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HomeMy WebLinkAboutSW8060238_CURRENT PERMIT_20210615STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8(�23`E DOC TYPE] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Z02.10uI YYYYMMDD ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director June 15,2021 NORTH CAROLINA &w&vrtmentnl Quality Grayson Park of Leland Homeowners Association, Inc. Attn: Steven Watkins, President 1630 Military Cutoff Road, Suite 108 Wilmington, NC 28403 Subject: Permit Transfer under N.C.G.S. 143-214.7(c2) State Stormwater Management Permit No. SW8 060238 Grayson Park Phase I Brunswick County Dear Mr. Watkins: On April 9, 2021, the Wilmington Regional Office received a complete request from Maco Road Partners, LLC to transfer the permit to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration pursuant to 15A NCAC 02H.1045(1)(b) and N.C.G.S. 143- 214.7(c2). A file review and site inspection was performed on June 9, 2021 by DEMLR staff and, as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. The current permittee has attested that the requirements of N.C.G.S. 143-214.7(c2) have been met, including: 1. The "declarant" of the covenants meets the definition of a declarant as set forth in Chapter 47F, the Planned Community Act. 2. The permittee has submitted a completed and signed Permit Transfer Application Form; 3. The permittee has submitted a copy of the recorded deed conveying any common areas to the Association; 4. A determination by the Division that the project is in compliance with the permit as documented by the enclosed compliant inspection report. Documents provided by the permittee that the Division used to make the determination of compliance include: a. A copy of the designer's certification for any permitted SCMs; b. A copy of the recorded deed restrictions and covenants that includes: the project's state stormwater permit number, permitted stormwater restrictions and requirements, and BUA allocations for each lot; c. Verification that the permitted maximum built -upon area per lot has not been exceeded; d. A copy of the recorded subdivision plat documenting the number of lots and the locations of all required drainage and maintenance access easements as depicted on the approved plans; e. Verification that more than 50% of the lots have been conveyed to individuals (not builders). The Division is hereby notifying you that the requirements of N.C.G.S. 143-214.7(c2) have been met and that the subject permit has been transferred on June 15, 2021 and to remind you that this permit shall be effective until September 21, 2028. For your records, please find enclosed a copy of the updated permit, a copy of the inspection report, and a copy of the Permit Transfer Request Form. Please keep this cover letter and updated permit on file at all times. 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. The project is subject to the conditions and limitations as specified in the updated and transferred permit Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B 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 r/WIX NMA%Z North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 J State Stomtwater Permit No. SW8 060238 Page 2 of 2 the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Garrett Zorda in the Wilmington Regional Office, at (910) 796-7215 or garrett.zorda@ncdenr.gov. Sincerely, Cam- `)a4 Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History copy of the Permit Transfer Application Form copy of the latest inspection report DES/gdz: %Stormwater\Permits & Projects\2006\060238 HD\2021 06 permit 060238 cc: Andrew Sandman, Maco Road Partners, LLC, previous permittee Stephanie Hubble, Community Manager, CAMS Management Mason Manhertz, Cape Fear Engineering Wilmington Regional Office Stormwater File Q,. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office I i27 Cardinal Drive Extension I Wdm(ngtom North Carolina 28405 nrnm cepouw. 910.796.7215 State Stormwater Management Systems Permit No. SW8 060238 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 Grayson Park of Leland Homeowners Association, Inc. Grayson Park Phase I Grayson Parkway, Leland, Brunswick County FOR THE construction, operation and maintenance of five (5) wet detention ponds in compliance with the provisions of 15A NCAC 21-1.1000, effective September 1, 1995 (Ponds 4, 5, and 6) and October 1, 2008 (Pond 7 and a portion of Pond 1, see Section I.5), hereafter referred to as the "stormwater rules" and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of 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 September 21, 2028 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS l . This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section I.5 on of this permit. The subdivision is permitted for the following built - upon area: (Phase 1 A) Lots I through 59, each allowed 3,500 square feet; (Phase 1 B) Lots 58 through 95, each allowed 3,000 square feet, (Phase I C Sections 1 & 2) Lots 1 through 52 and Lots 87-88, each allowed 3,000 square feet, and (Phase I Section 3) Lots 53 through 86 and Lots 89-90, each allowed 4,000 square feet, and (Phase IA/1B multifamily) 60 units each allowed 2,160 square feet. 3. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system. 4. The tract will be limited to a maximum of 1,368,756 square feet of built -upon area. The wet ponds designated as pond # 1, #4, 45, #6, and #7 have been designed to treat the runoff from 465,462; 221,407; 334,310; 152,842 and 194,735 square feet of Built -Upon Area, respectively. Page 1 of 6 State Stormwater Management Systems Permit No. SW8 060238 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times: Design Criteria Pond #1 Pond #4 Pond #5 Pond #6 Pond 97 a. Drainage Area, acres: Onsite, it' Offsite, ft' 40.11 1,245,196 501,996 19.07 830,689 None 23.1 1.003,622 None 9.4 409,464 None 9.12 397.140 None bl. Total Impervious Surfaces, ft' (1) Buildings/Lots (2) Roads/Puking (3) Other (4) Offsite 465,462 3 15, 180 * 101,495 31,363 17,424 221,407 172.620 43,124 5,663 None 334,310 144,480 103.004 86,826 None 152,842 71,820 57,935 23,087 None 194,735 144,000 28.750 21,985 None b2. Total Impervious Surfaces, ft2 (1) Design Storm', 1.0 inches, It' (2) Design Storm'. 1.5 inches, W 456.462 9,000 * 221,407 0 334,311 0 152,842 0 0 194,735 c. Design Storm, inches I & 1.5 1 I 1 1.5 d. Pond Depth, feet 7.5 6.0 6.0 7.0 4.0 e. TSS removal efficiency 90 90 90 90 90 f. Permanent Pool Elev., FMSL 50.0 57.0 62.0 53.0 65.5 g. Perm. Pool Surface Area, ft' 49,482 10.972 15,150 9,028 24.487 It. Permitted Storage Volume, fP 46,338 15,991 32,579 14,014 43,219 i. Temporary Storage Elev., FMSL 50.9 58.2 63.8 54.4 67.0 j. Controlling Orifice, "0 pipe 3 2 2 1.5 1.5 k. Permitted Forebay Volume, ft' 9,429 4,974 8,615 3,771 22.175 I. Receiving Stream/River Basin Bishop Branch / Cape Fear m. Stream Index Number I8-81-7-1 n. Classification of Water Bodv C: Sw o. Max. horsepower for a fountain 3/4 1/8 1/6 1/8 l/3 'Impervious Area Permitted per 15A NCAC 2H .1008, effective 9/1/95 'Impervious Area Permitted per 15A NCAC 2H .1008, effective 10/1/08 * A portion of lots are designed for 1.5" storm per 15A NCAC 2H .1008, effective 10/1/08 H. SCHEDULE OF COMPLIANCE The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 2. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 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. 4. 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. Page 2 of 6 State Stormwater Management Systems Permit No. SW8 060238 No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property, area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approve plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or 457 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. 6. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 9. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 10. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 12. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 6 State Stormwater Management Systems Permit No. SW8 060238 13. The facilities shall be constructed, operated, and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 14. The following deed restrictions and protective covenants related to stormwater management have been recorded in Book 4407 on Pages 566-570 with the Brunswick 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 SW8 060238, 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 State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot for the subdivision is as follows. (Phase 1 A) Lots I through 59, each allowed 3,500 square feet; (Phase 1 B) Lots 58 through 95, each allowed 3,000 square feet; (Phase I Sections 1 & 2) Lots 1 through 52 and Lots 87-88, each allowed 3,000 square feet; (Phase I C Section 3) Lots 53 through 86 and Lots 89- 90, each allowed 4,000 square feet; and (Phase 1 A/1 B multifamily) 60 units each allowed 2,160 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 15. 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. 16. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 17. Decorative spray fountains 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 horsepower for a fountain in Pond #1 is 3/4, Ponds 44 & 6 is 1/8, Pond #5 is 1/6 and Pond #7 is 1/3. Page 4 of 6 State Stormwater Management Systems Permit No. SW8 060238 III. GENERAL CONDITIONS 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 pro}'ect 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; 2. 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. The permittee shall submit a completed "Permit Information U date A lication Form" (available on the Division website) to the Division within 30 days tom ing 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; 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 7. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 8. 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. 9. 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. 10. The Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. II. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Page 5 of 6 State Stormwater Management Systems Permit No. SW8 060238 12. If the use of permeable pavement is desired, this permit must be modified to add the permeable pavement conditions. 13. 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). Permit transferred, updated and reissued this the I5t' day of June 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION AL Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit No. SW8 060238 Page 6 of 6 State Stormwater Management Systems Permit No. SW8 060238 Attachment C - Permitting History Grayson Park Phase 1 Permit No. SW8 060238 Approval Permit BIMS Date Action Version Description of the Changes This original issuance approved the construction of 95 9/21/2006 Original 1'0 single family lots and 94 multi -family units with a total Approval of 1,165,022 square feet of built -upon area (BUA) draining to four (4) wet detention ponds. Plan This issuance approved the modification to the outlet 7/24/2009 Revision 1.1 structure of Ponds 4, 5 and 6, the forebay berm in Pond 4, and the removal of the clay key in Pond 1. This issuance approved the modification of the previously approved multi -family units within Phase I 12/1/2011 Modification 1.2 to single family lots. The overall project boundary was increased to include the entire Phase IC area and the drainage area to Pond # 5 was updated as a result. This issuance increased the amount of impervious area draining to Pond 1, however, Pond 1 was not physically modified. Pond 7 was also added to this permit with 12/9/2014 Modification 1.3 respective impervious area and lot layouts. An amenity pond was also added to this site (Pond 8), however, this pond is not an approved State Stormwater Control Measure. This issuance revised the lot layout for the Pond 7 drainage area. The number of lots remains the same at 36 Major lots. The BUA allocation for these lots was increased 10/10/2017 Modification 1.5 from 3,000 square feet to 4,000 square feet. Calculations were provided supporting the existing pond was able to accommodate the increase in BUA without physical modification. 4/8/2021 Renewal 2.0 This issuance renewed the permit until September 21, 2028 This issuance approved the transfer of the permit from 6/15/2021 Transfer 2.1 Maco Road Parterns, LLC to Grayson Park of Leland Homeowners Association, Inc. under G.S. 143- 214.7(c2). Page 1 of 1 Permit Number: (m be ovided by OWQ) Drainage Area Number:? N Q "L Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): EC E 0VE ❑ does ® does not incorporate a vegetated filter at the out • OCT 13 2M This system (check one): BV: ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — 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: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4 Permit Number: 51's? ()(Do)33 �(to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than s ra in . The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it wilI not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. (EckEIVE OCT 932014 Form SW401-Wet Detention Basin O&M-Rev.4 BY.Pa g 2 of 4 Permit Number: Z 00C)a1j'Z (to be provided by DWQ) Drainage Area Number: 7) BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs 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 Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5.5 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 5.5 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom 60 1 ----------------- FOREBAY BASIN DIAGRAM ill in the blanks) /-ft Min. Sediment Storage Form SW401-Wet Detention Basin O&M-Rev.4 Permanent Pool Elevation 65.5 Pool Sediment Removal Elevation 60 Volume Bottom Elevation 59 1 1-ft Storage MAIN POND OCT 13 2M 8 Page 3 of 4 0 Permit Number: -i (7(0013I o be provided by DWQ) �1 I acknowledge and agree by my signature below that I am responsible for the goNO performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Phase 1 A, 1 B, and 1 C BMP drainage area Print name:Andrew Sandman Title:Member (Manager, Maco Road Partners, LLC) Address:7101 Creedmoor Road, Suite 122, Raleigh, NC 27613 Phone:(910)362-1809 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, L l-L"'n rYam r, , a Notary Public for the State of VQY1 FZ (vf1r��i nR , County of Wake, , do hereby certify that �riciYe�v �JCLr�r��Ltf� personally appeared before me this day of 1 f 2DI4 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, Aq_._rct_. `M - SEAL My commission expires Form SW401-Wet Detention Basin O&M-Rev.4 OCT 132M BV:�_ Page 4 of 4 DEMLR USE ONLY Date ec 9 iveri Fee Paid Permit Number _ _ I� Stv? boa NC DEQ Division of Energy, Mineral and Land Resources E C F VVF' STATE STORMWATER: DEC 3 O L,_� PERMIT TRANSFER APPLICATION FORM 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: htto://deo.nc.gov/contact/regional-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(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 060238 2. Project name: Grayson Park Phase 1A. 1B. & 1C Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Transfer to Grayson Park of Leland Homeowners Association Inc. :CEI c- APR 0 9 2021 0 Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ❑ 1. Both the current and proposed permittees ® 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. ❑ 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 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. •CEB il,% DEC 3 0 2019 Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 .A t rat\ 1� .I.J C. SUBMITTAL REQUIREMENTS 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.: 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. N/A 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable 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. 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. ECEIVE APR 0 9 2021 9 ECEIVE DEC 3 0 2019 BY: Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 :� ,��M �t '` ��3i . ,� ;,..� r .. L' A. � I��. �r .� '� `. t)iii � "'.. - .. D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. 'Current Permit Holder's Company Name/Organization: Maco Road Partners, LLC 2. Signing Official's Name: Andrew Sandman 3. Signing Official's Title: Member/Manager 4. Mailing Address: 7101 Creedmoor Road Suite 122 City: Raleigh State: NC ZIP: 27613 5. Street Address: City: State: ZIP 6. Phone: (919) 845-6688 Email: I, Andrew Sandman 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; ® w ❑ the approved operation and maintenance agreement; APR t7 ❑ past maintenance records from the previous permittee (where required); BY 9 20?1 ❑ 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 DEMLR unless and until the facility is in compliance with the permit. Signature: e. Date: /� ` ll) ' /mil 1 l_ cu_Lrc� a Notary Public for the State of t'Aor_V.h C,c_rak�f- oC ._ County of 'v�0.�- , do hereby certify that AocAr-2u-) personally appeared before me oIheI.,,,,16) day of T) nb-2� d h'is thei': i..:•,,. , 20�_, and acknowledge the due S. „.r } ?eXecutivn of,the forgoing instrument. Witness my hand and official seal, (Notary Seal) V No�tar�Sigratiire:'rriPl(Q./L.\ .AA)17�t�i My commission expires 11 -Z- 2-Z ECEI CY E DEC 3 0 2019 BY Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1: Current Permit Holder's Company Name/Organization: Maco Road Partners LLC 2. Signing Official's Name: Andrew Sandman 3. Signing Official's Title: Member/Manager 4. Mailing Address: 7101 Creedmoor Road Suite 122 City: Raleigh State: NC ZIP: 27613 5. Street Address: 7 10 1 Creedmonr Rnad Suite 122 City. Raleigh . State: NC ZIP: 27G 13 6. Phone: 919 845-6688 Email: andvPccdattornevs.com I, Andrew Sandman , 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 le the DEMLR unless and until the facility is in compliance with the permit./'J Sinnnhim- . V' V Date: I'L ' 1-7 — 141 _ L t LLrc,_. a Notary Public for the State of r, OT _Vh C,0.rcmt - —. County of V40_'C , do hereby certify that A) r•2uL) personally appeared before me ,;Imvnn,_ I� day of ZX_SLrr bk.Y^ 20 IC, and acknowledge the due '64*1 tidtl ,w0prgoing instrument. Witness my hand and official seal, (Notary Seal) U s ^ 1ln r9n APR 0 9 2021 Y My commission expires I -Z- ZZ a 11 BY: Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 ' ' v StiS! � x E. PROPOSED PERMITTEE INFORMATION The proposed permittee is the: ❑ Property owner (Also complete Part F.) ® 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 owner 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): ❑ Corporation, LLC, Partnership, Municipality name: ® HOA / POA / UOA name: Grayson Park of Leland Homeowners Association. Inc. ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Steven Watkins b. Signing Official's Title: HOA President c. Mailing Address: 1630 Military Cutoff Road, Suite 108 City: Wilmington State: NC ZIP: 28403 d. Street Address: 7101 Creedmoor Road, Suite 122 City: Raleigh State: NC ZIP: 27613 e. Phone: (9 1 C) 540- 1 200 Email: Beachmeciia930? mad.com 4. If there is a Management Entity that manages the property for an HOA, PDA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: CAMS Management b. Contact Name: 5tephanie rubble Title: Community Manager c. Mailing Address: 3960 Executive Park Blvd Unit 8 d. City: Southport State: NC ZIP: 28461 e. Phone: (910) 256-2021 Email: cmitchell a()camsmgt.com ECEj � I= APR 0 9 2021 BY Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, , 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; ❑ 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 requirements listed in the permit and in the operation and maintenance agreement. Signature: Date: a Notary Public for the State of , County of , do hereby certify that personally appeared before me this the day of _ 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires APR 092021 ECEIVE DEC 3 0 2019 BY• Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 �!1. 1� IU��, C� 1 t�i ' ,I p V � 1 � �' � � .�� Yi 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: ZIP : I, , 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 DEMUR 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 my hand and official seal, (Notary Seal) Notary Sig My commission expires Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness APR 0 9 2021 BY: 8 MF=Cr=IVFh DEC 3 0 2019 BY• Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This farm may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Grayson Park Subdivision Phase I & I Contact Person: Perry G. Davis, PE Phone Number: 910 383-1044 For project with multiple basins, specify which basin this worksheet applies to: Pond #1 Elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation Areas Permanent Pool Surface Area Drainage Area Impervious Area Volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA Diameter of Orifice Design Rainfall Design TSS Removal 2 42.50 ft. 50.00 ft. 50.90 ft. 49,482.00 sq.ft. 40.11 ac. (door of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) Z7u(05� U( )L�Jy 11 m `A0�iy Qw 04ghc0'tChA' 203,309.00 cu. ft. 46,338.00 cu. ft. 9429.00 cu. ft. 0.73 11— 3.00 in. 1 in. 90 % (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of toWl�ygl�e) 0VE j� OCT 13 e (surface area to drain ag ea ratio from (2 to 5 day temporary pooBMraw-downre (minimum 85%required) REVISIONS PER EMN OCT 2014 TO ADD TWO NEW LOTS IN PHASE I Form: SWU-102 Rev3.99 Page] of4 Footnotes: t When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. 11. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been tnet and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Appl�jants Initials: a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d e. The temporary pool draws down in 2 to 5 days. If required, a 30-foot vegetative filter is provided at the outlet ( include non -erosive flow calculations) The basin length to width ratio is greater than 3:1. The basin side slopes above the permanent pool are no steeper than 3:1. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). Vegetative cover above the permanent pool elevation is specified. A trash rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right- o f —way. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does F0­d`ue_sno_tj incorporate a vegetated filter at the outlet. Form: SNV'U-102 Rev 3.99 Page 2 of 4 This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning . 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.) The measuring device used to determine the sediment elevation shall be as such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads �'feet in the main pond, the sediment shall be removed. / When the permanent pool depth reads -0 feet in the forebay, the sediment shall be removed. Sediment Remo\11EL.47.00' 75 -j_- --------Botlom BleJ� FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation — so. Do, i Sediment Removal F levation=h4,315 75% -------------------------------------------- Bottom Elevation= Z.St> 2517 / MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the Flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form: SNN'U-102 Rev 3.99 Page 3 of 4 All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Dennis Sullivan Title: Member/Manager Address: 7101 Creedmoor Road, Raleigh, N.C. 27613 Phone: 910 362-1809 Signature: Date: 1 -16 10/0 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of /�b2// 1 C 6YD�irILL County of Aleu ) #r-,-,PYe1e_' do hereby certify that personally appeared before me this /09t day of ,7-yo4. and acknowledge the due execution of the foregoing wet detention basin maintenance re uirements. Witness my hand and official seal, �ZARy /' U b�vG :o�af "iAN04EP4\��\ SEAL My commission expires A rd 075 o;feo -Vt- 11 Form: SNVU-102 Rev 3.99 Page 4 of 4 1. 5-W 9 o60 238 � Permit No. (io be provided by DWQ) State of North Carolina Department of Environment and Natural Resources �` Division of Water Quality ' ^--4Kn)SLY STORM WATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Grayson Park Subdivision Phase IA & I Contact Person: Perry G. Davis, PE Phone Number: 910 383-1044 For project with multiple basins, specify which basin this worksheet applies to: Elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation Areas Permanent Pool Surface Area Drainage Area Impervious Area Volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DAB Diameter of Orifice Design Rainfall Design TSS Removal 2 51.00 fr. 57.00 ft. 58.20 fr. 10,972.00 sq. ft. 19.07 ac. 3.77 ac. 24,410.00 cu. ft. 15,991.00 cu. ft. 4,974.00 cu. ft. 1.20 2.00 in. 1.00 in. 90.00 % Pond #4 (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of total voltune) (surface area to drainage area ratio from DWQ table) (2 to 5 day temporary pool draw -down required) (minimum 85% required Form: SWU-102 Rev 3.99 Page I of 4 Permit No. 5W%06C 238 (to be pni ked by DWO) V) TA6 O�OF W AT E9, r r NCDENR t 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 111) must be printed, filled out and submitted along with all of the required information. 111P,RO.IECTI IKIRMATION Project name Grayson Park Phase 1 Contact person Elizabeth M Nelson, PE; Cape Fear Engineering Phone number (910)363-1044 Date 4-Oct-17 Drainage area number Pond #7 RIOESIGN MREEATION Site Characteristics Drainage area 397,140 fe Impervious area, post -development 194,735 fe Impervious 49.03 Design rainfall depth 1.5 in Storage Volume: Non -SA Waters Minimum volume required 24,390 f' Volume provided 43,219 (t' OK, volume provided is equal to or in excess of volume required. Storage Volume: SA Waters 1.5' runoff volume tts Pre -development 1-yr, 24-hr runoff ft3 Post -development 1-yr, 24-hr mnoff fe Minimum volume required fl' Volume provided to Peak Flow Calculations Is the pre/post control of the Iyr 24hr stone peak flow required? N (Y or N) 1-yr, 24-hr rainfall depth in Rational C, pre -development (unitless) Rational C, post -development (unidess) Rainfall intensity: 1-yr, 24-hr storm m hr Pre -development 1-yr, 24-hr peak flow ff3/sec Post -development 1-yr, 24-hr peak flow f'/sec Pre/Post 1-yr, 24-hr peak flow control fP/sec Elevations Temporary pool elevation 67.00 first Permanent pool elevation 65.50 fnlsl SHWT elevation (approx. at the perm. pool elevation) 64.05 fmsl Top of 1 Oft vegetated shelf elevation 66.00 f risl Bottom of 1 Of vegetated shelf elevation 65.00 fmsl Sediment cleanout, top elevation (bottom of pond) 60.00 fmsEh l C ® � En Sediment cleanoui, bottom elevation 59.00 fmsl w Sediment storage provided 1.00It OCT A 5 2997 Is there additional volume stored above the state -required temp. pool? Y (Y or N) Elevation of the top of the additional volume 67.0 hnsl OK BY -- Form SW401-Wet Detention Basin-Rev,9-4l1a112 Pam I. a 11. Design Summary, Page 1 of 2 Permit fro be pawded by DWO) alDmcN WF,ORMATION Surface Areas Area, temporary pool Area REQUIRED, permanent pool SArDA ratio Area PROVIDED, permanent pool, A, _u Area, bottom of 10tt vegetated shelf, A._., Area, sediment cleanout, top elevation (bottom of pond), A..,,, Volumes Volume, temporary pool Volume, permanent pool, V„. .i Volume, forebay (sum of torebays if more than one forebay) Forebay% of permanent pool volume SAIDA Table Data Design TSS removal Coastal SA/DA Table Used? Mountain/Piedmont SAW Table Used? SA/DA ratio Average depth (used in SAIDA table): Calculation opbon i used? (See Figure 10-2b) Volume, permanent pool, vm.- „ Area provided, permanent pool, A.._. 31,703 ft' 11,080 f 2 2.79 (unless) 24,487 ft' OK 20,858 ft' 9,750 ft' 43219 ft' 85,019 ft3 22,175 rya 26.1 90 Y (Y or N) N (Y or N) 2.79 (unitless) N (Y or N) 85,019 ft' 24,487 It' OK Insufficient forebay volume. Average depth calculated It Need 3 tt min. Average depth used in SA/DA, d,,, (Round to nearest 0.511) ft Calculation option 2 used? (See Figure 10.2b) Y (Y or N) Area provided, permanent pool, A.._,,,, 24,487 ft' Area, bottom of 1 Oft vegetated shelf, Am,.r 20,858 ft' Area, sediment cleanout, top elevation (bottom of pond), Au,t p 9,750 fe 'Depth' (distance b/w bottom of I Oft shelf and top of sediment) 5.00 It Average depth calculated 4.13 tt OK Average depth used in SAIDA, d,,, (Round to down to nearest 0.5tt) 4.0 tt OK Drawdown Calculations Drawdown through orifice? Y (Y or N) Diameter of orifice (b circular) 2.00 in Area of orifice (if -non -circular) in' Coefficient of discharge (Co) 0.60 (unitless) Driving head (H,) 0.50 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 rya/sec Post -development 1-yr, 24-hr peak flow ft3/sec Storage volume discharge rate (through discharge orifice or weir) 0.07 ft3/sec Storage volume discharge rate greater than pre-dev. 1y24hr. Storage volume drawdown time 3.80 days OK, draws down in 2-5 days. Additional Information Vegetated side slopes 3 :1 OK Vegetated shelf slope 10 :1 OK e E C Vegetated shelf width 10.0 tt OK E WO Length of flowpath to width ratio Length to width ratio 3 :1 1.5 :1 OK OK OCT �011 Trash rack for overflow 8 orifice? Y (Y or N) OK Freeboard provided 2.0.tt OK By: 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: PORTABLE PUMP Form SW401-Wet Detention Basin-Re,9-4/11Y12 Parts I. 8 II. Design Summary, Page 2 of 2 Permit WO ? 000 a 3g (lobe provided by OWQ) ATA HWENR Project name Contact person Phone number Date Drainage area number O2p�F�'W'�A�7\E9�OG o STORM WATER 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 111) must be printed, filled out and submitted along with all of the required information. O.IDESIGN INFORMATION Site Characteristics Pond #7 13, and I Elizabeth M Nelson, PE; Cape Fear Engineering Drainage area 397,140 ft' Impervious area, post -development 158,735 ft' %impervious 39.97 % Design rainfall depth 1.5 in Storage Volume: Non•SA Waters Minimum volume required _ 20,340 ft' Volume provided 43,219 ft3 Storage Volume: SA Waters 1.5' runoff volume ft3 Pre -development 1-yr, 24-hr runoff ft3 Post -development 1-yr, 24-hr runoff ft3 Minimum volume required ft3 Volume provided ft3 Peak Flow Calculations Is the pre/post control of the tyr 24hr storm peak flow required? N (Y or N) 1-yr, 24-hr rainfall depth in Rational C, pre -development (unitless) Rational C, post -development (uniftess) Rainfall intensity: 1-yr, 24-hr storm in/hr Pre -development 1-yr. 24-hr peak flow ft3/sec Post -development 1-yr, 24-hr peak flow ft3/sec Pre/Post 1-yr, 24-hr peak flow control ft3/sec Elevations Temporary pool elevation 67.00 hnsl Permanent pool elevation 65.50 fmsl SHWT elevation (approx. at the perm. pool elevation) 64.05 fmsl Top of 10ft vegetated shelf elevation 66.00 fmsl Bottom of 1 Oft vegetated shelf elevation 65.00 fmsl Sediment cleanout, top elevation (bottom of pond) 60.00 fmsl Sediment cleanout, bottom elevation 59.00 fmsl Sediment storage provided 1.00 It Is there additional volume stored above the state -required temp. pool? Y (Y or N) Elevation of the top of the additional volume 67.0 fmsl OK, volume provided is equal to or in excess of volume required. OK FCE1 V E NOV 2 5 2014 BV:_------------- Form SW401-Wet Detention BasirvRev. 4/18/12 Parts I. S II. Design Summary, Page 1 of 2 Permit No. 6AA 000a; O (m be pmvided by DWO) dI11DESIGN.INF.ORMATION Surface Areas Area, temporary pool 31,703 112 Area REQUIRED, permanent pool 13,900 ftz SAIDA ratio 3.5& (unigess) Area PROVIDED, permanent pool, Aj o 24,487 ft Area, bottom of 10ft vegetated shelf, A,, 20,858ft` Area, sediment deanout, top elevation (bottom of pond), A,_p. 9,733 ft` Volumes Volume, temporary pool 43,219ft' Volume, permanent pool, Vro,,,,y,d 85,012 ft3 Volume, forebay (sum of forebays if more than one forebay) 22,166 ft' Forebay % of permanent pool volume 26.1% % 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 3.50 (unitless) Average depth (used in SAIDA table) Calculation opton 1 used? (See Figure 10-2b) N (Y or N) Volume, permanent pool, Vp,,,, 85,012 it' Area provided, permanent pool, A._,, 24,487 ft` Average depth calculated It Average depth used in SAIDA, d., (Round to nearest 0.511) If Calculation option 2 used? (See Figure 10-21b) Y (Y or N) Area provided, permanent pool, A.. 24,487 ft` Area, bottom of 1 Oft vegetated shelf, A, v,ai 20,858 It, &a OK Insufficient forebay volume. Need 3 ft min. Area, sediment deanoul, top elevation (bottom of pond), Aya_P� 9,733 ft' "Depth" (distance b/w bottom of 1 Oft shelf and top of sediment) 5.00 ft Average depth calculated 4.13 It OK Average depth used in SAIDA, dw, (Round to down to nearest 0.5ft) 4.0 If OK Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if-noncimular) Coefficient of discharge (Co) Driving head (Ho) Drawdown through waif? 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 Infortnation Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of towpath to width redo Length to width ratio Trash rack for overflow 8 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 limitless) 0.50 ft N (Y or N) (unitless) (unilless) It ft ft3/sec Owe 0.04 ft`/sec Storage volume discharge rate greater than pre-dev. ly24hr. 3.17 days OK, draws down in 2-5 days. 3:1 OK F- 10 :1 OK EGF—I V 10 fl 3 OK OK NOV 2 5 2014 1.5 :1 OK Y (Y or N) OK 2.0 ft OK— N (Y or N) OK Y (Y or N) OK Y (Y or N) OK _ PORTABLE PUMP Form SW401-Wel Detention Basin-Rev.94118112 Parts I. a II. Design Summary, Page 2 of 2 Permit No. (to be provided by DWQ) IIL REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Sheet No. SW —1 t. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROW), - Overflow device, and - Boundaries of drainage easement. P-1 2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing: - Outlet structure with trash rack or similar, - Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin cross-section, - Vegetation specification for planting shelf, and - Filter strip. P - ( 3. Section view of the wet detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and -Inlet and outlet structures. 4. It the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. Cg 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay, to verify volume provided. 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. Ga �S 7. The supporting calculations. ii- 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. 9. A copy of the deed restrictions (if required). i4 i/ 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County ��� soil maps are not an acceptable source of soils information. Form SW401-Wet Detention Basin-Rev.94/18/12 0 \1f fC OCT 13 2M BV: Part IICFre_gUlm�t. Page 1 of 1 Footgo:es: t When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applyants Initials: a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet ( include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). J- k. Vegetative cover above the permanent pool elevation is specified. A trash rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right - of —way. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. -Ar-- m. A mechanism is specified which will drain the basin for maintenance or an emergency. 111. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check are) 0 does 0 does not incorporate a vegetated filter at the outlet. Form: SW U-102 Rev 3.99 Page 2 of 4 This.system (check one) 0 does EEHHot incorporate pretreatment other than a forebay. Maintenance activities shall be performed as follows: l . After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning . 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.) The measuring device used to determine the sediment elevation shall be as such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads I -�" feet in the main pond, the sediment shall be removed. When the permanent pool depth reads • ° feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Q Permanent Pool Elevation = 57.00f /��1 f Sedi7nt\ml.. `J"1. OD 75% Sediment Removal Elevation = g-vp 75% r Bottom Elevation 3•D� 5% / Bottom Elevation 25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These , plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form: SNVU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. 1 acknowledge and agree by my signature below that 1 am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Dennis Sullivan Title: Member/Manager Address: 7101 Creedmoor Road, Raleigh, N.C. 27613 Phone Signal Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, rl • SGoA Ke nju jj, a Notary Public for the State of �L►iA l�iyD�pa County of MP1 y t do hereby certify that PerlVl:S �'u �l ✓d n personally appeared before me this I "!�- day of , ZOO( ,and acknowledge the due execution of the foregoing vet detention basin maintenanc requirements. Witness my hand and official seal, y+ a6TAq` •ti�M1 �''�i�y9NOVER CP. SEAL My commission expires MakL , o? zw �— Form: SWU-102 Rev 3:99 ['age 4 of 4 Permit No.,f'0 06p6 2-' j � ? (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources�K�Sc Y Division of Water Quality STORM WATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form mr{v be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Grayson Park Subdivision Phase IA & I Contact Person: Perry G. Davis, PE Phone Number: 910 383-1044 For project with multiple basins, specify which basin this worksheet applies to: Pond #5 Elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation Areas Permanent Pool Surface Area Drainage Area Impervious Area Volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DAB Diameter of Orifice Design Rainfall Design TSS Removal 2 56.00 ft. 62.00 fr. 63.80 ft. 15,150.00 sq. ft. 23.04 ac. 7.67 ac. 40,269.00 cu. ft. 32,579.00 cu. ft. 8,615.00 cu. ft. 1.45 2.00 in. 1.00 in. 90.00 % (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of total volume) (surface area to drainage area ratio./rom DWQ table) (2 to 5 day temporary pool draw -down required) (minimum 85% requires!) Form: SWU-102 Rev3.99 Page 1 of Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stonmwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. tls: a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet ( include non -erosive Flow calculations) f. The basin length to width ratio is greater than 3: I. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of—way. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter ifone is provided. This system (check one) 0 does 0 oes not incorporate a vegetated filter at the outlet. Form: SWIJ-102 Rev 3.99 Page 2 of 4 This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning . 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.) The measuring device used to determine the sediment elevation shall be as such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5� feet in the main pond, the sediment shall be removed. When the permanent pool depth reads �•%✓' feet in the forebay, the sediment shall be removed. BASIN DIAGRAM ail in the blanks) r Q Permanent Pool Elevation = 62.00 I Sediment Rem I EI.. rJ9•�.� / 75% Sediment Removal Elevation = ✓?'� 75% _________________ _________________________ Bot[om Elevation 5�•UU 5% / L r Bottom Elevation=S6.00 25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. 1 f the basin must be drained for an emergency or to perform maintenance, the Flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form: SNVU-102 Rev 3.99 Pane 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Dennis Sullivan Title: M Address: 7101 Creedmoor Road, Raleigh, N.C. 27613 Phone Signal Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, 7/ Scoyl 1612ne�, �-74. a Notary Public for the State of ,(/oX-YA 0-4rp111)4- County of Alga,,) fly, D y do hereby certify that Den o; S -'ee i/,;'-aA J personally appeared before me this _�`74 day of ZapG and acknowledge the due execution of the foregoing wet detention basin maintenance re4uirernents. Witness my hand and official seal, VP OWIN'q: �3 'Jet,p(AR10 =r2 ym P U a �vG•r ? SEAL My commission expires ioayr Form: SWU-102 Rev 3.99 Page 4 of 4 Permit No. S(4)p Ad ez • (to be provided by DWQJ State of North Carolina Department of Environment and Natural Resourcesv�U>n�i Division of Water Quality, STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form nrav be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. 1. PROJECT INFORMATION Project Name: Grayson Park Subdivision Phase I & I Contact Person: Perry G. Davis, PE Phone Number: 910 383-1044 For project with multiple basins, specify which basin this worksheet applies to: Pond #6 Elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation Areas Permanent Pool Surface Area Drainage Area Impervious Area Volumes Permanent Pool Volume Temporary Pool -Volume Forebay Volume Other parameters SA/DAI Diameter of Orifice Design Rainfall Design TSS Removal 2 46.00 ft. 53.00 ft. 54.40 ft. 9,028.00 sq. ft. 9.40 ac. 3.51 ac. 25,597.00 cu. ft. 14,014.00 cu. ft. 3,771.00 cu. ft. 1.31 1.50 in. 1.00 in. 90.00 % (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of total volume) (surface area to drainage area ratio from DWQ table) (2 to 5 day temporary pool draw -down required) (minimum 85% required Form: SWU-102 Rev 3.99 Pare I of 4 Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR I3MP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. lls: t. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). �. The forebay volume is approximately equal to 20% of the basin volume. The temporary pool controls runoff from the design storm event. 1. The temporary pool draws down in 2 to 5 days. If required, a 30-foot vegetative filter is provided at the outlet ( include non -erosive flow calculations) F. The basin length to width ratio is greater than 3:1. ;. The basin side slopes above the permanent pool are no steeper than 3:1. i. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). Vegetative cover above the permanent pool elevation is specified. A trash rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right - of —way. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a we detention basin. in. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. Form: SWU-102 Rev 3.99 Page 2 of 4 This system (check one) 0 does Eoes not incorporate pretreatment other than a forebay. t Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-see&as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning . 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.) The measuring device used to determine the sediment elevation shall be as such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads I-T;1 feet in the main pond, the sediment shall be removed. t When the permanent pool depth reads /• W feet in the forebay, the sediment shall be removed. Sediment Remov I EL G0•00 75 %� �q ________ Bottom Elevation Tt•� 2 FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation=(Sl7 t Sediment Removal Elevation= ` 7 7J 7 7.5% -------------------------------------- Bottom Elevation = LKw 25% MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay bean. 6. If the basin must be drained for an emergency or to perform maintenance, the Flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form: SW U-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that 1 am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Dcnnis Sullivan Title: Member/Manager Address: 7101 Crecdmoor Road, Raleigh, N.C. 27613 Phone: Signatut Date: MILE Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I 06077 6enne4 ✓0 . a Notary Public for the State of Carol . - County of A(nA) yop7o✓p,1 ;do hereby certify that %�P�r/iS Sit//r✓del personally appeared before me this day of and acknowledge the due execution of the foregoing wet detention basin maintenance re uirements. Witness my hand and official seal, �SARy SEAL My commission expires 4f`d og-; ap6-7— Form: SNN'U-102 Rev 3.99 Pave 4 of 4 Permit No. SWB 060238 Grayson Park.- Phases 1 A & 18 Stormwater Permit No. SW8 050238 Brunswick County .. Designer's CeMcation Page 1 of 2 I, _� [t WrON6l Gi Iwsa. as a duly registered V' a ISW in the State of North Carolina, having been authorized to ob erve (pertodi Ily/weekly/full time) the construction of the project, for De.4j, S4t(Project Owner) hereby state that, to the best of my abilities, due care and diligence was used In the observation of the project construction such that the construction was observed to be. built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: DEC .3 0 2019 BY. — SEAL Signature Registration Numb r 05-8 Cq Date ��/a °pQ '�essio : ¢SEP,I: 030589 i �"DneuvoiHnP SF P 2 � 2010 Page 7 of 8 Certification Requirements-. Permit No. SW8060238. Page 2 of 2 3. The drainage area to the system contains approximately the permitted acreage. - The drainage area to the system contains no more than the permitted amount of built -upon area. All the built -upon area as with the project is graded such that the runoff drains to the system. All roof drains are located such that the runoff is directed into the system. The outlet/bypass structure elevations are per the approved plan. The outlet structure Is located per the approved plans. Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation.. Vegetated slopes are no steeper than 3.1. The inlets are located per the• approved plans and do not cause short- circulting of the system. The permitted amounts of.surface area and/or volume have been provided. Required. drawdown devices are correctly sized per the approved plans. All required design depths are provided. All required parts of the system are provided, such as -a vegetated shelf, a forebay, and the vegetated filter. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional office Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County- Engineering a Paqe 8 of 8 �ww vw� i ...... ...ona y�... c,u aq..w .. Permit No. SW8060238 A Grayson Park, Phases 1A & 18 Stormwater Permit No. SW8 060238 Brunswick County Designer'sCertification Page 1 of 2 6 I, Lawreu a GrlK4.�4 as a duly registered ;ar.i% in the State of North Carolina, having been authorized to ob erve (period' ally/weekly/full time) the construction of the project, . it 4 for),cm%; s S4/t;,t., lt; IZIA„A, (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be, built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: r, SEAL Signature «+� ` ,,``,����,,, u u C Registration Number Dins 89 A �*(N R f �p �oFES81P Date 4 SEAL 030589 12 SEP 21 Z010 Page 7 of 8 1� acaw aLurfmacer naanagemeni ayscema Permit No. SW8 060238, Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area: % 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7.. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation.. 9. Vegetated slopes are no steeper than 3:1. f. 10. The inlets are located per ther approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of.surface area and/or volume have been provided. 12. _ Required. drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. _..-,......1 cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County. Engineering Page 8 of 8 Grayson Park.- Phases I & 18 Stormwater Permit No. SW8 060238 Brunswick County Designer's Certification Permit No. SW8060238 Page 1 of 2 as a duly registered w zssi., ii 49' in the State of North Carolina, having been authorized too serve (pen ically/weekly/full time) the construction of the project, . s� P fs for0 f.�� lNti-• f �,1 �� (Project Owner) hereby state that, to the best of my abilitie , due care and diligence was used in the observation of the project construction such that the construction was observed to be. built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: 1ZECE�IF,L� SEP 2 1 2010 IBY:_------ SEAL Signature Registration Nu er ehD 6- 8 P Date SEAL 030589 Page 7 of 8 ' JItl LG JlVI111WG1C1 IVitllltllJ. CfI1C111 JYSLCII IS Permit No. SW8060238 Certification Requirements: Page 2 of 2 ✓ 1. The drainage area to the system contains approximately the permitted acreage. ✓ 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. / 8. All slopes are grassed with permanent vegetation. . / 9. Vegetated slopes are no steeper.than 3:1. /10. The inlets are located per the' approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required.drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County. Engineering ,``„l.,,L11111 o` �yA Ci s a Paqe 8 of 8 Permit No. SW8060238 Grayson Park -. Phases 1A & 1 B / Stormwater Permit No. SW8 060238 m� ✓✓✓ Brunswick County Designer's Certification Page 1 of 2 I, 4 cawtreNce as.a duly registered nm Pss'.0%6 in the State of North Carolina, having been authorized to observe (periodical) weekly/full time) the construction of the project, . �1 lc (Project) 1 for D euM 5 Sul l iwwfH 11a�c�onQ%/>`iee� (Project Owner) hereby state that, to the best of my abilities, due cafe and diligence was used in the observation of the project construction such that the construction was observed to be. built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature —R Registration Numb D3DS$ Date / SEAL SEAL 030589 Page 7 of 8 6tate wormwater management systems Permit No. SW8060238. Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area: 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. ✓ 4. All roof drains are located such that the runoff is directed into the system. ✓ 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7.. Trash rack is provided on the outleUbypass structure. 8. All slopes are grassed with permanent vegetation. ✓9. Vegetated slopes are no steeperthan 3:1. ✓10. The inlets are located per the approved plans and do not cause short- circuiting of the system. • 11. The permitted amounts of surface area and/or volume have been provided. 12.. Required drawdown devices are correctly sized per the approved plans. 1/13. All required design depths are provided. ✓14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the sys RA, , �g�provided, per the approved plan. a? a CAp_''n.. cc: NCDENR-DWQ Regional Offic, Delaney Aycock, Brunswick Cc Jeff Phillips, Brunswick County. a Paae8of8 Permit No. SW8 060238 Grayson Park Phase 1 Page 1 of 2 Stormwater Permit No. SW8 060238 Brunswick County / Designer's Certification J� I, Elizabeth Nelson , as a duly registered E NGI N In the State of North Carolina, having been authorized to obseryperiodically eekly/full time) the construction of the project, Grayson Park Phase 1 C Section 3, Pond #7 (Project) for Andrew Sandman (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications'. ECEEVCZ . APR 2 4 2018 By: Signature O§0 N' �AR0 i4/2 Registration Number,-,)U30So �- �=o�POFEssro,9����' Date /a 3�/ _ EA �c 030507 o41 .*:0-- ii�.s.;�G�NEEP: 5 49 Page 9 of 10 Permit No. SW8 660238 f Certification Requirements: Page 2 of 2 �1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. ALA 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. The outlet structure is located per the approved plans. �6. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. Cy 11. The permitted amounts of Surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, pertheappged plan. ��C�� } APR 2 4 2018 cc: NCDENR-DEMLR Regional Office Brunswick County Building Inspections My +A-ou-'3Z5 Ga/ 2txt OFF -1)+-� of Page 10 of 10 DECLARATION SUBJECTING ADDITIONAL LAND IN GRAYSON PARK SUBDIVISION TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PREPARED BY AND MAIL AFR RECORD �j,� TO: MICHAEL G. SANDMAN A7 RNE T LAV�CQ��n ATTN: NIKOLE B. MARI: "CHECK 7101 CREEDMOOR ROAD, SUITE 142 RALEIGH, NC 27613 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DECLARATION }}�?? le this 2J%d9(a March, 2011, by MACO ROAD PARTNERS, LLC, a North Ca�Qr limitability comp�claranf). N WITNESSETH: WHEREAS, Declarant is the owner of that certain real property located in Brunswick County, North Carolina, and as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Ph I-C Lots"); and . I MGM^ WHEREAS, Declarant tes to iect thes to that certain Declaration of Covenants, Conditions and Restrictions for son Park Sub °ision recorded in Book 2565, Page 531, Brunswick County Registry (the "Covenants"), in accordance with Section 3.2 thereof. NOW, THEREFORE, the Declarant hereby declares that the Phase 1-C Lots are and shall be annexed to and held, transferred, occupied, used, sold and conveyed subject to all of the terms, requirements and conditions of the Cov�grtants, the provisions of which are incorporated herein by this reference. 7 � a2 FRCC� E SEP 12 2011 BY:_____--_ ������������r 83141 P1320� 2^�f 3°aoF Bruns..lok D 1 of D*e s Pail IN WITNESS WHEREOF, Declarant has caused this instrument to be executed under seal as of the day and year first above written. MACO ROAD PARTNERS, LLC Z STATE OF NORTH CAROLINA „� ft�C COUNTY OF WAKE 4 I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: ANDREW K. SANDMAN and H. ARTHUR SANDMAN, Managers of MACO ROAD PARTNERS, LLC, a North Carolina limited liability company. M0. Gh 23�0`, 201 aV ���S�Q icial Seal Date: r ZeDo ) y.wu.,..r.: J . WYt. QV,n�r�; i V 9m : NK. Suhr5on Notary Public 6jilssn Expires: —"11-- 2— II V ��m a � '4 . III III Illll�l�k B3141 P1321 03-20 3011 le:M: 50.000G Brenda N. e1g e. 3 0sulek ty, NC • Ouds paq• 3 of 3 EXHIBIT A LEGAL DESCRIPTION OF PHASE I-C LOTS Being all of Lots 1 through 6, in s Lot�3 M inclusive, as shown on that certain plat entitled, "Map for ord: Gray No Phase 1- �ction V, prepared by Cape Fear Engineering, Inc., recorded in Book of Maps8, Page 66, Brunswick County Registry. lip �W spDD �0 4 0 �± IIICICIINIII111111111111111611111111 aaz ai °�7' arwa�ick Ceunty, NC Regiat.r of 0aeda "9- 1 of M UPvY(r, 4,TOT AL _� REV TO --a °<� s R', _l�_CKAMTZ�6CKN/L7S_ ?� CASH REF BY = DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRAYSON PARK SUBDIVISION PREPARED BY AND HOLD FOR: SANDMAN &ROSEFIELDE-KEL�EER k169 ,ty,V11PIMD, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DECLARATION is made thit c2_Q1 tlay of February, 2007, by MACO ROAD PARTNERS, LLC, a North Carolina limhia liability company ("Declarant'). \ 4e UC•%Gl n" W I TINE S ETwvz� 06�D WHEREAS, Declarant is the owner of that certain real property located in the Town of Leland, Brunswick County, North Carolina, and as more particularly described on Exhibit" A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, as approved by the County of Brunswick, North Carolina (the "County"), Declarant is developing the Property in phases as a single family cluster unit development known as "Grayson Park"; and �j? WHEREAS, Declarant wistre toubj chic Propertty o therw& ctive covenants, conditions and restrictions set forth herein for the purpose of insuring th. best use and most appropriate development and improvement of each Lot; to protect the Owners against such improper use of surrounding Lots as will depreciate the value of the Property; to preserve, so far as practicable, the natural beauty of the Property; to guard against the construction of poorly designed or proportioned structures, and structures built of improper and unsuitable materials: to obtain harmonious color schemes; to insure the highest and best development of the Property; to encourage and secure the construction of attractive structures with appropriate locations on the Lots; to secure and maintain proper set backs from streets and adequate free spaces between structures; to provide for The cominuea'ti aimarr nce (including irrigation, if applicable) LC/ 11 and repair of any Common Area, including the' laudscaped entrance. [th�\Subdivision and any landscape easements or landscaped islands provided for her`in?and is general to provide adequately for a high type and quality of Improvements on the Property and thereby enhance the values of the investments made by the Owners; and �u �illlilnl i flllll�y lll�-911-1 Baal Pa y°2 o 3M as WHEREAS, Declarant has incorporated or will incorporate under the laws of the State of North Carolina, as a non-profit corporation, GRAYSON PARK OF LELAND HOMEOWNERS ASSOCIATION, INC., for purposes of exercising the functions aforesaid and more fully described hereinbelow. NOW, THEREFORE, Declarant,h�`eby declares that the Property, and such additions and annexations thereto as may hereafter�bev?made pursuant %AAA jqtodllhereof, is and shall be held, used, transferred, sold, conveyed and occupied subjec[fqth„ ese Coven'AVZOI:D) ARTICLES I DEFINITIONS I.I. "Articles" means the Association's Articles of Incorporation. n 1.2. "Association" means GRAYSON PARK OF LELAND HOMEOWNERS ASSOCIATION, INC., a North Carolind,nonprrofit corp6rat 'Je�.,� pIIL f �n 1.3. "Board of Directors means the BoaSc�of Directors for the Association. 1.4 `Builder" means Stevens Building Company, a North Carolina corporation, with its - principal office located at 5710 Oleander Drive, Suite 210, Wilmington, NC 28403 ("Stevens"), or any other Owner who is a licensed general contractor or builder. 1.5. "Bylaws" means the Association's Bylaws. 1.6. "Common Area" means idl real property whkh;is.?"ed or leased by, or located in an easement granted to or reserved by ,[lie Association and which has 69e `i designated by Declarant, the record owner of newly annexed I -a , or the Associahba-,aas "Common Area", "Open Space" or some other similarly descriptive tens, on a recorded plat, in a Declaration of Annexation, or in a deed or other written iushument for the common use and enjoyment of the Members of the Association. Common Area shall also mean and include the following: (a) Permanent Open Space (as hereinafter defined), if any; (b) all personal property owned or leased by the Association and designated for the common use and enjoyment of the Members of the Association; (c) the pool and other recreational facilities available for use by the Members of the Association; (d) the sidewdiks (following the installation thereof by Builder, at Builder's sole expense); and (e) the following Subdivision Improvements which are not otherwise dedicated to and accepted by a governmental entity or,4e wing ottly a single IJCt.6Jij;gigTge; and (ii) water and sewer lines. "Permanent Open Space" shall mean any Common Arr which shall 6esiRaintained for forestry, agriculture or active and passive recreational uses. Permanent Open Space shall not include public or private roads within the Property. Declarant may recombine any portion of the Common Area with a Lot, pursuant to the terms of Section 8.1 hereof; provided, however, that, if a portion of the Permanent Open Space is recombined with a Lot and if required by applicable governmental regulations, Declarant shall provide additional Permanent Open Space to compensate for the portion of Permanent Open Space that was recombined with the Lot. All CommoncArea shall be subject to the terms and conditions of these Covenants. Undeveloped Common Area'shall be maintained in a vegetated or natural state. 1.7. "Common Expense" shall mea°gtt.und include, as'app icyble, the costs and expenses referenced in Section 7.2 hereof, as --well as the foil o vtng: all sums lawfully assessed by the Association against its Members; expenses for maintaining the roads, bridges, streets, rights of way, Department of Transportation right of way easements, and, as determined by the Board of Directors, ditches located within the right of way easements, and any amenities, as provided herein; expenses of maintaining, 2 y � II IIIIII I�/y1IIItII {I{� I({ p1IIIppIII 1{I�Iu�I R�/r�'�r//r��5 yryr�r����03-05-2007 Ig�4lllll County. IeI NCHLglllllrI�WR1i1ib`n3onf3W o NNN administering, repairing and replacing the Common Area, including expenses for maintaining entrance signage, lighting, irrigation, paving and landscaping; expenses declared to be Common Expenses by the provisions of this Declaration or the Bylaws; hazard, liability, or such other insurance premiums as the Declaration or the Bylaws may require that the Association purchase, or that the Association deems appropriate to purchase; ad valorem taxes and public assessment charges lawfully levied against the Common Area; expenses of meintaining,pnvate drainage) and utility easements and facilities located within the boundaries of the Property,,Which cross ComrrninWma nd/or serve both the Property and lands adjacent thereto; expenses of maintaining the Common Area so i[rat�it continues to effectively function for its intended use, and airy dedication or conveyance of Common Area shall provide for such responsibility; and any other expenses determined by the Board of Directors or approved by the Members of the Association to be Common Expenses. 1.8. "Declarant" means MACO ROAD PARTNERS, LLC, a North Carolina limited liability company, and its successors and assigns to whom the rights of Declarant hereunder may he transferred in whole or in part, and subject to such con,dRitions as Declarant may impose, if such successors or assigns acquire more than one undeveloped Lot..a he developrdenfoCp Lot shall mean and refer to the construction of Improvements thereoonv, am Q 1.9. "Declaration" means this Declaration o *Covenants, Conditions and Restrictions applicable to the Property, and any amendments thereto which are recorded in the Office of the Register of Deeds, Brunswick County, North Carolina (sometimes referred to herein as the "Covenants"). 1.10. "Declaration of Annexation" means a declaration filed supplemental to this Declaration which, upon its filing with the off ice of the,Brunswick County Register of Deeds, subjects additional property to the scheme of this Declaration li9 L 11. "Improvements" means any strudoge of ny typ "6i kkWind all exterior modifications thereof, including, without limitation, buildings, out6lddings, bridges, parking areas, loading areas, screening walls, retaining walls, fences, hedges, landscaping, mass plantings, lawns, sidewalks, poles, signs, and utility lines and facilities. 1.12. "Living Unit' means any Improvements or portion thereof built for occupancy as a single family residence, and shall include single family residences, townhomes, condominiums or villas, and other single family dwelling units, artached_pr detached, but excluding rental apartments. 1.13. "Lot" means any numbered onkttered parcel oRland;�eXcluding Common Area and Restricted Common Area; but incluring, without limitation, townhome`iA and condominiums) shown on any plat, described by a metes and bounds descriptic, recorded in the Office of the Register of Deeds, Brunswick County, North Carolina, which is made subject to this Declaration, as it may be amended. 1.14. "Lot in Use" means any Lot for which a certificate of occupancy has been issued for Improvements thereto. A Lot shall also be deemed a "Lot in Use" under the following circumstances: (a) ninety (90) days after the Lot is conveyed by;Declarant to a Builder, whether or not a certificate of occupancy has been issued for lmprovernCnts thereto; and (b) immediately upon the conveyance of a Lot by Declarant or a Builder to an Owner tvlio is not a Builder`^Vo(withstanding anything to the contrary mo contained herein, Stevens will pay anthly daessment (as detini k—,Section 7.1 hereof) for all of its Lots of $2,000.00 for all of its Lotss�R'�'b 1.15. "Member" means every Person who holds membership in the Association. ti J �sC� ��}i.t.}r 82565dP0534�a 0�f 2B ° v� 1.16. "Owner" means the record owner, whether one or mote Persons, of a fee simple title to any Lot or Living Unit, except those having an interest merely as security for the performance of an obligation. 1.17. "Person" means an individual, a trust, an estate, a domestic corporation, a foreign corporation, a professional corporation, a,partnership, a,,]imited partnership, a limited liability company, an unincorporated association, or otheenenttty. 1,18. "Property" is as defined above, but s " it also include any annexations thereto of the real property described in Article Ill. 1.19. "Restricted Common Area" means those parcels of land and any Improvements thereto which are: (a) under the control of a Sub -Association; and (b) designated by Declarant, the record owner of newly annexed land, or the Association or -Sub -Association as "Restricted Common Area" or some other similarly descriptive term, on a recorded plat, in a Declaration of Annexation, or in a deed or other written instrument, for the restricted use "and enjoymenCof thh�/M?e5?m�bers of the Sub -Association. 1.20. "Sub-Association"means sub-clagses�of membership xRthe Association which are created in accordance with the provisions of Article V`Fiereof. 1.21. "Subdivision" means GRAYSON PARK, as shown on the recorded subdivision plat(s) of the Property. ARTICLE II MERGERS AND'DEVELOPi NT REQUIREMENTS 2.1 Mergers. Upon a nreiger or con§glidation of the A55o" lion with another organization, as provided for in its Bylaws, the Association's properties, rights and obligations may be transferred to another surviving or consolidated homeowners associat on or, alternatively, the properties, rights and obligations of another homeowners association may, by operation of law, be added to the properties, rights and obligations of this Association as a surviving corporation pursuant to a merger. The surviving or consolidated homeowners association may administer these Covenants, together with the covenants and restrictions established for any other properties as one scheme. No such merger or consolidation shall, however, affect any revocations, changes or additions to these Covenants, as the same may be amended, except as hereinafter provided 2.2 Development Requirements. The Property shall be devw�l^oped in accordance with a plan that complies with the applicable governmental zoniri' regulations and the requirements for a Cluster Development, as described in the Brunswick County Subdivision Regulations in effect at the time of initial development of the Property. ARTICLE III ANNEXATION OF ADDITIONAL PROPERTIES nr.. 3.1. Annexation by MembExcept az prevtdfi4;iu.$ection 3.2, and subject to the approval, as may be required, of any govemmeiifal authonrylhaving jurisdi�tian`iiver the Property, additional properties may be added and annexed to the Proper}'enly if the votes of at least two-thirds (2/3) of each class of Members entitled to cast votes are cast in favor of annexation. The annexation will be accomplished by recording with the appropriate Register of Deeds a Declaration of Annexation, duly executed by Members comprising no less than two-thirds (2/3) of each class of Members entitled to cast 2�� c� 6�B,.�I,k Cf��t�Y. f�l���r 82565 P0535s votes in favor of annexation describing the lands annexed and incorporating the provisions of this Declaration. No other action or consent shall be necessary. For the purpose of such meeting, the presence of Members or authorizing proxies entitled to cast sixty percent (60%) of the votes of each class of Members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called within sixty (60) days -,:thereafter, subject to the notice requirement set forth in Section 7.6 hereof, and the required quorum of such suysequent meeting shall be one-half (%r) of the required quorum of the preceding meeting. If a quorum -is pregem and a majority of the votes are cast in favor of the annexation, but the majority is lessrttfian the two-thirdsla(2b3 ajority of each class required for approval of the annexation and'i) appears that the required two-thirds (2/3) of each class may be achieved if the Members not present or voting by proxy assent to the annexation, then and in that event, the Members not present or voting by proxy may assent to or dissent from the proposed annexation in writing within one hundred twenty (120) days following the date of the meeting at which said Member is entitled to vote either in favor of or against the annexation. If the number of votes cast at the meeting in favor of the annexation, together with the votes deemed to have been cast by Members assenting to the annexation, shall constitute the requisite twoo-thirds (2/3) majority of each class of all votes entitled to be cast, the annexation shall stand approved, C�, arse �asl2'4L�j7r�r, 3.2 Annexation by Declarant. If wit�tT'irrAvelvc (12) years from the date the Association is incorporated (January 10, 2007) Declarant develops additional land located adjacent to or across a public or private street from the Property, and any property adjacent thereto or across a public or private street therefrom which is annexed thereto in accordance with the provisions hereof, Declarant may annex such land to the Property without the consent of Members. The annexation will be accomplished by recording with the appropriate Register of Deeds a Declaration of Annexation, duly executed by Declarant, describing the lands annexed and incorporating the provisions of this Declaration. No other action or consent shall be necessary. 3.3 Convevance of Co on Area fid,Restricted Commai trea. Subsequent to recordation of the Declaration of Annexation, but prior to conveymtce of the first Lot or Living Unit within the newly annexed property, whichever shall first occur, Declarant or any other record Owner of newly annexed laud shall deliver to the Association, in accordance with Section 6.3, one or more deeds conveying to the Association any portion of the annexed property designated as Common Area and/or Restricted Common Area. ,ARTICLE IV ,V hIEMBERSH2P Ownership of a Lot or Living Unit shall 6e the sole qualificanorrrfor membership in the Association. The Association's Board may make reasonable rules relating to the proof of ownership of a Lot or Living Unit. Membership shall be appurtenant to and may not be separated from ownership of any Lot or Living Unit. ARTICLE V Vy,OTING RIGHTS 5.1 Classes of Voting Membership. The Assiki4tio Umay have the following two (2) classes of voting membership: ff, ,'111 i IIeC 10 (a) Class A Members shall he all Owners, ni including Builder, with the exception of the Declarant. Declarant shall, however, be a Class A member upon the termination of Class B membership. Class A Members shall be entitled to one (1) vote for each Lot or Living Unit owned. When more than T " VIP �4v CACJ��Q7?dll,� rF�� e� �h� �� �p 11161�111111 62569 a(17 s. 57o..000P636 0111ull411111111J. Rbire C..t,, NC Regrsler of Ueees Page 6 of 26 144� one Person holds an interest in any one Lot or Living Unit, all such Persons shall be Members. The vote of that Lot or Living Unit shall be exercised as the majority of such Persons among themselves determine; but in no event shall more than one (1) vote be cast with respect to each Lot or Living Unit. Fractional voting is prohibited. At any meeting of the Members, a representation by any of such Persons that a majority of such Persons have agreed as to the vote for such Lot or Living Unit shall be conclusive unless another of such Persons contests such representation at such meeting prior to the casting of such vote. 61 (b) The Class B Ment 's all be &e;l!m�eclaroL 7iie F3" M5s jMember shall be entitled to ten (10) votes for each Lot or Living Unit owned. Th! ' lass B membership shall cease and be converted to Class A membership on the happening of one of the following events, whichever occurs first: (i) Declarant's written consent to termination; or (ii) When the total votes outstanding in Class A equal the total votes outstanding in Class B [provided;'Chowever, that Declarant shall retain its architectural review and approval rigfiis under Artidle,X1 until the Class B membership is terminated in accordange,with eithgr Section 5: t{'b)�'t�ej (u)]' or 1f AW (iii) Twelve (12) years following ilia date of incorporation of the Association (January 10, 2007) (the "Declarant Control Period"). Notwithstanding anything contained in sub-pangmphs (i) and (ii) above to the contrary, the Class B membership shall be reinstated if, after the events described in sub -paragraphs (i) and (ii) above, and before the time stated in sub -paragraph (iii)�above, Declarant annexes additional lands to the Property without the assent of the Class A Members; as provided for in Section 3.2 of the Declaration. p G7Q(s a 5.2 Membership Sub-Cl 5'ses. De 'I t may, in itsdiknEITpn, create membership sub- classes of those who are Class A Members, and designate and delineate sub -membership areas within the Subdivision. Each such sub -membership classification and area delineation shall consist of Owners of like cr similar type Living Units, such as Owners of all townhomes, or a particular group of townhomes, and so forth for each type of Living Unit. Notwithstanding anything to the contrary contained herein, a membership sub -class shall not be responsible for any costs or fees assessed for amenities provided for the exclusive use of another membership subb--class, and any such costs or fees shall be expressly excluded from the Common Expenses. 10 5.3 Pumose of Sub -Classes`. Sub-cWssses of Clags)A mo"befship may be designated by Declarant in accordance with Section 5.2 above fbPthe purpose of establishing special assessment districts among similar class Members because of a en d, or obligation of any such designated membership sub -classification to pay assessments which may differ from those required of other sub- classifications based on the obligation upon the Association to provide differing degrees of care and maintenance to the Restricted Common Area held by such Sub -Association. PARTICLE VI PROPERTYRIGHTS IN COMMAR EA' AEA 9� `fWQ'Gy 6.1. Owners' Easements of Use and'Eni.ent. Ever) 'Iv?ember shall have a right and easement of use and enjoyment in and to the Cormm&Q,krea (the "Owners' Easement"), together with and including the right of access, ingress and egress, both pedestrian and vehicular, on and over the drives, walkways and parking areas, if any, of the Common Area. The Owners' Easement shall be appurtenant to and pass with the title to every Lot or Living Unit, subject to the following provisions: 6 cAt-f eGvicJQ �� IIIIf81NI� IIIII Ii I IIl01B�111111 RobertB2565 P0537 t W-05616 as°moo Brunswick County, NC Register of Deeds paste 7 of 26 (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational or other facility situated upon the Common Area and Restricted Common Area, subject to the legal requirements of any governmental authority having jurisdiction over the Property. (b) The right of the Associati4fin accordance with its Articles and Bylaws, to impose rules and regulations for the use and enjoyment of the Comm I'M- iea�. Restricted Common Area, and the Improvements related thereto, whichwles and rPOc'�ulations may f lrth&?it✓trict the use thereof. The Association's Board of Directors sti`sll have the right tosuspend the voting rights and right to use the recreational or other Common Area and Restricted Common Area facilities by an Owner, with notice and a hearing, for any period during which any assessment against such Owners Lot or Living Unit remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; and any such suspension shall apply to any Person delegated the right to use and enjoy the Common Area, the Restricted Common Area and Improvements thereto by the suspended Owner. (c) The right of the Association to dedicate„§ellor transfer all or any part of the Common vus^ Area and Restricted Common Area tea y publieoageney, authon{y� rftuIility for such purposes and subject to such conditions as may belgreed to by dui.Members. No sach dedication, sale or transfer shall be effective unless it has been approved by two-thirds(W) of each class of Members and an instrument properly executed by the Association has been recorded in the Brunswick County Registry. On such instrument the Secretary of the Association shall certify that two-thirds (2/3) of each class of Members have approved the dedication, sale or transfer and that certificate shall be conclusive as to any grantee or its assigns; provided, however, that conveyances for general utility purposes, as specified herein, may be made without consent of the Members. Any tledication or transfer shall be made subject to that portion of the Owners' Easement providing for access ingress and regress to public and private streets and walkways. 4v U�QL�i (d) The right of the Association to exchange Common Area and Restricted Common Area for other properties, subject to the approval, as may be required, of any governmental authority having jurisdiction Over the Property. (e) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area, the Restricted Common Area, and the Improvements related thereto and, in aid thereof, to mortgage such properties; provided the rights of the mortgagees in such properties shall be saliordinate to thei¢w ers' Easement and the rights of the Association hereunder. a In The right of the Association to grant aril or establish upon, over, under and across the Common Area further easements (including, without limitation, those provided herein) as may be necessary for the convenient use and enjoyment of the Property. 6.2. Deleeation of Use. Except as may be specifically limited hereinbelow, any Owner of a .Lot or Living Unit may delegate, in accordance with the Bylaws, its right of use and enjoyment to the Common Area, Restricted Common Area 6Vd Improvements thereto to the members of its family, its guests, its tenants, or contract purchaseyswho reside ori''silcfi'Ow rs Lot or Living Unit. 6.3. Title to the Common'Area. Prior itule conveyance of the first Lot or Living Unit within the Property, Declarant shall dedicate and convey to the Association (by deed without warranty at Deelaranes option) fee simple title to all real property portions of the Common Area and Restricted Common Area to the Association, free and clear of all encumbrances and liens, other than the lien of. 0) `"rdp mJ� 6m-qil 1mh(p[IIIII1111IM111IIIIII Post151 owty, Nc R.gistar f GeApage a of 26 current taxes and assessments not in default; (ii) utility, drainage and greenway easements, and other easements and encumbrances not constituting a lien to secure the payment of money; and (iii) the terms and conditions of this Declaration, including any amendments thereto, any Sub -Association declaration, and any applicable supplemental Declaration of Annexation ARTICLE VD COVENANT FOR MAINTEW,&CFASSESSMENTS z 7.1. Lien of Assessment. Declarant, for each Lot and Living Unit owned within the Property, hereby covenants, and each Owner of any Lot or Living Unit 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: (a) annual assessments or charges (the "Annual Assessments"), and (b) special assessments for extraordinary maintenance and capital improvements (the "Special Assessments'), all as hereinafter provided (collectively, the "Assessments'; and each an "Assessment"). The Assessments shall be set on a calendar year basis (the "Annual AssessmcwC'Nriod") by the Board of Directors and may be collected on a monthly, quarterly, semiannual or yea basis, as deunmiticd by the Board of Directors. The Assessments shall be charged to each net ofa.Lot in Use o l-LiVing Unit. The Assessments, together with interest, late fees, and costs of�cdllection (inchidi�ng reasonable ai{btnrys' fees), shall be a lien upon the applicable Lot or Living Unit from the due date I & f, as set by the Board of Directors, continuing until paid in full. Each such Assessment, together with interest, late fees and costs of collection (including reasonable attorneys' fees), shall also be the personal obligation of the Person who was the Owner of such Lot or Living Unit at the time when the Assessment fell due. The personal obligation for the delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them. The Association shall also have the authority, through the Board of Directors, to establish, fix and levy a Special Assessment on any Lot or Living Unit insecure the liability of the Owner thereof to the Association arising from breach by suchOwner of any �f'fheiprovisions of this Declaration. Each Owner covenants for itself, its heirs, successors and assigns, to pay each Assessment levied by the Association on each Lot or Living Unit conveyed"to such Owner within ten (10) days of receipt of an invoice for the same; and if such charge shall not be paid within thirty (30) days from the date that the invoice is deposited, postage prepaid, in the United States mail, in an envelope addressed to such Owner at its address as it appears on the books of the Association or to such other address as the Owner shall have designated in writing, the amount of such charge shall become a lien upon such Lot or Living Unit and shall continue to be such a lien until ful)y paid. 7.2 Purpose of Assessmedts. The Assessments 3Aa11 tie�iused exclusively for the purposes of promoting the beautification of the Property, the r`�eezeation, health, saf(ly end welfare of the Owners, and the improvement, maintenance and repair of the Common Area, Restricted Common Area, and the Improvements related thereto. The Common Expenses to he funded with the Assessments shall include, without limitation, taxes and assessments levied against the Common Area, Restricted Common Area and the Improvements thereto, all insurance premiums required hereunder (including, without limitation, casualty, liability and fidelity bond premiums), Association operational costs, management fees, if any, the enforcement of these Covenants and the�rules of the Association, the employment of counsel, accountants and other professionals for [Ire` Association when necessary, the cost of landscaping, maintaining and repairing the Common�Area, the RestrieYer p n non Area, and the Improvements thereto, the bidding at foreclosure sal%rs as set 116ith.in Section 7..9; end -.the cost of such other needs as may arise. The Association may maintain --a reserve funi)"for periodic maintenance, repair, and replacement of the Common Area, Restricted Common Area, and the Improvements thereto. 4i'M 9Cu��Q GII O 2 �NU�IIIIIII(I$ II fI�Billllllllll B2565 J.P05U ,6a5-w°maa BruMW ck County, NC Register of Deeds page 9 of 25 T3 Annual Assessments. (a) On or before December Ist of each year, the Board of Director's shall adopt the Budget (as defined below) for the upcoming Annual Assessment Period. The annual budget for the Association shall include all anticipated revenues (including revenues from Annual Assessments to be charged in the next Annual Assessment Period - the "Antcipated Annual Assessments") and anticipated costs for the m, Association for the upcoming Annual Assessment Period'(togtfier`�he "Budge["). The Anticipated Annual Assessments for the approvedBudget shS,Ilfbe the basis' fot eal8til8ting the Annual Assessment to be charged each Owner for the upcoming Annual Assessment Period. (b) Notwithstanding the above to the contrary: (1) An annual increase in the Annual Assessments shall not be more than ten percent (10%), except by approval of at least two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting;cei for this purpose. The provisions of this subsection shall not apply to, nor be a limitation upon, any clmnge in the maximum annual assessment undertaken as an incident to a merger or consolidatiog0i which [hq Association, is authorized to participate under this Declaration, or its Articles or Bylaw.%g "tU 38 (ii) Subject to the provisions of this Article VI1, the Board of Directors may fix the Annual Assessment at any amount not in excess of the maximum Annual Assessment allowed for the applicable calendar year. 7.4 Working Capital. In addition to the regular Assessments to be charged and paid hereunder, each Lot or Living Unit Owner hall, at the time of the sale of each Lot or Living Unit, pay to the Association the sum of Two Hundred and No/100 Dollei-,J$20(1ias00) as additional working capital of o the Association. These amounts neeilno[ be segfagated, but may hb'coptlJt ingled with regular Assessment funds. � �, 7.5 Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any Annual Assessment Period, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs of any construction, reconstruction, restoration, repair or replacement of a capital Improvement upon the Common Area and/or Restricted Common Area, or any oar, unexpected expense for which the Association is responsible, provided that. any such Assessment shall lru%e the assent of two-thirds (2/3) of the votes of J spa each class of Members who are vot�ingfn person_o�r bb prox?'A' meeti�� my called for this purpose. 7.6 Notice and Quorum for Any Action A�tithorized Under Article VII. Written notice of any meeting called for the purpose of taking any action authorized under this Article shall be delivered to all Members entitled to vote not less than ten (10) days nor more than sixty (60) days in advance of the meeting. If mailed, such notice shall be deemed to be delivered two (2) calendar days after being deposited in the United States mail, addressed to the Member at its address as it appears on the books of the Association, with postage thereon prepaid. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent,S6%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not=present, anoth;n,er meeting -may be called subject to the same notice requirement, and the require, Arum at`ilto„subsequent meetitig -IL be one-half (%x) of the required quorum at the preceding meeting. No such s"ubsequent meeting shall be held more than sixty (60) days following the preceding meeting. T7 Uniform Rate of Assessment. Except as otherwise provided in Section 1.14 hereof, both 9 �����r B`2565 P0940; �0 6a �G arO lck Count,• NC- Annual and Special Assessments must be fixed at a uniform rate for all Lots in Use or Living Units. However, if sub -classes of membership are created by Declarant, Assessments may differ between sub- classes; but shall be fixed at uniform rates for all Lots and Living Units within a sub -class. Assessments with respect to a sub -class of membership shall be determined by the cost to the Association, experienced or reasonably anticipated, of carrying out the -purposes of Assessments, as applied to the sub -classes of memberships. 7.8 Date of Commencement of AnndahAssessments D Qwes. Except as otherwise provided in Section 1.14 hereof, the Annual Assessments shall commence as to a Lot or Living Unit on the first day of the month following the date it becomes a Lot in Use or Living Unit. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the Annual Assessment shall be sent to every Owner subject thereto at least fifteen (15) days in advance of each Annual Assessment Period. The Annual Assessment shall be payable annually on a due date established by the Board of Directors; and at the closing on the purchase of a Lot in Use or Living Unit, the purchasing Owner shall pay a prorata portion of the Annual Assessment then in effect. The Association shall, upon demand at any time, furnish a cutif eide in writing signed by an officer of the ' gyp_ -gym Association setting forth whether the,AssessmerUssyon a specified [rbY,pr,Liying Unit have been paid. A pia reasonable charge may be made bytfte Board for`0t24ssuance of these fica[es. These certificates shall be conclusive evidence of payment of any Assessment as to third parties acting in reliance on the statement. 7.9 Effect of Nonpayment of Assessments/Remedies of the Association. Any Assessments which are not paid when due shall be delinquent. The Association shall have the option to declare the outstanding balance of any Assessment due;end payable if any installment thereof becomes delinquent. If the Assessment is not paid within thirty Qd) days after the due date, the Assessment shall incur a late q4e charge of $25.00 and hear interest fromthe date of delinquepg,at,[he rate of twelve percent (12.0%)per annum or the highest rate allowed bylaw, whieliexcr is less, and'th��:a.°S�iation may bring an action at law against the responsible Owner and/or foreclose tliedien against the applicable Lot or Living Unit. Interest, costs, and reasonable attorney fees of any such action shall be added to the amount of the delinquent Assessment Each Owner, by the acceptance of a deed to a Lot or Living Unit, expressly vests in the Association, its agents or assigns, the right and power to bring all actions against the Owner personally liable for the collection of a debt and to enforce the lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or a deed of trusulien on real property. Each Owner also expressly grants to the Association a power of sale in connee'stlon with ferecl5+yt�rc of a lien for Assessments. The lien t e.,_ provided for in this Article V11 shall in favorgf the Asso&smnm�uting on behalf of the Owners, which shall have the power to bid at foreclosure and to acquire and hold, lease, mortgage and convey the foreclosed Lot or Living Unit. No Owner may waive .otherwise escape liability for assessments by non-use of the Common Area or by abandonment of its Owner's Lot or Living Unit. 7.10 Subordination of the Lien of Assessments to Mort ages and Ad Valorem Taxes. The lien of the Assessments shall be subordinate to the lien of any first mortgage (or deed of trust) and ad valorem taxes on a Lot or Living Unit. Except as may otherwise be provided hereinbelow, the sale or transfer of any Lot or Living Unit shall not affect thet sessment lien. Provided the Association is given prior written notice thereof, the sale or transftrr of a Lot or Living3�nitpursuant to the foreclosure of such mortgage or tax lien, or any proceedini'm lieu tfit reof, shall ext rig iu sl�tfte lien of such Assessments as to payments which became due pnorto such sale or. tranafer. In no event, however, shall a sale or transfer relieve the Owner of any such Lot or Living Unit from liability for any Assessments thereafter becoming due or from the lien thereof. 10 uz c °. 4�ckr�4��Register B2565 P0541���� o 26a 7.11 Exempt Pronertv. All Lots or Living Units dedicated to and accepted by a local public authority, all Common Area, Restricted Common Area and Improvements thereto, and all properties 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. ARTICLE"Vill ��USE RESTRIG'CIRPTSS�, �CsD 8.1 Building Sites. Each Lot or Living", as approved by the appropriate governmental entity, shall constitute a building site (a "Building Site") and shall be used for single-family residential purposes only. The lay of each Lot or Living Unit as shown on the recorded plat shall be substantially adhered to; provided, however, that the size and shape of any Lot or Living Unit may be altered with the prior written approval of the Declarant (as long as Class B membership exists), the Board of Directors or the Association's architectural committee (the "Architectural Committee') and the appropriate governmental authority. More than one Lot`or Living Unit may be used as one Building Site. In no event, however, shall any Lot or Living(TtiLS be re -subdivided or recombined in violation of any applicable zoning or other laws in force'at the time of the cha ge'17PCan c)art reserves the right to utilize any Lot or Living Unit for purpose of constructia§ a -road to access AjZee nt property, subject to approval by all necessary govemmental authorities. '"ate 8.2 Setbacks. Building setbacks of the Improvements on any Lot or Living Unit shall be as set forth in the zoning ordinances of the Town of Leland and Brunswick County, North Carolina, or any other governmental authority having jurisdiction over the Property. For the purposes of this covenant, eaves, steps, carports, decks and open porches shall not be considered a part of a building; provided, however, that this shall not be construed �[p permit any p�rtion of a building on a Building Site to encroach upon another Lot or Living Unit. Declarant (soRonk, -Class B membership exists), the Board of Directors or the Architectural Co.0 mittee m?capprove a violahliri ofJhjse requirements by written waiver, provided such violation otherwise complies a7jt the applicable zoning ordinances and setback requirements. 8.3 Improvements. Except as may otherwise be authorized herein, Improvements on any Lot shall be limited to a single-family, residential structure, and the accessory uses thereto. All Improvements constructed upon the Lots shall be of new construction. Unless otherwise approved in writing by Declarant, in its sole discretion, no detachedlingle family residence shall be constructed or placed on any Lot which has a minimum area of less than 1,750 square',feet,of heated area. No townhome Living Unit �s- Jlis e — shall be constructed or placed on any,I;et whichyhas a mimmumraYe�:oLless than 1,100 square feel of heated area. During the Declarant gontrol Period, Declarant may mo`dtigthese minimum area requirements at any time without the consent of the Members. Notwithstanding the foregoing, the minimum area requirement for a detached single family residence shall be 1,450 square feet of heater area for Stevens. No residential structure shall be constructed or placed on any Lot which is more than three (3) stories in height (except a condominium building may be fifty feet (50') in height). No structures of a temporary character, manufactured home, modular home, trailer, basement, tent, shack, separate garage, barn or other out -building shall be used on any portion of the Property at any time as a residence, either Temporarily or permanently. No storage s1ieA, garage or other out -building shall be constructed, used or permitted on any portion of the Propery without the prtor' Fritterrapproval of the Declarant (as long as Class B membership exists), the Board of Directors or the ArchitecturgIT11pmmittee. 4s� 8.4 Declarant and Builder Facilities. Noi withstanding any provision in this Article VBI to the contrary, for so long as Declarant or Stevens retains ownership of any Lot or Living Unit, Declarant and Stevens may, subject to all applicable laws of any governmental authority having jurisdiction over the II F 2007 �sII�IIIIIfliHNIll lullllllllJIIIIr B2kk5, B54?e�l1f 28a Property, maintain such facilities as Declarant and Stevens deem reasonably required, convenient, or incidental to the development and sale of any such Lot or Living Unit. These facilities may include, without limitation, a business/sales office, model home, storage area, construction yards and signs. In addition, in connection with any of the above activities, Declarant, Stevens and their respective agents shall have the right to park vehicles or placematerials in any Subdivision rights of way. 8.5 Animals. No arimals,dioestock or otil°pn p tiyCgfewey�kind shall be raised, bred, kept or maintained on the Property or in any._Improvement�thereto, excepilaik,a reasonable number of domesticated household pets may bye kept on any M.Wovided that such pet(s)s: (a) are not kept for breeding or commercial purposes, (b) do not pose an unreasonable disturbance to adjacent neighbors, do not unreasonably interfere with a Lot Owner's peaceful enjoyment of their Lot or of the Common Properties, and do not constitute a nuisance or annoyance to the neighborhood; (c) do not pose an unreasonable risk to the safety, health or wellbeing of adjacent neighbors or to the neighborhood; (d) can be, and are, restrained by a fence of not more than six feet in height; (e) are reasonably restrained while outside of the residence; and (f) are not permitted access to an outside shelter which is (i) not approved by the Declarant (as long as Class B membership exists), thcBoard of Directors or the Architectural Committee, or (ii) visiiree[. ble from the stThe.term "dome I ck6dThousehold pet," as used herein, means, among other things, that the pet regularly resides within the home on iWitot or is a pet of a kind or nature that is capable of regularly residing within the home oathe Lot. Notwithstanding the foregoing, the following dog breeds are specifically prohibited from being kept or maintained on the Properties or on a Lot: Rottweilers, Presa Canaries, Dobermans, Chow -Chows, Pit Bull Breeds (including but not limited to American Pit Bull Terrier, American Staffordshire Terrier, and Staffordshire Terrier) and Wolf Hybrids. Notwithstanding the foregoing, any animal with a bite history as evidenced by documentation from a state or local animal control agency or other reliable medical or veterinary records are specifically prohibited from being kept or maintained on the Prgp"erties or on a�Lot. No pet shall be permitted upon the Common Area unless attended and cart' red or leashed bysa!P-prs�on„who can control the pet, All pets shall be controlled so as not to create a nut ce or It '. onabla distutb itd (including but not limited to loud or excessive barking) on the Prope4. All Owners an. eir respective tenants and invitees who own pets (collectively, the "Pet Owners") shall immediately cleanup any waste on the Property from his/her pet. All Pet Owners shall indemnify and hold the Declarant (during the Declarant Control Period) and the Association harmless from any claim, action or demand against the Declarant or Association that arises out of or results from any act of their pet. All Pet Owners shall promptly repair, at his/her own cost, any damage to the Common Area caused by their pet. If any Pet Owner violates this Section 8.5, the Declarant (during the Declarant Control Period) and the Association shall have the right, but not the obligation, to require the Pet Owner to p&manently reniowthe pet from the Property upon no less than [en (10) days prior written notice, in addition to any oth,(W, er remedl?In.addition, the Declarant (during the Declarant Control Period) and the Association shall�s cificaIly have [he power and authority to designate by rule from time to time, based upon temperament, s,1k; nature or tendencies, a list of animal breeds or types which shall be additionally prohibited on the Property or on any Improvements thereto. 8.6 Screening. All equipment (including play equipment), garbage cans, service yards, wood piles or storage piles shall be kept screened by adequate Improvements so as to screen them from view of the street and adjoining Lot or Living Units: All garbage, trash or rubbish shall be regularly removed from the Lot or Living Unit and shall not`6 allowed to unreasonably accumulate. 3.7 Leasing. No Lot or Eiving Unif%any portion of the 2inrovements situated thereon shall be leased for transient or hot6purposes, or fof` ores of operating a group home; and no Lot or Living Unit or any portion of the Improvements situate 'thereon may be leased to an individual with prior felony convictions. Notwithstanding the foregoing, an Owner may lease not less than the entire residential structure on its Lot or Living Unit, provided that the lease must be in writing, must be for a 12 All �8,. ���i.k C . f{BtNl�l, l6t��r 62565 J. Roles � ZB period of not less than three hundred sixty five (365) days, and must provide that it is subject to this Declaration and the Bylaws, and that any failure by a tenant to comply with such documents shall be a default under the lease. Failure to include this provision in the lease shall not relieve the tenant from complying with the Declaration and the Bylaws. IV 8.8 Utility Devices. Withoufthprior written approval of Declarant (as long as Class B membership exists), the Board of Dir roG or these Architea6ral)Committee, no exterior television or radio antennas, satellite dishes, solar panels or other utility devices of anytsrrr;_8hall be placed, allowed or permitted upon any portion of the exterior of the Qxp irtvements situated on the Property. Notwithstanding the foregoing, an Owner may place on the exterior of its residence, below the roof, a satellite dish no larger than eighteen inches (18"). The dish may not be visible from the Subdivision streets and adjoining Lots or Living Units. 8.9 Business/Obnoxious Activity. No business activity of any kind or any obnoxious or offensive activity shall be conducted on the�woperty or the Improvements located thereon, nor shall anything be done which may be or may become a nuisance,ol, annoyance to the neighborhood. Nor shall the Property be used in anyway or for any purpose which ms ndaWr the health of or unreasonably disturb an Owner or its tenants or invitees. No uR%btly objects or nut es shall be erected, placed or permitted to remain on the Property, and in no event m the Common Area, Restricted Common Area, or rights of way. 8.10 Signs. No signs (including, without limitation, "For Sale", "For Rent", "Yard Sale" or "Information Box" signs shall be erected, placed or permitted to remain on any Lot, Living Unit, Common Area, Restricted Common Area, or my other portion of the Property, without the prior written consent of the Declarant (as long as Clasg,lymembership, exists), the Board of Directors or the Architectural Committee. The foregoing covenants shalj+wD/howevor, apply to the business activities, v e:- rr7rz- signs, and billboards or the conslrucNon and matMenance of bmldittgs';'�f/any, of (a) Declarant, its agents and assigns, for twelve (12) years to the da[eTof�incorporation of the Association (January 10, 2007); or (b) Stevens for as long as it owns a Lot or Liv ng Unit in the Subdivision. Further notwithstanding the foregoing, signage may be installed and maintained within an easement or buffer area shown on any recorded plat of the Property if permitted by all applicable laws, rules, regulations and ordinances, and if approved in writing by the Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee. 8.11 Vehicles. No boats, recreation vehicledyox trailers of any Owner or member of its family, �-,- ec-;ar� tenants, or contract purchasers shall be*arked within the Corinna lArea, Restricted Common Area, or within the right-of-way of any stree6n or adjacenrtosthe Property. Sul', hicles shall only be parked within the Owners garage or other areas of the Prope- hich maybe designated by the Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee. No boat, recreation vehicle or trailer may be located closer to the street than the front foundation of the house, the exact location to be approved by the Declarant (as long as Class B membership exists), the Board of Directors or Architectural Committee. No Owner or its tenant(s) shall park or store an inoperative or abandoned boat, recreation vehicle, trailer or: automobile on any Lot or Living Unit or on the streets in the Property. All vehicles parked or stored o❑"the Property, must have current registration. 9.12 Above -Ground Tanks?' No exp'dsed above- ground°ren'ks may be placed on the Property without the prior written approval of the Declarant long as Class B membership exists), the Board of r Directors or the Architectural Committee. Notwithstanding the foregoing, Owners may install above ground propane tanks for fireplaces; provided, however, that such tanks are screened from view of the Subdivision streets and adjoining Lots or Living Units. The screening Improvements shall be subject to 13 � eSb ICJ s y�'j7 � ,3yy V a BIIIIIIIIIII`i il�lllll 11 l�tlllllr B365dW4'�; �r0M the prior written approval of the Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee. 8.13 Lawn Ornaments. Decorative lawn ornaments shall be approved in writing by the Architectural Committee prior to installation;or placement thereof on any Lot or Living Unit. 8.14 Window Treatments."aluminum toPAtlefiective film or similar treatment shall be placed on windows or glass doors.�c'� V U�Gn 8.15 Fences. (a) Fences in general. No fences or walls shall be installed or maintained in side yards and rear yards that are subject to the maintenance easement specified in Section 9.5. The construction plans for any fence must be submitted to Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee fo,�iprior written approval. Perimeter fencing and privacy fencing may not exceed six (6) feet in heiiltt. (t/j G7Q�v2j� (b) Pool fences. NotwiBtstanding ah'�I ing to the contrar�o��ntained herein, any pool constructed within the Property shall be surrounded by§mon-climbable perimeter fence at least five (5) feet, but no more than six (6) fcet, in height, and equipped with a self -closing mechanism on all gates. The construction plans for any swimming pool and fence must be submitted to Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee for prior written approval, and such approval will not be given unless such plans include a perimeter fence in compliance with this sub -paragraph (b). The minimum fence requirements contained in sub -paragraph (a) above shall apply to any pool fences constructed within the Property. nv 8.16 Parking Right. Adequate of%sirCet parking shatl'b'erpt4t"ded by the Owner of each Lot or Living Unit for the parking of a fomobiles ownedlbyy��that Owner. Owners and their tenants shall not be permitted to park their automobiles on the streets in the�Subdivision. 8.17 Maintenance. Each Owner shall keep its Lot or Living Unit free of grass taller than six inches (6), undergrowth, dead trees, trash and rubbish, and shall otherwise properly maintain its Lot or Living Unit and the Improvements located thereon so as to present a pleasing appearance. If an Owner does not, in the reasonable opinion of the Dcelamnt (as long as Class B membership exists), the Board of Directors or the Architectural Committeeel%operly maintahtthe same, Declarant and/or the Association r sru may have the required work done and,die costs;incured for such,�tr[k„plus a service charge of fifteen percent (I5%) of such costs, shall be assessed againste Owner. w-�, tD) 8.18 Storage Units. No storage unit or large trash receptacle may be located on any Lot or Living Unit for more than one (1) week without the prior written consent of Declarant (during the Declarant Control Period) or the Association. 8.19 Governmental Regulations, c£ach Owner shall comply with all laws, ordinances. governmental building codes, health regulations, zoning restrictions and the like applicable to its Lot or Living Unit and/or Common Areas. In.the event of aro- mfhct-between any provision of such u governmental code, regulation or restiic[ion and`ag provision of thrfthi s,Dgelaration, the more restrictive provision shall apply. �9�• �+?y2, �`�� 8.20 Stormwater Control. The following covenants are intended to ensure ongoing compliance with North Carolina State Stormwater Management Permit Number S W8 060238 as issued 14 o � IIIIIif�NIN INlll�l�lllllllllll B2565 P05451'a 3e, �aa ^� P0h firunsulck l:ountY'll JRs9IsNr ar Dseds Rees 15 or 26 by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State of North Carolina. No more than 3,000 square feet of any Lot shall be covered by Improvements or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, state or similar material, but does not include wood decking or the water surface of swimming pools. Swales shall not be filled in, piped, unaltered except as necessary to provide driveway crossings. Built -upon area in excess of the permitted amount requires a North Carolina State Stormwater Management Permit modification prior,toconstruction. WIftpGrmitted runoff from outparcels or future development shall be directed into the '**etmittedt`stormwater confrolfsy5m. These connections to the s[ormwater control system shall be performed in a manner that maintains the integrity and performance of the system, as permitted. 8.21 Additional Restrictions. The Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee shall have the power to formulate, amend, publish and enforce other reasonable rules and regulations concerning the architectural control and use of the Property. 8.22 Anti-Discrimination.�No action•Shall at an gtmz;6C,taken by the Declarant (as long as Class B membership exists), the Board of Director5.or the Architecturelfommittee in the enforcement or interpretation of hese Covenants which in any manner would unfairly discriminate against any Owner in favor of any of the other Owners. 8.23 Waiver. Notwithstanding anything above to the contrary, Declarant (as long as Class B membership exists), the Board of Directors or the Architectural Committee shall have the right, in the exercise of their reasonable discretion, to waive one or more violations of the requirements of this Article VIII. No waiver shall be effective unlessin writing; and; such waiver shall not operate as a waiver of any other requirement respecting the Lot oviliving Unit in quistiourmany other portion of the Property subject to this Declaration. No waiver shall be effective if it shall caiui t#e Lot, Living Unit or Improvements situated thereon to be in non-conforrn'anlcee with any applicable governmental ordinances. ARTICLE IN EASEMENTS 9.1 Blanket Utility Easement A blanket easement upon, across, over and under all of the Property, including Lots, Living Units, Con non Area and Restricted Common Area, is reserved for ingress and egress, installation, replacing; repairing and'r,meintaining all utilities, including, without limitation, cable, water, sewer, gas, telephones,±and electricit Not)vithstanding the foregoing, no sewers, electrical lines, water lines; other utilii§�°equipment or facrlr�tiEsmay be installed or relocated (i) in the Common Area or Restricted Common Area, ex"ar"pt as approved by Declarant (as long as Class B membership exists) or the Association; (ii) under any Living Unit; or (iii) on the Property in a manner which would have a material negative impact on the value of the Property or any portion thereof and the Improvements located thereon. If any utility furnishing a service covered by this general easement requests a specific easement by separate recordable documents, Declamnt (as long as Class B membership exists) or the Association will have the right and authority to grant such easement. The easement provided for in this Article IN shill in no way, affect other recorded easements on the Property. ar�'S`✓Jn�j�'CSG�S 9.2 Association Easemetlts. An easement is granted to?t larant (as long as Class B membership exists) or the Association and their respective officers, agent employees, and independent contractors, and to any management company retained by the Declarant (as long as Class B membership exists) or the Association to enter in or to cross over the Common Area and the Restricted Common Area. In addition, every Lot or Living Unit shall be subject to an easement for entry by the Declarant (as long as 15 �Muiiivirn it�i� ��0tr 62565 J. R4 neft Page fio zs Class B membership exists) or the Association (and the Persons described above) for the purpose of correcting, repairing, or alleviating any emergency condition which arises upon any Lot or Living Unit and that endangers any Improvement to or portion of the Common Area and/or the Restricted Common Area. The Declarant (as long as Class B membership exists) and the Association shall have the power and authority to grant and establish upon, over, under and across the Common Area and the Restricted Common Area such further easements as:Ne requisite for the convenient use and enjoyment of the Property without approval of the Members as provided �fi�ereip�.6An,easement over, through and to Lots located adjacent to the ponds) loca[dd on the Pr6pgrty is reserved in &kblished in favor of the Declarant (as long as Class B membership ezi'sts) or the Associiitten for access to and maimenance of the pond(s). 9.3 Encroachment. All Lots, Living Units, the Common Area and the Restricted Common Area shall be subject to easements for the encroachment of initial Improvements constructed on adjacent Lots, Living Units, Common Area and Restricted Common Area by Declarant, as well as for the maintenance thereof. If an encroachment shall occur after the construction of the initial Improvements due to settling or shifting of such Improvements or due to any authorized construction, alteration or repair, an easement shall exist for the continuance and maintenance of such encroachment upon the subject Lot, Living Unit, Common Arrba and/or%Restricted &ommgy''rAe for so long as such encroachment shall naturally exist.j �''fra s�U 9.4 Temporary Construction Access and Disturbance Easement. A temporary easement over, through and to the Common Area and the Restricted Common Area is reserved and established in favor of Declarant and all Owners for purposes of ingress, egress, regress, construction activity, storage of construction materials and the necessary disturbance of land for construction on any Lot. This easement shall be used only as and when necessary to; facilitate the construction of Improvements at any time on a Lot by Declarant or an Owner, as well as the extension f driveways, sidewalks, underground drainage It, in and utility conduit and hookups to anyX-iving Unit situate&oiVaLotr(the "Construction Work"). The Construction Work shall be performeTin accord rue with all appli�ritifC;laws, pursuant to Plans & Specifications (as defined in Section 11.2 hereof) a pi yed by the Declarant (as long as Class membership exists) or the Architectural Committee, and in a manner which will minimize to the maximum extent possible any ;oil or laid disturbance activities. The Construction Work shall also be completed as soon as reasonably practicable. The Person(s) performing the Construction Work shall employ all safeguards reasonably necessary to protect the safety of the portion of the Property subject to this easement (the "Construction Easement Area") and all Persons entitled to use the same, as well as the environmental and aesthetic integrity of the.feonstruction Easement Area. The Person(s) performing the Construction Work shall also keep the subject Lot and tkt:Cgnstruction Easement Area free and clear of vi all construction waste and debris as thAame may be produceced�iluringItlie Construction Work. Within five (5) business days following the Completion ofthe Construction Work?the Person(s) responsible therefore shall (a) remove all materials, supplies and equipment associated with such work from the Lot and Construction Easement Area, and (b) restore the Lot to a condition which is graded smooth, in harmony with surrounding areas and, if applicable, landscaped in a manner substantially similarto any previous landscaping. If that Person fails to restore the disturbed land as required, the Declarant (as long as Class B membership exists) or the Association may restore the Lot to the required condition, and that Person shall indemnify the Declarant (as long as Class B membership exists) or the Association for the reasonable expense incurred in performing the restoration. This easement shall be restricted to that Common Area and the Restricted Common Area which sfiall''*xea§onably servient and proximate to the Lot upon which the construction is taking placeV. wJ q , 9.5 Maintenance Easement. An easement over, though and to adjacent Lot(s) is reserved and established in favor of all Owners of any Living Unit or other Improvements located closer than five (5) feet from a Lot line. This easement shall be used only as and when necessary to facilitate maintenance 16 a3-as-2aei ;��r B256� PO ilttT,no1a2 BrwuY, i�k Canty, NC of the Living Unit at any time on a Lot by an Owner. In each instance, the Person exercising these easement rights shall use its best efforts to minimize any soil or land disturbance activities, and shall restore the Lot to substantially the same condition as existed prior to such maintenance work. If such Person fails to restore the disturbed Lot as required, the Owner(s) of the adjacent Lot(s) may restore the Lot to the required condition and that Personahall indemnify the Owner(s) of the adjacent Lot(s) for the reasonable expense incurred in performingi6t restoration. Ilea/ z 9.6 Drainage Eag sF period'o,thirty-six (36) tno8f6sfollowing the initial conveyance of a Lot to an Owner by�Dec] amnt, tha' t shall be subject to an easement for entry and encroachment by Declarant for the purpose of correcting any grading or drainage problems with respect to that Lot or adjoining Lot(s). After such an entry, Declarant, at its expense, shall, to the extent reasonably practicable, restore the affected Lot(s) to their original condition. 9.7 Easement for Underground Utilities and Street Lighting. Declarant reserves the right to subject the Property to a contract with Carolina Power & Light Company, Progress Energy or Brunswick Electric Membership Corporation for the`.installation ofrground electric cables and the installation of street lighting, either or both of whit" -ay requite a cominurenrs n'�,nthily charge to the Owner of each Lot or Living Unit. The Declarant (as long as Class 6 nYembership exists)`an^d the Association may elect to pay all invoices for street lighting in the Subdivision; ittPwhich event, such costs shall be deemed a Common Expense. 9.8 Governmental Easements. (a) Declarant reserves an easement for the benefit of the appropriate governmental entity over all Common Area, Restricted ComTOn Area, and an area five (5) feet behind any right-of-way in the n_ Property existing now or in the future for'the setting, removalyend�{eading of water meters, the maintenance and replacement of wO r and sewaQ�(a�cilities, and [hg�cpllaction of garbage. (b). An easement is also granted to all police, fire protection, garbage, mail delivery, ambulance, and all similar Persons to enter upon the private streets cf the Subdivision, the Common Area and the Restricted Common Area in the performance of their duties. 9.9 Sign or Landscape Easement. An easement is granted to the Association, its officers, agents, employees, independent comractorsfand to any management company retained by the Declarant (so long as Class B membership exists) o10the Associa[ibnjo;enter in or to cross over any portion of a Lot denoted as "Sign Easement" or "Lan"Qcape Easement" on a`' rdplat of the Property. The Association shall be solely obligatedland responsiliieL[o maintain such eaement area, including, without limitation, planting, watering, pinning, weeding, spraying, maintaining and replacing any shrubbery, trees, fences, signage, and other landscape material which shall be placed thereon. The Owner of any Lot encumbered by a sign or landscape easement area agrees not to remove, injure or otherwise destroy the signage or landscape material placed within such easement area; but such Owner shall in all respects remain the fee owner of such Lot and may use the Lot for all purposes not inconsistent with the terms and conditions hereof. 60 9.10 Priority of Easements. Each of the aba-, b iAsemeats shall be deemed established upon the recordation of this Declaration an8 shall hendeforth be deemed1iovEnayns running with the land for the use and benefit of the Lots, Living Units, the Contmon Area and the Restricted Common Area, as the case may be, superior to all other encumbrances which may hereafter be applied against or in favor of the Property or any portion thereof. 17 � � , ,�Illlllii�lkCounlllll llllllllllllr R2 rt J. R8b a �zfia ARTICLE X INSURANCE 10.1 Coverage. The Association shall obtain a broad -form public liability policy covering all Common Area, Restricted Common Area, and all damage or injury caused by the negligence of the Association or any, of its agents. This coovvgage shall berm the amount of at least One Million and No/100 Dollars(SI,000,000.00). This insumncemay include cov6agcagainst vandalism. All Persons responsible for or authorized to expgtid'funds or`afherwise deal in [tiee.A-3sociation's assets shall first be bonded by a fidelity insurer to indemnify the Association for any loss or default in the performance of their duties. The Association shall also obtain such other insurance coverage as it deems desirable and necessary. 10.2 Ownershin/Proceeds. All contracts of insurance purchased by the Association shall be for the benefit of the Association and its mortgagees, if any, as their interests may appear, and the Owners, and shall provide that all proceeds thereof shall be payable to the Association as insurance trustee. The sole duty of the Association, as insurance trustee, shall;*,lo receive any proceeds paid and hold them in N- V0. �i/1�.. trust for the purposes stated in these Co4enants:r,The proceedsreeplved;4y the insurance trustee shall be distributed to, or for the benefit of, the appropriate ciary(ies). uisluJ 10.3 Premiums. Premiums for contracts of insurance purchased by the Association shall be paid by the Association and shall be included in Common Expenses. 10.4 Prohibited Acts. No Owner shall do or keep anything on the Property which shall cause an increase in the premiums for, or the cancellation of, any insurance maintained by the Association. p n-. ARCHITECTURAL CQ{v'TROL AND [NSP;ECTION 11.1 Members, The Architectural Committee shall initially consist of one (1) or more Persons designated by Declarant. Upon the team ination of Class B membership in accordance with Scctions 5.l(bxi) and (iii), Declarant shall assign to the Association the rights, powers, duties and obligations of the Architectural Committee. Such assignment may, however, be made subject to a reservation by Declarant of its right hereunder to review and approve all plans for new Living Units and other Improvements to be constructed on any Loftin Use. Upon the assignment of Declaram's architectural review rights in accordance with the ternfGf this Smti6n,,Lt,l the Board of Directors shall appoint three (3) or more Persons asthe membersofi)ie Architectural ComfnitC�L?,�D 11.2 Powers. The Architectural Comrmt ehhhall have the right to refuse approval of any plans and specifications for Improvements proposed to be constructed on a Lot (the "Plans & Specifications') which are not suitable or desirable, in its sole discretion, for aesthetic or any other reasons. In approving or disapproving Plans & Specifications, the Architectural Committee shall consider the suitability of the proposed Improvements, color, and materials to be used in those Improvements, the site upon which they are proposed to he erected, and the effect of..the Improvements on adjacent or neighboring property. There is specifically reserved unto the Arcl inectural Committee the right to enter and inspect any Lot for the purpose of determining whether there xists thereoni aiiyj tpro ements which violate the terms of any approval by the Architectural Committee or the Yerms of this D"eciu4;tign ff of any other applicable covenants, conditions and tes[riclidus. If an Owne a is to construct Improvements on its Lot in accordance with the Plans & Specifications approved therefore, or if an Owner constructs Improvements without obtaining approval of the Plans & Specifications therefore, as required by this Article XI, the Declarant (as long as Class B membership exists). the Association, or the Architectural Committee may, 18 y5 �tsV� �G f0h (ui�aiif �ii%�������'���������� BY56? J. Ro ° son 30.000 �L firunsulck Cewtyi�[IC Rsg istsr of Dude pegs 19 of 26 but shall not be required to, remedy the non-compliance or remove the unauthorized Improvements, and the Owner of such Improvements shall indemnify the Declarant, the Association or the Architectural Committee, as applicable, for the reasonable expense incurred in performing such remedial work or removal. With the exception of Stevens, if an Owner fails to commence construction of initial Improvements on its Lot within ninety (90) days after the Lot is conveyed by Declarant to the Owner, the Declarant (as long as Class B membership exists) shall have the right, but not the obligation, to re- port _ purchase the Lot from the Owner at thesame price paid [b`DeGlar9t by the Owner. The Declarant (as long as Class B membership exists) aml'the Association are spemficaHygtnpowered to enforce the provisions of this Declaration by any legal or equi[afie;, �medy. In the even[ it becomes necessary to resort to litigation to determine the propriety of any Improvements, or to remove any unauthorized Improvements, the prevailing party shall be entitled to recovery of all court costs and expenses (including reasonable attorneys' fees). 11.3 Approval of Plans & Specifications. No Improvement shall be constructed upon the Property, nor shall any Improvement be repaiied or rebuilt after casualty damage until completed Plans & Specifications showing the nature, kind, space, heighf-„,materials, and location of the shall have been submitted to and approved in writing bythe Arcllitectuml�Cort mAteeaAn Owner's proposed contractor(s) and/or architect for an /Ihnprovemel'shall be subject to [bo'ieasonable prior written approval of the Architectural Committee. A failure to approve or disapprove completed Plans & Specifications, the proposed contractor(s), and/or the proposed architect within sixty (60) days after they have been submitted shall be deemed to be a disapproval thereof. Any Plans & Specifications containing inaccurate information or omitting information of a material nature shall not be deemed to be approved notwithstanding any prior approval by the Architectural Committee. Neither the Association, the Association's Board of Directors, Declarant,:the Architectural Committee or any officer, employee, director or members thereof shall be liableifor damages,jo any Persons by reason of mistake injudgment, negligence or nonfeasance arising out ofar in connec[id'n-kVt_th thci�approval, disapproval or failure to approve any Plans & Specifications,.con[mctor(s):pr architect. Evei Slcctson who submits Plans & Specifications for approval agrees,•fiy submission o`fsUch Plans &Specifications, that it will not bring any action or suit to recover any such damages. All submissions to the Architectural Committee shall be in v.•riting, and electronic mail shall not constitute a proper submittal. Notwithstanding the foregoing, Stevens is an approved contractor, and each of Stevens' Plans & Specifications need only be approved once by Declarant for use in the Subdivision. °ARTICLE XII EXTERIOR MAINTENANCE 12.1 Duty to Maintain. Except as maylbtbberwise be prrovi �' any Sub -Association declaration, it shall be the duty of each Owner to proli&ly maintain its Lot or Living Unit and all Improvements constructed thereon or thereto. 12.2 Remedies of Declarant (so lone as Class B membership exists) and Association. If, in the opinion of the Declarant (so long as Class B membership exists) or the Association, an Owner shall fail to maintain its Lot or Living Unit in a manner, which is reasonably neat and orderly, or shall fail to keep the Improvements constructed thereon or t_lie eto in a state of repair so as not to be unsightly, the Declarant (so long as Class B memberfshlp exists) or the'Association (by the affirmative vote of two, thirds of the members of the Board gfDirector5);(mt its discretion, an3_fgllowing ten (10) days written notice to such Owner, may enter open the Owner's L'ot or Living Unit and make, or cause to be made, a repairs to the Improvements constructed thereon o: ther8io, and perform maintenance on such Lot or Living Unit, including, without limitation, the removal of trash, cutting of grass, pruning of shrubbery, seeding and correction of items of erosion control. The Association shall have an casement for the 19 R �y 0a-05-30. 15 on J,of �l��u���l�nlh�ll�WIllllater 6256? P0550.^30 or �a purpose of accomplishing the foregoing. All costs incurred by the Declarant (so long as Class B membership exists) or the Association in rendering such services, plus a service charge of fifteen percent (15%) of such costs, shall be added to and become a part of the assessment to which such Lot or Living Unit is subject. ARTICLE XIII GENERAL PR&,ISIQ 4 z�00 13.1 Enforcement and Remedies. Declarant,(as long as Class B membership exists), the Association, or any Owner, shall have the right toenforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant (as long as Class B membership exists), the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event of any default in and/or breach of any of the terms, conditions and provisions of this Declaration (either actual or threatened) the party or parties who are thereby aggrieved shall have the right ro specific perfor ance and/or injunction in addition to any and all other rights and remedies at law or, equity,: yThe rightsan2dFrppedies provided by this Declaration are distinct and cumulative and the use -of any one riy+tor remedy by any paety shall not preclude or waive its right to use any or all other remedies. The rights and !%medies provided herein are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Notwithstanding anything to the contrary which may be contained herein, if any claim is made or litigation instituted against Declarant, then the Association shall assess all Members, other than Declarant, for the costs thereof, including, without limitation, attorneys' fees; and funds from regular assessments shall not be used for any such claim or litigation. Onn. 13.2 Severability of Provision. If any paragmph,section, sentence, clause or phrase of this Declaration shall be or become illegal; null or voi¢.for any reason orshall be held by any court of competent jurisdiction to be illegal; n li or void, the remaining paragraphs, sentences, clauses or phrases of this Declaration shall continue in full force and effect and shall not be affected thereby. It is hereby declared that such remaining paragraphs, sections, sentences, clauses or phrases would have been and are imposed irrespective of the fact that any one or more other paragraphs, sections, sentences, clauses or phrases shall become or be illegal, null or void. 13.3 Duration and Amendmentg.I9 (a) These Covenants shallnun with tha land fora`tet[n' f.thirty (30) years from the date of �- their recording and shall inure to thekenefit of 4tiDeclarant (so long 1t a'Class B membership exists), the Association, and any Owner, and their respective legal representatives, heirs, successors and assigns. These Covenants shall thereafter automatically be extended for successive periods of ten (10) years each unless terminated or amended by an instrument signed by Owners of not less than seventy-five percent (75%) of the Lots and Living Units. Any termination of or amendment hereto shall be recorded in the Office of the Register of Deeds of Brunswick County, North Carolina. (b) Notwithstanding the foregDing, Declarant shall have the right, as long as Class B membership exists, to amend this Declaration without tiie%65nsent of the Members, for the following t,v . purposes: (i) to conform to the requirements of'sn JNr ri'r»_ 4law or govermnenfaha�fency having legal jurisdiction over the Property; (ii) to qualify then?roperty or any7;ot or Living Llnits and Improvements thereto for mortgage or improvement loans made, insured or guaranteed by a government agency: or (iii) to comply with the requirements of laws or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of, the United States Government or the State of North Carolina regardin¢ 20 IIIIIIInflffllllN►lu�llllllll111 B25� J. R1ls � oaa BttY.u�lck County, nC Registy of Dasds page 21 or 2. s® purchase or sale of such Lot or Living Units and Improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, a governmental authority having jurisdiction over the Property, the Veterans Administration, U.S. Department of Housing and Urban Develogent, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal"National Mortgage Association, requesting or 6t 'r r ite. suggesting an amendment necesary�to comply wrth the requirem ntsthereof, shall be sufficient evidence of the approval of such corpomtiod'o agency, prov(aed�hat the changes made substantially conform to such request or suggestion. (c) No amendment which would change or delete any provision herein required by any govemmenml authority shall become effective until submitted to and approved by that authority; provided, however, that if such authority fails to approve or disapprove the amendment within thirty (30) days after the same has been submitted to itsuch approval shall not be required and the Person submitting the amendment shall be deemed to have fullyjwmmplied with this covenant. (d) As long as Class BAembership exists, and if Declarant-ileades to qualify the Property for Federal Housing Administration or Veterans Administration approval, the following actions will require the prior written approval of the Federal Housing Administration or the Veterans Administration: annexation of additional property, dedication of Common Area and/or Restricted Common Area, and amendment of this Declaration. (e) If an amendment is executedias provided heremabove, each such amendment shall be delivered to the Board of Directors which shall, within thirty (30) days: G�mchn (i) reasonably assure it'sHfamandm�that the eptihaJs been executed by the Owners of the required number of Lots or hiving Units, if necessary (for this purpose, the Board of Directorsmay rely on its roster of Members, and shall not be required to cause the title to any Lot or Living Unit to be examined); and (ii) attach the following certification: � ERTIFICATION A d 9/, By authority of its Board of'DirecWrs, GRAYSON;t PARK�OF LELAND HOMEOWNERS ASSOCIATION, INC. certifies that'the toregoin ,' strument has beehtduly executed by the Owners of seventy-five percent (75%) of the Lots and Livin - Units in the Property and is therefore a valid amendment to the Covenants recorded at Book Page . Brunswick County Registry. GRAYSON PARK OF LELAND HOMEOWNERS ASSOCIATION, INC. Xf (SEAL) PRsident Within the thirty (30) day period, the Board of Directors shall cause the amendment to be recorded with the appropriate Register of Deeds. All amendments shall he effective from the date they are recorded and properly indexed in the appropriate Register of Deeds. 21 4�0 er. P0552i,=i o°¢aa Brunsulck County, NC Register of Deatis page 22 of 26 13.4 Recreational Facilities. The original plan of, or future annexations to, the Subdivision may provide for recreational amenities upon the Common Area and/or Restricted Common Area for the exclusive benefit of the Owners of Lots and/or Living Units. These amenities shall be maintained by the Association. The Association may establish reasonable rules and regulations regarding the use of the facilities to insure accessibility, safety, harony, and preservation of the facilities. 71 i 13.5 Availabilityof Doc ua is. The?Association will Have7coaen[ copies of the Declaration, Bylaws, and other rules concemin fihe Subdivision 'aa�well as the Association's own books, records and financial statements, available during normal business hours for inspection by Owners and holders, insurers and guarantors of first mortgages that are secured by Living Units in the Subdivision. 13.6 Casualty. Whenever all or any par of any Improvements to the Common Area and/or Restricted Common Area shall be damaged or destroyed by fire or other casualty, the insurance proceeds therefrom shall be payable to the Association. If Members entitled to cast sixty-seven percent (67°°%) of the votes of each class of Members shallfdecide within docty_(60) days after such damage or destruction to art thereof, then the Board of repair or restore any such damaged grddestroycd Improvemems;'gr any p Directors of the Association shal jAw"ange for g&h repairs or res_6ia ons, and the Association shall disburse the insurance proceeds accordingly; subjectp however, to the right hereby reserved to the Association, which may be exercised by a majority of the votes of the Members thereof, to provide for the disbursement by the Association of the remaining proceeds held by it (after payment of all costs incident to such repairs or restorations) to the Members, or any one or more of them, in amounts disproportionate to their voting rights, which disproportionate amounts shall correspond with the disproportionate damages sustained by the Members, or any one or more of them, as the Association may determine. If Members entitled to cast sixty-seven percent (67°/u1W the votes of each class of Members shall decide within sixty (60) days after such damage or destruMion to not repiac_esuc¢ Improvements, or if the damage or destruction is confined to CommorteRrea and%iSryRestricted C'sorti Area on which no Improvements have been constructed, then the Association shall disburse the casualty insurance proceeds in the manner hereinabove provided for the disbursement of any insurance proceeds remaining after payment of all costs incident to the repair or restoration of Improvements. 13.7 Condemnation. Whenever all or any part of the Common Area shall be taken by an entity having the power of condemnation a5 eminent domain, the award made for such taking shall be payable to the Association. Unless otherwise required by law at the time of such taking, any award made therefore shall be disbursed by the Association as hereinafter provided. If Members entitled to cast sixty- seven percent (67%0) of the votes of eacclass,of Members-shal)%decide within sixty (60) days after such taking to replace any condemned,lmprovemenis%rany part thereof;Lon the remaining lands which are part of the Common Area and/or Restricted Common Area, then the Board of Directors of the Association shall arrange for such replacements, and the Association shall disburse die proceeds of such award in the same manner as they are required to disburse insurance proceeds where damage or destruction to the Improvements is to be repaired or reconstructed; subject, however to the right hereby reserved to the Association., which may be exercised by a majority of the votes of the Members thereof, to provide for the disbursement by the Association of the remaining proceeds held by it (after payment of all costs incident to such replacement) to the Members, or:any one or more of them, in amounts disproportionate to their voting rights, which disproportionatesamounts shall�ldrrrespond with the disproportionate damages sustained by the Members, or any one er morF of. them, as theAs,4&fatign may determine. If Members entitled to cast sixty-seven percent k67%) of the votesQgf each class of Members shall decide within sixty (60) days after such taking to not replace such Improvements, or if the taking is confined to Common Area and/or Restricted Common Area on which no Improvements have been constructed, then the Association shall disburse the proceeds of the award in the manner hereinabove provided for the 22 RnT 1f 1n' �1I1�,{F{(I 111� 1}I p�nLbJec0.rClt Ce b,-AIIII ll1,+^Ik Coll 11ILl111111111 ar OeaAP0Pa3.,235o3fo6a NNCC disbursement of the remaining proceeds of an award after payment of all costs incident to replacement of Improvements. 13.8 Disputes. If any dispute arises concerning a provision of this Declaration, such dispute shall be settled by legal proceedings or th yparties may, by mutual agreement, submit the dispute to a committee appointed by the Associationor this purpose, and once submitted, the parties agree to be bound by the decision of that committee.. 13.9 Voting. Voting by Members oflthe Association shall be in accordance with the applicable provisions set forth in the Declaration and the Association's Bylaws. 13.10 Member Addresses. Each Member agrees to keep the Association informed of its address at any time and any notice sent or delivered to that address shall be sufficient. Each new Member agrees to provide the Association with evidence of its ownership for preparation of a membership roster and the roster as so completed shall be sufficient evidence as to the ownership of each Lot or Living Unit. 13.11 Owner Responsibility.3No[withstanding anythtiygR4��a Declaration to the contrary, an Owner shall be responsible for anya`nd all omissioor�s��commissions, ii'dd violations of this Declaration by its employees, agents, subcontractors, tenants, guestDand invitees. When a party to this Declaration consists of more than one Person, such parry's liability hereunder shall bejoint and several. 13.12 _Wfions. The captions and headings which have been used throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part thereof. O 13.13. Number and Gender. Wfi"enever the context of this Declaration requires, the singular shall include the plural and one gendeer all include al]Me • „ �Q ,,Zt 13.14 No Exemption. No Owner or otherparty may exempt itself from the coverage hereof or obligations imposed hereby by non-use of the Common Area and/or Restricted Common Area, or abandonment of such Owners Lot or Living Unit. 13.15 Subdivision Covenants. It is contemplated by Declarant that within the Property there may be a number of separate, distinct residential subdivisions or sections that will be subjected to this Declaration. It is further contemplated by Declarant that, because of varying Lot sizes, marketing considerations and other factors, it maybe necessary'fpr desirable to impose additional and different �rz,._ . covenants, conditions and restrictions n such subdivisions or-siigt�ns,Which are applicable solely to such subdivisions or sections. Accordingly, in additiqu to any other rights reserved to Declarant herein, Declarant further reserves the right to subject such subdivisions and sections to additional and different subdivision restrictive covenants as Declarant, in its discretion, may from time to time determine. This right also includes the right to subject more than one subdivision or section to the same subdivision restrictive covenants. 13,16 Conflict Between Declaration and Articles of Incorporation. Whenever there exists a conflict between the provisions of this Iifeclaration and the Articles or Bylaws, the provisions of this Declaration shall control, and whenever there is a conNics�tetw7rie7ern the provisions of the Articles and Bylaws, the Articles shall control �� �r� ry _ `;�V11 A,4,Z� 13.17 Governing _Law. This Declaration shall be subject to and construed in accordance with the laws of the State of North Carolina and all applicable laws and regulations of the United States of America. 23 mill ���1�II���CIJIf{1{'1111111r B2565 P05 1615 of0�n 13.18 Assignment of Declarant's Rights. Declarant specifically reserves the right, in its sole discretion, at any time and from time to time, to assign (temporarily or permanently) any or all of its rights, privileges and powers under this Declaration or under any amendment thereto. 13.19 Reserved Declarant Rights Declarant reserves the following development rights: (a) to vn-. add real estate to the Property in accordance with Sechon!3�2,`,V1 add Common Area and Restricted Common Area; (c) to recombine LotPwithin the'P,rQperty; (d) priorltoa_t_onveyance of a Lot to an Owner, to withdraw such Lot from the Property, subject [oft approval of any govemmenal authority having jurisdiction over the Property; (e), to create Lot or Living Units; (f) to impose supplemental conditions, restrictions and changes upon newly annexed Property, including, without limitation, changes in Lot and building size restrictions for additional property annexed hereto in accordance with Section 3 2, subject to the approval of any governmental authority having jurisdiction over the Property; and (g) to reallocate Lots or Living Units within the Property.,("� 13.20 Density Limitation. The_ maximum nuinber,of Living Units that can be contained in this cluster unit development shall comply with applicable Towiiipland and/or County of Brunswick zoning regulations.' Pa 13.21. Responsibility and Liability For Private Streets. The Association shall be responsible for the maintenance of all private streets and driveways shown on the recorded plan(s) of the Subdivision. 13.22. Landscaped Traffic Islands. (a) Landscaping of traffic istand(s) withirt�the right(s}of--way of public street(s) shall be the rnn_ sole responsibility of the Association. Neither the Con I M, r(the Slate will be liable for any accidents or damage caused b such encroachment within thegri ht s of-wa 1W, p g y g (} ypu�,lic stree[(s), and the Association shall hold harmless the public.;, (b) The Association shall be responsible for street landscaped islands within the right(s)-cf- way of private street(s). Such street landscaped islands shall remain neat, clean, attractive and safe. Damaged, unsafe or dead plants shall be removed by the Association. and indemnify the County and State from such liability. R 13.23. Maximum Land Area.,SThe maximum/land area which can be contained in this cluster unit development shall not exceed fty"undred twenty two`(522')'acres. dli?i`o�, IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed under seal as of the day of February, 2007. cindy4ceicsrdcdaretiontgragmnpa,kidl-06 MACO ROAD PARTNERS, LLC y: ,L (SEAL) v V' i¢ire+v �C Sandman, Me er-M pager By: 20 (SEAL) J athan J. uxbau , Member -Manager 24 �s UL^VQ5 STATE OF NORTH CAROLINA �s Il8,.. iiI.k Ciit, Nii.t.r of ..d. p.g.D25 not 26 COUNTY OF WAKE I certify that the following to me that he or she signed the fore ROAD PARTNERS, LLC, a North personally appeared before me this day, each acknowledging oment ANDREW K. SANDMAN, Manager of MACO limited IiabiPfy _Nt ,any. `q4h IIzn Ioucrorseaq My Commission Expires: 1119 s STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that the following to me that he or she signed the fore. ROAD PARTNERS, LLC, a North Printed name: 1( „etiI Sf'tOS$ My Commission `Expires: appeared before me this day, each acknowledging JATHAN J. BUXBAUM, Manager of MACO limited liab`I "k ft 0 cindy4 ]a Mccla ion\anywnpre -21 -06 YFj ennn � 2t-- �J s �n�f111B41NUll .���� BY565 P0556:� o� °0�° arWK icM Co.tY. s9+nRnr of OeaAs pees of 38 EXHIBIT A DESCRIPTION OF PROPERTY BEING all of Lot I through 57, inclusive, open space and righgsj-of--way, Grayson Park, Phase Registry , as shown on plat reco� rded innPPla oo&�,�6�'Page(s)6�Q Brunswick County cindyMca1esMedmt\gmysonpvk2-21-06 Pall ozl - (y�y R91,��� r��a LSGS 1 26 C�VT6Z,rrmD a' II I III I I II I I I III I I IIII I II I IIII III I III B4407 P0566 07-29-2020 morons 34. 00 Brunswick County, NC Register of Deeds page I of 5 F-GOVE.. APR 09 202, i 4VV Rev _Int. 5 ace _,,<,�� _T7 Cash G_ BY: _ „1 - -- anr.ns o: dcculnrr,l—et ]fr lllBil:G'e fiUe,O C0.1cl If101, Ir, ' •- ' �' ' .. SF.:A16 '+ClT iljfj G`f OI;cJIOu! 7cN$)4 Gig rCgr0f711ced Or n Oj71Pd. DECLARATION OF SUPPLEMENTAL STORMWATER RESTRICTIONS, RULES AND REGULATIONS FOR GRAYSON PARK SUBDIVISION Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 12 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA BRUNSWICK COUNTY This DECLARATION OF SUPPLEMENTAL STORMWATER RESTRICTIONS, RULES AND REGULATIONS FOR GRAYSON PARK SUBDIVISION (this "Supplemental Declaration") is made as of 2020 (the "Effective Date"), by MACO ROAD PARTNERS, LLC, a North Carolina limited liability company ("Declarant") and GRAYSON PARK OF LELAND HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation (the "Association"). WITNESSETH: WHEREAS, Declarant previously executed that certain Declaration of Covenants, Conditions and Restrictions for Grayson Park Subdivision, recorded in Book 2565, Page 531 in the Brunswick County Registry (as the same has been or may be amended and/or supplemented heretofore and hereafter, the "Declaration"); WHEREAS, the Association is the master homeowners' association for the Grayson Park Subdivision as referenced in the Declaration and governed by the Board of Directors (as defined in the Declaration) of the Association; WHEREAS, Declarant and the Board of Directors of the Association, in accordance with the requirements of the State of North Carolina under the applicable stormwater permits, have been requested to supplement the restrictions, rules and regulations applicable to the Grayson Park Subdivision to the extent required by the terms of such stormwater permits; 223765 µs. ;� tll? K• S i C— ea C� } �� � :� __ '4 (� . T- ti� t. :� 07-29-2020 ���1A1II���11�I�m3PBrendaM.ConsROPIruO����������I����r of Deeds page 2 f5 NOW THEREFORE, in accordance with their rights under the Declaration, including, without limitation, under Sections 8.20 and 8.21 therein, the undersigned do hereby supplement the restrictions, rules and regulations applicable to the Grayson Park Subdivision as follows: 1. Capitalized Terms. Unless otherwise defined herein, capitalized terms shall have the same meaning as set forth in the Declaration. 2. Restrictions, Rules and Regulations regarding Stormwater Control. The following stormwater control restrictions, rules and regulations (collectively, the "Stormwater Rules") shall apply to the Property: (a) The following restrictions, rules and regulations are intended to ensure ongoing compliance with North Carolina State Stormwater Management Permit Number SW8 060238 (as to Phase 1), SW8 191106 (as to Phase 2A & 213—Section 1), and SW8 070706 (as to Phase 213 & 2C), and any subsequently issued permits or modifications. (b) The State of North Carolina is made a beneficiary to the Declaration and this Supplemental Declaration to the extent necessary to maintain compliance with the Stormwater Management Permit. (c) The Stormwater Rules are to run with the land and be binding on all persons and parties claiming under them. (d) The Stormwater Rules may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. (e) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the State of North Carolina, Division of Water Quality. (0 The maximum built -upon area per lot is as follows: Phase 1 Phase Type Lot Numbers BUA 1A Single 1 through 59 3500 SF lB Single Lots 58 through 95 3000 SF 1C, Sections Single Lots 1 through 52 and Lots 87 & 88 3000 SF 1 & 2 1C, Section Single Lots 53 through9806 and Lots 89 & 4000 SF LA/1B Multifamily 60 units 2160 SF Phacp 2 Phase Type Lot Numbers BUA 96 through t 10, l 10A, 1 I 1 through 2A Single 130 130A, 131 through 142, 147 3000 SF 213— Single 148 through 153, 392 through 398 3000 SF 223765 III I II II II I I I II I I I IIII I II I II IIIIII IiI B4401 P0568 m07-29-2020 o4s 6:34.000 Brunswick County, NC Register of Deeds PROF page 3 5 Section I 2B Single 1 throu h l60 4000 SF 2C Single I 1 through 82 4000 SF This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right of way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (g) All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these additional measures. (h) Built -upon area in excess of the permitted amount will require a permit modification. 0) All affected lots shall maintain a 30 foot wide vegetated buffer between all impervious areas and surface 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 (as amended, replaced or modified). 3. Stormwater Rules Control. In the event of any conflict between the Stormwater Rules set forth herein and those contained in the Declaration, the Stormwater Rules set forth herein shall control. 4. Immediate Effect. As of the Effective Date, the Stormwater Rules are in full force and effect and applicable to the Property. [Execution page follows] 223765 II I I I II I II II I III II IIII I II I IIII I III III Brend Pm56s mmo�s 30.?PROF Brunswick County, NC Register of Deeds page 4 of 5 DECLARANT: Maco Road Partners, LLC, a North Carolina limited liability company By: e�_ el< (SEAL) Name: A 6h Title: MA�AtrVZ_ STATE OF NORTH CAROLINA COUNTY OF (County in which acknowledgment taken) 1, Lo-�j'-f C__ Nh - a Notary Public for Wiz County, North Carolina, do hereby certify that �arc�r VG L inArKan. _ of Maco Road Partners, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. hcl �^ WITNESS my hand and official stamp or seal, this 22day of J u 2020. goj__rc__ f r l.� n Sc r) Notary Public My Commission Expires: 11-2-ZZ [Signatures continue on following page] 223765 Deed Restrictions & Protective Covenances Attachment Phase Type Lot Numbers BUA 1A Single 1-59 3500 SF 1B Single 58-95 3000 SF 1C Single 1-52, 87, 88 3000 SF 1C Section 3 Single 53-86, 89, 90 4000 SF lA/113 Multifamily 60 units 2160 SF EA ECEIVE JUL 272V w r. t 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, Andrew Sandman, 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: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060238 as issued by the Division of Water Quality under the Stormwater Management 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 Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is _ 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: 6. The maximum built -upon area per lot, in square feet, is as listed below. Lot # BUA Lot # BUA Lot # BUA Lot # BUA SEE ATACHED 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. ECEUVE OCT 13 20% Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 BY: / P High Density Residential Subdivisions Deed Restrictions & Protective Covenances 6411 I, LaA..Lno- M a Notary Public in the State of ND f-4 k C0-rQ L r\0— , County of Wakc- do hereby certify that Av-cye---`- mares _personally appeared before me this the 1-74-4— day of LaLnaLe r, 20 14 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, ALu..ra- n Signature My Commission expires 11-2-1 SEAL ECEIVE OCT 13 2ot4 BY:_ Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 '� J1ii /'~ ;:�,-A . . l � ,. Deed Restrictions & Protective Covenances Attachment Phase Type Lot Numbers BUA 1A Single 1-59 3500 SF 1B Single 58-95 3000 SF 1C Single 1-90 3000 SF 1A/1B Multifamily 60 units 2160 SF EA ECEIVE OCT 13 2014 BY: In accordance with Title 15 NCAC 2H.1000, the Coastal 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, t��il ill�� b� . SU LI lliriV� . I Z, 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 intended to ensure ongoing compliance with State Stormwater Management Permit Number SWt 0602315 , as issued by the Division of Water Quality under NCAC 2H.1000. 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 Water Quality. 5. Alteration of the drainage as shown on the approv�d I�n pay ng to e lace witho t tic old concurrence of the Division of Water Quality. r - 7 o e 9�� ° Qe✓ 6. The maximum allowable built -upon area per lot is 3,50O squ2releet. 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. 7. 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 notrequiredto provide these additional measures. u Signature: \ I A4 Date: I, MP�, a Notary Public in the State of f)(WT1 (UOU nrk. , County of (1PAJ ,I n n 11EPZ do hereby certify that nCX\V�\,S 4 • 5U L0yQU 1 _12 personally appeared before me this the 7 lS•t- day of A-f'RIL_ , 20 n(, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, t ! SEAL Signature `� npq My Commission expires � b �U� (�� .. � N,E. i1 ,t�pTAj Y •o. AUB OG AUG :). lf3 fin •.f .,. t . 1f a`tl� .. .:' ' Jt �C ;: J �: t ll. M1 �•. .� UI S �� �.� (\ r i 3 �M' �� `i � ! �1 � ..� K av� �' �\ Y is ■ v