restrictions and protective covenants related to stormwater management have been recorded with the New Hanover County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW$ 160310, as issued by the Division of Energy, Mineral and Land Resources 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 Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot will be allocated as shown in Attachment B - "Built -upon Area Allocations." g. 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. h. 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 pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. i. Built -upon area in excess of the permitted amount will require a permit modification. j. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. k. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. 4. 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 contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 5. If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to incorporate such language as required by the Division. The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 6. The permittee shall review all lot plans for new construction and any subsequent modifications and additions, for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. 7. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 8. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 9. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 10. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is as shown in Section 1.8. Pond C is not permitted to have a fountain because its permanent pool is too small. 11. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to be submitted, certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 12. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 13. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 14. All stormwater collection and treatment systems must be located in either public rights - of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such rights -of -way, common areas and easements, in accordance with the approved plans. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. 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) having jurisdiction. 3. In the event that the facilities fail to perform satisfactorily 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. Additional or replacement stormwater management systems shall receive a permit from the Division prior to construction. Page 5 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 4. The permittee grants DEMLR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 5. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however; these actions do not stay any permit conditions. 6. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 7. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2), d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14- 05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; 8. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 9. Approved plans, calculations, supplement forms, operation and maintenance agreements and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 10. Unless specified elsewhere, permanent seeding requirements for the stormwater control measure must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 12. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Page 6 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD Permit transferred, updated, and reissued this the 23rd day of March 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 160310 MOD Page 7 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Ce,*:`- " • As -Built Designer's Ce Pond Project '.. a Sa � s�P A separate certification is requi J%...IVI. '. f he) a blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Systems Permit No. SW8 160310 MOD AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM ❑Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature. I, , a Notary Public in the State of County of personally appeared before me this 20 do hereby certify that day of and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Perm lee' s �eit ication G7LyAV .1042(4) I In 7 I {iGIPm.rOvided ' 1'�raT,n N/A A. DEED RESTRICTIONS ! SUA RECORDS � Theaeed restrictions an protective covenants have been Y or N recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater re ulations and with the permit conditions. copy of the recorded ee restrictions and protective Y or N covenants has been provided to the Division. 3. Records which track the BUA on each of are being kept.(See Y or N Note 1 B. MAINTENANCE ACCESS 1. e SCMs are accessible for inspection, maintenance and Y or N repair. 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. e SCMs and the components of the runoff collection conveyance system are located in recorded drainage Y or N easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SlNG"EXE FAM L Y RESIDENTIAL LOTS - Plats for residential lots that have an St'M in iude the following: Y or N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N note that the SCM is required -to- —meet stormwater regulations and that the lot owner is subject to enforcement action as set Y N forth in NCGS 143 Article 2'i if the SCM is removed, relocated or or altered without prior approval. E. OPERAVON AND RRAINTENANC-E AGRFFMENT Y or N Page 1 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. e O&M Agreement is recorded with the Register of Deeds Y N and appears in the chain of title. or F. y ru_ ►y_Njj mom► — rwainterance records are being kept in a known set location for each SCM and are Y or N aflaa le for mvi . I(MG K — has been provided to thte Y N Division. Note1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 10 a I7Z1--i M k, I:I:WKS; I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project names( above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, Plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent'of the stormwater rules and statutes has been preserved. ❑ Check here if this is a partial certification. Section/phase/SCM ec c ere it this is apart of a Fast -Track As -Built Package Submittal per. 1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number City/State/ZIP Phone Number Consultant's Email address: Signature. _Date Consultant's Mailing Address: iD Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Pagge 2. ME = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project. CvnuK, ns Certifzit on NCAC .103((3) & Genera! MOC ��A _b ,ilt MN1 ! + /A .1 U50 E A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas an or existing BUA is Y or N bypassed. 4. Runoff from offsite areas and/or existing BUA is Y or N directed into the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite Y or N permitted SCM that meets the requirements of the MDC. 6. e net area of new BUA increase for an existing Y or N project has been accounted for at the appropriate design storm level. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 7. The s meets all the specific minimum design Y or N criteria._ B. VEGETATED SETBACKS t BUA e width of the vegetated setback as been Y or N measured from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. e vegetate set ac is maintained in grass or Y or N other ve etation. that meets the requirements of NCGS 143- Y or N 214.7 b2 2 is located in the setback. 4. BIJA that does not meet the requirements of NCGS Y or N 143-214.7 (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is Y or N released at the edge of the setback and allowed to flow through the setback as dispersed flow. QAs-built aft � � OWA . — the peak flow from the 10 yeer sta�fm with no doer n lupe I Y or N� erosion. D. VARIATIONS ! variation (alternative rom the stormwater rue Y N rovisions has been implemented. or e variation provides equal or better stormwater control and equal or better protection of surface Y or N waters. E. COMPLIANCE WffH OTHER REGULATORY PROGRAMS has been met. Y or N -the volume of the SCM tMvirs i 1e nino from all surfaces into accourd and is sufficient to handle the Y or N muffed storm g2pth.. iL. ONTJ t ICTE[matinngg s are riot Y or N located in or on areas with contamil�ated soils. H. SIDE SLOPES _ 1. Vegetated side slopes are no steeper than 3H-.1 V. Y or N 2. Side slopes include retaining walls, ga ion walls, or Y or N other surfaces that are steeper than 31-1:1 V. 3. Vegetated side slopes are steeper than Y or N (provide supporting documents for soils and vegetation). 1. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. e outlet does not cause erosion downslope o t e Y or N discharge point during the peak flow from the 10 year storm. overflow r by-pass -has been provided. Y or N K. UEWA RING —A me-rnon to r��wn sfi ing ! Y or N water hay been provided to facilitate maintenance and € ins. ,ec6un. iF —the as Y or Nbeen cie'.,aread out and converted to its approved design state. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD M. MAINTE NAWCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. e access does not include lateral or incline slopes Y or N >3:1. � I, r Chapte PERMfT� The d arwr r kensed u Y or N 89A. 89C 89E or W- of the General =Wks. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below. Attach additional pages as needed: Page 5 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certi y my Signature an sea a ow, that I have observed the construction of the project name above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section/phase/SCM ec c here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration Number Date Consultant's Mailing Address: City/State/ZI P Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 ON/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Consu7tant's Certiification (MDC .1053) oAs-buj!,1 QN/E GN/A A. Fore"y I De " / Four twin e available Sediment storage is consistent wit t o Y N approved Ian and is a minimum of 6 in. or 2. Water ow over the ore ayy erm into the main pondY or N occurs at a non -erosive veloci 3. e prove a Forebay Volt ime is o- o of the Y or N main pool volume. 4. The Forebay entrance elevation is deeper than the Y N exit elevation into the pond. or 5. e Average Design Depth of the main pond below the permanent pool elevation is consistent with the Y or N permitted value? 6. Fountain documentation is provided. Y or N B. Side sloppA I Banks / Veaebted Shelf 1. e width ot the Vegetated Shelfis consistent with Y or N the approved plans and is a minimum of 6 feet. 2. e slope of the Veg-efa-Fed Shelfis consistent withY N the approved plans and is no steeper than 6:1. or C. As4bui±t amain Pool I Areas / Volumes I Elevadons e permanent poo surface area provided is Y or N consistent with the permitted value. e emporarryyPool Volume provided is consistentY or N with the ermitted value. 3. e permanent pool elevation is consistent with the Y N permitted value. or Page 6 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 4. e temporary pool elevation is consistent with the permitted value. Y or N CDAs-buitt 0N/E (DWA . Intets 1 t UUM ! Drraw mm 1. The design volume draws down in 2-5 days. Y or N 2. The size of the Orifice is consistent with the permitted value. Y or N 3. A trash rack is provided on the outlet structure. Y or N 4. Hydrologic impacts tot the receiving c nnel are minimized from the 1 yr 24 hr storm discharge? Y or N 5. e inlets and the outlet oca ion are situated per the approved plan and avoid short-circuiting. Y or N E. V etation e vegetated shelf as been planted with a minimum of 3 diverse species. Y or N 2. e vegetated sheshelt plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or no less than 24 inches on center. Y or N Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E" below. Attach additional pages as needed: Page 7 of 7 State Stormwater Management Systems Permit No. SW8 160310 Wet Pond A LOT # I BUA 1 4200 2 4200 3 4200 4 4200 5 4200 6 4200 7 4200 8 4200 9 4200 10 4200 11 4200 12 4200 13 4200 14 4200 15 4200 16 4200 17 4200 18 4200 19 4200 20 4200 21 4200 22 4200 23 4200 24 4200 25 4200 26 4200 27 4200 28 4200 72 4200 73 4200 74 4200 75 4200 76 4200 77 4200 78 4200 79 4200 TOTAL= 161200 Attachment B Built -upon Area Allocations LOT BUA TABLE—KAYL IES COVE Wet Pond B LOT # BUA 29 4200 30 4200 31. 4200 32 4200 33 4200 34 4200 35 4200 36 4200 37 4200 38 4200 39 4200 40 4200 41 4200 42 4200 43 4200 44 4200 45 4200 58 4200 59 4200 60 4200 61 4200 62 4200 63 4200 64 4200 65 4200 66 4200 67 4200 71 4200 TOTAL= 117600 Wet Pond C LOT # BUA 46 4100 47 4100 48 4100 49 4100 50 4100 51 4100 52 4100 53 4100 54 4100 55 4100 56 4100 57 4100 68 4100 69 4100 70 4100 TOTAL= 61500 Wet Pond D LOT # BUA 80 4100 81 4100 82 4100 83 4100 84 4100 85 4100 86 4100 87 4100 88 4100 89 4100 90 4100 91 4100 92 4100 93 4100 94 4100 95 4100 96 4100 97 4100 98 4100 99 4100 100 4100 101 4100 102 4100 103 4100 104 4100 105 4100 106 4100 107 4100 108 4100 109 4100 110 4100 TOTAL= 127100 Page 1 of 1 00 W Z3 4�, Ch to N o o C C � v Ch m o O O m [ O a a p d to0 j O0 w w O N O O lllppp��� (D rio D Z o N �, C N O n \ O in N 00 R CD CD CO m o o CDCD r-L w-h Q.. a' ., a p, =1 CL c CD CAD O CD 4 x m tz m o CD R a. oa "; C 13 cCo m coo ¢' fi,...� o 0 0o p �` P.o 0 Naa � oQ CD CD CD rz .,, �} D Co o p 2 q CCD g- 'rT 0 o o pw7 of F"h El m S. c�D -p O y C a a o 0. �*MCD o CD CD CD Co CD LA QQ p�dQ < co a CD 0 y0 CD CD R, m o �" o�� PD 3 a �• w CL �, OR CAD ' p, w O CD 0 h O N O D 0 o p. �, w CD a r' w+ O 0 �' o a' o o ° a A tz CD m c o ) o O v, .+, y (D CAD o o r' O CL Pi Pi 0 o w ,ago V O in Ito a'.. 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This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: httQ.11dea.napov/contact(re_ . al-offic, After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(fes), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 160310 2. Project name: KAYLIE'S COVE Is this an updated project name from the current permit? ® Yes ❑ No Permit is listed as PINER RUN 3. Reason for the permit transfer request: TURNOVER TO HOA Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORPr (select only one response below) (q) ❑ 1. Both the current and proposed permittees (y) ® 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked. - Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ® The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ® The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. f) ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked. ® a. The proposed permittee is either (select one of the following): ® The successor -owner whn holds title to the property on which the permitted activity is occurring or will occur; ® The successor -owner who is the sole claimant of the right to engage in the permitted activity. ® b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ® A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): c. The proposed permittee agrees to the following requirements (all must be selected): ® There will be no substantial change in the permitted activity. ® The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ® The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. A IV E m MAY 0 5Q BY:— — Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark " r to confirm the items are included with this form. Please mark "X" if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized .oplicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. Y 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. NIA 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed pern �iiiee is fie purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. MAY a 5 a20 Ay:_ Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sum to provide Email. 1. Current Permit Holder's Company Name/Organization: BILL CLARK HOMES OF WILMINGTON LLC 2. Signing Official's Name: EDWARD CLARK 3. Signing Official's Title: MANAGER 4. Mailing Address: 127 RACINE DRIVE SUITE 201 City: WILMINGTON State: NC ZIP: 28409 5. Street Address: 127 RACINE DRIVE SUITE 201 City: WILMINGTON State: NC —ZIP: 28409 6. Phone: 252) 814-1481 Email: LWEAVERCcD-BILLCLARKHOMES COM I, EDWARD CLARK , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. i hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved b�the DEM facility is in compliance with the permit. u s a the Signature: Date: 1kowsb sn ango r w tZ3,\�5 a Notary Public for the State of NCA -. okcr�\:cam , County of %o-,,)7\Q ,r)fnJ,- , do hereby certify that [—�wn,.d�yk 0 personally appeared before me this the obi day of �lp„rC� , 20 &0 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) SNO LDZ,4S�i'�� NRY vZZ Notary Signature: My commission expires \ ?��` ''�,yANOVEQ` �l�G61iLDbl�� MAY 0 2DE� BY•_ r Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ❑ Property owner (Also complete Part F.) ® Home Owners Association (HOA), Property Ownem Association (POA), Or Unit Uwner Association (UOA) (Also complete Part F.) ❑ Lessee- Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-pe�rmittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: ® HOA I POA I UOA name: KAYLIE'S COVE PROPERTY OWNERS ASSOCIATION INC. ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: EDWARD CLARK b. Signing Official's Title: PRESIDENT c. Mailing Address: PO BOX 12051 City: WILMINGTON State: NC ZIP: 28405 d. Street Address: 1985 EASTWOOD RD SUITE 202 City: WILMINGTON State: NC ZIP: 28403 e. Phone: (910) 679-3012 Email: DEREKO-)PREMIERMANAGEMENTNC COM 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: PREMIER MANAGEMENT. LLC__ b. Contact Name: DEREK JARRETT Title: PRESIDENT c. Mailing Address: PO BOX 12051 d. City: WILMINGTON State: NC ZIP: 28405 e. Phone: (910) 679-3012 Email: DEREK(6-PREMIERMANAGEMENTNC COM IV,. MAY 0 5 2020 , BY: Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I,EDWARD CLARK , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that i have received a copy of: (select all that apply): ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; I� past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; ® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. if checked, the proposed permittee must provide a written document statement, with a plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and. I will {construct), operate and maintain the approved stormwater management system pursuant to the remants listed ip t e perm' he operation and maintenance agreement. Signature: Date: I, 1 rae , AN Yi j , a Notary Public for the State of NcA*--� C! ox,6\ % County of L4- C) do hereby certify that _ Yc�vk awA W 0 �41(__ personally appeared before me this the day of 1"kCvCO A , 202'0, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires - `*s�`�,G•I �SHO��,� �Tq9� = s`z BUG 2� "94,0VER CGJ . MAY 0 5 Mu ,t BY: Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: Phone:(__) Email: State: ZIP : 1, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner Date: I , a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of my hand and official seal, (Notary Seal) Notary Signature My commission expires 20 , and acknowledge the due execution of the forgoing instrument. Witness `:,v b _ . MAY 0 5 2020 BY: Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Operation & Maintenance Agreement Project Name: Project Location: PINER RUN - SW8 160310 902 PINER ROAD - WILMINGTON Maintenance records shall be kept on the following BMP(s). This maintenance recoro snap be Kept in a iog in a Known set iocaao Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BINAP(s). The BMP(s) on this project include (check all that a pp,y is cc Bioretention Cell oua�N--N'v: Dry Detention Basin Qup'n-I y: Grassed Swale 'ia +tifiy: Green Roof Quertity. Infiltration Basin Quantity: , hl{ ,-raft,n Tr-3nS:'d Quantity: Quantity: }+�rrf j ai pav .: ;`a t Quantity: sir, fr?slary _ stem, Quantity: R&iwats, Quantity: Sand Flter Quantity: Stormwater Wetland Quantity: Basing Quantity: Disconnected Impervious Area Present: User Defined BMP Present: G& A tables will Locatio n(s): t.c-ation,$): L acali n(s): Location(s): Lricaiior.,$): a:�oratior�?s): Location(s). Locabon(s). _ccation(s): Lo;aftn(s): Location(s): ?_o^.ation(s): Lo:ationPs): I acknowledge and agree by my signature 'cv?oxr that I am rssncr:sibie for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. " Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: EDWARD HEATH CLARK President, e s ove Propert y Owners Association Inc. 1995 Eastwood ., Suite 202 Wilmina!on, NC 28403 ere premiermanagemen c.com CDate: �- a-ac�ac) e i;istary PUNIC br the State of S rrAk-\ Co,,Y ', n c` County of I %Z \X4CC\fkin r , do hearby certify that Uf\,aK- personally appeared before me this day of V\,,a yLe� and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, 4 SHOzMAYj z Seal oe® ����� My commission expires STORM-Ez 10mm1�� Version 1.4 Page 1 of 1 SUPPLEMENT-EZ FORM COVER PAGE KID g•1•u•. Please indicate the types, quantities and locations of SCMs that will be used on this project: Quantity I Location(s) Infiltration System Bioretention Cell 1 _ Wet Pond 4 Onsite, Stormwater Welland _ - - - ----- -- - - Permeable Pavement Sand Filter Rainwater Harvesting Green Roof Level Spreader -Filter Strip Disconnected Impervious SurfaceTreatment Swale ----•-------------------------------------- Dry Pond Designer Information for this project: Name and Title: David L Meniws, P.E. Stroud Engineering. PA- Organization.: Street address: - - - - 102-D Cinema Drive Wilmington, NC 28403 -- -- ---------- - 910-815-0775 --- ---- -_-- ----_ - Imenius(rgstroudengineer.com City, State, Zip: Phone number(s): Email: Des CAR �Zz \gip• �FESS/0 0 9 4X SEAL 9r ; • 35677 • e i f� flti GIN Signature of Designer 1 D 2-% 74 IF Date Applicant: Project Name: Kaylies Cove Address 902 Piner Road L I City ! Town Masonbono Township Company: ;Bill Cark Homes of Wilmin n, LLC Contact: Edward _H_Cis rk�Manager-_____ - — - -- --- - -A Mailing Address: ' 127 Racine Drive - - - -- _ - - City, State, Zip: — ; W 1aivinton, NC 28403 Phone number(s):— ----- -- -- - - Email: heath.clark bitldarkhomes.eom I certify, under penalty of law: that this Supplement-EZ form and all supporting Information were prepared under my direction or supervision; - that the information provided in the form is, to the best of my knowledge and belief, true, accurate, and complete; and - that the engineering plans, specifications, operation and maintenance agreements and other supporting information are consistent with the information provided here. I am aware that there are significant penalties for submitting false information including the possibility of fines and imprisonment for knowing violations as well as a report being made to my professional board. SCENE F BY. 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C�Ly n nK � ova mw>_;ga°��.a3'ao�mml 3�3no 'O$ 3pemp, mg3=®mg m D' aDS.= m 3-•>>m Co $m��3 m m CL m3m m o: �a?� maw Ymmmm�� m $ 3�•a• 8 a a• w S, m mg 'a a — Z v M m 3 ie m �g �q_ m �&L a 3 � m o � gv-�•� m gf.S m m m• m 0 3l C f m g m a m m iD pi I z 3 °• m n63 0 Uv m 03m �^ p m W 3 a33 D . =om =L g m om vn A a 9 m ��m ■ �0A:..J C g Q W a a a a. W w >•m ct m m ... N� 13 Na e 3 a y C i3. 3 m a Z N C m< g aWN pi o O !' a'•' 5 v�d .y b m M N fn f0 5 p �h M 54' m n A f �m �0 Z v Operation & Maintenance Agreement Project Name: Project Location: Kaylies Cove 902 Piner Roads New Hanover County Cover Page Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced :imnedia�L�;y. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & correspor Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: 4 Disconnected Impervious Area Present: No User Defined BMP Present: No O&M tables will t Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): e aaaea I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Edward H. Clark Manager, Bill Clark Homes of Wilmington, LLC 127 Racine Drive Wilmington, NC 28403 910-794-1501 heath.clark billclarkhomes.com Signature: Date: to oau - 19 � I, T C c M Shu\aLi �^� a Notary Public for the State of pryer C G vpA i QQL_ County of A t,_y \NCA"2!Q , do hearby certify that Q&«rXNX \V\ %P_ MV-_ personally appeared before me this alQ day of L� �e`tkDa_e and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, 7 -t4.1%1111a o�a,, z� PUav �® m� aoe 'BsA&y��® R �4, a+oVE it-, commission expires �4e=A- \'�y W �0 20V STORM-EZ 10/25/2018 Version 1.4 O&M Manual Page 1 of 3 Wet Detention Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: _ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetatPri shelf. _ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or otherwise damaged. Replace the pipe. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Nov 16 20% BY: STORM-Fl 10/25/2018 Version 1.4 O&M Manual Page 2 of 3 Wet Detention Pond Maintenance Requirements ('Continued) The fridin treatment area Sediment has accumulated to ISearch for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or beaver Use traps to remove muskrats and consult a professional to remove activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. Wet Detention Pond Design Summa WET POND ID FOREBAY MAIN POND A Permanent Pool El. 21 Permanent Pool El. 21 Temporary Pool El: 21.98 Temporary Pool El: 21.98 Pretreatment other No Clean Out Depth: 5 Clean Out Depth: 6 than forebay? Sediment Removal El: 16 Sediment Removal El: 15 Has Vag. Filter? No Bottom Elevation: 15 Bottom Elevation: 14 WET POND ID FOREBAY MAIN POND B Permanent Pool El. 19 Permanent Pool El. 19 Temporary Pool El: 19.88 Temporary Pool El: 19.88 Pretreatment other do Clean Out Depth: 4 Clean Out Depth: 8 than forebay? Sediment Removal El: 15 Sediment Removal El: 11 Has Veg. Filter? No Bottom Elevation: 14 Bottom Elevation: 10 WET POND ID FOREBAY MAIN POND C Permanent Pool El. 20 Permanent Pool El. 20 20.96 Temporary Pool El: 20.96 Temporary Pool El: Pretreatment other No than forebay? Clean Out Depth: Sediment Removal El: 4 16 Clean Out Depth: Sediment Removal El: 8 12 Has Veg. Filter? No Bottom Elevation: 15 Bottom Elevation: 11 WET POND ID FOREBAY MAIN POND D Permanent Pool El. 19.5 Permanent Pool El. 19.5 Temporary Pool El: 20.69 Temporary Pool El: 20.69 Pretreatment other No Clean Out Depth: 4 Clean Out Depth: 4 than forebay? Sediment Removal El: 15.5 ;0411m,109 15.5 Has Veg. Filter?No Bottom Elevation: 14.5 ttom E evation: 14.5 STORM-EZ Version 1.4 NUV 15 ZU15 10/25/2018 O&M Manual Page 3 of 3 Operation & Maintenance Agreement Project Name: Project Location: Kaylies Cove `�a9i 1Z' I Piner Road, Wilmington, New Hanover County, NC Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set locatil Any deficient BiviP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & cc Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: N. 3 O&M tables will Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): C.LICKTO UPDATE ❑&M MAN 1.1A' I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Signature: Edward H. Clark Manager, Bill Clark Homes of Wilmington, LLC 127 Racine Drive Wilmington, NC 28403 910-350-17" liweaver@billclarkhomes.com Date: S 17 ?o) 7 a Notary Public for the State of County of Now AC- , do hearby certify that personally appeared before me this day of and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, %�G.I SH04,Air AZ ea V� *�Al STAR 5/16/2017 Page 1 of 6 Version 1.4 'rNllllgd O&M Manual Seal My commission expires I MAY 2 5 2O17 BY U STORM-EZ 5/16/2017 Version 1.4 O&M Manual Page 2 of 6 Grassed Swale Maintenance Requirements Important maintenance procedures: The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed - swale. After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed - swale. The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The entire length of the Trash/debris is present. Remove the trash/debris. swale Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re -sod (or erosive gullies have formed. plant with other appropriate species) and water until established. Provide lime and a one-time fertilizer application. Sediment covers the grass at Remove sediment and dispose in an area that will not impact streams the bottom of the swale. or BMPs. Re -sod if necessary. Maintain vegetation at a height of approximately six inches. Vegetation is too short or too long. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. MAY 2 5 2017 BY: STORM-EZ 5/16/2017 Version 1.4 O&M Manual Page 3 of 6 Wet Detention Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). _ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably nes ed, wipe it on ID V the plants rather than spraying.Pig STORM-EZ Version 1.4 nBY MAY 2 5 2017; 5/16/2017 O&M Manual Page 4 of 6 Wet Detention Pond Maintenance Requirements(Continued) The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Catiails, Nhrag iritas or other Remove the plants by Wiping thern with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. �ECEIVE �y MAY 25 2017 evD 01 e STORM-EZ 5/16/2017 Version L4 O&M Manual Page 5 of 6 Wet Det ntlon Pond Design Summary WET POND ID FOREBAY MAIN POND A Permanent Pool El. 21 Permanent Pool El. 21 Temporary Pool El: 21.77 Temporary Pool El: 21.77 Pretreatment other No Clean Out Depth: 6 Clean Out Depth: 5 than forebay? Sediment Removal El: 15 Sediment Removal El: 16 Has Veg. Filter? No Bottom Elevation: 14 Bottom Elevation: 15 WET POND ID FOREBAY MAIN POND B Permanent Pool El. 19 Permanent Pool El. 19 Temporary Pool El: 20.07 Temporary Pool El: 20.07 Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 6 than forebay? Sediment Removal El: 16 Sediment Removal El: 13 Has Veg. Filter? No Bottom Elevation: 15 Bottom Elevation: 12 WET POND ID FOREBAY MAIN POND C Permanent Pool El. 20 Permanent Pool El. 20 Temporary Pool El: 2092 Temporary Pool El: 20.92 Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 7 than forebay? Sediment Removal El: 17 Sediment Removal El: 13 Has Veg. Finer? No Bottom Elevation: 16 Bottom Elevation: 12 ECEBVE MAY 25 200 sr.— STORM-EZ 5/16/2017 Version 1.4 O&M Manual Page 6 of 6 IV State Stormwater Management Systems Permit No. SW8 160310 MOD Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Wet Detention Pond Project A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Systems Permit No. SW8 160310 MOD AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM ❑ Check here if this is pa o a Fast Track As -built Package Submittal. Printed Name Signature I, , a Notary Public in the State of County of , do hereby certify that personally appeared before me this 20 day of and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) !" ,c��n��lletodl l Provrir e.�d N/A I A. DEED RESTRICTIONS 1 WA RECORDS e deed restrictions and protective covenants have been Y or N recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater re ulations and with the permit conditions. copy of the recorded ee restrictions and protective Y or N covenants has been provided to the Division. 3. Records which track the BUA on each of are being kept.(See Y or N Note 1 B. MAINTENANCE ACCESS 1. e SClVls are accessible for inspection, maintenance and Y or N repair. 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTSi 1. e SClVls and the components of the runoff collection conveyance system are located in recorded drainage Y or N easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Pilau for re-sidential lots that have an SCTA include the following- Y ®r N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N note that the SCM is required to meet stormwa er regulations and that the lot owner is subject to enforcement action as set Y N forth in NCCS 143 Article 21 if the SCI'V1 is removed, relocated or or altered without prior approval. E. OPERATION AND nriAiN T ER]ANCE AGREEMENT Y or N Page 1 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. e O&M Agreement is recorded with the Register of Deeds Y N and appears in the chain of title. or F. OFIIERATIOW—AIVU MAI, WENANCIFF P R_ffwintenanceii65ffs_ are being ke;yt in a known set location for each SCM and are Y or N available for review. G. CEMNERIS CER, I - _ has eef provesed to Y N Dig Aon. or Note1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed pro essional and I certi y my signature and seal below, that I have observed the construction of the project name above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT' drawings, such that the intent of the stormwater rules and statutes has been preserved. ❑ Check here if this is a partial certification. Section/phase/SCM _CTFec-IRTere if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number Date City/State/ZIP Phone Number Consultant's Email address: Signature Consultant's Mailing Address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Pape 2. OWE = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project. Cnnsukant's Certif^ation NGAC .1003((3) & General al MI DC i, ON1 1050 E A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from o site areas an or existing BUA is Y or N bvpassed. 4. Runoff from offsite areas and/or existing BUA is Y or N directed into the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite Y or N permitted SCM that meets the requirements of the MDC. 6. The net area of new BUA increase or an existing _ Y or N project has been accounted for at the appropriate design storm level. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD 7. The s meets all the specific minimum design Y or N criteria. _ B. VEGETATED SETSACKS t SUA 1. e widtfi of the vegetate set ack has been Y or N measured from the normal pool of impounded waters; the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. e vegetate setback is maintained in grass or Y or N other ve etation. that meets the requirements of NCGS 143- Y or N 214.7 b2 2 is located in the setback. 4. BIJA that does not meet the requirements of NCGS Y or N 143-214.7 (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. tormwater that is not treated in an SCM is Y or N released at the edge of the setback and allowed to flow through the setback as dispersed flow. (TAs-built I ®N f I lV 4 >! T0RW-the oL l• e � I s,a, `-I rye _ - pe:rak flow from the 10 year storm with no downslope I Y or N rostan. D. VARrio ,i 1 .114-111 variation a ternative rom t o stormwater rue Y N rovisions has been implemented. or 2. e variation provides equal or better stormwater control and equal or better protection of surface Y or N waters. E. h LIAN V%ITH OTHER REGULATORY PROGRAMS has been met Y or N SIZING -the u_ tee of the SCM 5ka the runoff m all surfaces irito ac)aunt and is sufcfent to handy �$te Y or N ufred storm depth. G. �.. !A'T'Ett) 3VIL5 - n satin s are not Y or N located in or an ar _-as with conte`nir tat$d soils. H. SIDE SL.41SE 1. Vegetated side slopes are no steeper than 3H:1 V. Y or N 2. Side slopes include retaining walls ' a s, ga ion walls, or Y or N other surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than Y or N (provide supporting documents for soils and ve etation). 1. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. e outlet does not cause erosion downslope of the Y or N discharge point during the peak flow from the 10 year storm. J. EXCESS FLUW5 - An overtlowbypass has been Y or N K. SEWATEKINU -- A me o w o n stagy diilig I Y or ilk water has been provided to facilitate maintenance and inspection. . EMOUT-AFTER CONSTRUCTION - the '_N as Y or N vi clieesned out wid cor3verted to its approv,3d design I state. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD M. MAINTENANCE ACCESS i 1. The SCM is accessible for maintenance and repair. Y or N 2. e access does not include lateral or inc ine slopes Y or N >3:1. N. MONFER7QUALTR (FAST -TRACK vE�#: Tier ��et �iisttzed ufr Ci;� 89A, ,8 I Yr 891C,99E, car of the Ger)erai Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below. Attach additional pages as needed: Page 5 of 7 State Stormwater Management Systems Permit No. SW8 160310 MOD AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed protessional and I certify y my signature and sea a ow, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section/phase/SCM -CTec c here if this is part of a Fast -Track As -Built Package Submittal per. 1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number Date Signature Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: iD Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 MN/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Censultant's Cei 5 on (MDC .1053j <DAS-buy QN/E ON/A A. Forebff I Depths I Fountain e available Sediment s orage is consistent with the Y N aeproved plan and is a minimum of 6 in. or 2. Water flow over the ore ayyberm into the main pondY N occurs at a non -erosive veloci . or 3. e prove ed Forebay Volume is o- o of the Y or N main pool volume. 4. The Forebay entrance elevation is deeper than the Y N exit elevation into the pond. or 5. e Average Design ept of the main pond below the permanent pool elevation is consistent with the Y or N permitted value? 6. Fountain documentation is provided. Y or N B. Side sloM / Bar*A 1 Vegetated S F 1. e width ot the Vegetated Shelfis consistent with Y N the approved plans and is a minimum of 6 feet. or 2. e slope of the ege a e Shelf is consistent withY N the approved plans and is no steeper than 6:1. or C. As -built Main- Pool 1 Areas I Volumes / Elevations e permanent pool surface area provided is Y or N consistent with the permitted value. L. a I emporary Pooi Volume provided is consistent Y or N with the permitted value. 3. e permanent pool elevation is consistent with the Y N permitted value. or Page 6of7 State Stormwater Management Systems Permit No. SW8 160310 MOD 4. The temporary pool elevation is consistent with the permitted value. Y or N QAs-tint ONE WA D. Intaft ► OuUet J Drawdown 1. The design volume draws down in 2-5 days. Y or N 2. The size ot the Orifice is consistent with the permitted value. Y or N 3. A trash rack is provided on the outlet structure. Y or N 4. X ro ogic impacts tote receiving c annel are minimized from the 1 yr 24 hr storm discharge? Y or N 5. e inlets and the outlet ocation are situate per t e approved plan and avoid short-circuiting. Y or N E. Y ototion 1. e vegetated shelf as been planted with a minimum of 3 diverse species. Y or N 2. e vegetated shelf plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or no less than 24 inches on center. Y or N Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E" below. Attach additional pages as needed. Page 7 of 7 State Stormwater Management Systems Permit No. SW8 160310 Wet Pond A LOT # BUA 1 4200 2 4200 3 4200 4 4200 5 4200 6 4200 7 4200 8 4200 9 4200 10 4200 11 4200 12 4200 13 4200 14 4200 15 4200 16 4200 17 4200 18 4200 19 4200 20 4200 21 4200 22 4200 23 4200 24 4200 25 4200 26 4200 27 4200 28 4200 72 4200 73 4200 74 4200 75 4200 76 4200 77 4200 78 4200 79 4200 TOTAL= 151200 Attachment B Built -upon Area Allocations LOT BUA TABLE--KAYLIES COVE Wet Pond B LOT # BUA 29 4200 30 4200 31 4200 32 4200 33 4200 34 4200 35 4200 36 4200 37 4200 38 4200 39 4200 40 4200 41 4200 42 4200 43 4200 44 4200 45 4200 58 4200 59 4200 60 4200 61 4200 62 4200 63 4200 64 4200 65 4200 66 4200 67 4200 71 4200 TOTAL= 117600 Wet Pond C LOT # BUA 46 4100 47 4100 48 4100 49 4100 50 4100 51 4100 52 4100 53 4100 54 4100 55 4100 56 4100 57 4100 68 4100 69 4100 70 4100 TOTAL= 61500 Wet Pond D LOT # BUA 80 4100 81 4100 82 4100 83 4100 84 4100 85 4100 86 4100 87 4100 88 4100 89 4100 90 4100 91 4100 92 4100 93 4100 94 4100 95 4100 96 4100 97 4100 98 4100 99 4100 100 4100 101 4100 102 4100 103 4100 104 4100 105 4100 106 4100 107 4100 108 4100 109 4100 110 4100 TOTAL= 127100 Page 1 of 1 m oQ m 0 N w w \0 00 9 v O O N O OD ON H o o uq 9y x w O R. P. Y o o� 0 o00 CD O O CD Od rA D m O n N A. - � pp' CD W N .'7" O C~ oo w Y CD '' CD oo � o- co O a 0cr cD co CD P. a p � a a w CD aQ p n CD o CD tZ a a UQCD c �� ID [ A. w w NO �CDD R p, 0 GQQ G CD cD R. A. a w D CD 0 o o a a coo �. o 0� o r�0 ..� Q .D (� [ rn o � a, p- `D NW y PD ,� a m CD o 0 E-*�el7 ran P ITJ CD Pa ao a 5' w . co C c' a wCD pa w ram' w :d a ? a a :; O' CD(ro C O p, �., CD w CD A. y CD h' CD S' rn o CCD CG � o 0 0 o c y a: a CD 0 w 0 Q ?�' 5� CL rL a a tct .. O t V 0c0l I Is tm ^� C F t; `Dy V1 V1 0+ Oi O F- l J ram• a a 0000 � ui Ln cc co O V V V V y d V O �V P A 10 O r, Compliance Inspection Report Permit: SW8160310 Effective:03/07/19 Project: Kaylies Cove formerly Piner Run Owner: Bill Clark Homes Of Wilmington LLC County: New Hanover Region: Wilmington Expiration: 08/16/24 Adress: 902 Piner Rd City/State/Zip: Wilmington NC 28412 Contact Person: Landon Weaver Title: Phone:252-814-1481 Directions to Project: At int. of College and Carolina Beach Rd., head east on Piner site approx. half mile down Piner on right. Type of Project: State Stormwater- HD - Detention Pond Drain Areas: A- (Mott Creek (Todds Creek)) (03-06-17) (C;Sw) B - (Mott Creek (Todds Creek)) (03-06-17 ) ( C;Sw) C - (Mott Creek (Todds Creek)) (03-06-17) (C;Sw) D - (Mott Creek (Todds Creek)) (03-06-17) (C;Sw) On -Site Representative(s): Related Permits: Inspection Date: 02/17/2021 Entry Time 04:30PM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 05:OOPM Phone: Inspection Type: Transfer Renewal page 1 Permit: SW8160310 Owner - Project: Bill Clark Homes Of Wilmington LLC Inspection Date: 02/17/2021 Inspection Type Transfer Renewal Reason for Visit: Follow-up Inspection Summary: The following actions were taken after the inspection in order to bring the project into compliance: * On Ponds A, B, and C, the end caps, on top of the orifice assembly, were installed. Therefore, this site now meets the requirements for compliance with the permit. File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: See Summary. Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: Yes No NA NE ® ❑ ❑ ❑ * ❑ ❑ ❑ ■ ❑❑❑ Yes No NA NE ■ ❑❑❑ ■ ❑❑❑ ■ ❑❑❑ Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE ■ ❑❑❑ ❑ ❑ ❑ Yes No NA NE ■ ❑❑❑ page 2 f?fe Slormwater 11,11, v-4ij i F;tt Systems Permit No- SW8 16C10 MOD AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below; that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit docurnents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stcrrnwafer rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Final Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). - Check here here if the designer did not observe the construction; but is certifying the project. Check here if pictures of the SCM are provided. ;printed Name James H. Fentress Jr. Signature L p NC Registration Number PE 20643 Date_ Z4 L tz CAR0 OQ : ..SS1p ,9 :a. gEAG o i 20643 r' 9'! .,��SrEyirFEVL6P°��° Consultant's failing Address: 102 D Cinema Drive City/State/zip Wilmington. NC 28403 Phone Number 910 815-0775 Consultant's Email address: jentress@stroudengineer.com 0 Circle N if ille as-br,ift value differs from the Pian- If N is circled, provide ar, explanation on Page 2. 0,NfE = root evaluated (provide explanation on page 2) O NlA = not applicabia to Psis SCM or project. r` 050 j Cv,ks-burly: ONWE ONlA TREA' li MENT REQUIREMENTS ----- he SC"IV achievesn off treatment. t Y . o ache es runoff volume match. 3. R ^� t y�rP; of°s fe?reps and/or existing BEJA is - �, or 1.,.r�...-...1 w. rcunofr rrom ottsrte areas and/or existing BUA is directed j into the permitted SCM and is accounted for at the full Y or -------------- build -out potential. i 5- The project controls runoff through an offsite permitted SCM that meets the requirements of the MDC. T or Y I a k 6. The net area of new BUA increase for an —existing ro ect R -tee acc3� v ,',� _,. the appropriate desigstorm I—� level.! i A. 7. he vi s; ��si;+:s a i s<d`�cifif.; r �inimur. d s'c� e k n Y r SUA Page 8 of 7 State Storinwater Management Systems Pern-.,it No. S'A/8 1603,10 MOD r.width 6f_ n measured- setback iias bee, ­-su-r-d- i .—V or fromi the normal pool of impounded ;.haters. the 1111HYJ line of tidal eaters; or the top of bank of each side of I i � 1p' j rivers or streams. 2_ The —vegetated setback is maintained 16 —grass or other' Y ®rN --y 3. 90A that m-'e'e*,,-t's'-tlfi-'e"-r"e"-q'irem -uii6fi-6f —NCGS T4i-3-1 i or (b2)J2Js located in the setback I ( Q - 4 NUAlhat does not meet the req.-uirements of NCGS 143Y or 214.7 (b2)(2) is located within he setback and is limited t to: a.. Publicly funded linear projects (road, greenway sidewalk) I- I A I_1__ v. '-I Fv- IV1 It Oki W-LUI Vb c. WFnimal ­�1footprint uses (utility poles, signs, security lighting and appurtenance�). r��Wiftir_t is _ I f6i Rif- nottreatedin an SCM is released at I—Yo--- the edge of the setback and allowed to flow through the setback as dispersed flow. i C. STORMWATER.OUT— U= OUTLETS - the outlet handles -the peak OlAs-built 66 N ,flow from the 10 year storm with no downslope erosion 5 or N D: VARIATIONS 1 A variation (alternative) fi,o,,n fhe stormwater rule provisions has been implemented. i Y or —provideg"equal variation Y or and equal or better protection of surface waters, -Co P", P_ VUA114Uh- WITH -OTHER REGULATO RY PRO S I A. has been met, SIZING. tine volurne the SUM —fake-1he W" ff fr-oi-n all S no turfaces.-into,account and is sufficient to handle the required or storm h�_ deptt G. SOILS �SCWs -CONTAMINATED infiltrating are iiot lobated in or on a'reas.with contam inated soils. 1. Vegetated side slopes are no steeper than 3H: IV. 2 Side siopes HICU e a gibion walls, or r or N ---. Y or other surfaces that are steeper than 3H: IV. .. ......... ii., �iae slopes are steeper than 3H: _pSIr _q9cuments for soils and ve_qeta49!2):. -1. EROSION PROTECTION -or, T&E �ntcause erosion in the SCM. N or N C, C-fischarge point during the peak flow from the 10year storm., J. EXCESS FLOWS n overflow nifpi�ii-fia-s----615-6-.�-- , .: : , rowdadi I _K, _Rl -a -rt -%, or. N D 9 WA_T9 Vd.-A rnethod to d o water wn standing ter has o, or N beeenprovlded td facilitate maintenance and ins action. lik 111,111 11011, UT AFT E �i C),11111il 31711 L. CLE,1111 I CTIO -the' SCM has -:-.cleanecl bUt and'corive�Prj tn its state UY or.. N . . . . ......... .M.a-MAINTENANCE-,zACCES195w�--_�estqn 1. The SCM is accessible for maintenance and repair. orN 2. The access does not include lateral or incline slopes >3-1. N. DESIGNER AST- RACK PERM —IT) The:designer'is licensed under Chapters 89A, 89C, 89E, or T or N (Dor N 89F of the General -Statutes. Page 4 of 7 State Siormwater sy�.j,;jj: Permit No. SW8 160310 KrIOD Provide an explanation for every MDC that was not met, 3ild for every i1eni morked"Mi'Al: or '"NI/F Y f below. Attach additional pages as needed: "Q--41-el 414.�- t'j O-C 4quxo�%Cya Page 5 of 7 State Stoimva!er Management Systems Permit No._SkN8 160310 MOD AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT i hereby state that I am a licensed professional and I certify by my signature and seal below, t}iat I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Pond A Check here if this is part of a Fast -Track As -Built Package SubmOtal per-1044(3)_ Check here if the Designer did not observe the construction, but is certifying the projec.,t. Check here if pictures of the SCM are provided. Printed Name James H Fentress Jr. Numbergrstration PE 20643 Consultant's Mailing Address: 102 D Cinema Drive CitylStatelzip —_ Wilmington, NNC 28403 Phone Number 910 815-0775 Consultant's Email address: jfentress@stroudengineer.com 01, Circle N if the as -built. value ~differs from the Plan/permit. If N is circled, provide an explanation on page 2 ONIF = not evils ate! (provide exp!anatinn on page 2) ,)N/A = not applicable to this project or SCM. This Cerfifcatior3 must be completed in conjunction vrilh the General MDC certification under NCAC 02H 1050 Consultant's Certification (MDC .1.053) ?OAs-built ®N/E CAN%A A. Forebay 1 Depths 1 Fountain ! or N I� ' The availaL7ie Seefimerit storage is consistent with the " " - ap rfovad Plan and is a minimum of (3 in. ; 2. n pond r_._i_.._�_—_ , _. . -... :. :z�.�t�, a: =? #!on-'erc?slue veI[)city. of raytSa�olll'rn IS 165 P6 2C b Cif the Mall i ao The 1=crakxll , entrance elevation is deeper than the exit «._C'Vatt=�r? „r,.�. S r„�, N�c)rid. ,� z3 ave ���rgn Deptl? of ifs n?airic.ncf he?ova tl}� tern amen} ;.t, , a;evafion is consist?ni. with the permitted ") ``'r � ! value?_ Y or 6. Fountain documentation is provided. B. Side slopes Ji Banks'] Vegetated Shelf 1. The width of the Vegetated Shelf is consistent with the Y or IN _ approved plans and is a minimum of 6 feet. =. The slope of the Vegetated Shelf is consistent with the Y or N ! ? approved plans and is no steeper than 6:1. C. As -built Main'Pool / Areas / Volumes / Elevations The perinaf ,enO' ;.,�,c- sua face area p; ovidQc s can:siste _ ,t or N ' yYtlYl is,a iJ �:•F:?:1aL=C3 �C:f'1.},C`i. 1 � i Page 6 of 7 State Storm+,pater k an2gerne;nt Systems Permit No. SVJ8 160310 100D The Temporary Pool Volume provided is consistent with -� or N 3 the permitted value. 3. The permaneriE pool elevation is consistent with the j Y or N i permitted value. F ­4f The temporary pool elevation is consistent with the r Y or N permitted value. I---- �. Inlets / Outlet / Drawdovdn -� ! 1. The design volume draws down in 2-5 days. or N ! i 2. rfie size of the Orifice is consistent with the permitted -or N - - value. 3. A trash rack is provided on the outlet structure r _, or N ! ' 4. f kyc'pa � is tr--� tl�c r� : c rvi+ � �, ,sr�cl cirG-rrir �3 w, i. _ or.. I`YV -..I..._. _ from the 1 yr --4 hr storii, disch aije f _ I 6Theinfets and the outlet coca ors are squited-t per f!e - or i - a[mroved }plan and avoid short-circuiting, E E. Vegetation -€ The vegef�atea-she!f l'.as been pldritec �vt+i a i:iinimuni of 3 y or diverse s ecies. - �� .........._. .......... ?. I -e vegetated shelf plant dens'iy is consistent witir tfse approved plans and is no less than 50 plants Per 2100 sf or Y or no less than 24 inches on center. Provide an explanation for every MDC that was n`,' met, and for every item marked "NIA" or "WE" below. Attach additional pages as needed: Page - of 7 State- Stornmater Managelrent Systems Permit No. SVN8 160310 MOD AS -BUILT DESIGNER'S CERTIRrA a ION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 021-1-1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. I Check here if this is a partial certification. Section/phase/SCM #? Pond B 'i Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here i;- the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed James H Fentress Jr. Name Signature,—, NC Registration Nuliia�e:- PE 20643 Date-7zta,.-O Consultant's Mailing Address: -_ 102 D Cinema Drive �,•`�N CAR®e 4,� �- -- ` ,a: �< : ! City/State/Zir Wilmington, NC 28403 SEAL 20643 Phone Number 910 815-0775 Consultant's Email address: IFelltr�s�lstrL�IC�C31`�111��r.CQI3� W Circle N if tie as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 CAN/E = not evaluated (provide explanation on page 2) QN/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 I Consultant's Certification (MDC .1053)-As-built ? OWE NiA A Forebay.f Do' ths / Fountain 1. the a��4ilabie Sediment storage is cQ��sistent with the or N--- i!i�vaci plan and is a ininimurn of 6 in, n r [t IQoL :?Ve the forebay berm into the main pond } - o Curs at a "I4,. srosive velocity. f a. !-0! -va f �� /r e r i i 5 "H-..._lC/ F+.. _-_.._.. ... _ ... _._._.,.. T ti r.1lJ�33-_t . .:.L'r ..� V�e�If i +S d'5',��'2 /0 0f t€ie main _ s - +e ror, 4 antiar?,"E' elevation iS deeUer th3r? the Sy�ifi �i_ 'N l t`�S^c:r1 :�epth Qi the fTlaici pc 11d t t'Ii1Va tll:?- ��� —__ !. - i -�_. s marl nt ,i�oo! e, . va?tlon is consistent with the penmitted 0.r N I value•? i 6. Fountain documentation is provided. B. Slide i'lo es l Rrs'.s a Vegetated §helf + of ' Ie Vegetated Shelf is i assistant' Wil tile. [ r+�Jv;'S plans .-3 FT. d I✓I tV l j :_�,,P ,• !~la s + , is a minimun't_Q_6 tees. ?, l : e slfn fot o 1E6__---- - 3vec-i a an is no steeper than 5 i C as 1 V cil. Wes f Eiev- attatns - _ — --- C. &�a �a'saii� �•e�+.,.`�3t r``�o:3 ; tw�'^� ` t �` a he pen—nt i lent pool a; -. --_ .9 - -- - -� --- — - st C. e<. , ace ai, G'? provided ; s corslst ;+ .. r`y1 ' -- - % tz3 the i�c3 �i "ed value. Page 6 of 7 0 State Stormwater Management Systems Permit No. SW8 110310 MOD 2. The Temporary -%ZoT Volume provided 1s Consistent with ! - _ the ermitted value. ! or N 3. The permanent pool elevation is consistent with the perm,tted fir; lie. �. The tenlpoi'a rypC?ul eievat!or? !s consistent 14.th the C,r N - ergiitted value. ..... ..... .. It I `')N/L JI IF`. i -y I l3. firGlcts d Outlet / Drawdcwn i f: Thy ce�itiri ��alii=�, ; cis a��r, dvw�i it l da;rs. -fir N - G. fit' 4: 3 Of t,r* S nf With tilF' i7G's r'ittor lil val:fe. { 3. A trash rack is provided on the outlet structure, j�Y or N i ` 4. Hydrologic impacts to the receiving channel are min mized- from the 1 yr 24 hr storm discharge? or N i 5. The inlets and the outlet location are situated per the or N approved plan and avoid short-circuiting. E. Vegetation 1. The vegetated shelf has been planted with a minimum of� ± diverse s acies � or 2. The vegl-t<<t d- s9ze t Pia. -it den4ityis corisisteiit W-itfi the— approve: purls and is rio less thai'� 50 alants per 20Q sf ar Y or no less than 24 inches on center. Provide an explanotico, for every, MDC that was not met, and for every item marked "N;A" or "N/F below Attach addit on . ;gages` As Needled.. C-&- t 4146� 0 Page 7 of 7 State Stom,vrate, Management Systems Permit No._SWB 160310 MOD AS -.BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POIAD PROJCC T hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance Viiih the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Pond C Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed James H Fentress Name _. Jr.. Signature NC Registration PE 20643 Number Date � '� 2A 2 c SLAL: Consultant's Mailing Address: ,,�It/t 1liClr,r, cARO1 •.,, 102 D Cinema Drive it �� •,. •.. /I YI• .._-__._,_- �' t'° C�iiylSt )t 'ZIP Wilmington. N!C 23403 . a Y;a e. _ __..._. Phone Number 910 515-0775 '9'liP'tNGIEa :lco, --- ••• CCSiN �A, slJ,`V ,a Gonsu°stant's Email address: jfentress@stroudengineer.com n Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 _A OWE = not evaluated (provide explanation on page 2) QN/A = not app!ivabie to this project or SCt,.r. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H. ! 050 Consultant's Certification MDC .1 053 _ OAs-built. 1 Cz>N/F I c>N!A A Forebay / Depths / Fountain f- 1. The available Sediment storage is consistent wfh the _ or N approved plan and is a minimum of 6 in. 2. Water flow over the orebay berm into the main pond or - _ occurs at a non -erosive velocity. N I 3. The provided Forebay Volume is 15%-20% of the main s or N ool volume. t. I he I~C'r�?uy enirar"ce 2!:?Vc3i< `�� �S ile�`c)at then the at •611lavallon intoOn be, i.. l the I permanent, pool ievatic:� is c:�,:sise ;:Y+t� t'le permitted 'or N i I value? 6. Fountain documentation is provided. { Y or E 1 B: Side slopes I Banks 1 Vegetated Shelf j 1. The width of the Vegetated Shelf is consistent with the "-1 i �N I aorp roved plans and is a minimum of 6 feet. I I 2. The slope of the Vegetated Shelf is consistent +r the i ao proved l,an s and snu �� N :: i _ C. As -built Main Pool I Areas f Volumes ( Elrevati�ans— __...1____._____ .i 1. The permanent pool surtace area provided is consistent with the permitted value. Pa e6of7 State Stormwater Management Systems Permit No. SW8 160310 MOD 2. The Temporary Pool Volume provided is consistent with .. 1,.. or N theSermitted value. v ' {4%, The permanent pool elevation is consistent witfi-fhe — -? - - permitted vshe i or N ty' „00�.4 Gjl. tiori iS crr a I'Z eniI wiih t ,e. Cif l�r Dermiti.ed val tic. S +�:-. li _ lnif-AI OutletI DrawdCAmp 1. T le �ie� iqf� vol�sn n ctrawvs 1c� ��fl iri 2- tf ;ys. or__i�# flu SIZE Cif tl'1t? i�rfi IC e- }. ' 4�rf 'StE'iit l�vf l i ' -' r•_-+, t �tt�;. p: t �1,.�e. 3. A trash rack is provided on the outlet structure. or N 4. Hydrologic impacts to the receiving channel are minimized from the 1 jr 24 hr storm discharge? or N 5. The inlets and the outlet location are situated per the -' r N approved plan and avoid short-circuiting E. iiagetation diverse sThe v .gjtai&d shelfi has been planted with a minimum of 3 Y or pecies. 2. The vegetated shelf plant density is consistent with the - approved plans and is no less than 50 plants per 200 sf or Y or <R); _ no less than 24 inches on center. Prow°ide an explanation for every MDC that was not met, and for every item marked "NIA" or "N/F below. , ij� :�cs? additional pages as needed: N Page 7 of 7 `' '� afro;., t ;-pf ;itcirivrri Systems Permit No. SW8 160310 MOD AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance 'i'v,th the permit documents, plans and specifications on file with or provided to the Division except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Pond D Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3). - Check Mere if the Designer did not observe the construction, but is certifying the j roect. _J Check here if pictures of the SCM arL provided.p Printed Name James H Fentress,Jr. NC Registration PE 20643 �J 1 v Number � Date� 1 1 �`qt 4`�rN�t:: ; Consultant's Mailing Address: 102 D C'inerna Dr]k'e City/State/zip Wilmington, NC 28403 Phone Number 910 815-0775 Consiritant's Email address; 3fentress;Cl'stroudengineer.com OD Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 ONIE = not evaluated (provide explanation on page 2) ®N/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Cor;s;,� t ~r ', GeititiLatien eft+lDC . �1053) — 5As-built ®-N/E t N/A i Fa Eorebal+ ! Depths i� �►�."5��;,t 1 The atv �tj���uli r : �t��, a �: s� � cnsisfenf 1rVith the j � or N •t t1�7rgved pi :n /�� 1}i{3?fii1?i Li r-.- _ _ ---- - — -___.. 2. 1�tjar4r ti c =r tl' iu,e ,v Lie;, r tnto the main pondar IV 0ggvrs at 3 lien r )s,ve elo t k —. �-.._ .. __ iie'', fide i 3-i,«+Jx;r ��Irlrii? Is i:]'s ,s �i� t�s i.�� IDS-i__ --t- --�-'i- -- --- T �r , or o y �Lf ++z i-�� ::,^;µdi: � !s ;:8roer than t ? exit i —3 I -� --- N i vie �1 �3111 ._._ c�—. .5 The A.erar —'J�id�Vthe 1 parma;?ani p L!� z3 4:4 f1he r �' t N .lavation;S cos::. Plot Vvith �Jert� itt�d valwte-? ! i 6. FCl; nt1T1 ? a':a at fl la dl e i Y G� f i B; Side Sion S,, t - I Veaet=te:l Shevy l ; yy c k t ; p`�fL.v`'d vla is and is -a rnini3pj-r? i e i. is i_—� _ CL� t p r 2. cie i.'Ltc r+� ,a1td SIt approved Pzr i-and. i `fit.) .i:esc. ef- `•`i; n �. ' � Cl or C. As-bulit Main Poc kl; ;s ` _"Dili � +'y 7� .1i3r3� � !! o..= d - 7j Jes 1, ea% c 4 Tli? ��rni f t �il� tt31 �11ri zt ;� I �{ 3 ti: L 1�tS'. r i t i eft r ;t i :yrt I n� !�uiria3t;'Cl t�.alta�', i e Page 6 of 7 tii;�fefC�lTll"J3'erManagement Systcn-ls Permit No. SW8 160310 MOD 2. The Temporary Pool Volume provided is consistent with I or N s the permitted value. , — 3. The permanenE pool elevation is consistent wiittti the i-- errnitted value. I or N , W. The tel,tilc:rary pool elevation is consistent with the N - _ pernnittrd valise. s-builtt.)Nik i The ti e sioii volume diatvs down in � si t�i �, ?r N j ? ? -I t {?i $ Jt 1. rl id^•f IS !.', NISISte,it Wi- tl'rt� t!E'f i llitE'C Efc.l:l' . 3. A trash rack is provided on the outlet structure. ='r N i ! -�1 iydrologlc Impacts to the receiving channel are minimized` - from the 1yr 24 hi -storm discharge? or N 5. The inlets and the outlet location are situated per the z� N ' approved plan and avoid short-circuiting. r - _ E. Vpgexation 1. the vegetated shelf has been planted with a minimum of 3 Y or dyerse species. �. iiie vegetated she plant density is consistent with the t proved plans and is no less than 50 plants per 200 sf or Y or :io lass thane 4 inches on center. ;`.:an a pia�-,aiion for every MID-C that was not met, and for every item narked WN' or `°N/ER ritfa'G4j ii oa-ges as needed: IV o '( .�, •.>,-ar�N a Crnot . `T �� ` 9 pi�J t� VAS �-5 C E) f4 lQ b e Page 7 of NC DEQ Division of Energy, mineral and Land Resources STATE STORMWATEi,. `' it-- II U C PERMIT TRANSFER APPLICATION FORME MAY 0 5 202J Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://lea nc aovlcontact/reaion d offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(c2i (see also SL 2011-256), the pposed ro permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; © Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwatcr Permit Number: S'd118 160310 2. Project name: KAYLIE'S COVE Is this an updated project name from the current permit? ® Yes 3. Reason for the permit transfer request: No Permit is listed as PINER RUN TURNOVER TO HOA B. PERSON(S) WHO HAVE SIGNED THIS FOR! (select only one response below) ❑ 1. Both the current and proposed permittees ® 2. Only the current permittess off a;m OF di9PdYdeQ community Planned t y (skip Part F & G). In accordance u with G. S. 143-214 7fc2' (see also SL 2011-256), this We of transfer is allowed only when all of the following items can be truthfully checked. ® Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ® The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); The stormwater management system is in compliance with the stormwater permit. NOTE. If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed pi3rmittee (skip Part D below). In accordance with G.S. 143-214.7(65) (see also SL 2013-121), this We of transfer is allowed only when all of the following items can be truthfully checked.- ® a. The proposed permittee is either (select one of the following): ® The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ® The successor -owner who is the sole claimant of the right to engage in the permitted activity. b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the Permitted activity is occurring or will occur. ® A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ® c. The proposed permittee agrees to the following requirements (all must be selected): ® There will be no substantial change in the permitted activity. ® The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ® The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. MAY o 5 20i11 1 ,i Stormwater Permh Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTF Please mark "Y" to confirm the items are included with this form. Please mark "X" if previously provided. If not applicable or not available, please mark N/A.; 1 A processing fee of five hundred and five dollars ($505.00) per 3.S. 143-215 313(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized 3palicable Q8M aQreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. y 8. If transferring under G.S. 143-214.7(c) (i.e., Part 8, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7fc51 (i.e., Part 8, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. MAY a 2020 BY Stormwater Permit Transfer Application Form Page 3 of 7 April 27.2018 L] D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1, Current Permit Holder's Company Name/Organization: BILL LARK HOMES OF WILMINGTON LLC 2. Signing Official's Name: ED WARD CLARK 3. Signing Official's Title: MANAGER 4. Mailing Address: 127 RACINE DRIVE SUITE 201 City: WILMINGTON State: NC ZIP: 28409 5. Street Address: 127 RACINE DRIVE SUITE 201 City: WILMINGTON State: NC ZIP: 28409 6. Phone %(252) 814-1481 Email: LWEAVERa-BILLCLARKHOMES COM I, EDWARD CLARK the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by,theDEM u .ti the facility is in compliance with the permit. Signature: _......... �— Date: AO�,rtS� I, �V_ aLL I a Notary Public for the State of County of �'Ap .; rs,r Y A 0 '• that �.�-�,J� )thy(m ��,� , do hereby certify personally appeared before me this the 771 day of�\o. e_V-\ 20 &C , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) i Notary Signature. My commission expires N, Stormwater Permit Transfer Application Form page 4 of 7 April 27. 2018 E. PROPOSED PERMITTEE INFORMATION 1. The'proposed permittee is the: ❑ Property owner (Also complete Part F.) 1161 Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property oU✓ner will appear on the permit as co permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee, name (check one of the following and provide the name): El corporation, LLC; Partnership, Municipality name: ® HOA i POA i UOA name: KAYLIE'S COVE PROPERTY OWNERS ASSOCIATION INC. ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: EDWARD CLARK b. Signing Official's Title: PRESIDENT c. Mailing Address: PO BOX 12051 City: WILMINGTON State: NC Zip: 28405 d. Street Address: 1985 EASTWOOD RD. SUITE 202 City: WILMINGTON State: NC --ZIP: 28403 e. Phone: (910) 679-3012 Email: DEREK(a)-PREMIERMANAGEMENTNC COM 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure b provide Email a. Management Company or Business name: PREMIER MANAGEMENT LLC b. Contact Name: DEREK JARRETT Title: PRESIDENT C. Mailing Address: PO BOX 12051 d. City: WILMINGTON State: NC ZIP: 28405 e. Phone: (910) 679-3012 Email: DEREKO—PREMIERMANAGEMENTNC COM MAY 0 5 2020 i BY: Stormwater Permit Transfer Application Form Page 5 of 7 i„ Anril 27. 2018 F. PROPOSED PERMIITTEE CERTIFICATION I,EDWARD CLARK , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or th€ responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that l have received a copy of: (select all that apply): ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ® past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; ® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a 'plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct}, operate and maintain the approved stormwater management system pursuant to the rs9A"ments listed ip the perm' the operation and maintenance agreement. C Signature: -- Date: I, YOc ` ➢� , a Notary Public for the State of County of A_r4 u, , do hereby certify that F-c+. �4 (ak A personally appeared before me this the day of �tsfi , 20L and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature M commission expire ` 0-4 eSHpCo�,�✓ y p � �ls.�l f�- \fit o�?� �TAR� e 1, 2 1 c PEA A "y A.- � MAY C 5 2023 ;,r ►„o,eeee L BY Stormwater Permit Transfer Application Form Page 6 of 7 Ani•il 27 7n7R R •�r+� R Z, S G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's.Title: Mailing Address: City: State: ZIP Phone: Email: 1, , hereby certify that I current) own the property this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be pu chasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreementicontract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission expires. , County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20 and acknowledge the due execution of the forgoing instrument. Witness MAY 0 20 �Y R' Stormwater Permit Transfer Application Form Page 7 of 7 Anril77 MIA Permit No. 'ey L (to be provided by DWQ) OF W ATE ME- HCDENR A STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled ou4 printed and submilled. The Required Items Checdst (Part Ill) must be printed, filled out and submitted along with aH of the required information. fti;.t?RQaECT INFORMATION Project name Piner Run Contact person Bll Clark Homes of Wilmington, LLC Phone number 910-355-1744 Date 1,lu1-16 Drainage area number Pond A hr DESI..t;lflNF011 IVfATION Sfte Characteristics Drainage area 356,966 f(� Impervious area, post -development 148,998 fe % impervious 41.74 % Design rainbll depth 1.5 in Storage Volume: Non -SA Waters Minimum volume required 18,993 ffs Volume provided 18;993 {f3 OK, volume provided is equal to or In excess of volume required. Storage Volume: SA Waters 1.5' runoff volume R Pre -development 1-yr, 24-hr runoff ffs Post -development 1-yr, 24-hr runoff fts Minimum volume required ffs Volume provided ft Peak Flow Calculations Is the pre/post control of the 1 yr 24hr stone peak flow required? N (Y or N) 1 yr, 24-hr rainfall depth 4.1 in Rational C, pre -development 0.20 (unitless) Rational C, post -development 0.51, (uni9ess) Rainfall Intensity: Iyr, 24-hr storm 0.17 inAfr OK Pre -development 1 yr, 24-hr peak flow 0.11 fts/sec Post -development 1-yr, 24-hr peak flaw 0.04 felsec Pre/Post 1-yr, 24-hr peak flow control -0.07 If/sec Elevations Temporary pool elevation 21.89 hall Permanent pool elevation 21.00. frnsl SHWT elevation (approx. at the peen. pool elevation) 21.00. imsl Top of 10ft vegetated shelf elevation 21:50 frrrsl s� �1' Bottom of 10ft vegetated shelf elevation 2Q.50. fmsi 1.. 6, Sediment cleanout, top elevation (bottom of pond) 16.00 fmsl0 Sediment cleanout, bottom elevation 15:00 fms1 " 1, Sediment storage provided 1.00 ft Is there additional volume stored above the state -required temp. pool? Y (Y or N) Elevation of the top of the additional volume 21.9 kraal OK Form SW401-Wet Detention BasiM2ev.9W118112 Pens POND A, Page 1 of 2 Permit (to be provided by DWQ) II. DESIGN INFORMATION . Surface Areas Area, temporary pool Area REQUIRED, permanent pool SAIDA ratio Area PROVIDED, permanent pool, Aw pca Area, bottom of IN vegetated shelf, Abw�heb Area, sediment cleanout, top elevation (bottom of pond), Ab„L.P„d Volumes Volume, temporary pool Volume, permanent pool, VIP,,, Volume, forebay (sum of forebays if more than one forebay) Forebay % of permanent pool volume SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, Vpa„_p,,, Area provided, permanent pool, Ap-,„w Average depth calculated Average depth used in SAIDA, d. (Round to nearest 0.5ft) Calculation option 2 used? (See Figure 10-2b) Area provided, permanent pool, Ape11,,p„ , Area, bottom of 1 Oft vegetated shelf, Ab,u h f Area, sediment cleanout, top elevation (bottom of pond), Ab,,-P„d "Depth" (distance b/uu bottom of 1Oft shelf and top of sediment) Average depth calculated Average depth used in SAIDA, d. (Round to down to nearest 0.5ft) Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (If -non -circular) Coefficient of discharge (Co) Driving head (H,) Drawdown through weir? Weir type Coefficient of discharge (C„,) Length of weir (L) Driving head (H) Pre -development 1 yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge orifice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width ratio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build -out? Drain mechanism for maintenance or emergencies is: 22,716 ft 14,886 ft? 4.17 (unitless) 19,346 fir OK 16,363 fl 6,534 fl 18,993 fl3 OK 60,759 fts 12,025 fl3 19.8% °% OK 90 % Y (Y or N) N (Y or N) 4.17 (unitless) N (Y or N) 60,759 ft, 19,346 ft 3.45 ft OK 3.5 ft OK Y (Y or N) 19,346 ft 16,363 fr 6,534 fe 4.50 ft 3.61 ft OK 3.5 ft OK Y (Y or N) 2.50 in (n2 0.60 (unitless) 0.30 ft N (Y or N) (unifiess) (unitless) ft ft 0.11 ft /sec 0.04 fe/sec 0.09 f /sec 2.50 days OK, draws down in 2-5 days. 3 :1 OK r 10 :1 OK 10.0 ft OK i 3 :1 OK 1.5 :1 OK Y (Y or N) OK 3.1 ft OK N (Y or N) OK Y (Y or N) OK Y (Y or N) OK Yes, weir at top of outlet Forth SW401-Wet Detention Basrn-Rev.94118112 Parts POND A, Page 2 of 2 Permit No. 00 be ProvkW by DWry O, W A rF �5 Z RO Ek O NCDENR a o Y STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out; printed and submitted. The Required Items Checklist (Part Ili) must be printed, fitted out and submitted song with all of the required Information. I- PROS(=CT INFORMA.1E01 Project name Piner Run Contact person Bill Clark Homes of Mminglon, LLC Phone number 9IM55-1744 Date 12,1ul-16 Drainage area number Pond B IL. DESIM INFORMATION.; .. . Site Characteristics Drainage area Impervious area, post -development % impervious Design rainfall depth Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff Post -development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the prelpost control of the lyr24hrstorm peak flow required? 1-yr, 24-hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intenaily:1-yr, 24-hr storm Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Pre/Post 1-yr. 24-hr peak flow control Elevations Temporary pod elevation Permanent pool elevation SHWT elevation (approx. at the perm. pool elevation) Top of 1Oft vegetated shelf elevation Bottom of 10ft vegetated shelf elevation Sedinent deanout, top elevation (bottom of pond) Sediment deanout, bottom elevation Sediment storage provided Is there additional volume stored above the state -required temp. pool? Fevation of the top of the addftional volume Form SW401-Wet DetartHon Bedo-Rev.9-4H8112 526;070 f? 196,969 f? 37.44 % 1.5 in 25,447 fe 25,447 its OK, volume provided is equal to or in excess of volume required. fe f? fe fe N (Y or N) 4.1 in 0.20 (unitless) 0.48 (unMess) 0.17 infir OK 0.15 felt 0.06 felsec 20.07 hit 19.00 fmsi 19.00 imsl 19.50 final 18.50Ymsl Data not needed for calculation option #1, but OK if provided. 13.00 final 12:001Ml Data not needed for calculation option #1, but OK'd provided. 1.00 ft Y (Y or N) 20.1 final OK i 4i L; < Parts POND B. Page 1 of 2 Permit No. (to be provided by DWQ) II. DESIGN INFORMATION Surface Areas Area, temporary pool 25,682 if Area REQUIRED, permanent pool 17,360 ttz SAIDA ratio 3.30 (unitless) Area PROVIDED, permanent pool, Ap,,,,_,w 21,726 ft` OK Area, bottom of 1 Oft vegetated shelf, Aboi_snalr 18,598 ft Area, sediment cleanout, top elevation (bottom of pond), AboLpw 6,330 ft Volumes Volume, temporary pool 25,447 ft3 OK Volume, permanent pool, Varm-pod 75,901 ft3 Volume, forebay (sum of forebays if more than one forebay) 16,287 fl Forebay % of permanent pool volume 21.5% % OK SAIDA Table Data Design TSS removal 90 % Coastal SAIDA Table Used? Y (Y or N) Mountain/Piedmont SAIDA Table Used? N (Y or N) SAIDA ratio 3.30 (unifless) Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Y (Y or N) Volume, permanent pool, VP,m W 75,901 ft' Area provided, permanent pool, App., 21,726 f Average depth calculated 4.40 ft OK Average depth used in SAIDA, d,,,, (Round to nearest 0.5ft) 4.5 it OK Calculation option 2 used? (See Figure 10-2b) N (Y or N) Area provided, permanent pool, Ap,,,,,,w 21,726 ft Area, bottom of IN vegetated shelf, AboL hw 18,598 ft Area, sediment cleanout, top elevation (bottom of pond), Abol,.d 6,330 fe 'Depth' (distance b1w bottom of 1Oft shelf and top of sediment) 5.50 ft Average depth calculated 4.10 ft OK Average depth used in SAIDA, d,,,, (Round to down to nearest 0.5ft) 4.0 it OK Drawdown Calculations Drawdown through orifice? Y (Y or N) Diameter of orifice (if circular) 3.00 in Area of orifice (if -non -circular) In' Coefficient of discharge (CD) 0.60 (unitless) Driving head (Ho) 0.36 it Drawdown through weir? N (Y or N) Weir type (unitless) Coefficient of discharge (C„,) (unitless) Length of weir (L) ft Driving head (H) ft Pre -development 1-yr, 24-hr peak flow 0.15 it/sec Post -development 1-yr, 24-hr peak flow 0.06 it3/sec Storage volume discharge rate (through discharge orifice or weir) 0.14 ffslsec Storage volume drawdown time 2.10 days OK, draws down in 2-5 days. Additional Information Vegetated side slopes 3 :1 OK Vegetated shelf slope 10 :1 OK Vegetated shelf width 10.0 it OK i Length of flowpath to width ratio 3 :1 OK ' Length to width ratio 1.5 :1 OK Trash rack for overflow & orfice? Y (Y or N) OK Freeboard provided 2:9 It OK Vegetated filter provided? N (Y or N). OK Recorded drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Drain mechanism for maintenance or emergencies is: Yes, weir at top of outlet Form SW401-Wet Detendon Basin-Rev.94/18/12 Parts POND B, Page 2 of 2 Permit No. c° .�i •.1i l (to be provided by DWQ) FW \ NC®ENR o� STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT 7h1s form must be filled our; printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the requkW bifarmation. ji. PR0JtC.r;WF0IkMATi0N Project name Contact person Phone number Date Drainage area number 910-355-1744 24-Feb-16 Pond C Pinar Run Brill Clark Homes of Wilmington, LLC II. DE%P INFORMATION Site Characteristics Drainage area 208,001 fe Impervious area, post -development 88,867 f? % impervious 43.01 % Design rainfall depth 1.5 in Storage Volume: Non -SA Waters Minimum volume required 11,341 ff Volume provided 11,341 fts OK, volume provided is equal to or in excess of volume required. Storage Volume: SA Waters 1.5° runoff volume. fe Pre -development 1-yr, 24-hr runoff fla Post -development 1-yr, 24-hr runoff fe Minimum volume required f Volume provided f Peak Flow Calculations Is the prelpost control of the 1 yr 24hr storm peak flow required? N (Y or N) 1-yr, 24-hr rainfall depth 4.1 in Rational C, pre -development 0.20 (unMess) Rational C, post -development 0.52 (unilless) Rainfall k te!rsfly: l-yr, 24-hr storm 0.17 irdbr OK Pre -development 1 yr, 24-hr peak flow 0.07 fe/sec Post -development 1yr, 24-hr peak flow 0.03 f?/ygc Pre/Post 1-yr, 244 peak flow control .0.04 Elevations Temporary pool elevation 20.92 fmsl Permanent pool elevation 20.0.0 fmsl SHWT elevation (approx. at the perm. pool elevation) 20.00. first Top of 10ft vegetated shelf elevation 20.50 bd Bottom of 1 Oft vegetated shelf elevation 20.00 fret Sediment cleanout, top elevation (bottom of pond) 13.00 first Sediment cleanout, bottom elevator. 12.00 hnsl Sediment store provided 1.00 ft Is there additional volume stored above the state -required temp. pool? Y (Y or N) K�' Elevation of the top of the additional volume 20.9 frnsl OK a sf Form sw401-Wat Detention Bash Rev.9.4/1 e112 Parts POND C. Page 1 of 2 Permit No. (to be provided by DWQ) II. DESIGN INFORMATION Surface Areas Area, temporary pool Area REQUIRED, permanent pool SAIDA ratio Area PROVIDED, permanent pool, Am mom,, Area, bottom of 1 Oft vegetated shelf, Ab.L�w„ Area, sediment cleanout, top elevation (bottom of pond), kLp.d Volumes Volume, temporary pool Volume, permanent pool, VPe1t_ w Volume, forebay (sum of forebays if more than one forebay) Forebay % of permanent pool volume SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, VP,ym-PW Area provided, permanent pool, AP,m,pd Average depth calculated Average depth used in SAIDA, d., (Round to nearest 0.5ft) Calculation option 2 used? (See Figure 10-2b) Area provided, permanent pool, AP,m,_pw Area, bottom of 10ft vegetated shelf, Ab,L�,",r 14,389 fe 8,884 ftZ 4.30 (unifless) 9,872 OK 6,921 ft` 319 ft` 11,341 ft3 OK 20,693 fe 3,819 ff3 18.5% % OK 90 % Y (Y or N) N (Y or N) 4.30 (unkless) N (Y or N) 20,693 fr 9,872 fr 2.20 it ft Y (Y or N) 9.872 ft` 6,921 ft' Need 3 it min. Area, sediment cleanout, top elevation (bottom of pond), At.U.d 319 fe "Depth" (distance b/w bottom of 10ft shelf and top of sediment) 7.00 it Average depth calculated 3.80 it OK Average depth used in SAIDA, d,,,, (Round to down to nearest 0.5ft) 4.0 it OK Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if -non -circular) Coefficient of discharge (CD) Driving head (Ho) Drawdown through weir? Weir type Coefficient of discharge (C ) Length of weir (L) Driving head (H) Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge orifice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width ratio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build -out? Drain mechanism for maintenance or emergencies is: Y (Y or N) 2.00 in in 0.60 (uniBess) 0.31 it N (Y or N) (unifless) (unidess) It 8 0.07 fOlsec 0.03 fOlsec 0.06 fP/sec 2.30 days OK, draws down in 2-5 days. 10 :1 OK i`. 10.0 it OK 3 :1 OK 1.5 :1 OK Y (Y or N) OK 3.1 it OK N (Y or N) OK Y (Y or N) OK Y (Y or N) OK Yes, weir at top of outlet . Form SW401-Wet Detention Basin-Rev.94/18/12 Parts POND C, Page 2 of 2 MCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GLASSED SWALE SUPPLEMENT This form must be filled out printed and submitted. The Required Items Checklist (Part ill) must also be filled out, printed and submitted along with all of the required information. 1.. PROJECT INFOONATION Project name Piner Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-355- 1744 Date February 25, 2016 Drainage area number A; SWALE I r IL DES1.9J1 INFORMATION . Site Characteristics Drainage area 0.94 fe Impervious area 0,63 if Percent impervious 67.0% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 0.84 in 10-yr storm intensity 10.00 inthr Post -development 10-yr storm peak flow 6.76 t?/spr Velocity Maximum non -erosive velocity (peak 10-year stone) 5.00 ft/sec Soil characteristics (enter Y below) Sand/silt (easily erodible) X Clay mix (erosion resistant) Grass Type (enter Y' below) Bermuda Tall fescue Bahiagrass Kentucky bluegrass Grass -legume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: N (Y or N) Maximum velocity Side slopes ;1 Swale length ft Option 2: Swale Seeking Pollutant Credit l"For-Credit" Swale . N (Y or N) Maximum velocity for 10-yrstorm 1.99 ftlsec ,. ... .._ .._ .. Side slopes 3.00 :1 ; Swale length 92.00 ft Swale Characteristics Swale Shape: Enter an Y in the appropriate cell below: Trapezoidal Parabolic ........... .. _. V-shaped X Width of the bottom of the swale 0.00 ft Width of the top of the swale 8.23 ft Additional Information Is the swale sized for all runoff from ultimate build -out? Y (Y or N) OK Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? Y (Y or N) OK What is the distance from the bottom of the swale to the SHWT? 1.50 ft OK What is the ground level elevation'? 25.00 fmsl What is the elevation of the bottom of the swale? 21.60 fmsl What is the SH Wf elevation? 20.00 fmsl What is the longitudinal slope of the swale? 0.01 % OK Uuhaia¢ fYx, dw,ihnf fmot oor ... 4 nn w rev Worksheet Worksheet for Triangular Channel Project Description Worksheet Flow Element Method Solve For Input Data SWALE I Triangular Char Manning's Forrr Channel Depth Mannings Coeffic 0.030 Slope 005430 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H bischarge :6.76 cfs Results 'Depth 0.82 ft Flow Area 3.4 ft2 Wetted Perim( 8.40 ft Top Width 8.23 ft Critical Depth 0.65 ft Critical Slope 0.019606 fUft Velocity 1.99 ffls Velocity Head 0.06 ft Specific Enerc 0.89 ft Froude Numb, 0.55 Flow Type 3ubcritical Project Engineer. Julie Tuten w:\...\stormwater\piner run swales.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 02/11/16 12:16:22 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 DR airy -2- STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must also be filled out, printed and submitted along with all of the required information. I. ':P.. 'e3ECT INFORMAT.10N Project name Piner Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-355-1744 Date February.25, 2016 Drainage area number B; SWALE II il: g;jCN INFORMATION . Site Characteristics Drainage area 6,25 if Impervious area 2.64 f? Percent impervious 42.2% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 1.34 in 10-yr storm intensity 8.03 in/hr Post -development 10-yr storm peak Flow 10.04 If/sec Velocity Maximum non -erosive velocity (peak 10-year storm) 5.00 ftlsec Soil characteristics (erder'x" below) Sandlsilt (easily erodible) X Clay mix (erosion resistant) Grass Type (enter "x" below) Bermuda X Tall fescue Bahiagrass Kentucky bluegrass Grass -legume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: N (Y or N) Maximum velocity Side slopes :1 Swale length It Option 2: Swalo Seeking Pollutant Credit ("For -Credit" Swale): N (Y or N) Maximum velocity for 10-yr storm 1.96 ftlsec Side slopes 3.00 :1 Swale length 126.00 ft Swale Characteristics Swale Shape: Enter an 'x" in the appropriate cell below: Trapezoidal Parabolic V-shaped X Width of the bottom of the swale 0.00 ft Width of the top of the Swale 10.13 It Additional khrmation Is the swale sized for all runoff from ultimate build -out? Y (Y or N) OK Is the BMP located in a proposed drainage easement with a recorded aces easement to a public Right of Way (ROW)? Y (Y or N) OK What is the distance from the bottom of the swale to the SHWT? 1.50 It OK What is the ground level elevation? 25.00 fmsl What is the elevation of the bottom of the swale? 20.50 fmsl What is the SHWT elevation? 49.00 fmsl What is the longitudinal slope of the swale? 0.00 % OK 1 Worksheet Worksheet for Triangular Channe0 Project Description Worksheet SWALE II Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 003970 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 10.04 cfs Results Depth 1.01 ft Flow Area 5.1 ftZ Wetted Perim( 10.33 ft Top Width 10.13 ft Critical Depth 0.76 ft Critical Slope 0.018600 ft/ft Velocity 1.96 ft/s Velocity Head 0.06 ft Specific Enerc 1.07 ft Froude Numbi 0.48 Flow Type 3ubcritical 4. d. i .• M: �• Project Engineer: Julie Tuten w:1...\stormwaterlpiner run swales.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 02M 1/16 02:43:40 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 p4. YVAr t4 � �N > + - STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must also be filled out, printed and submitted along wish all of the required information. I. PROJECT INFORMATION Project name Piner Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-355-1744 Date February 25, 2016 Drainage area number B; SWALE III II. DESIG.N.INFORMAT,;IOlV Site Characteristics Drainage area 2.66 f? Impervious area 0.34 f? Percent impervious 12.7% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 0.84. in 10-yr storm intensity 10.00 in/hr Post -development 10-yr storm peak flow 2.88 fe/sec Velocity Maximum non -erosive velocity (peak 10-year storm) 5.00 ft/sec Soil characteristics (enter'x' below) Sandisilt (easily erodible) X Clay mix (erosion resistant) Grass Type (enter Y' below) Bermuda X Tall fescue Bahiagrass Kentucky bluegrass Grass -legume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: N (Y or N) Maximum velocity Side slopes :1 Swale length ft Option 2 Swale Seeking Pollutant Credit ('Foe -Credit" Swale): N (Y or N) Maximum velocity for 10-yr storm 0.93 ftlsec Side slopes 3.00 :1 Swale length 807.00 ft Swale Characteristics Swale Shape: Enter an Yin the appropriate cell below: Trapezoidal Parabolic V-shaped Width of the bottom of the swale Width of the top of the swale Additional Information Is the swale sized for all runoff from ultimate build -out? Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? What is the distance from the bottom of the swale to the SHWT? What is the ground level elevation? What is the elevation of the bottom of the swale? What is the SHWT elevation? What is the longitudinal slope of the swale? X 0.00 ft 7.89 ft ;.,., Y (Y or N) OK i �r Y (Y or N) OK ` 6.00 ft OK 26.00 fmsl 25.00 fmsl 19.00 fmsl 0.00 % OK Workshee$ Workshee$ for Triangular Channel Project Description Worksheet SWALE III Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 001240 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 2.88 cfs Results :Depth 0.79 ft Flow Area 3.1 ft2 Wetted Perim( 8.04 ft Top Width 7.89 ft Critical Depth 0.46 ft Critical Slope 0.021970 ftfft velocity 0.93 A& Velocity Head 0.01 ft Specific Eneq 0.80 ft Froude Numb, 0.26 Flow Type 5ubcdtical Project Engineer: Julie Tuten w:1... lstormwaterlpiner run swales.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 02/11/16 10:54:10 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 o� WAT�R:,:: ' e MR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GLASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must also be filled out, printed and submitted along with all of the required information. L P.9WFq r INFORMATION Project name Piner Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-355-1744 Date Drainage area number February 25, 2016 B; SWALE IV 11, DESK .11NFORMATION Site Characteristics Drainage area 6.25 fe Impervious area 2.64 if Percent impervious 42.2% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 1.69 in 10 yr storm intensity 6.77 inlhr Post -development 10-yr storm peak flow 8.47 f?/sec Velocity Maximum non -erosive velocity (peak 10-year storm) 5.00 fusee Soil characteristics (entar'x" below) Sand/sift (easily erodible) X Clay mix (erosion resistant) Grass Type (enter'x" below) Bermuda X Tall fescue Bahiagrass Kentucky bluegrass Grass -legume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: N (Y or N) Maximum velocity Side slopes :1 Swale length ft Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale): N (Y or N) Maximum velocity for 10-yr storm 1.67 filsec Side slopes 3.00 :1 Swale length 171.00 ft Swale Characteristics Swale Shape: Enter an "x' in the appropriate cell below: Trapezoidal Parabolic V-shaped Width of the bottom of the swale Width of the top of the swale Additional Information Is the Swale sized for all runoff from ultimate build -out? Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? What is the distance from the bottom of the swale to the SHWT? What is the ground level elevation? What is the elevation of the bottom of the swale? What is the SHWT elevation? What is the longitudinal slope of the swale? X 0.00 ft e . ............._......... 10.07 ft Y (Y or N) OK Y (Y or N) OK 0.50 ft Insufficient distance to SHWT, unless convevanm. swale only. 24.00 fmsl 19.50 fmsl 19.00 imsl 0.00 % OK Worksheet Worksheet for Triangular Channel Project Description Worksheet Flow Element Method Solve For SWALE N Triangular Char Manning's Fom Channel Depth Input Data Mannings Coeffic 0.030 Slope 002920 fttft Left Side Slope 0.20 V : H Right Side Slope U.2U V : H Discharge 6747 Cfs_ Results Depth 1.01 ft Flow Area 5.1 ftz Wetted Perim( 10.27 ft Top Width 10.07 ft Critical Depth 0.71 ft Critical Slope 0.019027 ft/ft Velocity 1.67 fus Velocity Head 0.04 ft Specific Enerc 1.05 ft Froude Numb 0.42 Flow Type 3ubcritical Project Engineer: Julie Tuten w:\..lstormwater\piner run swales.fm2 Stroud Engineering Company FlowMasterv6.0 [614b] 02/11/16 03:01:36 PM ®Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 OF W Arm DENS STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must also be filled out, printed and submitted along with all of the required info►mation. L. PROJECT INFORMATION Project name Piner Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-355-1744 Date February 25, 2016 Drainage area number B: SWALE V II: PIE 1PRINFORIYIATDON.. Site Characteristics Drainage area 3.58 fe Impervious area 1.00 fe Percent impervious 28.0% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 10-yr storm intensity Post -development 10-yr storm peak flow Velocity Maximum non -erosive velocity (peak 10-year storm) Soil characteristics (enter Y below) Sand/silt (easily erodible) Clay mix (erosion resistant) Grass Type (enter Y below) Bermuda Tall fescue Bahiagrass Kentucky bluegrass Grass -legume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: Maximum velocity Side slopes Swale length Option 2: Swale Seeking Pollutant Credit (°For Credit Swale : Maximum velocity for 10-yr storm Side slopes Swale length Swale Characteristics Swale Shape: Enter an Y in the appropriate cell below: Trapezoidal Parabolic Vshaped Width of the bottom of the swale Width of the top of the swale Additional Information Is the swale sized for all runoff from ultimate build -out? Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? What is the distance from the bottom of the swale to the SHWT? What is the ground level elevation? What is the elevation of the bottom of the swale? What is the SHWT elevation? What is the longitudinal slope of the swale? y��at.ie1t10A1PI�fhciffilowlWarri,L' ... 1.69 in 6.77 in/hr 10.81 f?/sec 5.00 ft/sec X N (Y or N) :1 ft N (Y or N) 1.96 ft/sec 3.00 :1 162.00 ft X 0.00 ft • FY 10.51 ft a � Y(YorN) OK Y (Y or N) OK 0.50 ft Insufficient distance to SHWT, unless conveyance swale only. 24.00 fmsl 20.00 fmsl 19.50 fmsl 0.00 % OK 9 nn a nv Worksheet Worksheet for Triangular Channel Project Description Worksheet SWALE V Flow Element Triangular Char Method Manning's Fonr Solve For Channel Depth Input Data Mannings Coeffic 0.027 Slope 003090 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 10.81 ofs Results :Depth 1.05 ft Flow Area 5.5 fta Wetted Perim( 10.71 ft Top Width 10.51 It Critical Depth 0.78 It Critical Slope 0.015029 f fft Velocity 1.913 !w Velocity Head 0.06 ft Specific Eneq 1.11 ft Froude Numb, 0.48 Flow Type 4ubcritical Project Engineer: Julie Tuten w:1... Xstormwater%piner run swales.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 02/11/16 01:55:09 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of i MMMA OF WATER MCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out, printed and submified. The Required Items Checklist (part lllj must also be filled out, printed and submitted along with all of the required information. I. P.ROJ9CT INF.ORMfATIO" . Project name Piner Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-355-1744 Date February 25, 2016 Drainage area number C; SWALE A 11. DESIGN INFORMATION Site Characteristics Drainage area 6.96 f Impervious area 1.93 fe Percent impervious 27.8% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 1.34 in 10-yr storm intensity 10.00 inlhr Post -development 10-yr stone peak flow 24.83 Osec Velocity Maximum non -erosive velocity (peak 10-year storm) 5.00 ftlsec Soil characteristics (enter'x' below) Sand/slit (easily emdlhle) X Clay mix (erosion resistant) Grass Type (enter "x" below) Bermuda Tall fescue Bahiagress - Kentucky bluegrass Grass -legume mixture Swale type: Fill out one of the options below: Oplion 1:. Curb Outlet Swale: N (Y or N) Maximum velocity Side slopes :1 Swale length It Option 2: Swale Seeking Pollutant Credit ('For -Credit" Swale): N (Y or N) Maximum velocity for 10-yr storm 2.18 ftlsec Side slopes 3.00 :1 Swale length 344.00 ft Swale Characteristics - Swale Shape: Enter an 'Y in the appropriate cell below: Trapezoidal Parabolic V-shaped X t I.' Width of the bottom of the swale 0.00 ft ! e_ `.--•----®- - — Width of the top of the swale 15.08 ft Additional Information Is the swale sized for all runoff from ultimate. build -out? Y (Y or N) OK Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? Y (Y or N) OK What is the distance from the bottom of the swale to the SHWT? 1.00 ft OK What is the ground level elevation? 25.00 fmsl What is the elevation of the bottom of the swale? 20.00 fmsl What is the SHWT elevation? ' 19.00 fmsl What is the longitudinal slope of the swale? 0.00 % OK �nii]�_I".�}IO.li�l L1{fO09E1pC1'� 1 CAA n1I Wolrksheet Wolrksheet for Triangular Channel Project Description Worksheet SWALE V1 Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 002910 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H Discharge 24.83 cfs Results Depth '1.51 it Flow Area 11.4 fts Wetted Perlmi 15.38 ft Top Width 15.08 ft Critical Depth 1.09 ft Critical Slope 0.016485 ft/ft Velocity 2.18 ft/s Velocity Head 0.07 ft Specific Enerc 1.58 ft Froude Numb, 0.44 Flow Type 3ubcritical r Project Engineer: Julie Tuten w:1...Wormwaterlpiner run swales.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 02/11/16 11:13:26 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM GRASSED SWALE SUPPLEMENT This form must be filled out; printed and submitted. The Required Items Checklist (Part Ill) must also be filled out, printed and submitted along with all of the required information. I. PROJW INFORMATION Project name Pirer Run Contact name Bill Clark Homes of Wilmington, LLC Phone number 910-356-1744 Cate February 25, 2016 Drainage area number B; SWALE VII III- IiESI1314'INFORMATION Site Characteristics Drainage area 6.32 fe Impervious area 3.03 fe Percent impervious 48.0% % Design rainfall depth 1.50 inch Peak Flow Calculations 10-yr storm runoff depth 0.84 in 1 0-yr storm intensity 10.00 in/hr Post -development 10-yr storm peak flow 37.03 if isec Velocity Maximum non -erosive velocity (peak 10-year storm) 5.00 ftlsec Soil characteristics (enter "x' below) Sand/sift (easlly erodible) X Clay mix (erosion resistant) Grass Type (enter "x" below) Bermuda Tall fescue Bahiagrass Kentucky bluegrass Grass4egume mixture Swale type: Fill out one of the options below: Option 1: Curb Outlet Swale: N (Y or N) Maximum velocity Side slopes :1 Swale length ft Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale): N (Y or N) Maximum velocity for 10-yr storm 2.38 fusee Side slopes 3.00 :1 Swale length 533.00 ft Swale Characteristics Swale Shape: Enter an "x' in the appropriate cell below: Trapezoidal Parabolic V-shaped Width of the bottom of the swale Width of the top of the swale Additional Information Is the swale sized for all runoff from ultimate build -out? Is the BMP located in a proposed drainage easement with a recorded access easement to a public Right of Way (ROW)? What is the distance from the bottom of the swale to the SHWT? What is the ground level elevation? What is the elevation of the bottom of the swale? What is the SHWT elevation? What is the longitudinal slope of the swale? 0.00 ft 17.63 ft ` i_ i • - Y (Y or N) OK 0.5E ft Insufficient distance to SHWT, unless conveyance swale only. 24.00 frml 19.50 fmsl 19.00 fmsl 0.00 % OK A CA 6 �,i Workshee$ Workshee$ for Triangular Channel Project Description Worksheet SWALE VII Flow Element Triangular Char Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic 0.030 Slope 002810 ft/ft Left Side Slope 0.20 V : H Right Side Slope 0.20 V : H ..Discharge 37.03 dii Results Depth 1.76 It Flow Area 15.5 fts Wetted Pedmi 17.98 ft Top Width 17.63 ft Critical Depth 1.28 ft Critical Slope 0.015629 ft/ft :Velocity 2.38" AN Velocity Head 0.09 ft Specific Enerc 1.85 ft Froude Numb, 0.45 Flow Type 3ubcritical Project Engineer: Julie Tuten w:1..lstormwaterlpiner run swales.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 02/11/16 12:28:01 PM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Project Name: Project Location: Piner Run Piner Road, Wilmington, New Hanover County, NC kept the fnl e m inn D This m intenance . cords II Maintenance records shall be :.�:�. on ....� ._.!_.....BMP(s). ,::a.:..�::..:.,,., ,,,�.,�, ohs,: be kept in a log in a known set location Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced Immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & a Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level Spreader/NFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Storrrwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: O&M tables will be added automatically): Location(s): Location(s): Location(s): On -site Drainage Areas A, B Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): On -site Drainage Areas A B. & C Location(s): Location(s): ,knowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. " Responsible Party Title & Organization Street address: City, state, zip Phone number(s): Email: Edward H. Clark Bill Clark Homes of Wilmington, LLC 127 Racine Drive Wilmington, NC 28403 910-350-1744 [Iweav6r@biliclarkhomes.com Signature:= Date:; t,- .`4 _. Q, , a Notary Public for the State of ; r` County of r E�,: - ; �c; , do hearty certify that . « , personally appeared before me this day of 'i✓'�c ,,y :: ; �. C�V and acknowledge the due execution of the Qperations and, Maintepance Agreement. Wtness my hand and official seal, %J4 r'�`•wi •i°q. _�t5;'; 'S\'-.r.✓.l. 1 �_4� � :'t t .. � ` � 1 � �� ,` aa! &T Lily commission expires _ _ _ _ - _ 2/24/2016 urassea swaie maintenance Kequirements Important maintenance procedures: The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed - swale. _ After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed swale. The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The entire length of the Trash/debris is present. Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re -sod (or swale erosive gullies have formed. plant with other appropriate species) and water until established. Provide lime and a one-time fertilizer application. Sediment covers the grass at Remove sediment and dispose in an area that will not impact streams the bottom of the swale. or BMPs. Re -sod if necessary. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. . long. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. !`S STORM-EZ 2/24/2016 •VUL UUMIu01.1 rums imztinurrmnL;es MUquirurnVn.us The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: _ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if In a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. inspection activates snail oe perrormea as twows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to a depth greater than the original design depth for Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replaglants. Provide a one-time fertilizer application to; pst i e rgtl*over if a soil test indicates it is necessary: t: Weeds are present. I Remove th'_;` eeds, .oreferabJy byatnd. If pesticide is used, wing it on the plants 1"O'er than spraying. `. vveir uetenrion rona maintenance Keguiremenrs 1c.onunueal The main treatment area Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage have occurred at the Contact the local NC Department of Environment and Natural Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. . �... ' ,V �'��{•. •. _ �: is STORM—EZ 2/24/2016 Wet Detention Pond Design Summary ,WET POND ID FOREBAYx MAIN POND A Permanent Pool El. 21 Permanent Pool El. 21 Temporary Pool El: 21.89 Temporary Pool El: 21.89 treatment other No Clean Out Depth: 3 Clean Out Depth: 5 an forebay? Sediment Removal El: 18 Sediment Removal El: 16 Has Veg. Filter? No Bottom Elevation: 17 Bottom Elevation: 15 WET POND ID FOREBAY MAIN POND B Permanent Pool El. 19 Permanent Poo! El. 19 Temporary Poo! El: 20.07 Temporary Pool El: 20.07 Prptrpatment other No Clean Out Depth: 4 Clean Out Depth: 6 than forebay? Sediment Removal El: 15 Sediment Removal El: 13 Has Veg. Filter? No Bottom Elevation: 1B Bottom Elevation: 12 WET POND ID FOREBAY MAIN POND C Permanent Pool El. 20 Permanent Pool El. 20 Temporary Pool El: 20.92 Temporary Pool El: 20.92 Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 7 than forebay? Sediment Removal El: 17 Sediment Removal El: 13 Has Veg. Filter? No Bottom Elevation: 1 16 Bottom Elevation: 12 b. The sediment and/or debris restricts the free flow of stormwater into the infiltration system and surrounding soils. S. The infiltration system shall be removed and replaced with new material when the system no longer permits the stormwater to freely infiltrate into the surrounding soils by proper maintenance. I acknowledge and agree by my signature below that I am responsible for the performance and maintenance procedures listed above. I agree to notify New Hanover Count of any problems with the system and prior to any changes to the system, or the change of responsible party. Print Name: Edward H e Clark Title: Manager, Bill Clark Homes of Wilmington, tLC Address: Phone: 127 Racine Drive, Suite 201 Wilmington, NC 28403 910-355-1744 Date: Marchl. 92016 Signature: '.. {,\'I ' a Notary Public for the State of County of - �t' °:Y��c ` do hereby certify that `, :` ', C fir. _,; .personally appeared before me this day of .y � ?a G `t. , 20 ]LL and acknowledge the due execution of the foregoing maintenance agreement requirements. Witness my hand and official seal, ��SHOL oe�aa�ee®o TAR My commission expires: 'j 44 OVER®G®®®®® High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Heath Clark , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intend ►fto ensura' ngoing compliance with State Stormwater Management Permit Number--' �' , L. { %N w' " , as issued by the Division of Energy, Mineral and Land Resources under the Stormwa er Mahagement Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built -upon area per lot is 4.200 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. OR, if the proposed built -upon areas per lot will vary, please -REPLACE #6 above with the following: A 7 The maximum built -upon area per lot, in square feet, is as listed below.• Lot # BUA Lot # BUA Lot # BUA Lot # BUA 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. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Form DRPC-3 Rev.2 05Nov2009 Page i of 2 High Density Residential Subdivisions Deed Restrictions & Protective Covenances Piner Run Subdivision Signature: Date: •`v1'�"'A a (Votary Public in the State of County of Y do hereby certify that '�, .'�:, ; ,, _ c� �� 4. ..:, .. personally appeared before me this the day of f` ` y:,.,,�. (_ ` , 20 "��,r , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature A, My Commission expires .. - i .._._..�..._..... ................ _�..__. Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 oNi aq N o o�� a a � C y L; 8 `fit 9 K�7V L. it • �y 0 O C! h l �, 64 e.. • co ¢ �'•Z w� C9- S1- T �S a a �� o � a n CCD a .+ c` d cr 9.tA ITI ROF to w G CD C ; �+ m o o i-+ is M a O s:C V00 gat LM 7 . O O v i W z. w SUPPLEMENT-EZ FORBI COVER PAGE y r,r•, �y,Y Please (mlkale uhe types, quanHHee and locations of SCMs that wHt be usod on Hns project: -s U -.. �Sturirr%zafer 4�.retter� f _ PorRsdal^ E'av¢_rnrEEE . -- Ssr� i"filer Gm -an Roaf _ LRVrti S, rp u*E.QE-E-f'�tF(Stt�7 - A�Ulsca inrcted tsrpar:�ous Surtr�ra.- `_�_ �F'rt<abn�sd Swaaie __ G pnnri�^ �- Designer Information for title project: Aomo and 'B hu - Org_en[-aGarr_ —1.5vidi� in rieg,Pfs Onve - w:itp,`{atu <ig: Vdt7hrFxft No :atw PhnE: rtumber(aj �89iSiitiel b Emall: Vnic7iiusl,=L3ius-pErxr men qA f \��•a�°�1;.Vpfi if Pa L/119fifi i SEA(._ 36677 • • ti �tf \Z Ott ° ba` Protect Name: Kaylies Cove ` I J 4 Glty is Tw�t�rE I Masmboro Townahip Applicant: Ga rpsny: _.._a �a ti fta� ar tr�dny7g�* t �. tfa'h�:f��siaCi Is11c7avi4JlwE - �C7p,. Str.�.. lip . rlrWtata�tcni�v s�S+t:i � - tfilorta riomtier(s4: i3tU-33J-S"t E•t __ `fined: rltbar� Lia+ >iiE !L`lFlrtiFlC:EY�Fs8.LtPni - -.� _ _ I eel*, uMIrF Fwyrm $'Of 0w; ?rat € us Suppbrnerd-U, fuim and nt supporting Information ware prepared uruler En:l &Mlor cr supwislon; r _ p tt mt Ms Pro-Odou' Sr• !N ,rem is. to the bout of my knowledge be.W.,1AID. and astrrnte. and coo mime And S n,9lure of Dw tg!r+r the; t a a tgi:�cv€Eqg j t+iela; si€; tiic:.f wrs, upuh&Gun and maintenance agreements urni other sapparung information are consistent with tits i:htom:ai7•: r, provitisa h� . I am aWaFB that 0eFC are silJnnrTl a nt canatdes for SutrmlHing 4aise 1: _... _ Dti<C' Tito :s:watiarE itFciu:+F.;[: lira :apes €tiiky :t sines and impdsoMhcnt for Imotvrt6 V01811011e 9a weR ss ^ 70;?7i` 1`H:inr made to my protessleral beard. Cover Page 1 3:29 PM 1 0/Wlala �{77 0 rn rt�m ! �y;��c ;.I[ F, � 1 to Fib y � �I iv - F 4 6 1 �., �' iii Qi -t•�f ''^+ S S tv �j r �' rt'P�,;I fw " S(14M a rot 's' tq' Fq;', CF• w, ("d `S {5 z�tc n 1 P. a!r f d z M lS d n 4i ,F tx `"&3K n z r 2 8 a r�i nst 3 I n g .©�j .� t � a 3 j I yr + 3' 3' $ a `' rs '� �. o .Y. o p C)' GY " TTii $$ 3 n ir '® O N r_- 0 �, 3 � via v � :n w P A- M Rjummml>gIr gloo w- fl I a Wir �� Ir a a st an HL g 2 pr j 1 IJ -9 R2 fit �rn - — — onlaraton & Maintenance Agreement Project Name: Project Location: Kaylies Cove 902 Piner Road, New Hanover County _ T Cover Pa e Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a login a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & col Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity:' Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: OW tables %,o Location Location Location Location wcat; cn Location Location, Loc-aticni i_ocatonl Locations Location) Location) Location{ Location] Location) s): s), s�. s): s): s): s): s): s): s): s): I ackrowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Homes Signature: a Notary Public for the State of i.. • , County of do haarby certify that `- .�+'• .:� lam. '�',.t.�.'-... personally appeared before me this _ „ day of _ (:-<. and acknowledge the due execution of the Operations and Maintenance Agreement . Witness my hand and official seal, '\/:4 41, sL��D9DD8�h . rely commission expires 1% cc°.t _: ` STORM-EZ Version 1.4 O&M Manual 10/2612013 Page i of 3 Wet Detention Pond Maintenance Requirements The wet detention Basin system is defined as the vvet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the • basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that Is required to establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than C.0 inches (or 1.5 inches if In a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. 'nenean4inn ��i•ri{i•... w4...11 6- _..e_� �.-_._----.-____._•_---_._ ...A�.e ...-_..-..... -I _ _ _ i—s-111swu as vuuws. Any promems inat are found shall be repaired immediately. BMP element: Potential problem: How_ I will remediate the problem: —" The entire BMP Trash/debris is present. Rernov —the trash/debris.The perimeter of the BMP Areas of bare soil andfor Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water unfit It Is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. Unclog the pipe. Dispose of the sediment off -site. The Inlet device The pipe is clogged. The pipe is cracked or Replace the pipe. othenrrlse damaged. Erosion is occurring in the Regrade the swale if necessary to smooth It over and provide erosion swale, control devices such as reinforced turf matting or dprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with dean stone. covered in sediment (If applicable). The forebay Sentiment has aevimulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. I sediment storage. Erosion has occurred: Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present — _._ Ithe Reprove the weeds, preferably by hand. If pesticide is used, wipe it on plants rather than spraying. The vegetated shelf Best professional praWoss jPrune according to best professional practices !-� shay that pru^jii1g is n asded to� (maintain optFFra�l olarrr " ea!'?h. Plants are deaddae:asrd ter Detarmine !lie scarce & tFze prolclem: soils. hydrology, disease sic, dying. �Remedy the problem and replace plants Provid8 a one t me fei��i ==r .application to estahlish the ground cover it ,a soil test indicstas it is rl-a:;e 5ary. Weeds are present. Remove the weeds, preferably by hand. if ;pesticide is used, wi a iI p Vl a plants rather than spraying. I { i STORM-EZ vara'rs 1.4 O&M Manual 10/28/2018 `age 2 of 3 ..Wet Detention Pond Maintenance Requirements (Continued) �— main treatment area�edi"'Te rt Etas acrum dated to Pearch for the source of the sediment and remedy the problem if �i e depth greater than the possible. Remove the sediment and dispose of it in a location where it ' �cricinsi design acrdiment will not cause impacts to streams or the BMP, storage depti - {algal grovAh rz ers over 50% Consult a professional to remove and control the algal growth. of the area. 1.ar.211s, pnragnttes of otherRemove the plants by wiping thorn with pesticide (do not spray). in"'OeVse plant- CCvr'r 50% of the '"' wn qu..Pfa e. embankment (Shrubs hav'rz starled to grow Remove shrubs immediately. uil the embark-rnent.. vidence of muskrat or beaver Use traps to remove muskrats and consult a professional to remove lactivity is prosent. beavers. IA trtrae ha€ y?arte(! to. grow on Consult a dare, safety speciWist to remove ttbe trr.r. Me ongaartlrrT ont. r%rr arrrruar rrrspection oy an appropriate professional MaKe all needed repairs. shows that the embankment needs repair. (f applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and damage have occurred at the Resources Regional Office. The measuring device used to de-f9mlinP the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. VYet Detention Pond DesGo—Summary WET POND ID A FOREBAY MAIN POND Pretreatment other Permanent Pool El. Temporary Pool El: 21 21,98 Permanent Pool El, Temporary Pool El: 21 21.98 than forebay? No Clean Out Depth: 5 Clean Out De Depth: 6 Has Veg. FIRer7 No Sediment Removal El: 16 Sediment Romoval El: 15 Bottom Elevation: 1 15 Bottom Elevation: 14 WET POND ID B FOREBAY Permanent Pool El. MAIN POND Pretreatment other Temporary Pool El: 19 19_88 aemanant Fool EL Tempe; gr° Pool Ef: 19 19.83 than forabay? � lv: Clean Out Depth: p 4 Clean Out Depth: 4 Has Veg. Filter? Ilia Sediment Removal El: 1s Se 1mant Removal El: 11 Bottom Elevation: 14 Saitom Elevation. 10 RirI:T P0,N'D le FOREBAY Rg,?itN :'OR D Permanent Pool El. 20 Permanent Poal EL 20 Pretreatment ather Temporary Pool El: 20.96 Temporary Pool El: 20.98 than forabay? No Clean Out Depth: 4 Clean out Depth: a Has Veg. Filter? No Sediment Removal El: Bottom Elevation: 1s 16 Ssulmani Removal Ei: 12 Sofom Elevation: f VVET 'CaND to f D FOREBAY i'i "..MiN PONT" Preireatmant ether Permanent Pool El. Temporary Pool Eli 19.5 20.69 Fes• r:ma srlt 6300i EI. T« ,mporsry Paol El: 1g.6 2[:.69 than forebay? No Clean Out De Depth: 4 r;lr =an Out Depth: 4 r Vag-`tlf'`Y` tV0 Sediment Removal El: 15.5 Sedirrfant RaMoval =i;' + . 15.i Bottom Elevation: 14.5 r?r;t,c,rr Eisv3rtois:• A:. '1d,6 ; J STCR,`v!-EZ Verslon 1.4 O&M Manual I=512018 Page 3 of 3 High Density Residential Subdivisions Deed Restrictions & .Protective Covenances In accordance with Title 15 NCAC 21-1.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Edward H. Clark acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Kaylies Cove prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8160310 as issued by the Division of Energy, Mineral and L&7d Resources under the Stormwater anagement Regulations. ?_. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3, These covenants are to run tgvsth the /and and be binding on all persons and parties claiming urea, them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express writtei3 consent of the State of Nortl; Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum built -upon area per lot, in square feet, is as listed below: SEE ATTACHED TABLE 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 upop includes, but is not limited to, structures; asphalt, concrete, gravel, brick, stone, slate, coquina a.ILI parking areas, but does not include raised, open decking, or the water surface of sw irnming poc!s. 7. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a varletyof o7eans inch.,d ng ioaf drain gutters 0V;:,- ? drain to tale stree:, a:+a;�� the lot to drain toward the street, or grad0a perimeter swales to collect the Ict :rYmnoff anof dkeot7n #+t; &17 into a component of the stoma -user co#ecti6n system. Lots that will naturally drain i;a,o the sys eri; are not required aide these additional rneasumes. Signature: L.-✓ +�F Date:d�14t a ` i�'oiarPublic t + � dt311C In 11e State of \.�� tlti �` [` , :� .-�. , CaurBty of do hereby certify that�.�,t.. per,o,.31<y appeared before me this the " 1 day of C, _ , 20_ and acknowledge the due execution of the inst" urea„t, Witness my hand and official seal, �9��yR@66E600B6��� Signature _.+r 92�~ c My Commission expinas P.,rtn DRPC-3 Rev.2 05Nov2009 Page. 1 of t Wet Pond A _ LOT ## �__.. BUA 1 4200 2 4200 3 4200 4 420 5 440 6 42LIO 7 4200 8 4200 9 4200 10 420LI 11 4200 12 4200 13 4200 14 4200 15 4200 16 4200 17 4200 18 4200 19 4200 20 4200 21 4200 22 42001 23 4200 24 4200 25 420U 26 4200 27 42a0��0 72 4200 73 4'�J f 4 420CI 75 4200 '6 4'LrOt 77 42 L . 78 A2 • 79 4200 TOTAL= 1 ';'2r00 LOB' BUS. TABLE—KJAYLIES DOVE # 30 4200 31 4200 32 4200 33 4200 34 4200 35 4200 36 4200 37 4200 38 4200 39 4200 40 4200 41 4200 42 4200 43 4200 44 4200 45 4200 58 4200 59 4200 60 4200 61 4200 62 4200 63 4200 64 4200 65 4200 66 4200 67 4200 71 4200 TOTAL= 1 '? 7600 Pond C LOT # I BUA 46 4100 47 4100 48 4100 49 4100 50 4100 51 4100 52 4100 53 4100 54 4100 55 4100 56 4100 57 4100 68 4100 69 4100 70 4100 TOTALS v1lAOe Wet Pond D 8o 4100 81 4100 82 4100 83 4100 84 4100 85 4100 86 4100 87 4100 88 4100 89 4100 90 4100 91 4100 92 4100 93 4100 94 4100 95 4100 96 4100 97 4100 98 4100 99 4100 100 4100 101 4100 102 4100 103 4100 104 4100 105 4100 106 4100 107 4100 108 4100 109 4100 110 4100 TOTAL= 127100 dill (merit Homes ga gram BillClarkHomes.com OFFICE (910) 350-1744 FAR. (910) 350-1339 127 Racine Dr., Suite 201, Wilmington, NC 28403 March 27, 2020 +: MAY 5 2020 i Subject: Kaylie's Cove Property Owners Association, Inc. By. HOA President - Edward Heath Clark To Whom It May Concern, Per the Covenants and Restrictions of the Kaylie's Cove Property Owners Association, Inc., Edward Heath Clark is the appointed President and this remains in effect at this time. Signature: Ce, C Edward Heath Clark Date: 3-o'�1- ?_p I, woo A - a Notary Public for the State of County of N \Nor,c> ,e do hereby certify that personally appeared before me this &—k day of VNZ-NC and acknowledge The due execution of this letter. Witness my hand and official seal, My Commission expires .t"Q AC -A SH04����� Z V �m �BL�G Zt Z �BOOVER CA 0e� I I I I I I � c I I I I v W W 40 im Gi cc W 0 W @ 1c-� 1D V f+ fT` U1 Fes+ Q. in 4 OG 1p CD V V W kQ FA �#i � 14 V C3 W kC V CR OD¢i � 606V 1 G06N `06 L--Jt i �l I n m 2 I rn � a I! MAY 0 5 2020 lie BY: BK: RB 6230 PC: 2686 - 2589 RECORDED: 07117F I9 03:26:37 PM BY: KELLIE GILES DEPUTY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NC FEE $26.00 2019021973 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY REGISTER OF DEEDS EXTX $0.00 ELECTRONICALLY RECORDED AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S. COVE COMMUNITY ("Amendment") is made this 15th day of July , 2019 by BILL CLARK HOMES OF WILMINGTON, LLC ("Declarant"). RECITALS A. Declarant caused to be recorded that certain Declaration of Covenants, Conditions, and Restrictions for the Kaylle's Cove Community in Book 6089, Page 759 in the office of the Register of Deeds of New Hanover County (the "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the content shall otherwise prohibit. B. The Declarant desires to amend the Declaration as set forth herein. C. Pursuant to Article XIV, Section 3 of the Declaration, during the Development Period, Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. E C F- MAY 0 5 2020 BY. -- submitted electronically by "Bailey & Busby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. ----- ---- _"v_ ___. NOW, THEREFORE, Declarant, exercising its right to amend the Declaration pursuant to the provisions set forth above, hereby amends the Declaration as follows: 1. Article XII of the Declaration, Use Restrictions, is amended by adding the following as Section 28: "Tree Protection Standards. In accordance with the New Hanover County tree protection standards, two (2) 3" caliper canopy trees shall be planted in the front of each Lot before a dwelling on the Lot is initially occupied. No activity can take place that would result in the removal of the tree, unless the tree is shown to be dead, dying, or severely damaged as a result of natural factors. If removal is allowed and approved by the Declarant or the ARC, as the case may be, the tree must be replaced with a similar size and species as specified by the County." 2. Except as expressly provided in the paragraph above, the terms and provisions of the Declaration shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF, the Declarant, acting pursuant to the authority above recited, has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given, this the day and year first above written. BILL CLARK HOMES OF WILMINGTON, LLC (SEAL) By; G C-,O (SEAL) Name:wramn �G Title: r AAjA!?a-- ,tea` i 4_Mr / 0� STATE OF NORTH CAROLINA COUNTY OF k a��A c-%nw&y I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein and, if other than in an individual capacity, in the capacity indicated having been first authorized to de so: Date: � �,. \z> ao\S (O�cial Seal) kltlo Ll -&CL&CZ Signature o tary Public Notary's prin ed or typed name My commission expires: \` p �b Notary seal or stamp must appear within this box. fj STATE OF NORTH CAROLINA COUNTY OF iVa ; ;, AC,cx�,,/ I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein and, if other than in an individual capacity, in the capacity indicated having been first authorized to do so: Date:,, i5U�a ignature otary Public Notary's printed or typed name My commission expires: Z4 We :WDO (Official Seal) ``G SHSHO(��;� �o �iAgy " v= d 'O1181.�G R,Ay�NoV ER '•1.,,1W,, Notary seal or stamp must appear within this box. ND: 4845-2170-2297, v. 1 4 BK: RB 6230 PG: 1628 -1631 RECORDED: 07/16/2019 03:31:36 PM BY: STEPHANIE PEREZ DEPUTY NC FEE $26.00 2019021788 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY REGISTER OF DEEDS EXTX $0.00 ELECTRONICALLY RECORDED SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR KAYLIE'S COVE COMMUNITY (ANNEXING PHASE 3) THIS SUPPLEMENTAL DECLARATION, made and entered into this)6'_'�'day of i-�► , 2019 by Bill Clark Homes of Wilmington, LLC, a North Carolina limited liability company (hereinafter referred to as "Declarant"). WITNESSETH WHEREAS, the Declaration of Covenants, Conditions and Restrictions for the Kaylie's Cove Community is recorded in Book 6089, at page 759 in the Office of the Register of Deeds of New Hanover County, North Carolina (such instrument as supplemented and amended is herein referred to as the "Declaration"); and WHEREAS, Article II, Section 2 of the Declaration provides that Declarant has the right to annex additional real property to said Declaration and the option to subject said property to additional easements and covenants. WHEREAS, Declarant is the owner of the real property depicted on a plat entitled "Kaylie's Cove - Phase 3" recorded in Map Book 66 at Page 249 in the Office of the Register of Deeds of New Hanover County, North Carolina ("Additional Property"). WHEREAS, it is the intention of Declarant to subject all of Additional Property to the Declaration and the jurisdiction of Kaylie's Cove Property Owners Association, Inc. NOW, THEREFORE, Bill Clark Homes of Wilmington, LLC, Declarant, hereby declares as follows, to -wit: submitted electronically by "Bailey & Busby, PLLC" in compliance with North earolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Annexation to Kaylie's Cove Community.All of the property shown and described on the plat entitled "Kaylie's Cove - Phase 3" recorded in Map Book 66, at Page 249 in the Office of the Register of Deeds of New Hanover County, North Carolina, is and hcicaIIei° siiall be held, iransferred, soid and conveyed subject to the Declaration of Covenants, Conditions and Restrictions for the Kaylie's Cove Community recorded in Book 6089, at Page 759 in the Office of the Register of Deeds of New Hanover County, North Carolina as the same may be further amended and supplemented from time to time , and further, that the Additional Property is hereby subjected to the jurisdiction of Kaylie's Cove Property Owners Association, Inc. The said property annexed herein shall be subject to all terms, requirements and conditions of said Declaration and all amendments thereto the provisions of which are hereby incorporated as though fully set forth herein IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, LLC has caused this Supplemental Declaration to be executed on the day and year first above written. BILL CLARK HOMES OF WILMINGTON, LLC (SEAL) By. . C�e <o Edward H. Clark, Manager r// ■Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person personally appeared before me this day, acknowledging to me that he signed the -foregoing document for the purpose(s) stated therein, in the capacity. indicated therein: EDWARD H. CLARK. Date: Signature otary Public _rVQAC 4 t 5� y5 :Notary's prin ed or typed name My commission expires: (Official Seal) `G�`gHOt4 ,6,,.,,�'i Z Z !� '°lJB4tG OER r 1,111 Notary seal or stamp must appear within this box. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person personally appeared before me this day, acknowledging to me that -lh- signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: CHERYL BLANTON. Date: �i MA Signature of Totary Public Nvaf Notary's printed or typed name My commission expires: (Official Seal) Notary seal or stamp must appear within this box. �p - Mh-y (A0 pTi STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 13K: RB 6197 I�11111111111 Ii;ii+i+;mlilillIlll PG: 14834487fIIl RECORDED: 2019006285 NC FEE $MOO 02-26-2019 NEW HANOVER COUNTY, MC 02: S 5:32 PM TAMMY THEI)SCH BEASLEY BY: STEPHANIE PEREZ REGISTER OF DEEDS DEPUTY AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY ("Amendment") is made this 11-day of February, 2019 by BILL CLARK HOMES OF WILMINGTON, LLC ("Declarant"). RECITALS A. Declarant caused to be recorded that certain Declaration of Covenants, Conditions, and Restrictions for the Kaylie's Cove Community in Book 6089, Page 759 in the office of the Register of Deeds of New Hanover County (the "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. B. The Declarant desires to amend the Declaration as set forth herein. C. Pursuant to Article XIV, Section 3 of the Declaration, during the Development Period, Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. RETURN TO SMOEL & RHOIDENJUSER NOW, THEREFORE, Declarant, exercising its right to amend the Declaration pursuant to the provisions set forth above, hereby amends the Declaration as follows: 1. Article XIII, Section 5 of the Declaration is amended by deleting the first sentence of subsection (a) in its entirety and inserting the following in lieu thereof: "The maximum allowable built upon area per Lot is 4,200 square feet for Lots 1-45 inclusive, 58-67 inclusive, 71-79 inclusive and 4,100 square feet for Lots 46-57 inclusive, 68-70 inclusive, 80- 110 inclusive." 2. Except as expressly provided in the paragraph above, the terms and provisions of the Declaration shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF, the Declarant, acting pursuant to the authority above recited, has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given, this the day and year first above written. BILL CLARK HOMES OF WILMINGTON, LLC (SEAL) . � r By: (SEAL) Name: Title: \Ac&nC&ew ►r d 6 ----- --_ - -o- ---- T ATE OF NORM CAROLINA COUNTY OF Neu, air %kow 1 certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein and, if other than in an individual capacity, in the capacity indicated having been first authorized to do so: 3 C)rV% - " Signature o tary Public Notary's prirked or typed name My commission expires: \ ame) (Official Seal) 0A 9HO4,oA, ��� wTll�y w PER Notary seal or stamp must appear within this box. 3 0TA T C OF NORTH CAROMI A COUNTY OF deb w I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purpose(s) stated therein and, if other than in an individual capacity, in the capacity indicated having been first authorized to do so: M, W a (Official Seal) �,n J V Zo gev kf'.n.v �6Q'g�) ignature 4eWotary Public :Aie j �n� Notary's print d or typed name My commission expires: N, Q I AL'aopo Notary seal or stamp must appear within this box. 943362-OOOO1ND: 4844-6041-6047, v. 1 4 TANIMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 F M W� State of North Carolina, County of NEW HANOVER Filed For Registration: 02/26/2019 02:15:32 PM Book: RB 6197 Page: 1483-1487 5 PGS $26.00 Real Property $26.00 Recorder: STEPHANIE PEREZ Document No: 2019005285 �****t***rat,t*+r,t**.********r*�*t*:.ft*****,►�**ra*t.*tif,�.fttfr*****t****t*r*r*****,r##t******tf*f*ft•**f#***,► DO NOT REHOVE9 This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. BK: RB 6165 PG: 577 - 580 NC FEE $26.00 2018027022 RECORDED: 08/2412018 NEW HANOVER COUNTY, TAMMY THEfiSCH BEASLEY 11:18:00 AM EX''X $0,00 REGISTER OF DEEDS BY: ANDREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED SUPPLEMENTAL DECLARATION OF COVENANTS. CONDITIONS. ANL? RESTRICTIONS FOR KAYLIE'S COVE COMMUNITY (ANNEXING PHASE 2) 0 w THIS SUPPLEMENTAL DECLARATION, made and entered into t1u �ay of 2018 by Bill Clark Homes of Wilmington, LLC, a North Carolina limited liability 4J com any (hereinafter referred to as "Declarant' IA •r i1 C1 W ce WITNESSETH E 7 ` u +J V = WHEREAS, the Declaration of Covenants, Conditions and Restrictions for the Kaylie's a U Cove Community is recorded in Book 6089, at page 759 in the Office of the Register of Deeds of New Hanover County, North Carolina (such instrument as supplemented and amended is herein `o g referred to as the "Declaration"); and u� ax WHEREAS, Article II, Section 2 of the Declaration provides that Declarant has the right to annex additional real property to said Declaration and the option to subject said property to a a � additional easements and covenants. a> Or oM4J &'� WHEREAS. Declarant is the owner of the real property depicted on a plat entitled "Kaylie's 0 � Cove - Phase 2" recorded in Map Book 65 at Page 100 in the Office of the Register of Deeds of New a Hanover County, North Carolina ("Additional Property"). CcLna L. 3 WHEREAS, it is the intention of Declarant to subject all of Additional Property to the Ow Declaration and the jurisdiction of Kaylie's Cove Property Owners Association, Inc. d V •r NOW, THEREFORE, Bill Clark Homes of Wilmington, LLC, Declarant, hereby declares ed z a as follows, to -wit: r s CL}J O N L i +JDO u mda r UE � C L eda 'G •r FJ N r' �+ a a 41 E r •r O f, E U Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Please return to Ward and Smith. P.A.. 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Attention: Samuel B. Franck 1. Annexation to Kaylie's Cove Community., ommunitv All of the property shown and described on the plat entitled "Kaylie's Cove - Phase 2" recorded in Map Book 65, at Page 100 in the Officc of Liic Rcg10Lei of Deeds of 14"Ew 71"'anover County, North Carolina, is and hereafter shall be held, transferred, sold and conveyed subject to the Declaration of Covenants, Conditions and Restrictions for the Kaylie's Cove Community recorded in Book 6089, at Page 759 in the Office of the Register of Deeds of New Hanover County, North Carolina as the same may be further amended and supplemented from time to time , and further, that the Additional Property is hereby subjected to the jurisdiction of Kaylie's Cove Property Owners Association, Inc. The said property annexed herein shall be subject to all terms, requirements and conditions of said Declaration and all amendments thereto the provisions of which are hereby incorporated as though fully set forth herein IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, LLC has caused this Supplemental Declaration to be executed on the day and year first above written. BILL CLARK HOMES OF WILMINGTON, LLC (SEAL) Y• Edward H. Clark, Manager By: G Ch lanton, Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER i certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: EDWARD H. CLARK. Date: 2�, ignature offflotwy Public ~`�V Notary's printed or typed name My commission expires: %,r j (Official Seal) Notary seal or stamp must appear within this box. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person personally appeared before me this day, acknowledging to me that she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: CHERYL BLANTON. Dater Z1 rya Lt1 (Official Seal) t %SNOLd11j,,®rr CAARk U Notary seal or stamp must appear within this box. ND: 4849-5975-4096, v. 1 J Sfgnature£q ®tarn Public Notary's printed or typed name My commission expires: (KQ . BK: RB 6106��i�Il�I�I����G �$ RECORDED: 12-012017 2017038719 NEW HANGVER COlil�'�Y, NC NC FEE 52es o0 11:12:24 AM TAFAMY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGISTER OF DEEDS DEPUTY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY ("Amendment") is made and entered into as of the Isy- day of December, 2017 by KAYLIE'S COVE PROPERTY OWNERS ASSOCIATION, INC., a North Carolina non-profit corporation ("Association"). RECITALS: A. Bill Clark Homes of Wilmington, LLC, a North Carolina limited liability company ("Declarant") caused to be recorded the Declaration of Covenants, Conditions, and Restrictions for the Kaylie's Cove Community in Book 6089, at Page 759 in the office of the Register of Deeds of New Hanover County (as amended and supplemented, the "Declaration"). The capitalized terms set forth in this Amendment shall have the same meaning as set forth in the Declaration unless otherwise defined or the context shall otherwise prohibit. B. - Pursuant to Article XIV, Section 3 of the Declaration, the Association may amend the Declaration with the affirmative vote of, or written agreement signed by, Owners of Lots to which at least sixty-seven percent (67%) of the total votes in the Association are allocated and the written consent of Declarant. Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 P PAse return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Attention: Justin M. Lewis A&, RETURN TO ----- - -- --o- - -- C. The Association has obtained the affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the total votes in the Association are allocated and the written consent of Declarant to amend the Declaration as set forth herein: NOW, TBEREFORE, the Association, pursuant to the authority set forth above, does hereby amend the Declaration as follows: 1. Article 11, Section 2 of the Declaration is deleted in its entirety and the following is inserted in lieu thereof: Section 2. Annexation of Additional Propert-. At any time prior to December 31, 2030, any property, including without limitation the property described in Exhibit "B" attached hereto and made a part hereof, (the "Additional Property") may be annexed by the Declarant without the consent of the Members and therefore become subject to this Declaration by the recording by Declarant of a plat showing such property to be annexed and of a supplementary declaration extending the operation and effect of this Declaration to the property to be annexed. Any property annexed pursuant to this subsection may be annexed and subjected to this Declaration as one parcel or as several parcels at different times. The addition of such property pursuant to this Section may increase the cumulative number of Lots within the Properties and, therefore, may alter the relative maximum voting strength of the various types of Members. A supplementary declaration may contain such complementary additions to and modifications of the covenants and restrictions contained in this Declaration, including, without limitation, different voting rights and different annual and special assessments for the Lots or Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to reflect the different character or use of the property added. In no event, however, shall any supplementary declaration revoke, modify or add to the covenants and restrictions established by this Declaration so as to materially and adversely affect any portion of the Properties already subject to this Declaration. A supplementary declaration annexing additional property need only be executed by the Declarant and, if applicable, by the owner of the properiy being annexed, and shall not require the joinder or consent of the Association or any of its Members. Nothing contained in this Article shall be construed to obligate or require Declarant to make any additions to the Properties. 2. Except as expressly provided in the paaagraph above, the terms and provisions of the Declarationshall continue in full force and effect according to the terms as modified hereby. i1 IN TESTIMONY WHEREOF, the Association, pursuant to the authority above recited, and the Declarant have caused this Amendment to be executed under seal and in such form as to be binding and effective the day and year upon recording this Amendment in the office of the Register of Deeds of New Hanover County, North Carolina. KAYLIE'S COVE PROPERTY OWNERS ASSOCIATION, INC. (SEAL) By: (SEAL) STATE OF No%kRn Q cAa ;-n- COUNTY OF AN a;;AC�,XMy- I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: _C—a vA % Qc..v Date: `y m k*e, (Official Seal) VOiLD ®e s � �pTARY s r ovot [Totary k�f!,AX -XVA�AnJD Signature a ary Public Notary's printed or typed name My commission expires: � or stamp must appear within this box. 3 The Declarant joins herein for the purpose of consenting to the Association's actions pursuant to the Declaration. BILL CLAD HOMES OF WILMINGTON, LLC (SEAL) a North Carolina limited liability company By: (f -2 ( -C' Q�::) (SEAL) Name:W Ctati`v, Title: T-�is v �-SCcx, MO P j— By: (SEAL) Name: Title: AAA _ STATE OF No,4U-e C'C`�yc.)\i nC I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: \k C cki Date: Notary's prin d or typed name My commission expires: a o1� (Offlcical Seal) 'twill SH04 -f1f s pUp z s %yy v °moo. Notary seal or stamp must appear within this box. STATE OF NmU-\ Cc r,fok rNn, COUNTY OF �� Ace "Q e I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: e�TAgj_ az �® e 943362-OOOO1ND: 4813-3873-1350, v. 1 Signature o t-my Public Notary's printad or typed name My commission expires: M G�UNF Y.+yc�h TAMMY THEUSCH[ BEASLEY New Hanover County ' = o � Register of Deeds Register Of Heeds 's ,2 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • ?Fax 910-798-7716 �s• 0 State of North Carolina, County of NEW HANOVER Filed For Registration: 12/01/2017 11:12:24 AM Book: RB 6106 Page: 339-345 7 PGS $26.00 Real Property $2600 Recorder: STEPHANIE PEREZ Document No: 2017038719 f#######t*###*######################*#iFU**########`i#########•###*###########YF*###*####s1F4*fFitfii####*�###,kt,t DO NOT REMOVE G This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. BK: RB M9 11111101111111111111 PG- 758.804 REGARDED 20i T030375 NG FEE 5146.00 09-19-2017 NEW HANOVER COUNTY, NC 12-53:35 RA TAMWTHEUSM BENLEY BY: ANGELA FNGWSR AEQWM OF DEEDS DEPUTY (Top PoMon for recording purposes) . THIS DOCENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR THE KAYLIE'S COVE COMMUNITY ("Declaration") is made this 11 day of . Septenber , 2017 by BILL CLARK IIOl'M; OF W1LIVINGTON, LLC, (hereinafter collectively referred to as "Declarant"): WITNESS TO: WHHEREAS, Declarant is the o Amer of certain real property located in New Hanover County, North Carolina, which is more particularly described on Exhibit "A" attached hereto and made a part hereof by reference (hereinafter sometimes referred to as the "Property-). WHEREAS, Declarant desires to create on such property an exclusive residential community of single-family homes to be known as Kaylie's Cove (hereinafter sometimes referred to as "Subdivision"); WHEREAS, Declarant desires to provide for the maintenance and upkeep of the common area within the Subdivision and to provide for enforcement of covenants and restrictions applicable to the Subdivision, and, to that end, desires to create a planned community pursuant to the provisions of Chapter 47F of the General Statutes of North Carolina (the "Act"), Ew.d to uubJect all of the property -viithin the Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; WHEREAS, Declarant has deemed it advisable to create an organization to own, maintain and administer the Common Area (as hereinafter defined), to administer and enforce the covenants and restrictions applicable to the Subdivision, and to collect and disburse the assessments and charges hereinafter created, and Declarant has therefore incorporated under North Carolina law as a non-profit corporation, the KAYLTE'S COVE PROPERTY OWNERS ASSOCIATION, INC., for the purpose of exercising the aforesaid functions. NOW, THEREFORE, Declarant declares that the Property and such additio�.s � -tv as may hereafter be made pursuant to Article H hereof, is and shall be owned, held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, all of which shall run with the real property and be binding on all parties owning any right, title or interest in said real property or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section l . "Act" shall mean and referto Chapter 47F of the General Statutes of North Carolina, designated as the North Carolina Planned Community Act. Section 2. "Association" shall mean and refer to the KAYLIE'S COVE PROPERTY OWNERS ASSOCIATION, LNC. a North Carolina non-profit corporation, its successors and assigns. Section 3. "Association Document" shall mean collectively the Articles of Incorporation of the Association, the Bylaws of the Association, this Declaration, any supplemental declaration as may be applicable to separate portions of the Properdes; the rules and regulations, the Architectural Guidelines, and any resolutions adopted by the Board, all as may be amended, restated and revised from time to time. Any exhibit, schedule or amendment to an Association Document shall be considered a part of that docent. Section 4. "Board of Directors" or "Board" shall mean the body responsible for administration of the Association selected as movided in the Bylaws. Section 5. "Builder" shall mean and refer to any persons, firms or entities that purchase one or more Lots in the Properties for the purpose of constructing a Dwelling for resale to consumers in the ordinary course of its business. Section 6. "Common Area" shall mean and refer to any and all real and personal property in which the Association now or hereafter owns, leases or otherwise holds possessory or use rights for the common use and enjoyment of the Owners, including easements held by the Association for those purposes. Common Area shall include, without limitation, all sidewalks, recreation areas, roadways, and streets within the Subdivision. Except as otherwise provided in this Declaration, the Common Area shall be maintained by the Association or its successors in interest. Section 7. "Development Period" shall mean the period ending on the earliest of (a) thirty (30) years from the date this Declaration is recorded in the Register of Deeds of New f lacnuftr Cotwty; pro-videcl, that if Declarant is delayed l a the improvement and development of he krr perties as a result of'a sevvor, water or building permit moratorium or other cause or event beyond Declarant's control, then the aforesaid period sMI be extended for the length of the delay 2 plus an additional two (2) years upon written notice to the Association of such extension; or (b) the date specified by Declarant in a written notice to the Association that the Development Period is to terminate on that date so stated. Section 8. "Declarant" shall mean and refer to Bill Clark Homes of Wilmington, LLC. It shall also mean and refer to any person, company or entity to whom or which Declarant shall assign or delegate the rights and obligations of Declarant by an assignment of Declarants rights recorded in the applicable public registry for New Hanover County, North Carolina. Section 9. "Lot" shall mean and refer to any plot of land other than Common Area, with delineated bowndarj lines, shown on any recorded subdivision plat of the Properties that may be independently owned and conveyed. In the event that any Lot is increased or decreased in size by recombination or resubdivision through recordation of new subdivision plats, any newly - platted Lot shall thereafter constitute a Lot. The term shall refer to the land which is part of the Lot as well as any improvements thereon including the Unit or Dwelling. Section 10. "Member" shall mean and refer to every person or entity who or which holds membership in the Association as set forth in this Declaration. Section 11. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having an interest in a Lot solely as security for the performance of an obligation. Section 12. "Permit" shall mean North Carolina Stormwater Management Permit No. SW8 160310 issued for the Property, and any additional North Carolina Stormwater Management Permits, applicable to the Property, and any amendments, additions, or replacements thereof. Section 13. "Properties" or "Property" shall mean and refer to the property described in Exhibit "A' to this Declaration, together with such additional property as is subjected to this Declaration in accordance with Article II. Section 14. "Unit" or "Dwelling" shall mean and refer to any building or portion thereof within the Properties which is designated and intended for use and occupancy as a residence by a single family, whether by the Owner of such Unit or by tenants or lessees of such Owner. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND WITHLN THE JMSDICTION OF THE KAYLIE'S COVE COMMUNITY Section 1. Existing P� The real property which is and ;Ball be held, transferred, sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof, which is within the jurisdiction of the Association, is described on Exhibit "A" attached hereto. Section 2. Annexation of Additional Pronertv . At any time prior to December 31, 2030, additional land within the property described in Exhibit "B" attached hereto and made a part 3 ----- ---- - - -- .hereof (the "Additional Property") may be annexed by the Declarant vri-thout the consent of the 'Members and therefore become subject to this Declaration by the recording by Declarant of a Plat showing such property to be annexed and of a supplementary declaration extending the operation and effect of tFis Df �O rattbn to the property tip be =e^-xzd. A-m—thammoie, tit any time during the Development Period, additional land not within the Additional Property may be annexed by the Declarant without the consent of the Members and therefore become subject to this Declaration by the recording by Declarant of a plat showing such property to be .annexed and of a supplementary declaration extending the operation and effect of this Declaration to the property to be annexed. Any property annexed must be contiguous to property already subject to this Declaration. Any property annexed pursuant to this subsection may be annexed and subjected to this Declaration as one parcel or as several parcels at different times. The addition of such property pursuant to this Section may increase the cumulative number of Lots within the Properties and, therefore, may alter the relative maximum voting strength of the various types of Members. A supplementary declaration may contain such complementary additions to and modifications of the covenants and restrictions contained in this Declaration, including, without limitation, different voting rights and different annual and special assessments for the Lots or Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to reflect the different character or use of the property added. In no event, however, shall any supplementary declaration revoke, modify or add to the covenants and restrictions established by this Declaration so as to materially and adversely affect any portion of the Properties already subject to this Declaration. A supplementary declaration annexing additional property need only be executed by the Declarant and, if applicable, by the owner of the property being annexed, and shall not require the joinder or consent of the Association or any of its Members. Nothing contained in this Article shall be construed to obligate or require Declarant to make any additions to the Properties. Section 3. Annexation of Additional Property by Members. The Association may subject any contiguous property to the provisions of this Declaration with the consent of the owner of such property, the affirmative vote of Owners representing sixty-seven percent (57%) of the votes of the Association represented at a meeting duly called for such purpose, and the consent of Declarant during the Development Period. The Additional Property shalt be annexed by the recording by the Association of a plat showing such property to be annexed and of a supplementary declaration extending the operation and effect of this Declaration to the property to be armexed. Section 4. Conveyance of Common Area in Annexed Property. Promptly upon request of Declarant, the owner of the annexed property shall convey any or all Common Area located within the newly annexed property to the Association or, if requested by the Declarant, to the Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in Section 3 of Article P'J of this Declaration. Section 5. Mier. Additional property may also be made subject to this Declaration by merger or consolidation of the Association with another norr proflt corporation formed for the same or similar purposes in accordance with the provisions of Section 2-121 of the Act. The surviving or. consolidated association shall administer the covenants and restrictions established by this Declaration within the Properties and the covenants and restrictions established upon 4 Property otivned by the other association as one scheme. No such merger or consolidation shall cause any revocation, change or addition to this Declaration. Section 6. Effect of Addition of Pro M- . Except by amendment of this Declaration as provided in Section 3 of Article XIV hereof, no addition of property, whether by annexation, merger or consolidation, shall revoke or modify any provision of this Declaration as to the Properties already subject hereto or diminish the rights of the Owners of Lots and Units within the Properties, except for the dilution of voting strength that occurs as a result of inclusion of additional 'Members of the Association. ' action 7. Withdrawal of Proper . Declarant reserves the right to amend this Declaration so long as it has a right to annex Additional Property pursuant to this ,Article for the purpose of removing any portion of the Properties then owned by Declarant or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Subdivision. Section 8. Good Faith Lender's Clause Any violation of these covenants, conditions or restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or commercial Unit, which liens may be enforced in due course, subject to the terms of this Declaration. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Memberslun. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated fmm ownership of any Lot. Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the ownership of the Lots and may not be separated from ownership of any Lot. All Owners shall have one (1) equal vote for each Lot in which they hold the interest required for membership under Section 1 above, provided there shall only be one (1) vote per Lot. When more than one person owns an interest (other than a leasehold or security interest) in any Lot, all such persons shall be Members and the voting rights appurtenant to their Lot shall be exercised as they, among themselves, determine; but fiwdonal voting shall not be allowed, and in no event shall more than one vote be cast with respect to any Lot. ARTICLE IV PROPERTY RIGHTS Section 1. Owners' E-m ents of En jovment and Access. Except as limited by the provisions of this Section i and by the nilcs and regulations adopted by the Board, every Owner shall have a right and easement of enjoyment in, use of and access to, from, and over the Common Area, which right and easement shall be appurtenant to and shall pass with title to every Lot, subject to: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facilities situated or constructed on the Common Area and to limit the use of 5 such facilities to Owners and to their families, tenants and guests, as provided in Section 2 of this Article IV. (b) the right of the Association to suspend the voting rights of fm Owner subject to a hearing or opportunity to present evidence in accordance with Section 47F-3-107.1 of the Act for any period during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty (60) days for any infraction of the published rules and regulations of the Assouiation. (c) the right of the Association to dedicate, sell or transfer all or any part of the Common Area to any public or quasi -public agency, authority or utility for such purposes and subject to such conditions as may be agreed upon by the Members. No such dedication or transfer shall be eft'ective I.anless thy Ivlembers entitled to at least 80% of the votes of the entire membership of the Association and Declarant, during the Development Period, agree to such dedication, sale or transfer. Nothing herein shall be deemed to prohibit the Board, without consent of the Members, from granting easements over and across the Common Area to any public agency, authority or utility for the installation and maintenance of sewage, utility (including cable television) or drainage facilities when, in the opinion of the Board, such easements are necessary for the convenient use and enjoyment of properties within the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be conveyed except to a governmental entity or another non-profit corporation organized for similar purposes. (d) the right of the Association, to borrow money and, with the assent of Members, entitled to at least 80% of the votes of the entire membership of the Association and Declarant's approval during the Development Period, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, provided that the rights of any such lender or mortgagee shall be subordinate to the property rights of the Members and the Association as set forth herein. (e) the right of the Association to exchange all or part of the Common Area for other property and consideration of like value and utility, provided, however, that any such dedication shall require the assent of the Declarant and the Members as set forth in subparagraph (c) above, and further provided that, if the Board determines, in its sole discretion, that such exchange is necessary to cure an encroachment or setback violation on any Lot, the Board may effect such exchange without the consent of or approval by the Members. (f) the right of the Association to open the Common Area and, in particular, the recreational fachities constructed thereon, for use by non-members of the Association. (p) the right of the Association to expand or add to the Common Area and to improve, maintain and operate the Common Area. (h) the right of the Association to adopt, promulgate and enforce rules and regulations concerning the use of the Common Area. (i) the right of the Association to otherwise deal with the Common Area as provided in the Articles of Incorporation and Bylaws of the Association. 11 Section 2. Deleation of Use. (a) Family. The right and easement of enjoyment and access granted to every Owner by Section 1 of this Article may be exercised by members of Owner's-A&MIly who occupy the residence of the Owner within the Properties in New Hanover County, North Carolina. (b) Tenants: Contract Purchasers. The right and easement of enjoyment and access granteO to evtr-y Owner by Section 1 of this Article may be assigned by such Owner to his tenants or contract purchasers who occupy a residence within the Properties, or a portion of said residence, as their principal residence in New Hanover County, North Carolina So as not to overburden the use of the Properties, if an Owner assigns said right and easement of enjoyment and access to Owner's tenants or contract purchasers, then so long as such assignment is in effect, Owner shall forfeit his right and easement of enjoyment and access. (c) Guests. The right and easement of enjoyment and access granted to every Owner by Section 1 of this Article may be delegated to guests of such Owners, tenants or contract purchasers, subject to such rules and regulations as may be established by the Board. (d) Suspension of Rights. The rights of any delegate or assignee of an Owner shall be suspended by, upon and during suspension of such Owner's rights as provided in Section 8 of Article MV of this Declaration. Section I Conveyance of Common Area To The Association. No later than the expiration of the Development Period, Declarant shall convey, and the Association shall accept, fee simple title to all Common Area within the Properties, and shall reserve for or grant to the Association all Common Area easements, all subject to such easements, reservations, conditions and restrictions as then -may be of record, and the Association shall accept all such conveyances, grants and reservations, provided, however, that during the Development Period, Declarant reserves an easement over and across any Common Area deeded to the Association for the purpose of constructing and maintaining any improvements on the Common Area as it deems necessary or advisable, provided that any such improvements must comply with the requirements of the appropriate governmental authority. Any improvements placed on the Common Area by Declarant shall become the property of the Association upon completion of such improvements. Section 4. Regulation and Maintenance of Common Area and Common Area Easements. It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of the Owners. (a) Regulation of Common Area The Association may adopt and promulgate rules and regulations governing the use of the Common Area by Owners and their family, tenants, guests and invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in violation of the rules and regulations contained in this Declaration or subsequently adopted by the Association. Without limiting the generality of the foregoimg, no Owner or tenant, guest or invitee of an Owner shall, without the specific prior written consent of the Association: (i) damage or waste the Common Area or improvements thereon or remove any trees or vegetation therefrom; (n) erect any gate, fence, structure or other improvement or thing on the Common Area; (m) place 7 any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of other Owners. (b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each Ovmer of a Lot upon which a Common Area easement lies shall pay all property taxes and other assessments levied against his Lot, including that portion of such tax or assessment as is attributable to such Common Area easement. (c) Rights and Responsibilities of the Association as to Common Area. The Association shall have the right and obligation to ensure that the Common Area is preserved for the perpetual benefit of the Owners, and, to that end, shall:(i) maktain the Common Area in its natural or improved state, as appmpriate including, but not limited to, following the requirements of the State storm water permit, and keep it free of impediments to its use by the Owners, subject to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance covering the Association and its' Members, Directors and Officers, against any loss or damage suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting from use of the Common Afea, and adequate hazard insurance covering the real and personal property owned in tee by the Association; and (iii) pay all property taxes and other assessments levied against all Common Area owned in fee by the Association. (d) Declarant's and Association's Right of Entry. The Declarant and the Association and the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right and easement at all times to enter upon any portion of a Lot reserved or designated as a Common Area easement for the purposes of. (i) installing and maintaining subdivision entrance signs, features, fencing and landscaping; and (H) making such improvements to the Common Area; and (iii) maintaining the Common Area easement in its natural or improved state. ARTICLE V COVENANT FOR iIMAUNMNANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments, benefitted assessments, and special assessments, such assessments to be established and collected as hereinafter provided. All assessments which are unpaid when due, together with interest and late charges set forth in Section 9 of this Article V and all costs of collection, including reasonable attorneys fees, Shall be a charge against and, a continuing lien upon the Lot against which such assessment is made subject to § 47F-3-116 of the Act, as amended. Each such assessment or charge, together with interest and costs of collection, including reasonable attorneys' fees, subject to notice provided in accordance with § 47F-3-116(e) of the Act, shall also be the personal or corporate obligation of the person(s), fum(s) or corporation(s) owning such Lot at the time when the assessment fell due, but such personal obligation shall not be imposed upon such Owner's successors in title unless expressly assumed by them. Although unpaid assessments and charges are not the personal obligation of such Owner's successors in title unless expressly assumed by M. ----- - - -- --m- - - - diem, the unpaid assessments and charges shall continue to be a lien upon the Lot against which the assessment or charge was made. It is the intent of the Declarant that any monetary fines imposed against an Owner pursuant to the Bylaws of the Association or Section 8 of Article MV of this Declaration and subject to §47F-3-107.1 of the Act shall constitute a lien against the Lot of such Owner to the same extent as if such fine were an assessment against such Lot. Section 2. Poses of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties, services and facilities related to the use and enjoyment of the Common Area, including but not limited to the storm water system located within the Common Area or recreation area; (n) repair and reconstruction of improv=ents on the Common Area, including, without limitation, the cost of repair, replacement and additions thereto and the cost of labor, equipment, materials, management and supervision thereof, and specifically including maintenance and repair of all sidewalks and streets, within the subdivision; (iii) payment of taxes and public assessments levied against the Common Area owned by the Association in fee; (iv) procurement and maintenance of insurance in accordance with the Section 4(c) of Article IV of this Declaration; (v) employment of attorneys, accountants and other persons or firms to represent the Association when necessary; (A) payment of principal and interest on funds borrowed for Association purposes; (vii) such other needs as may arise; and O ii) payment for the maintenance and operation of street lights. The Declarant reserves the right to subject the real property in this subdivision to a contract with Duke Energy Progress, Inc. for the installation of street lighting which requires a continuing monthly payment to Duke Energy Process, Inc. by each residential customer. Said monthly payment may be included in the assessments charged to each Owner. Section 3. Annual Assessments. Not less than sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget covering the common expenses estimated to be incurred during the coming year. The budget shall include a capital contribution to establish a reserve fund. In determining the budget, the Board, in its discretion, may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Lots subject to assessment on the first day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year. Within thirty (30) days after adoption of any proposed budget by the Board, the Board shall provide to all Owners a summary of the budget and notice of a meeting to consider ratification of the budget, including a statement that the budget may be ratified without a quorum. The Board shall set a date for a meeting of the Owners to consider ratification of the budget, such meeting to be held not less than ten (10) nor more than sixty (60) days after mailing of the summary of the budget and notice of the meeting. There shall be no requirement that a quorum be present at the meeting. The budget is ratified unless, at that meeting, a majority of all the Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. ----- - - -- - - -- The Assessment for the fiscal year shall be determined based upon the budget adopted by the Board and ratified by the Owners. In Addition to Assessments for the fiscal year, the Board may levy special Assessments from time to time to cover unbudgeted expenses or expenses in excess of those budgeted. Such Assessments shall be approved at a meeting of the Board and shall become effective upon approval by the Board, unless disapproved by -Declarant during the Development Period. Such Assessments shall be payable in such manner and at such times as determined by the Board and may be payable in insWhnents extending beyond the fiscal year in 3vhich such Assessment is approved. The amount of each special Assessment shall be levied equally against all Lots, subject to the provisions of Section 5. Section 4. Assessment Rate: Collection Period. Except as provided. in Section 5 of this Article V, the annual and special assessments shall be fixed at a uniform rate for all Lots and may be collected on a yearly, semi-annually, quarterly or monthly basis, as determined by the Board. Section 5. Declarant's Assessments. Notwithstanding any other provision of this Declaration or the Bylaws of the Association, the Declarant shall not be obligated for, nor subject to, any annual or special assessment for any Lot or other property that it owns within the Properties, provided, however, that the Declarant shall be responsible for paying the difference between: (i) the operating expenses of the Association, and (H) the total operating revenues of the Association from all sources including, without limitation, annual and special assessments, revenues aenerated from fees charged by the Association for use of the Common Area, and investment income (said difference being hereinafter referred to as the "Operating Deficit"). For purposes of this Section, the term "operating expenses" shall not include contributions to any reserves for replacement, operating reserves, depreciation reserves, capital expenditures, or special assessments. Declarant may, by written notice given by the Declarant to the Association on or before November 30 of any year, to be effective as of January 1, terminate its 'obligation to pay the Operating Deficit and waive its right to exclusion from assessments. in such event, each Lot owned by the Declarant which contains a Dwelling for which a certificate of occupancy has been issued shall be assessed at the rate of twenty-five percent (25%) of the annual assessmentiin effect for all other Lots, as the same may change from time to time. Upon sale* of such Lot by Declarant to any other person 8r entity, such Lot shall be assessed at the full rate, commencing on the day on which title to such Lot is transferred to such third partyy. Notwithstanding any other provision of this Declaration, a Lot owned by the Declarant which contains a Dwelling occupied as a residence (but not as a model or sales center) shall be assessed at the rate applicable to all other Lots. S' =cta� S. Benefittad Assessments. The Board may levy Benefited Assessments against particular Lots for expenses incurred or to be incurred by the Association, as follows: (a) to cover the costs, including overhead and administrative costs, of providing benefits, items, or services to the Lot or occupants thereof upon request of the Owner pursuant to a menu of special services which the Board may from time to time authorize t® be offered to Owners (which might include, without limitation, landscape maintenance, caretaker service, 10 - --v_ . -- etc.), which assessments may be levied in advance of the provision of the requested benefit, item or service as a deposit against charges to be incurred by the Owner; and (b) to cover costs incurred in bringing the Lot into compliance with the terms of the Association Documents and the Act or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their family members, tenants, invitees, or guests; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing before levying a Benefited Assessment under this subsection (b). Section 7. Date of Commencement of Annual Assessments; Certificate of Payment. Unless a different commencement date is set by the Board, the annual assessments provided for herein shall commence as to all Lots in any phase on the first day of the month following the conveyance of a Lot within that Phase to an Owner other. than the Declarant or a Builder. The Association shall, upon demand, and for such reasonable charge as the Board may determine, famish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. If such certificate states that an assessment has been paid, such certificate shall be conclusive evidence of payment. Section S. Effect of s�7onnavment of Assessments: Remedies. An assessment not paid within ten (10) days after the due date shall incur such late charge as the Board may from time to time establish, and, if not paid within thirty (30) days after the due date, shall also bear interest from the due date at the rate of eighteen percent (I No) per annum or the highest rate allowed by law, whichever is less. The Association may bring an action at law or in equity against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot for which such assessment is due subject to § 4717-3-116 of the Act, as amended. Interest, late payment charges, reasonable attorneys' fees, and the costs of such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of his Lot. Section 9. Subordination of the Lien to Morta es The liens provided for herein shall be subordinate to the lien of any first mortgage or first mortgage on a Lot Sale or transfer of a Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of any assessment which became due prior to the date of such conveyance. No such sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof; but the liens provided for herein shall continue to be subordinate to the lien of any first mortgage. Section 10. Initial Capital Contribution. At the time of closing of the initial sale of a Lot, a sum equal to one-fourth (1/4) of the annual assessment in effect at the time of such sale shall be collected from the purchaser of such Lot and transferred, to the Association as part of its working capital. The purpose of such working capital contributions is to ensure that the Association will have adequate cash available to defray operating costs, meet unforeseen expenditures or to acquire additional equipment or services deemed by the Board of Directors to be necessary or desirable. Amounts paid pursuant to this Section shall not be considered as an advance payment of any regular or special assessment Such sum may also be utilized to 11 reimburse Declarant the exact cost of any premiums or insurance policies purchased for the benefit of the Association by Declarant. Section 11. Exempt Proper_yt , All property dedicated to and accepted by a public authority and all property owned by a charitable or non-profit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE VI RIGHTS OF LENDERS Section 11. Books and Records. Any owner or holder of a first mortgage on any Lot, or its agent, shall have the right, during normal business hours, to examine copies of this Declaration, the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon written request to the Association, and payment of copying and mailing costs, to receive a copy of the financial statement for the immediately preceding fiscal year. Section 2. Notice to Lenders. The owner or holder of a first mortgage on any Lot which Provides written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Lot to which its mortgage relates) shall be entitled to timely written notice of (a) Any 60-day delinquency in the payment of assessments or charges owed by the Owner of the Lot securing its loan. (b) A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. (c) Any proposed action that requires the consent of a specified percentage of owners or holders of first mortgages on the Lots. ARTICLE VII EASEMENTS Section 1. Access and Utility Easements, Easements for -the installation and maintenance of roadways, driveways, walkways, water, gas, telephone, cable television and electric power transmission lines, sanitary sewer and storm water drainage facilities, and for other public and private utility installations are reserved over the Properties for the benefit of Declarant and the Association. The Association may reserve or grant easements over the Common Area as provided in Article IV, Section 1(c), of this Declaration. Within any such easement herein provided, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation or maintenance of the utilities installed thereon, or which may change the direc,�tion of flow or drainage of water through dralwage pipes or channels constructed in such easements. 12 For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and regress on, over and under the Properties for the purposes of constructing and maintaining roadways, water, sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and other utility facilities to the extent required by any applicable governmental entity or deemed by the Declarant to be necessary or convenient for the development, use and enjoyment of the Properties and the. Common Area and for the conduct of constroction, sales and marketing activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, relocate utility facilities within said easement and take any other similar action that it deems reasonably necessary or appropriate. After such action has been completed, Declarant s.'mD grade and seed the aftected property and otherwise restore the affected property to its original condition to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Oymer whose Lot is affected. Section 2. Easements for Governmental Access. An easement is hereby established over the Common Area and every Lot within the Properties for the benefit of applicable governmental agencies for installing, removing, and reading water meters, maintaining and replacing water and sewer facilities, and acting for other purposes consistent with public safety and welfare, including, without limitation, law enforcement, fire protection, garbage collection and the delivery of mail. Section 3. Owner's Easement and Right of Entry for gMLd Maintenance and Reconstruction. If any Dwelling is located closer than five (5) feet from its Lot line, the Owner thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work shall be done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot to as nearly the same condition as that which existed prior to the commencement of the work as is reasonably practicable. No fence shall be erected within such area adjoining a Dwelling. Section 4. Association's Easement and Right of trv_. Authorized agents of the Association shall have the right, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot to (a) perform its maintenance obligations, and (b) make inspections to ensure compliance with the Association Documents. Except in emergencies, entry onto a Lot shall be only during reasonable hours and after notice to the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Association at its expense. The Association also may enter a Lot to abate or remove, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Association Documents. All casts incurred, ,including reasonable attorneys, fees, shall be assessed against the violator as a Benefited Assessment. Section 5. Easement Over Common Area. A perpetual, non-exclusive easement over the Common Area is hereby granted to each Lot and its Owners, family members and tenants of such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or 13 `- -- --a- -- occupants, for the purpose of providing access, ingress and egress to and from parking areas and walkways serving the Properties and to and from adjacent public roads. Section 6. Easements to Serve Other Pro =.. De,_la:a :t hereby nsc-ve, 17 itself auu its duly authorized agents, representatives, employees, successors, assigns, licensees, and mortgagees, a perpetual easement over the Lots and the Common Area for the purposes of enjoyment, use, access, and development of any contiguous property whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant agrees that it and its successors or assigns shall be responsible for any damage caused to the Common Area as a result of vehicular traffic connected with development of such property. Declarant further agrees that if the easement is exercised for perm anent access to such property and such property or any portion thereof is not made subject to this Declaration, Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to share the cost of maintenance of any access roadway serving such property ARTICLE VM , ARCHITECTURAL CONTROL Section 1. Architectural Approval. The Declarant shall have the sole and absolute right to determine the style and appearance of the Dwellings, including, but not limited to, flags, subject to Section 471i-3-121 of the .act, flag poles, flag staffs, fences, walls, buildings outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or colon thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles and utility layout, and any other improvements to be built or constructed on any Lot (hereinafter individually and collectively referred to as "Improvements"). Declarant shall have exclusive authority to administer and enforce architectural standards under this Article and to review and act upon all applications ..for original construction within the Property. 'There shall be no surrender of this right except in a written instrument in recordable form executed by Declarant. Upon the expiration or surrender of such right, the Board may, at its option, either assume such authority or create and appoint an Architectural Review Committee ("ARC") composed of three or more persons appointed by the Board. The ARC shall have no rights or authority until Declarant's authority under this Article is surrendered. No Improvements (including, without limitation, replacement of any previously existing Improvements) shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration thereof be made (including, without limitation, changing materials or color of any exterior portion of any such Improvements), nor shall a building permit for such Improvements or change be applied for or obtained, until plans and specifications showing the nature, land, shape, heights, materials, color, built -upon area, and location of same shall have been submitted to and approved in writing by the Declarant or after the Declarant surrenders that right, the Board or the ARC. If the Association or its designee fails to approve or disap wove such proposed Improvements within 60 days after complete plans and specifications have been received by it, approval will not be required, and this Article shall be deemed to have been complied with. The Association shall have t1w right to charge a reasonable fee for receiving and processing each application. 14 ----- - - -- - - -- The Declarant, and after the Declarant surrenders this right in writing, the Board or ARC, shall have the right to promulgate and from time to time amend written architectural standards and construction specifications (hereinafter the "Architectural Guidelines") which may establish, define and expressly limit the standards and specifications which will be approved, including, but not limited to, architectural style, exterior color or finish, roofing material, siding material, driveway material, landscape design and construction technique. Neither the Association nor the ARC shall approve any lmprovements which it determines, in its sole discretion, not to be in harmony of external design, construction and/or location in relation to the surrounding structures, topography or the general plan of development df the Subdivision. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and neither Declarant, the Association, the Board, or the ARC shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, including without limitation, built upon area requirements set forth in the Permit. Neither Declarant, the Association, the Board, or the ARC, or any member of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Lot. In all matters, the ARC and its members shall be defended and indemnified by the Association as provided in the Bylaws. Section 2. Rules and Regulations. The ARC may from time to time recommend to the Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and regulations interpreting and implementing the provisions of this Article VM, including adoption of detailed architectural guidelines and the imposition of a fee or charge for review of proposed improvements or modifications. Section 3. Variances. The ARC may recommend to the Board, and the Board may, by the vote or written consent of a majority of the members thereof, allow reasonable variances as to the covenants, conditions or restrictions contained in this Declaration, on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of the Property. Variances contained in plans that are inadvertently approved by the ARC as part of the proposed improvements shall not be considered -as having been approved unless specifically approved by the Board in accordance with the provisions of this Section. Section 4. Enforcement. Any construction, alteration or -other work done in violation of this Article or the Architectural. Guidelines shall be deemed to be nonconforming. Upon written request from Declarant, the ARC, or the Board, Owners shall, at their own cost and expense and within such reasonable time frame as set forth in such written notice, cure such nonconformance to the satisfaction of the requester or restore the property, Lot and/or Dwelling to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, Declarant, the Association or their designees shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as Previously existed. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the benefited Lot and collected as a Benefited Assessment unless otherwise prohibited in this Declaration. is All approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Lot, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved work, Declarant or the Association shall be authorized, after notice to the Owner of the Lot and an opportunity to be heard, to enter upon the Lot and remove or complete any incomplete work and to assess all costs incurred against the Lot and the Owner thereof as a Benefited Assessment unless otherwise prohibited in this Declaration. All acts by any contractor, subcontractor, agent, employee, or invitee of an Owner shall be deemed as an act done by or on behalf of such Owner. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Article and the Architectural Guidelines may be excluded from the Property, subject to the notice and bearing procedures contained in the Declaration. In such event, neither Declarant nor the Association, its officers, or directors shall be held liable to any person for exercising the rights granted by this section. In addition to the foregoing, the Association and Declarant shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the ARC. ARTICLE IX PARTY WALLS Section 1. General Rules of Law to Auuly. The general Hiles of law regarding party walls, lateral support in below ground construction and of liability for property damage due to negligence or willful acts or omissions shall apply to each wall which is built as part of the original construction of the Dwellings within the Properties and placed on the dividing line between the Lots, and all reconstruction or extensions of such walls, to the extent not inconsistent with the provisions of this Article. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shsred by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Qgsuafty. If a party wall is destroyed or damaged by fire or ctlier casualty, any Owner Nvho or which uses the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in lymporiion to saich use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Easement and Right of Entry for Repair Maintenance and Reconstruction. Every Owner ill have an easement and ri& of entry upon the Lot of any other Owner and the Common Area to the extent reasonably necessary to perform repair, maintenance or reconstruction of a party wail and those improvements belonging to his Lot which encroach on an adjoining Lot or Common Area. Such repair, maintenance, or reconstruction shall be done 16 expeditiously, and upon completion of the work, the Owner shall restore the adjoining Lot(s) and Common Area to as nearly the same condition as that which prevailed prior to commencement of the work as is reasonably practicable. Section 5. Weather -proofing. Notwithstanding any other provision of this Article, an Owner who, by his negligence or willful act, causes the party wall to be exposed to the elements, shall bear the entire cost of furnishing the necessary protection against such elements. _ Section 6. Riaht to Contribution Runs With Land. The right of any Owner to contribution frorn any other Owner a star this Article shall be appurtenant to the land and shall pass to such own, er's spa: censors in title. Section 7. Certification by Adjoining Property Owner That No Contribution Is Due. If any 'Owner desires to sell his trot, such Owner, in order to assure a prospective purchaser that no Owner of an adjoining Lot has a right of contribution as provided in this Article, may request the adjoining property Owner to make a certification that no right of contribution exists, whereupon it shall be the duty of each adjoining property Owner to make such certification immediately upon request, and without charge; provided, however that where the adjoining property Owner claims a right of conttiibutior4 the certification shall contain a recital of the amount claimed. ARTICLE X RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION Section 1. Responsibilities. The Association, subject to the rights of the Owner set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area and shall keep the Common Area in good, clean and proper condition, order and repair, including but not limited to, ensuring ongoing compliance with the Permit. The Association shall be responsible for the payment of all costs, charges and expenses incurred in connection with the operation, administration and management of the Common Area and the Performance of its other obligations hereunder. The Association shall operate and maintain areas designated by the Declarant as Common Areas, whether or not title to such areas has been conveyed to the Association. The Association shall also be responsible for enforcement of the covenants and restrictions contained in this Declaration. Section 2. imager. The Association may employ and pay for the services of a person or entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs and carrying out its responsibilities hereunder and such other persons or entities, including attorneys and accountants, as the Association deems necessary or advisable, whether such Persons or entities are engaged, furnished or employed by the Manager or directly by the Association. The Association may enter into a Management Agreement- for such management services upon such terms as the Board may deem appropriate. The payment of management fm due to the Declarant may, at Declarant's option, be deferred until such later date as Declarant, in its sole discretion, deems appropriate. Furthermore, any management fees due to Declarant may, at Declarant's option, be credited against any assessments due or to be coming slue from the Declarant. 1.7 Section 3. Personal Property for Common Use. The Association may acquire and hold real property and tangible and intangible personal property and may dispose of the same by sale or otherwise, subject to such restrictions, if any, as may from time to time be provided by the Articles of Incorporation or Bylaws of the Association. Section 4. Insurance: Bonds. The Association shall procure and maintain adequate liability insurance covering the Association consistent Nvith N.C. Caen. Stat. § 47F-3-113. The Association shall also procure and maintain full replacement value hazard insurance on real and personal property owned by the Association consistent with N.C. Gen. Stat. § 47F-3-113, and shall procure and maintain officers', directors' and employees' liability insurance, and such other insurance as it deems necessary or advisable. The premiums for such insurance shall be a common expense paid from the annual assessments provided in Article V of this Declaration. The Association may cause any or all persons responsible for collecting and disbursing monies of the Association to be bonded. Section 5. Implied Rights. The Association may exercise any other right or privilege and take any action authorized by this Declaration, the Association's Articles or Bylaws, or the Act or the North Carolina Nonprofit Corporation Act (Chapter 55A), as from time to time amended, and every other right or privilege reasonably necessary to effectuate the exercise: of any right or privilege or the taking of any action authorized herein or therein. Section 6. Association's Obligation of Cooperation. The Association shall accept conveyance of any Common Area conveyed to it, in fee or by easement, by Declarant or, at the request of Declarant, by an owner of any property within and, upon request of Declarant and without further consideration, shall execute any document necessary to evidence such acceptance. During the Development Period, neither the Association nor its Members, nor the use of the Common Area by the Association and its Members, shall interfere with or impede the completion of the improvements or the marketing and sale by the Declarant and the Builder of Lots and homes. ARTICLE XI DECLARANT RIGHTS Section 1. Declararit's Rights. Declarant's Rights are those rights reserved for the benefit of Declarant as provided for in the Act and the Association Documents which shall include, without limitation, the following rights: (a) To complete improvements on the Properties; (b) To maintain models, management offices, construction offices, sales offices, customer service offices, and signs advertising the Properties within any portion of the Common Area Declarant deems appropriate; (c) Whose rights set forth in Article II of this Declaration; (d) To designate any portion of the Property as Common Area; m (e) To exercise all rights of architectural review and establishment of Architectural Cnidelines and all other rights as set forth in Article VE I of this Declaration; (fl To construct improvements within portions of the Properties and to operate the same as public or private facilities in the sole discretion of Declarant; (g) To appoint, remove and replace the members of the Board; (h) To disapprove actions of the Board or any committee during the Development Period; (i) To disapprove any amendment or change in any Association Documents during the Development Period; 0) To enforce any covenants, restrictions and other provisions of the Association Documents during the Development Period; and (k) To amend this Declaration as set forth in Article X1V. Section 2. Transfer of Declarant Rights. Any or all of Declarants Rights and obligations of Declarant set forth in this Declaration or the Bylaws may be transferred to other persons, provided that the transfer shall neither reduce an obligation nor enlarge a right. No such transfer shall be effective unless it is in a written instrument signed by Declarant and the transferee and duly recorded in the Register of Deeds of New Hanover County. Section 3. Modification of Development PIan. Each Owner, by accepting title to a Lot and becoming an Owner, and each other person, by acquiring any interest in the Property, acknowledges awareness that the Subdivision is a planned 'community, the development of which is likely to extend over many years, and agrees not to protest or otherwise object to (a) zoning or changes in zoning or to uses of, or changes in density of, the Properties, or (b) changes in any conceptual or master plan for the Property, such revision is or would be lawful (including, but not limited to, lawful by special use permit, variance or the like) and is not inconsistent with what is permitted by the Declaration (as amended from time to time). Sccuon 4. Development Easements. Declarant, its employees, agents and designees, specifically reserve a non-exclusive easement over, upon, under and above the Common Area and other portions of the Property (expressly excluding a Dwelling Unit) for any all purposes deemed reasonably necessary or desirable by Declarant for the development of the Property and any contiguous property including, but not limited to, easements of access, the installation and maintenance of utilities, and easements as may be rewired from time to time by any governmental agency or pursuant to the Permit. Declarant and its employees, agents and designees shall also have a right and easement over and upon all of the Common Area for the purpose of making, constructing, installing, modifying, expanding; replacing, and removing such improvements to the Common Area as it deems appropriate in its sole discretion. Section 5. Marketing and Sales. During the Development Period, Declarant and its designees may n-mintain and carry an upon the Common Area and any property owned by Declarant such facilities and activities as, in the sole opinion of Declarant, may be reasonably 19 ----- - - -- - I - required, convenient, or incidental to the construction or We of such Lots, including, but not limited to, business offices, signs, model units, sales offices, and storage of building materials. Declarant and its designees shall have easements for access to and use of such facilities. Declaranfs or any designee's unilateral right to use the Common Area for purposes stated in this section shall not be exclusive and shall not unreasonably interfere with use of such Common Area by Owners. Section 6. Declarant Approval to Chimes in Association Documents. During the Development Period, the Association shall not, without the prior written approval of Declarant, adopt any policy, rule or procedure that: (a) Limits the access of Declarant, its sueetw ors, assigns and/or affiliates or their personnel and/uT guests, including visitors, to the Common Area or to any property owned by ari.1 of them; (b) Limits or prevents Declarant, its successors, assigns and/or affiliates or their personnel from advertising, marketing or using the Association or its Common Area or any property owned by any of them in promotional materials; (c) impacts the ability of Declarant, its successors, assigns and/or affiliates, to carry out to completion its development plans and related construction activities for the Subdivision, as such may be amended and updated from time to time. Policies, rules or procedures affecting the Provisions of existing easements established by Declarant and limiting the establishment by Declarant of easements necessary to complete the Subdivision shall_ be expressly included in this provision. Easements that may be established by Declarant shall include but shall not be limited to easements for development, construction and landscaping activities and utilities; or Section 7. Unimpeded Access. The Association shall not exercise its authority over the Common Area (including, but not limited to, any gated entrances and other means of access to the Property) to interfere with the rights of Declarant set forth in this Declaration or to impede access to any portion of the Property, or over the streets and other Common Area within the Property. Section 8. Additional Declarations/Restrictions. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's review and written consent during the Development Period. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by recorded consent signed by Declarant. 20 -- --- ---- - - - - ARTICLE X11 USE RESTRICTIONS Section 1. Business Use P.Tohibited. No trade, business, profession, garage sale, moving sale, rummage sale or other type of commercial activity shall be carried on within any Unit, except that an Owner or occupant residing in a Unit may conduct business activities within the unit so long as (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smellfrom outside the Unit; (b) the business activity conforms to all zoning requirements for the Properties; (c) the business activity does not involve regular visitation of the Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the properties; and, (d) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board. The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any o::cupatioia, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is engaged in full or psurt-time; (b) such ac idiyit license is required. y is intended to or does generate a profit; or, (c) a Notwithstanding the foregoing, the Declarant and the agents and employees of Declarant, or Builder, shall have the right to: (i) use Lots and improvements erected thereon for sales offices, field construction offices, storage facilities, and its own general business offices; (h) maintain fluorescent -lighted or spot -lighted model homes which may be opan to the public for inspection 7 days per week for such hours as the Declararat or Builder deems appropriate or necessary; ("') conduct any other activities on Lots to benefit sales efforts; and (iv) use the parking facilities on the Common Area for parking for its employees and invitees. Section 2. Use of Accessory Structures. No tent, shack, barn, car, port, metal awnings, metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a Lot, and used temporarily or permanently as a residence. Notwithstanding the foregoing, the Declarant and, with the approval of the Declarant, a Builder, may use temporary buildings, offices or facilities in connection with the marketing, sale and construction of Units. Section 3. Maintenance of Improvements. Each Owner shall maintain in good condition and repair all improvements constructed upon such Owner's Lot, including, without limitation, the Dwelling. No Owner shall change the landscaping, exterior design, or color of the Dwelling on such Owner's Lot, including the roof thereof, except in compliance with Article VM hereof.. Section 4. Storage: Clothes Ilan tns�, No Lot or Common Area shall be used for the stowage of rubbish. Outside clothes hanging devices shall not be permitted. 21 Section 5. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot or the Common Area, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood No automobile or other vehicle mechanical repairs or like activity shall be ^^inducted within the Properties other than in a garage and concealed from public view. Section 6. Lawns. Each Lot shall be maintained in a neat condition by the Owner thereof. In this context, the word "Lot" shall include that portion of the property from the outside of the structure on the applicable Lot to the adjacent paved road surface. All Lots upon which a Unit or Dwelling has been constructed ("Improved Lots") must have grass lawns; no gravel or similar type lay M are pwmitted. For Improved Lois, "Neat" shall require, at a rninimuni, that the lawn be regularly cut and fertilized and that mulched or pinestrawed areas be regularly re mulched or repines wed and kept weeded so that its appearance is in harmony with the neighborhood. No (honer shall allow the grass on an Improved Lot to grow to a height in excess of six (6) inches, measured from the surface of the ground. For unimproved Lots, "Neat" shall require that the Lot is maintained in a sightly condition, free of debris, rubbish, weeds and high grass and in a prudent and reasonable manner harmonious with that of other Lots within the Subdivision. Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements thereon, the Association, after giving such Owner at least ten (10) days' written notice, shall be authorized to undertake such maintenance at the Owner's expense. By accepting title to his Lot, each Owner shy be deemed to grant access upon the Own&s Lot and Dwelling for such purpose and such entry shall not constitute a trespass. If such maintenance is undertaken by the Association or Declarant, the charge therefore and all costs of enforcement and collection shall be secured by a lien against the Lot as provided in Article V hereof. Section S. Animals. No animals, livestock or poultry of any kind shall be raised,.bred or kept on any Lot, except that a reasonable number of cats, dogs, and other household pets may be kept provided they are kept within the residence and are not kept, bred, or maintained for any commercial purposes or become a nuisance to the neighborhood. No person owning or having custody of an animal shall allow the animal to stray or go upon another Owner's Lot without the consent of such other Owner. No animals shall be permitted on or in the Common Area at any time except as permitted by the rules and regulations of the Association or by applicable law. All animals shall be on a leash when outside the Owner's dwelling, and the Owner shall be responsible for cleaning up all droppings from their animals. The Association shall have the right to expel animals from the community for the Owner's continuing violations of the Association Documents. The Board shall also have the right to expel dogs from the community for excessive barking which in the Board's opinion is a nuisance to other Owners. Section 9:Kim. No signs shall be displayed on any Lot or on or within any improvement on a Lot so as to be visible from the exterior of the improvement without the prior written consent of the Board; provided that an Owner may display on his or her Lot one sign with the maximum dimensions of 24 inches by 24 inches expressing support of or opposition to political candidates or other issues which will appear on the ballot of a primary, general or special election, provided that such political signs shall not be placed on a Lot earlier than forty-five (45) days before such election and shall be removed within seven (7) days after such election. The Board may develop additional sign standards and specifications to which all Owners must 22 adhere. No sign of any kind shall be displayed in or on the Common Area without the prior written consent of the Board. Notwithstanding the foregoing, Declarant and, with the consent of and upon such conditions as Declarant, in its sole discretion, might impose, a guilder shall have the right to erect and -maintain signs of any type and size on any Lot which it owns and on the Common Area, in connection with the development and sale of the Properties. Section 10. dater Retention Areas. The Association shall be responsible for maintaining the portions of the storm water drainage system which are within the Common Area, including the water quality and quantity standards of the approved plans, to the extent required by law and as required by the Permit. A drainage easement is hereby dedicated to the Association for the purpose of maintaining the storm water system to meet water quality and quantity design standards of the approved plans and any future governmental laws, rules or regulations. Each Owner of a Lot which borders a water retention area shall maintain any portion of that Owner's Lot lying within a retention area as required by the Permit and free of debris but shall not remove any wetlands species or do anything that would affect adversely water quality within the water retention area. Swimming and bathing in water retention areas are prohibited. Docks or other structures shall not be esecird in water retention areas without the prior written consent of the Association. .4.11 other uses of water i°etwetion areas shall be subject to the prior written approval of the Association and such rules and regulations as the Association may adopt from time to time. Section 11. Vehicles,_ Boats and Trailers. No truck or vehicle used primarily for commercial purposes (other than those temporarily present on business), no vehicle in inoperable condition, no unlicensed vehicle, no recreational vehicle, no camper, no boat and no trailer may be parked within the Properties, unless kept inside a garage and concealed from public view. No parked vehicle shall be covered by a "car cover" or other similar covering unless kept inside a garage and concealed from public view. For the purpose of the preceding sentence, the term "kept" shall mean present for either a period of more than ten (10) hours or overnight, whichever is less. In order to preserve the aesthetics of the development, whether or not, a boat, trailer, or vehicle of any type is adequately concealed from public view shall be determined by the Board of Directors in its sole discretion. The Association shall have the right to tow or remove any boat, trailer, or vehicle of any type which is parked within the Premises or kept on any Lot in violation of this section, at the owner's expense, and the owner of each Lot, by acceptance of their deed, does grant to the Association such an easement on, across, and upon their Lot as may be necessary to OnT- brce the previsions set out in this section. Section 12. walls, Fences and Hed es All walls, fences, planters and hedges shall be controlled strictly for compliance with this Declaration and architectural standards established by the Declarant or the ARC. The design, materials and placement of all walls, fences and hedges must be approved by the ARC prior to construction pursuant to the approval requirements of Article VIII, Section 1, of this Declaration. Section i3. Antennae and Roof Structures. No radio or other electrical towers, aerials, antennae, or other devices of any type for the reception or transmission of radio broadcasts or other means of communication shall be erected, constructed, placed or permitted to remain on 23 - - -- --v- any Lot or upon any improvements thereon. Notwithstanding the foregoing, (i) antennae or satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter; (ii) antennae or satellite dishes designed to receive video programming services via multi point distribution services which are one meter or less in diameter or diagonal measurement; or (iii) antennae or satellite dishes designed to receive television broadcast signals which are less than one meter iin diameter shall be permitted, provided that any such antenna or satellite dish is placed in the least conspicuous location of the Lot in which an acceptable qualit/ signal can be received and is screened from the view of adjacent Dwelling Units, streets and Common Area m a manner consistent with the Architectural Gmdelmes, and is approved by the Declarant or the ARC pursuant to article VM of this Declaration. The Association shall be empowered to adopt rules governing the types of antennae and satellite dishes that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae. Section 14. Visual Obstructions at the Intersections of Streets. No object or thing which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways within the triangular area formed by. the junction of street curb lines and a line connecting them at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereof) shall be placed„ planted or permitted to remain on any corner lots. Section 15. Leased Units. An Owner may lease his Unit; provided, however, that; a) No Dwelling may be leased for a period of less than six (6) months; b) All leases for any Dwelling Unit shall be in writing signed by the Owner and the tenant and a true executed copy of the lease shall be provided to the Association prior to the occupancy by the tenant of such Dwelling Unit. c) All leases shall be in such form, and contain such provisions, as approved by the Board, including provisions (a) requiring the tenant to comply with the Association Documents (an example of such provision is set for the below), (b) providing that the failure of any tenant under a lease to comply with the Association Documents shall constitute an event of default under the lease, and (c) providing that the Board may exercise any and all remedies for a default under the Association Documents against the Owner and the tenant under the lease including without limitation, the right to remove a tenant from possession of a Dwelling Unit by judicial process or otherwise "Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of Covenants, Conditions, Easements, and Restrictions for the Kaylie's Cove Community, recorded in the applicable public registry for New Hanover County, North Carolina. Tenant acknowledges that he has received of a copy such Declaration and the rules and regulations of the Association and is familiar with the provisions of same." d) The -Board may also adopt additional reasonable rules and regulations regarding leasing. Section 16. Minimum Size of Dwellin ' . All Dwellings constructed on any Lot shall hamn: a minimum of 1,200 square feet of enclosed dwelling area. The term "enclosed dwelling 24 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". Section 17. Gam. All single family Units constructed within the Properties shall contain an enclosed garage that is either detached from the Unit or permanently attached to and part of the Unit and such garage shall be large enough to accommodate at least two automobiles. Garage doors shall remain closed at all times except when necessary for ingress and egress. Section 18. Seasonal or Holiday Decorations Holiday decorations (e.g., Christmas trees and lights, pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a reasonable period of time after such holiday passes. The ARC has the sole discretion to determine what is a reasonable period of time for seasonal or holiday decorations to exist after the holiday passes and its determination shall be final. Section 1_9_. Window Coy '= All drapes, curtains or other similar materials hung at windows so as to be visible from outside the home shall be of a white or neutral background material. Section 20. Exterior Lights. All light bulbs or other lights installed in any rLxture locates on the exterior of any building or any sites shall be clear, white or non -frosted lights or bulbs. Light wattage arAd placement shall be approved by the ARC. Section Service Utilities, Fuel Tanks, Wood piles Trash. Al service utilities, fuel tanks, wood piles and trash and garbage containers are to be enclosed within a fence, wall or Plant screen of a type and size approved by the Declarant or the ARC, so as to preclude the same from causing an unsightly view from any highway, street or gray within the subdivision, or from any other residence within the subdivision. Section 22. Curbside .Maintenance. Each Owner shall have a du and obligation gation to maintain the roadside curbing, swales and driveway culverts along the front of their Lot, and in the case of corner lots, along the side abutting roadways, in the same condition as originally installed by the Declarant. In the event any Owner shall fail to do so, the Association after giving such Owner at least ten (10) days' written notice, shall be authorized to undertake such muc at the Olv 's expense. Provided, however, V= during the Development Period, the Declarant shall have the option of repairing or replacing damaged curbing, swaies or driveway culverts to their original condition, and the cost of such repairs or replacement shall constitute a lien in favor of the Declarant against the lot adjacent to where the repairs or replacements were -effected. If such ' tenance is undertaken by the Association or Declarant, the charge therefore and all costs of enforceffient and collection shall be secured by alien against the Lot as provided in Article V hereof. Section 23. Flags. Nov,,,vithstanding any provision of this Declaration, including without limitation the provisions of this Article X I, no rule or regulation adopted by the Board or the Association, nor any amendrnent to the Declaration adopted by the Association or the Declarant shall regulate or prohibit the display of the flag of the United States of America and/or the flag of the State of North Carolina, of a size no greater than four (4) feet by six (6) feet, which is 25 ----- ---- --v- • - - displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended. 4Section 24; Pigbt If =, Own Y - r pl= s any 11u�iiv l :�iiis'iii i9!' krut' we in the �. right-of-way, then if requested by the North Carolina Department of Transportation or the Declarant or the Association- or any governmental regulatory agency, the Declarant or the Association shall have the right to remove such improvement or structure even if ARC had approved installation of such improvement or structure. Section 25. Above Ground Swimming Pools No above ground swimming pool shall be erected, mn.samct;d, placed or permitted to remain on any Lot. ibon 26. Outdoor Fires/Bmming, Outside burning of trash, leaves, debris or other materials is prohibited. Owners may burn wood in an outdoor fire pit, provided the fire pit must first be approvers by the Declarant, Board, or .ARC, as applicable. The restrictions contained in this Section 26 shall not apply to Declarant. Section 27. Deviations. Declarant at its sole discretion, is hereby permitted to approve -viations to restrictions in Article XII in instances where in its judgment, such deviation will not suveiscly arrect the development of the Property as a whole. Such approvals must be zran. � i writing and when given will automatically amend these restrictions for that certain Lot only. ARTICLE MH STORMWATER PERMIT TRANSFER, RESPONSIBILITIES AND COVENANTS Section 1. imasfer to and Acccptance by Association. Declarant shah, at its sole cost and expense, initially construct ail stormwater management facilities required to be located upon the Property or upon any property annexed into the Property by Declarant ("Stormwater Management Facilities") to the standards required by the North Carolina Stormwater Management Permit No SW8 160310 issued for the Properties, and any additional North Carolina Stormwater Management Permits, applicable to the Properties and any amendments, additions or replacements thereof (collectively, the "Permit"). Upon completion of the initial construction of the Stormwater Management Facilities required by the applicable Permit for the Properties pursuant to this Declaration, Declarant shall transfer the applicable Permit and Declarant's responsibilities under the Permit applicable to the Properties to the Association. The Association shall accept the transfer from Declarant of the applicable Permit and responsibilities under the Permit- Transfers of any such Permit shall occur within a reasonable period of time after the date the North Carolina Department of Environmental Quality allows the transfer of the Permit to occur, or a later date if so elected by Declarant Prior to any such transfer of the Permit, the Stormwater Management Facilities for the kruparties, including any property annexed by Declarant into the Property, shall be certified to the Association and the State of North Carolina, either by state inspection or by a licensed engineer, as being in compliance with the applicable Permit prior to such assignment or transfer. 26 Section 2. Association Indemnification. The Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant as the responsible party under the Permit and any Permit applicable to any Properties annexed into the Property from and after the date Declarant tenders transfer of its responsibilities under the Permit. The Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine suit; damage or expense, including reasonable attorneys' :fees, incurred by Declarant in the defense of any action against Declarant as holder of the Permit from and after the date Declarant tenders transfer of the Permit to the Association following the approval of such transfer by the North Carolina Department of Environmental Quality and the certification of compliance as set forth above. Fizther, Declarant may bring an action for specific performance of the obligations of the Association pursuant to this Section 2. Section 3. Ldministration of Permit. From and after the transfer of Declarant's responsibilities under the Permit applicable to the property annexed into the Property and from and after transfer of the Permit from Declarant to the Association, the oversight, supervision, management and administration of the Permit shall be the sole responsibility of the Association. The Association's duties with respect to the Permit shall be carried out in accordance with the terms and conditions of the Association Documents, and the Permit. The Architectural Review Committee shall review plans for Improvements for compliance with the built -upon area limits set forth in the Permit and this Declaration. The plans submitted by Owners must include all proposed built -upon area. Any approvals given by the ARC do not relieve the Owner of the responsibility to comply with the permitted built -upon area restrictions set forth in the Permit and this Declaration. Section 4. Easement for Upkeep and Enforcement. The Association hereby is granted and conveyed an easement over, under and upon each Lot for the purpose of access to and upkeep of all Stormwater Management Facilities and to enforce all requirements of the Permit. In the event Declarant annexes additional property into the Property and transfers the applicable Permit and Declarant's responsibilities under the Permit to the .Association, the Association shall have, and hereby is granted and conveyed, an easement over, under and upon each annexed Lot for the purpose of access to and Upkeep of all Stormwater Management Facilities located upon such additional property and to enforce all requirements of the Permit. ' Section 5. Permit Covenants. To ensure ongoing compliance with the Permit as issued by the North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources under NCAC 2H.1000 the following covenants and restrictions are hereby imposed upon the Property: (a) The maximum allowable built upon area per Lot is 4,200 square feet for Lots 1- 71, inclusive. The allotted amount includes any built upon area constructed within the property boundaries of a Lot and that portion of the right of way between the front Lot line and the edge of the pavement of any street abutting such Lot. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, co4uina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Built upon area in excess of the permitted amount above stated will require a modification of the Permit. 27 (b) Alteration of drainage as shown on the approved plans may not take place without the concinrence of the Division of Energy, Mineral and Land Resources. (c) All runoff from all built -upon area on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or (UlxWly into the pond, or grading perimeter swales and directing them into the pond or the street. (d) All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. (e) Built -upon area m excess of the permitted amount will require a permit modification. Q) No alteration of the drainage for the Stormwater Management Facilities designated in the Permit and shown on any accompanying approved plans shall occur without the prior written consent of the Division of Energy, Mineral and Land Resources. (g) Any individual or entity found to be in noncompliance with the provisions of the Permit or any other stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S.143, Article 21. The covenants set forth in this Section 5 pertaining to stormwater management run with the land and are binding on all persons claiming under them and may not be altered, rescinded, or modified without the express written consent of the Division of Energy, Mineral and Land Resources. The State of North Carolina is made a beneficiary of the covenants above stated to the extent necessary to maintain compliance with the Permit, and such covenants run with the Property and shall be binding on all Persons and parties claiming under them. Section {. Each Owner of a Lot which borders a water retention area, drainage easement or drainage swale area shall be responsible to maintain any portion of that Owner's lot lying within a retention area, drainage easement, or drainage Swale area in compliance with the Permit and free of debris but shall not remove any wetlands species or do anything that would affect adversely water quality within the water retention area. No structure of any type shall be permitted within the water retention areas, drainage easements or drainage swale areas. Swimming and bathing in water retention areas are prohibited. Docks or other structures shall not be erected in water retention areas without the prior written consent of the Association. All other uses of water retention areas shall be subject to the prior written approval of the Association and such rules and regulations as the Association may adopt from time to time. W. ----- -- -- - - - - ARTICLE XIV GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by 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 an 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 way affect any other provision, which shall remain in full force and effect. Section 3. Amendment. During the Development Period, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is (i) necessary to bring any provision into compliance with any applicable governmental statutes, rule, regulation, or judicial determination; (ii) necessary to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable it to make or purchase mortgage loans on the Lots; (iv) necessary to enable any governmental agency or reputable private insimmce company to guarantee or insure Mortgage loans on the Lots; or (v) otherwise necessary to satisfy the requirements of any governmental agency for approval of this Declaration. However, any such amendment shall not adversely affect the title to any Lot unless the affected Owner shall consent t1weto in writing. Except as, otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote oil or written agreement signed by, Owners of Lots to which at least sixty-seven percent (57%) of the total votes in the Association are allocated, and Declarant's written consent during the Development Period. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Amendments to this Declaration shall become effective upon recordation in the office of the Register of Deeds of New Hanover County unless a later effective date is specified therein. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration. No amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant or the assignee of such right or privilege during the Development Period. Section, Interpretation. Headings used herein are for indexing purposes only and shall not be used as a means of interpreting or construing any provision hereof. Unless the context 29 _­_ ____ --v- ' __ otherwise requires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders; and the use of the word "including" shall mean "including, without limitation". This Declaration and the provisions thereof shall be construed and enforced in accordance with u e laws of the State of 'North Carolina. Section 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the consent of the Declarant and, if required, by the appropriate governmental authority. Section 6. Declaranfs Right To Change Development. With the approval of the appropriate governmental authority, and subject only to such terms and conditions as said authority may impose, Declarant shall have the right, without consent or approval of the Owners, to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties. Declarant may convert any Lot or Lots or any other property subject to these restrictions to use as a roadway and/or road right-of-way. Section 7. Right to Dedicate Streets. In the event that the streets and roadways providing access to the Kaylie's Cove Subdivision are accepted as public roads by the North Carolina Department of Transportation, then and in fhat event, the Declarant and/or the Association may petition the North Carolina Department of Transportation to accept the streets and roadways within the Kaylie's Cove Subdivision as public roads. Section 8. Rules and Regulations: Enforcement. The Board shall have the authority to adopt additional rules and regulations governing the use of the Common Area and the Lots within the Subdivision and shall furnish a written copy of said rules and regulations to the Owners) of each Lot at least fifteen (15) days before such rules and regulations become effective. In addition to any other rights and remedies that the Association may have, the Association may impose sanctions for a violation of the Association Documents subject to the notice of hearing, evidence, and appeal§ procedures set forth in §47F-3-107.1 of the Act, which sanctions may include, without limitation, reasonable monetary fines not to exceed One Hundred Dollars ($100.00), provided that an additional fine of up to One Hundred Dollars ($100.00) per day may be imposed for each day more than five (5) days after the decision that the violation occurs, which shall constitute alien upon the Lot of the violator, and suspension of the right to vote and the right to use the Common Area and any facilities thereon. In addition, as provided in the Bylaws, the Association may exercise self-help to cure violations (specifically including, but not limited to, the towing of Owner and tenant vehicles that are in violation of parking rules) and may suspend the right of an Owner to use any Common Area and recreational facility within the Properties if the Owner is more than 30 days delinquent in paying any assessment or other charge due to the Association. The Association shall at all times have the right and easement to go upon any Lot for the purposes of exercising its rights hereunder, including, but not limited to, enforcement of the Architectural Guidelines applicable to the Properties. Any entry onto any Lot for purposes of exercising this power of self-help shall riot be deemed as trespass. All remedies set forth in this Declaration and the Bylaws shah be cumulative of any remedies available at law or in equity. In 30 ----- ---- --;W- - -- any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such action. The Association shall not be obligated to take action to enforce any covenant, restriction or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association's position is not strong enough to justify taking enforcement actions. Any such determination shall not be construed as a waiver of the right to enforce such provisions under other circumstances or to estop the Association from enforcing any other covenant, restriction or rule. [SIGNATURES ON FOLLOWING PAGE] [Remainder of page intentionally left blank] 31 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration under seal this 11 day of September , 20 17 . BILL CLARK HOMES OF WILM NGTON, LLC (SEAL) a North Carolina limited liability company By, SEAL Name. Title: By: (SEAL) Name: Title: 32 ---^ ---- --o- -- STATE OF NORTH CAROLINA COUNTY OF �►ow-,4 gz I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: ak Ll Date: 4--Q q\0 nhe ;f- N\ aov-1 (Official Seal) NO �aY�y a "DVrs�.\a zvft OVER Gq, -klrv,A % 91� Signature o tart' Public 7TYnC Notary's prin d or typed name 1My commission expires: A Notary seal or stamp must appear within this box. 33 - - -- -_W- ' -- STATE OF NORTH CAROLiNA COUNL TY OF W n ag- I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: (Offleial Seal) �1 ko, �61.1r+ ar Notary seal or stamp muct 67SCIiweWotar"yPub_fi�c_ t- ibly commission expires: r —�-near within this box. 34 ----- - - -- - -- EXHIBIT "A" Legal Description of Property Those tracts or parcels of land lying and being situate in New Hanover County, North Carolina, and being more particularly depicted as Lots 1-27, inclusive, "Brown Pelican Lane", Drayton Court", "Passive Open Space Common Area Storm Water Easement", "Active Open Space Common Area Drainage Easement", and "Active Open. Snag Common Area" on the map entitled "Kaylies Cove Phase I" recorded in Map Book 63, Pages 171-172 in the office of the Register of Deeds of New Hanover County, North Carolina. 35 EXHIBIT "B" Legal Description of Additional Property Tract 1 at a westerly ctamt or of a tract d0mfhed in a deed to William W. Hardee reaordad in Deed Book 1137 at Pages 1818 in tits New AamM Ca in tm P� Book?h84 Y line of at Md descdbedin a deed to the C ato1 MYRagew remwded m Dead Page 427, T3rad 2 in ft New Hanov�ar Y aad b� � PO& of Tb=Jxk from said point ofbegim ing with said RagMs Tiact 2 tins, North 0 degrees 09 minutes 44 saaaada Nast a distance of 546.73 feat to apoint is as in a deed to &o, Carol of a tract dented �Y ieoorded in Deed Boole 2494 at Page 427, Tzen 3 lies the New RM°M Cmaty Registry. 11MM anew1f1V0.•S0U& 54 dogma 57aAmam 53 Fast a distance of 348.36 fba to apoint in afar Bargee lino Mmme, 39 dwig said Hardee line, Swath grees 17 mhog es 20 seconds West a &tax w of 448.01 &at to the POINT OF B +F.CiIN Ma. 7he above efl parcel conisim 1.79 aara (77819 sq. &) aid is a dewed in Deed Book 1 I50 at y. trams Pag�a 585 iai the NewHano�var CrountY R,y, This is the same property described in the deed dated May 13, 2016 and recorded in Book 5970, Page 566 in the office of the Register of Deeds of New Hanover County. 36 Tract 2 g at 1 pout at the ROWh vc*rly 00mer of a bmt desmgmd is a deed to the (trace L. Griffla P%"00 k Trust reeoidgd iu Deed Book 3006 at Page 556 in the New Hanover (b,Wy 17. Seed Point bung in the norlhadY '*Of -way am of Myjde, �°�� sway)) as shown on a Drive (60 faot Hanover C01"Y Registry aad b ' ofbeded inI�tap Book 49 at Page 126 in the New VicOs *0M 93H Paint ofb&jmmS wlthiWdnm*edy .line ofMyzda i3u&m Drive, Noah 71 agrees 43 mkutes 31 sods slat a dfigm roe of 40.81 feet to. apaaut at the soufficasWly 00=wOfatract dwaibed Inadead to Carol 427,1iact 2 is the Now Haaovra � RiDS= recorded in Deed Bock 2484 at Page Tract, Nord 0 deg 09 mints 44 � Of22440.52 fa � �Rogam mat corner of a tract dum-bed in adeed 1� at tB 1150 at Page 585 in the New Hanover C �� R. Rowlmd r000rctcd in Dad Book sddRawland Tract, North 39 d ' y. Thy' w1& the soudmaswd Ike of agrees 17nft tes 19 s0ondsEWadisfanoe of 699.10 fed to a point'lkencm6 a now lip �Q-oulh 50 &-glees 42 nffimfm 41 seconds Fast a disWm of 199.75 motto apolutin awa y�e of aforesaid Grace L. Griffin Revocab ZivstT . Thencie, 857. said t tD a p of 50 3 degrees 52 n 19 seconds Wed a dista= of 857.55 feet to a point. Tb � ouch 39 distmlw o;� 12.59 feet to the POINT OF BAG. � � 19 ''°� West a The above dean'bed parW gains 3.63 awes (ISS317 sq, R) sad is a portion of&=t wts recorded an Dead ]Book 1074 at Page 852 and Daad Book 1137 at Page 181$ the Never der Countyitegi*y. This is the same property described in the deed dated May 16, 2016 and recorded in Book 5970, Page 5?.:8 in the office of the Register of Deeds of New Hanover Cflcaity. Tract 3 37 dcsmW deed roPoc'IfftOle QmePa*mMaWdmDadBog 11B0 iAge 691 i te New Rmom 54 Rushy. kid pit 6ig to nmfh* cm of a mty hawie*WW'IiWtCWRop=ddiWM2499hpi271 Tad 2m6cNow Haver foutyPOedYcilyngmteaodogUafweylmd Pox9md-SR 1521 (0 foot A pic io-of.jq} bm lb al W&ly is d Phv Roil &�I062 dean Win fl zno4WdW.00 fA SA a diva it mktaiS smi klK19Wt apiddbub* =d ehtldwWm edccd6DodkyLrWRcmmnkdmDad&akTI5 dPop 31 A11ewhna �efim�d�dh�mhgaiPodd�Podp�cBod,3o�Qd�m IS MWO 36 MA Elit abuffi,42 fedt a�mtdbmy tawdemd &MW #m a W t Dot Ti0i ft acW i Deed Bd 0 dPp$ Tw2ibxcWRwT*b9ky, *Villiftbo SAA*w 12 �Mn3S ami WdthcodAll3 fcctb opit mnm4iyraofd UdeyUMW PWitmm,ehidBoFlatlA 0d"35 31zoo NA- isON wbie2Wi07(n lim dmWpvl cmiimO m �17*q 1) md iidpwduw j&d Boi,101 athp %�Tad I ia Mew Hanover C" ho, 38 - - --- - - -- ---;w- -- - Tract 4 To arrive at ft point of beginning commence at the narthastedy CMUM of a tenet described in it deed to the Thstew of Myrde (trove Phabyteaian Church recorded in Deed Book 1100 at Page 691 in the New Hanover Catmiy Registry. Said paint being the narthwrly comer of a sixty foot wide parod desux'bed in a deed to Cams Rogues mm*d in Deed Book 2484 at Page 427, Tact 2 in the New Hauovrx County Registry and also lying in the southerly rigixt-of-way Due of Pier Road - S.R.1521(60 hoot wide public right -of MY). Uenoe ift said fly line of :Panes Road, South 62 dogcees 08 minutes 53 seconds Writ 60.00 feed South 62 degrees 11 lees 35 :secods But 106-19 feet Scutla 62 4pgm 15 Minutes 38 sewnds Bast 634.42 f 1Q tUo nomtheastedy comet of a parcel desorr''bad in a deed to Dorothy i1ugi & Cartm Heirs recorded inn Deed Book 907 at Page 26, 7hd i in the New Hawm+ear County Registry and being this point of ba&nng Timm, from said point of with said so * Jim of Finer Road, South 62 degrees 16 mbar 36 seconds Bast a distance of 207.16 feet to a point at the nor&wwt.P-* corioer of a ttrA dewrW in a deed to Carol Gay Rugs re=ded in Deed Book 626 at Pap 558 in. tW New Hanover County Registry, Theawey with said Rogers fly ling, South SO degrees 24 rm'nus 11 seconds West a distam of 200.08 feet to a point in a westedy be of it tract des- w'bed in. s deed to Carol Gay Rogers recmded in Dead Book 2484 at Pap 34, Tract 3 inthe New Hanover Cry RAY, MzWes with said Rogers wester line Sou& 50 degrees 18 nau t es 22 seconds Went adistance of 781.45 feetto apoint iaan easterly line of a tract dw m'bedin a deed. to Carol Cray Rogers recorded in Deed Book 2484 at Page 34, Thant 2 in flue New Hanover County Registry. Thelnm, with said RD90 easterly line North 0 degrees 39 40 seconds Bast a dish of 147.02 feet 10 a point at the soutiy cmm of a tract did in a deed to Dudley I.kWOOd Rog= Jr. recorded in Dead Book 775 at Page 309 in dwNow Hanover County RAgiatry. Tluanee, wilh said Rog= easterly line North 0 deenees 31 minutes 08 seconds Bast a dbtemae of 101.68 feet to apoint soufta0dy corner of apared'desed1W in a deed to Dorothy VR- *k CnterHeks recorded in Deed Book $07 stPage,262 Tied 1 itftNew Hanover County Re&"- Thaoce, with said Rogers and dy line North 50 degrees 12 nmmtes 35 seconds Bast a dish of 741.13 fiat to the POINT OF BlODMG. The above descn%edparaal contains 3,76 ames (163898 mil• ft.) sod is dW par l de=1W in Deed. Boric 907 of Pap 26, 7kad2 inthe Wow Hama Cawdv Redsev. Tracts 3 and 4 are the sane tracts of land described in the deed dated April 19, 2016 and recorded in Book 5970, Page 533 in the office of the Register of Deeds of New Hanover County. Tract 6 39 ftfi;m�pcamtof�mdda�diedmib�C'fto�adM�t 6wcP�a�fimad�c�&ri(IB�iP��l6�ik�l�Ota Sid *Ikz' b NMI iot-of-way k ofPk RW - Sl ICI (W foot A Pic 0-domy) aIhmqbPh6 Buk�d*dbq*limgidWWY*4,uybof?iubd 9wm6 6ada6dwHIM Oah m6�al�mae�abd&odma W t Ddq IkW Rp k, iosw i DzdBatfidPg�3�rthMcw�aQ�gP�.l6mmcsr��Cv� he did DdcybgmX SA27 dW 35 mWj 0 stold'svcd a ikoo d 119-75 fedt apokt apmlmemPonlytiadatWdmmWgiWpMIA be P*n CW=*d iMM 10 #?* ION k&XcwHmom* 1 ���d�11�4tk�16dc�a�mm�aS9ambWata fiWf ligfdtapitTkc4Nod52dp3?mitsgtcm&Wda iftmd,M hit Ot &i"y=d*WTft &mhvb*Qkkd *mbic*beof idTmfthdN.qlv 1"31 B&h 0.�sswimabrcem'o.NfomPoCPONT OPT. fm im WW * O&Wm 1, 12 am (03 R, i) W i's tW * b& i Ded NoIN 0*473 W2AoNaBmwafad7b*, 40 ----- - --- --v- I -- Tract 6 Commencmgat apomtin the no dwlyught-of-way lme dMOO GardmsDrave(60 Wwide r WRY) as dom on a map rwm&d in MV Book 49 at Page 126 in to New Hmover Co" may. Said port being in Aa; eesb* line of atract deed in a deed to *do (km Ptesbyte m Church rrnoa+ded is Deed' Book 1424 at Page 1074 in the Near Haaavor Cotuu R y and being tho p& of be Thence, frca ski point WDOSIDU4 almgmd with the lines of said My 6 Gm Preaby mim Ckwh No _ 6? darees 39 miRM 16 Mon61fast s ft-t os 436.48 ibet to apodnt Thence Nbit 13 dWam 04 mial%s SO Beo07111w, But a dialmoe of 68,11 f t to a poi. Them Nosh 8 &NM 06 minim 59 seccondsEed a di*m of 42230 foot to a point. Thum North S dog = 55 mutates 54 secmtds West a &MW of 535.95 feet to a point Tbmw North 19 dog= 07 minutes 19 seconds West a distance of 42.05 hdto apoWint m souffiedy Una ofa had deamibedinatcedtoUkyLiawoodRogem retarded is Deed Book 775 at page 308 in the Kew Hanover Gunny Remy. Thmxm, with said Du ft Linwood Rogan soudwlyline South 69 degroas 45 mmufiea 14 secondohea distance of453.32 fed to apointin due s ly line of a ftM described in a deed to Dmothy Vk&i War Heirs rwx*d in Deed Book 807 at Page A Tract 2 in the New BMW CO" Regisky. Tl , w& said Caft Deus lime SoA 0 dog s 39 mimes 40 E-.= West a dkim of 147.02 fact to apoint iau a we** fim of a tract desaW in a deed to Carol Gay ROM recoeded in Deed Book 2484 at Paga 427; Tract 3 in the New fiver 0" Regmtry.1'lmwqc with said Rogers Iine Saath 0 dogrom 39 mmutm 40 sewnds Wed a dMance of 80.50 feet to a point in the weste ly line of a tract cias,`bed in a deed to Daniel R. Rowland recorded is Deed Book 1150 at pap 585 in to Now Rom mr cmty R,e&trp. lbox , with said Ryland gne &xd 0 dsgreas 09 min 44 s=A& Bad a duce of $46.73 fW to a point iaa a weWly lithe of a tmd descrt'zd in a used to Wham W. Harden t+ecorded in Deed Book 1137 at P 1811$ in the New Hamer CmgRegistry. Thenoe,wA mid Hardee liar ad the waftly line of atmd desmiW in a deed to WdHmn W. Riudeerecorded in Deed Book 1174 atPage kintheNwHmar County try. South 0 degrees 09 mimttas 45 ,coon& Ead a Mmw of 240.52 Poet to a point in the ahresaii nm*m y right of -way line of Myrtle Gm*w Dtim Tom, along sand n dharly �-wq► Wises ofMyrtla battens Drive North 71 depm 43 minim 31 secmds Wet a dManca d47.20 feet to a POkt Thence North 76 degrees 19 mimes 22 seconds West a dtstanca of 362.51 feet to the POW OF BIRODMO. TimabovO dMriited Pawd :iams 920 acres (400909 sq. ) and isfiat pared &=W in Dog Book 2484 at Page 427, Thd 2 in the Nov Mount County Registry. Tract 7 41 To aka at ths point of beginnnng commence at the fly corner of a tract deibed in a deed to the Trmtws of Myrtle Grove Pr=bytecian C UMh recorded in Deed Book 1100 at Page 691 in the New Hanam County Registry. Said point being the norihwestetiy coxner of a sixi�+ foot wide parcel, described in a deed to Carol Rogers recorded in Deed Book 2484 at Page 4270 Tim 2 in the New HenoverCounty Rsgist<y and also lying iu the southerly right-of-way line of Pines Road.— S.R.1521(60 foot wide public right -of way): Thence with said soueMy lime of r,'t-- P, ,Loy 62 dWrIM 08 DkYQLN 53 secon& Wtst 60.00 feat Soufa 62 degrees 11 minutes 35 seaounds Bast 106.19 feet, South 62 degrees IS naumYOes 38 seconds East 634.42 feet, South 62 degrees 16 minutes 36 seconds East 207.16 feed and South 61 degrees 59 minutes 10 seconds East 108.09 feet to the norQMjWy corner of a parcel described in a died to Carol Rogers Holt recorded in Deed Book 626 at page 558 in the New Hanover County Registry and be ng the point of booming-, Thence from said point of beginnin with said scut.y Aw of Pinar Road, &nA 61 degrees 59 minutes 10 seconds East a distance of 19336 feet to a point at the MW Uik terly corner of a tract described in a deed to Branswl,ck Place Old Fayatievillo Road LLC recorded in Dead Book 5709 at Page 1485 in the Now Hanover County Registry, Thmce, with its wesietly lime of said Brunswick Place tract South 35 degrees 000 minutes 40 seao®ds West a Rance of 194.99 feet to a point at the n orihoasWIY comes of a tract deactibed in a deed to William V. Hardee racox ied in Deed Book 1137 at Page 1818 in the Now Hanover County Ra&try. Thorax, with the said Hardee t t lines North 61 degreas 47 mks 00 secomb Wesc a distance, of 102.05 feet to a point. Thence South 39 degrees 20 minutes 21 seconds West a distanrs of 311.89 feet to a point northeasterly canter of a ftd desouffied in a deed to Daniel R. Rowland recorded in Deed Book 1150 at page 585 in the New Harwver County Registry. Th,m, with said Rowland iract lines, North 33 Rues 10 minutes 56 seconds'W'est a distance of 150.79 feet to a point. Thence South 73 dogc+ees 43 mina w 46 seconds West a distance of 132.75 fact to a point Theme South 64 degrees 41 minutes 16 seconds West a distance of 129.39 fed to apoirnt, Ijame South SO degrees 12 minutes 57 seconds West a distance of 395.31 feet to a point in tim easterly line of a tract described in a deed to Carol Gay Rogers recorded in Deed Book 2494 at Page 427, Tract 2 in the Now Dover County Registry. ice, vrith said R ogaw Tract line, North 0 degrees 39 mimes 40 seconds East a distance of 90.50 fwtto apointinthe smhcomer ofa tract dwmibed in a dead to Dorothy Virginia Carter Halts recorded in Deed Book 807 at Page 26 in the New Rawtrer County RqOstiY Tom, wlth the easteorly line of said Carter tract, North 50 degrees 18 minutes 28 seconds East a distance of 781.48 feet to a point in the aforesaid Carol Rogers Holt tract. Thence, with the lines of said Holt tract, South 62 degrees 00 minutes 22 seconds East a distance of 108.10 feet to a point. Thence South 62 degrees 00 minutes 22 seconds East a distance of 49.82 feet to a point Thence North 36 degrees 07 minutes 10 seconds East a distance of 186.80 feet to the POINT OF BEGINNING. The above described parcel contains 3.47 acres (151291 sq. ft.) and is a portion of the property described in Deed Book 203 at Page 34 in the New Hanover County Registry. Tracts 5, 6, and 7 are the same tracts of land described in the deed dated March 23, 2016 and recorded in Book 5970, Page 551 in the office of the Register of Deeds of New Hanover County. 42 Tract 8 BEGIVNING at a stake on the South side of the Belt Road at the edge of said road, said stake being located 105 feet eastwardly as measured along the Southern line of said Belt Road from the northeastern cornar of a 19.8 acre tract of land conveyed by Alice O Southerland to Dudley Rogers by deed recorded in Book 203 at Page 34 in the office of the Register of Deeds of New Hanover County and running thence South 59 degrees East along the southern line of,said Belt Road, 210 feet to a stake, the Northeastern corder of a tract of land conveyed by Alice O. Southerland to T. D. Pinar and wife, Henrietta C. Pinar, by deed bearing data October 18, 3.941, and duly recorded in Book 310, at Page 492, in the Office of the Register of Deeds of Now Hanover county and running thence South 42 degrees 45 minutes West and along the easterly line of the tract of land conveyed to the said T. D. Finer and wife as aforesaid,.1698 feet to the old Montgomery line, running thence Westwardly along the old Montgomery line, 315 feet to the Southeastern corner of the aforesaid 19.8 acre tract'of land conveyed by Alice O. Southerland to Dudley Rogers as aforesaid; running thence North 42 degrees 45 minutes East and along the easterly line of the said'Dudley Rogers 19.6 acre tract of land, 856 feet, more or less, to a point in said line, which is located South 42 degrees 45 minute Nest, 840 feet from the Southern line of the above mentioned Belt Road; running thence South 59 degrees East, parallel with the Southern line of the above mentioned Belt Road, 105 feet; running thence North 42 degrees 45 minutes East, parallel with the second call hereof, 840-feet to the point of ?BEEGI3W , in the Southern line of the said Belt Road containing 10 acres, more or less, and being all of that tract of land conveyed to T.D. Pinar and wife, Henrietta C. Pinar by deed from Alice 0. Southerland, bearing date October 18, 19411 and duly recorded in Book 310 at Page 492 of the New Hanover County Registry, EXCEPTING frotp the tract conveyed to said Pzner as aforesaid, two acres located in the extreme Northwestern corner of said tract, fronting 105 feet on said road and running back between parallel lines, 840 feet. EXCEPTING ALSO from the above tract that parcel of land conveyed from James R. Griffin at ux to T.D. Pinar by Deed recorded in Book 466 at Page 291, New Hanover County Registry and described as follows: BEGaMING at a OtRks on the South Bide of the Belt Road at the edge of said road, said stake being located 105 feet Eastwardly as measured along the Southern line of said Belt Road from the Northeastern corner of a 19.8 acre tract of land conveyed by Alice O. Southerland to Dudley Rogers, by deed recorded in Book 203, at Page 34-in the Office of the Register of Deeds of New Hanover County, and running thence South 42 degrees 43 45 minutes west along the westerly line of a tract of land conveyed by T.D. Pinar to ,Tames R. Griffin and wife, by deed bearing date Julie 6; 1950, and recorded in Book 466, at Page 70 in . the office of the Register of Deede of New Ran,over County, 84y feet; thence South 59 degrees East, parallel with'the Southern line of the above -mentioned Belt Road,.10 feet; thence North 42 degrees 5 minutes East, parallel with the first call hereof, 840 feet to a point in the Southern line of the aforesaid Bell- Road; running thence North 59 degrees west along the Southern line of said belt Road, 10 feet to the point of BEGINNING, the same being a part of the tract of land conveyed by T.D. Pinar -to James R. Griffin and wife by deed recorded in Book 466 at Page 70 in the Office of the Register of Deeds of New Hanover County. BEING all of Lot 124, Section a, Sentry Ceike, as shown on that map recorded in Map Book 36, Page 166, New Hanover County Registry, reference to which map is hereby made for a more particular description. This is the same property described in the deed dated August 2, 2001 and recorded in Book 3006, Page 556 in the office of the Register of Deeds of New Hanover County. Tract 9 ft ftzbPftw I at Aw J the * n4df3n lies,, mid �P a f'cr ty fim (45) mbatbes vest thirteen htndod sa Wft wean aed nfft ass l'bs 0d9 UM(B+R�!)1531, .377.09) irk fv= anUMptpe in the MUU ni 1#ae of Puss- dM tv a 0 ftt td4ft cE uW,r sad pig bMIMO ClUrlfs E. UInt's cor�ee as nsd=M �n dud bock 373 at page 901 CC the MW VAzxW t =tF Y wed awes R. Glclifia s taorUMMt auoM as taeooa)d in deed bock 466 at pegs 70 cf ssid _ + rM P011* bW* 10MM south (56) Wi fi sattheta line a! said i�htsr �a VdzbM itssh=kI�3.e6f feet al*V the DrUe if sass � � r� the a lies t�E �deel,e f five 345) �tadd ee�ant3esi I17) degcl ad � 4cive ft m is satth eert � CC Iot 1 .at M) feet along zaMcft in ft Dok 11 at Ph5p 71 ct the Rea lbao w GantV a dd cE b@%hmL-q Wth 'may, tmme f0m wd t°° Md tit cru � (� AS fat ca izM pit*,, I I , ,e south O (a) w d QIMM (11) MftA*= west � and sky-Umm f�w (4) octant ukafthe ad ) fast to an old 3sce pdps, thetoe aarkh �e (531 depow 195.141 feet to a Y (30) seauttle vest fire and fiazbmn ate htr dcedts 3o aao& wet tist� � ift Ini CM h � (91 feet b s ana Pam' tumm -� 466) � ate 8) ho dtlatem (rd tU 1 feet) a samab wed r tom) � mnd #hix�► (30) afareRMUM ad � CM hzdcodUs (92.41) feet to an inn Pipe in the lam, trees with sd lm M, f� � (44) arc (4s� ao t.mdmd eix� atn n=(6.95) �r aces or lees. 44 This is the same property described in the deed dated September 15,1988 and recorded in Book 1430, Page 1325 in the office of the Register of Deeds of New Hanover County. 4Z5 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 3W CHESTNUT ST SUITE 102 • WILM NGTON, NORTH CAROLINA 28401 'Telephwct li-798-4530 • Fax 910-798-7716 3 �z M NOW- tj m li% C'% r ec . vE . MAY 0 5 2020 BY: State of North Carolina, County of NEW HANOVER Filed For Registration: 09/19/2017 12:53:35 Pik Book: RB 6089 Page: 759-804 46 PGS"$146.00 Real Property $146.00 Recorder: A'NG A A E:NGLISH Document No: 2017030375 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. please retain with original document cad submit when re-recording. TANMY THEUSCH BEASLEY New Hanover County 0 �- Register of Deeds Register of Deeds W ...: 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-7984 530 • Fax 910-798-7716 :WF State of North Carolina, County of NEW HANOVER Filed For Registration: 03/21/2019 11:19:59 AN Book: PLAT 66 Page: 72-73 2 PGS $21.00 Real Property $21.00 Recorder: ANDREA CRESWELL Document No: 2019007855 iiti#;i#i#ii#iikiiiiii#iiii#iti#i#i•k####i#####t#i#i###iiiiiti*####t#ii#ti*#tii#*##*#*tiiiii*#ti#####*#ti*ti# DO NOT RE110VE1 T}- m certification about 1s a vital part of your recorded document. Please retail with original document and submit when re-recording. BK: PLAT 66 PG: 72-73 EMECO 2 E-D. 0 3-21 2019 2019007865 NC FEE NEW HANOVER COUNTY, NC 00 11:19:59 AM TAMP THEUSCH SEMLEY W. ANDR€A CRFSVVELL REGISTER OF DEEDS AMISTANT