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HomeMy WebLinkAboutSW8040740_CURRENT PERMIT_20211229STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 O'AG-Iy0 DOC TYPE �p CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2y21 12 2 q YYYYMMDD ROY COOPER Governor ELIZ.ABETH S. B1SER seaetoy BRIAN WRENN Dtretror December 29, 2021 Francisco Zarate, Manager of JaneDean, LLC, Manager of Zailant, LLC, Manager of Sunset Beach.Holdings, II, LLC 2421 Bowland Parkway, Suite 104 Virginia Beach, VA 23454 NORTH CAROLINA swirmmrartnt QudUy Subject: Permit Renewal Post-Coustraclion Stormwater Management Permit No. SW8 040740 Ocean Club Estates Brunswick County Dear Mr. Zarate: The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on December 20, 2021. The Division is hereby notifying you that permit S W8040740 has been renewed, updated, and re -issued on December 29, 2021, as attached. As requested, a copy of the current operation and maintenance agreement is also enclosed. Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until May 16, 2029 and does not supersede any other agency permit that may be required The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an 4udicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written Qetition 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 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 919431-3000, or visit their website at wwwNCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdem.gov. Sincerely, I�Q l /� W60 Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Designer's Certification Form Attachment C — Permitting History Renewal Application Documents Copy of the current operation and maintenance agreement DES/ams: \\\Stormwater\Permits & Projects\2004\040740 HD\2021 12 permit 040740 cc: Wilmington Regional Office,Stormwater File North Carolina Department of Environmental Quality.I Division of Energy, Mineral and Land Resources Wilmington Regional office 1 127 Cardhrai Drive Extension I wilnengtort North Carolina 28405 '�+r Y 910.7%.7215 Post -Construction Stormwater Management Permit No. SW8 040740 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND POST -CONSTRUCTION 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 Sunset Beach Holdings Il, LLC Riverside Drive Subdivision North Shore Drive at Riverside Drive, Sunset Beach, Brunswick County FOR THE construction, operation and maintenance of five (5) underground infiltration trenches in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until May 16, 2029 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The subdivision is permitted for 68 lots, each allowed a maximum of 2,250 square feet of built -upon area. The five stormwater controls have been designed to handle the runoff from a total of 212.104 square feet of impervious area. Each infiltration trench must be operated with a 50' vegetated filter. The tract and each drainage area will be limited to the amount of built -upon area indicated in Design Standard Condition 1.7 of this permit, and per approved plans. Page 1 of 8 Post -Construction Stormwater Management Permit No. SVVB 040740 5. All stormwater collection and treatment systems must be located in public rights -of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 6. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system. The following design criteria have been provided in the infiltration trenches 1-5 and must be maintained at design condition: Infiltration Trench System #1 #2 #3 #4 #5 a. Drainage Area, acres 2.05 0.32 1.13 3.86 0.87 Onsite, ft' 89,497 13,836 49,184 168,344 20,691 Offsite,ft' None None None None None b. Total Impervious Surfaces, ftz 40,517 11,815 38,065 110,297 11,411 c. Design Storm, inches 1.5 1.5 1.5 1.5 1.5 d. Trench Length, ft: 410 135 1,505 132 e. Trench Width, ft: 13 13 13 13 f. Trench Height, ft: 2 1.67 1.33 1.67 g. Perforated Pipe Diameter, in: 12 12 10 10 12 h.Perforated Pipe Length, ft: 2460 810 4140 12040 792 i. Bottom Elevation, FMSL 2 2 2 2 2 j. Bypass Weir Elev., FMSL 4 3.67 3.33 3.33 3.67 k. Storage Volume, ft3 5,124 1,453 4,616 13,481 1,421 I. Type of Soil Newhan m. Infiltration Rate, in/hr 8.0 8.0 8.0 8.0 8.0 n. SHWT, FMSL 0 0 0 0 0 o. Time to Draw Down, hours 1.24 1.03 1.03 1.21 1.44 p. Receiving Stream/River Basin Jinks Creek / LBR59 q. Stream Index Number 15-25-9 r. Classification of Water Body SA;HQW " Trench #3 consists of 4 sections (3A-3D). Section 3A dimensions (LxWxH) are 139'x8'x1.33'; Section 313 dimensions are 85'x13'x1.33', Section 3C dimensions are 153'x8'x1.33'; and Section 3D dimensions are 250'x13'x1.33'. II. SCHEDULE OF COMPLIANCE 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. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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. 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. Page 2 of 8 Post -Construction Stormwater Management Permit No. SW8 040740 5. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 6. 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. The permittee shall cause the following deed restriction statements to be recorded prior to the sale of any lot such that all of the lots covered by this permit are made subject to the permit requirements: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 040740MOD, as issued by the Division of Energy, Mineral and land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 2,250 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. Any lots within a CAMA-regulated Area of Environmental Concern must count the roof overhang as built -upon area and/or may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. 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 extra measures. i. Built -upon area in excess of the permitted amount will require a permit modification. Page 3 of 8 Post -Construction Stormwater Management Permit No. SW8 040740 8. 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 Perrnittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 9. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions 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 revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter. g. Unencumbered and clear access to the bypass structure must be available at all times. 10. 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. 11. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. Page 4 of 8 Post -Construction Stormwater Management Permit No. SW8 040740 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. Page 5 of 8 Post -Construction Stormwater Management Permit No. SW8 040740 OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit renewed, updated and reissued this the 29th day of December 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 7-, Brian vvrenn, Direr or Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 8 Post -Construction Stormwater Management Permit No. SW8 040740 Riverside Drive Stormwater Permit No. SW8 040740 Brunswick County Attachment A Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications.. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 7 of 8 Post -Construction Stormwater Management Permit No. SW8 040740 Certification Requirements: 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 bypass structure elevations are per the approved plan. 6. The bypass structure is located per the approved plans. 7. A 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. All required design depths are provided. 13. All required parts of the system are provided, including the vegetated filter. 14. The required system dimensions are provided per the approved plans. 15. The system draws down within 5 days. cc: NCDENR-DEMLR Regional Office Brunswick County Building Inspections Page 8 of 8 Attachment C - Permitting History Ocean Club Estates Permit No. SW8 040740 Approval Date' Permit Action BIMS.. Version' 'Descriptiomof the Changes 2/10/2005 Original Approval 10 5/16/2007 Modification 1.1 Modified into a high density permit 9/2/2015 Transfer 1.2 from Tidal Ventures, LLC to Sunset Beach Holdings 11, LLC 12/29/2021 Renewal 2.0 DEMLR USE ONLY Date Received Fee Paid Permit Number -/ - G O G STATE STORMWATER: PERMIT INFORMATION UPDATE APPLICATION FORM There is NO FEE for updating project name or permittee Information. This form is to only to be used by the current permittee to notify the Division of- 1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or PDA); 2) changes to the mailing address, phone number or email address of the current permittee; 3) changes to the name of the project; and 4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS. A. NEW PERMIT INFORMATION State Stormwater Permit Number: Are you updating (check all that apply): If so, please provide the updated information: ® Project. name Ocean Club Estates Subdivision ❑ Corporation Name' ❑ Permit Contact Name 2 ,3 ❑ Permit Contact Title _ ❑ Mailing Address3 ❑ Phone number ❑ Email address Provide documentation such as a Name Change /Merger filed with the NCSOS. Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance with 15A NCAC 02H .1040(1). If more than one point of contact or mailing address is being changed, please attach a separate sheet. B. CERTIFICATION OF PERMITTEE I, Enws,� 7-avrJt the current permittee, hereby notify DEMLR that I am making the changes as listed in Section A above. I further attest that this application for an update to the permit information currently on file is accurate and completenz= �/�/ Signature: Date: I, Ckr,-OA-0�r IJLJS-e a Notary Public for the State of : f County of do hereby certify that �r"C? co Z<�4 personally appeared before me this the day of I v% '- 20� and acknowledge the due execution of the forgoing instrument. Witness my hand and official sefil, (Notary Seal) Notary Signature My commission e ECEIVE AUG 142017 BY: Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017 DEMUR USE ONLY ceived, Fee Paid Permit Number ZateR ' l 3 05 s1t)3 0 �'7 0 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Nu 2. Project name: 3. Project street address: City: 51,U gog07yv County: PRI 4. What, if any, changes have been made to the project as permitted? A40 rt& ZIP: -W-q68 If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at., https:Hdeg.nc.gov/abouUdivisions/enemv- minera I -la nd-resources/en ergv-minera I -la nd-rules/stormwater-pros rarWr)ost-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at. https://deg.nc.gov/abouUdivisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: -Soc) se- t I 13e10c•-4 gout nNs f. Lj.L 2. Signing Official's Name: r Ygr1u 5w Zayrti4-m 3. Signing Official's Title: r a vn A 4. Mailing Address: L 1 City: �r r n ct 5. Street Address: __So ZIP: 219sL/ City: State: -ZIP: 6. Phone: (757) 25v 2e H Z Email: FLavz is <P Fwu4-m I lw • !LE6n V DEC 2 0 2021 BY_ Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQ W/ORVV). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 5� 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 3. One hard co and one electronic co of recorded documents required b the original ermit that .�— PY PY q � YP have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 513 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or 1 do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5� 5. Designer igner Certifications, Please select one: A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certifiication(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). httos://www.sosnc.gov/online services/search/by title/ Business Registration r— . _ UZZ DEC 2 0 2021 BY.•_ Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION Zutrr. , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, corr ct nd complete. Signature: Date: ) 2- 7 /Z1 NOTARIZATION: l that County of a Notary Public for the State of do hereby certify personally appeared before me this the u r day of VC6UrXyAa/ , 20�_, and acknowledge the due execution of the forgoing instrument. Witness my handand official seal, Amber Kay Russell NOTARY PUBLIC (Notary Seal) Commonwealth of Virginia Reg. #7787691 My ommission Expires 11/30/2022 Notary Signature: II My commission expires T Xa� D[u 2 0 2021 By. Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Permit No. Sl/1 D)�D7�i� (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopiedfor use as an original DWO.Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : Riverside Drive Contact Person: Fliwaheth M Nelson, PR Phone Number: ( 910 ) 755-6526 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 1 in Drainage Area 1 (from plans) (from Fonn SWU--101) ][I. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Infiltration Rate SHWT Elevation Trench Design Parameters Design Volume Design Storm Drawdown Time Perforated Pipe Size Perforated Pipe Length No. Observation Wells Stone Type Newhan 8 in/hr or cf/hr/sf (circle appropriate units) fins] (Seasonal High Water Table elevation) 5,124 c.f. 1.5 inch event (1.5 inch event for SA waters, 1 inch event for others) 0.06 days 12 inch diameter �Mrfll�i 0 (may be required on a case -by -case basis) washed stone (if used) Stone Void Ratio 0.4 Trench Elevations (in feet mean sea level) Bottom Elevation Storage/Overflow Elevation fins] fins] Form SWU-107 Rev 3.99 Pagel of4 Trench Dimensions Height Width III. REQUIRED ITEMS CHECKLIST ft. Length ft Volume Provided 410 ft. 5,124 cu.ft. The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met. Is a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided). f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. h. System is not sited on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). m. Drainage area for the device is less than 5 acres. n. A pretreatment device ( filter strip, grassed Swale, sediment trap, etc.) is provided. o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. p. Sides of the infiltration trench are lined with geotextile fabric. q. Rock used is free of fines (washed stone) and has a large void ratio. Form SWU-107 Rev 3.99 Page 2 of 4 r. Side to bottom area ratio is less than 4:1. 44 s. Observation well(s) are provided (case -by -case basis). t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. - u. A benchmark for checking sediment accumulation is provided. IV.. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore depth to original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over - excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken: The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads 6 inches , the accumulated sediment shall be removed from the system. Form SWU-107 Rev 3.99 Page 3 of I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the six 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 and Title: Address: 157 Phone: Signature: 13 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, a Notary Public for pthe State of 0 o ok 2 O 0 I i 11& County of V do her certify that �O�NtiY� f &K— Y\ 0_ JM - personally appeared before me this day of Z,Q (Dr . and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, VICKI MEYERS NOTARY PUBLIC BRUNSWICK COUNTY NC My Commission Expires 11-14-2010 SEAL My commission expires 11h `f o ) 0 Form SWU-107 Rev 3.99 Page 4 of 1 Permit No. S W 8 n q0 7Nn kA O D . (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Contact Person: Fli7aheth M Nelson PF Phone Number( 910 ) 755-6526 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 2 in Drainage Area 2 (from plans) (from Form SWU-101) II. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Newhan Infiltration Rate 8 in/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 0' fins] (Seasonal High Water Table elevation) Trench Design Parameters Design Volume Design Storm Drawdown Time Perforated Pipe Size Perforated Pipe Length No. Observation Wells Stone Type Stone Void Ratio 1,453 c.f. 1.5 inch event (1.5 inch event for SA waters, I inch event for others) 0.05 days 12 inch diameter 910 ft. 0 (may be required on a case -by -case basis) washed stone (if used) Trench Elevations (in feet mean sea level) Bottom Elevation 2 Storage/Overflow Elevation 3.67 finsl fmsl Form SWU-107 Rev 3.99 Page 1 of Trench Dimensions Height 1.67 ft. Length 135 ft. Width 13 ft Volume Provided 1,453 cu.ft. III. 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, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided). — f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). g: Soils have a minimum hydraulic conductivity of 0.52 inches per hour. h. System is not sited on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). m. Drainage area for the device is less than 5 acres. n. A pretreatment device ( filter strip, grassed Swale, sediment trap, etc.) is provided. A o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches: p. Sides of the infiltration trench are lined with geotextile fabric. � q. Rock used is free of fines (washed stone) and has a large void ratio. Form SWU-107 Rev 3.99 Page 2 of 4 r. Side to bottom area ratio is less than 4:1. A14- s. Observation well(s) are provided (case -by -case basis). t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. u. A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth.. Restore depth to original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over - excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads 5 inches , the accumulated sediment shall be removed from the system. Form SWU-107 Rev 3.99 Page 3 of I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the six 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 and Title: t , :,;. ' au ' a Address: Phone: _ Signature: Date: GY//1 /o ?L- Note: The legally resioddsible 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. \ f K Meal ens � a Notary Public for the State of N Ot'`Yh QA-'rol1 m ,County of �C11�f�5u� i LC�do hereby certify that '—�,00W-Mu personally appeared before me this day of n4tel I (DO 7 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, J _ VICKI MEYERS NOTARY PUBLIC BRUNSWICK COUNTY NC My Commission Expires 11-14-2010 SEAL C My commission expires l t.11 L4L?,O 1 Form SWU-107 Rev 3.99 Page 4 of 4 Permit No. S lil 7) 04 O'74 dV 0D (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : Riverside Drive Contact Person: FH7aheth M Nelcon_ PF Phone Number:( 910 ) 755-6526 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 3 (3A-3D) in Drainage Area 3 .(from plans) (from Form SWU-101) II. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Infiltration Rate SHWT Elevation Trench Design Parameters Design Volume Design Storm Newhan in/hr or cf/hr/sf (circle appropriate units) finsl (Seasonal High Water Table elevation) 4,616 c.f. 1.5 inch event (1.5 inch event for SA waters, I inch event for others) Drawdown Time 0.04 days Perforated Pipe Size 10 inch diameter Perforated Pipe Length 4,140 ft. No. Observation Wells 0 (may be required on a case -by -case basis) Stone Type washed stone (if used) Stone Void Ratio 0.4 Trench Elevations (in feet mean sea level) Bottom Elevation 2 finsl Storage/Overflow Elevation 3.33 finsl Form SWU-107 Rev 3.99 Pagel of4 Trench Dimensions Height Width 133 ft. 313, 3D - 13 ft III. REQUIRED ITEMS CHECKLIST Length Volume Provided 3A — 139 ft, 3B — 85 ft 3C —153 ft. 313— 250 ft 4,616 cu.ft. The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met. Applicants Initials a. b. r:n12— d. e. 9. In. System is located 50 feet from class SA waters and 30 feet from other surface waters. System is located at least 100 feet from water supply wells. Bottom of system is at least 2 feet above the seasonal high water table. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided). System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). Soils have a minimum hydraulic conductivity of 0.52 inches per hour. System is not sited on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. 1. . System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). (� m. Drainage area for the device is less than 5 acres. — n. A pretreatment device ( filter strip, grassed Swale, sediment trap, etc.) is provided. Form SWU-107 Rev 3.99 Page 2 of 4 o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. p. Sides of the infiltration trench are lined with geotextile fabric. q. Rock used is free of fines (washed stone) and has a large void ratio. r. Side to bottom area ratio is less than 4:1. s. Observation well(s) are provided (case -by -case basis). t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. u. A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore depth to original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over - excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads 4 inches , the accumulated sediment.shall be removed from the system. Form SWU-107 Rev 3.99 Page 3 of 4 I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater ,collection system in accordance with the six 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 and Title: Address: Phone: ` Signature: Date: OH f II o? Note: The legally, responsible parry should.not be a homeowners association unless more than 50% ofthe lots have been sold and a resident ofthe subdivision has been named the president. I, Q a Notary Public for the State of N Df4rk. Q A rn I l 0& County of i U do lieby certify that personally appeared before me this 1� day of Ad;lc t � 7—nnrl and aclmowle ge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, ACKI MEYERS NOTARY PUBLIC BRUNSWICK COUNTY INC My Commission Expires 11-14-2010 SEAL My commission expires ltA411w) o Form SWU-107 Rev 3.99 Page 4 of 4 I PennitNo. t C24074t iMb (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Manaizement Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : Riverside Drive 1 1 �1R 1 1 =77171 11 N \" 1 1 1 1 1 11 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 4 in Drainage Area 4 (from plans) (from Form SWU-101) II. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Infiltration Rate SHWT Elevation Trench Design Parameters Design Volume Design Storm Drawdown Time Perforated Pipe Size Perforated Pipe Length No. Observation Wells Stone Type Newhan in/hr or cf/hr/sf (circle appropriate units) 01 finsl (Seasonal High Water Table elevation) 13,481 c.f. 1.5 inch event (1.5 inch event for SA waters, I inch event for others) 0.04 days 10 inch diameter 12 040 ft. (may be required on a case -by -case basis) washed stone (if used) Stone Void Ratio 0.4 Trench Elevations (in feet mean sea level) Bottom Elevation Storage/Overflow Elevation finsl finsl Form SWU-107 Rev 3.99 Page 1 of Tredch Dimensions Height 133 ft. Length 1,505 ft. Width 13 ft Volume Provided 13,481 cu.ft. III. 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, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met. Applicants Initials �r a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from watersupply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided). f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration ��D through the bottom only (a hydrogeologic evaluation may be required). TLg. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. h. System is not sited on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). m. Drainage area for the device is less than 5 acres. n. A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided. Nth o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. — p. Sides of the infiltration trench are lined with geotextile fabric. eq. Rock used is free of fines (washed stone) and has a large void ratio. Form SWU-107 Rev 3.99 Page 2 of 4 r. Side to bottom area ratio is less than 4:1. AAA s. Observation well(s) are provided (case -by -case basis). 6 t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. — u. A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore depth to original design depth without over -excavating. Over -excavating may' cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a I inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over - excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads 4 inches , the accumulated sediment shall be removed from the system. Form SWU-107 Rev 3.99 Page 3 of 4 I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the six 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 and Title: Address: Phone: Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident ofthe subdivision has been named the president. I, `a Notary Public for the State of NOVYIn l' M Il V\Q. County of V kMEv i r 1L . do he by certify that J ersonally appeared before me this 1!� day of JNT�CA. 20 O � • and aclmowl dge the due execution of the forgoing infiltration basin maintenance requirements. Witness my, hand and official seal, VICKI MEYERS NOTARY PUBLIC BRUNSWICK COUNTY NC My Commission Expires 11-14-2010 SEAL My commission expires � i/ Z©f O Form SWU-107 Rev 3.99 Page 4 of 4 'i Permit No. c t Ao 4o-Ao bD (to be provided by DWQJ State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : Riverside Drive Contact Person: F1imheth M Nelan ; PR Phone Number:( 910 ) 755-6526 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 5 in Drainage Area 5 (from plans) (from Form SWU-101) II. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Infiltration Rate SHWT Elevation Trench Design Parameters Design Volume Design Storm Drawdown Time Perforated Pipe Size Perforated Pipe Length No. Observation Wells Stone Type Stone Void Ratio Newhan in/hr or cf/hr/sf (circle appropriate units) 0' finsl (Seasonal High Water Table elevation) 1,421 c.f. 1.5 inch event (1.5 inch event for SA waters, I inch event for others) 0.05 days inch diameter (may be required on a case -by -case, basis) washed stone (if used) Trench Elevations (in feet mean sea level) Bottom Elevation 2 Storage/Overflow Elevation 3.67 finsl fmsl Form SWU-107 Rev 3.99 Pagel of4 TrencS-Dimensions Height 1.67 ft. Length 132 ft. Width 13 ft Volume Provided 1,421 cu.ft. III. 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, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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. Attach justification if a requirement has not been met. Applicants Initials 61 �) a. 0 System is located 50 feet from class SA waters and 30 feet from other surface waters. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail provided). f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. h. System is not sited on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). m. Drainage area for the device is less than 5 acres. n. A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided. P o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. — p. Sides of the infiltration trench are lined with geotextile fabric. —� q. Rock used is free of fines (washed stone) and has a large void ratio. Form SWU-107 Rev 3.99 Page 2 of 4 y r. Side to bottom area ratio is less than 4:1. ,A/A s. Observation well(s) are provided (case -by -case basis). �j — t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. u. ' A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore depth to original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over - excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e.. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads 5 inches , the accumulated sediment shall be removed from the system. Form SWU-107 Rev 3.99 Page 3 of I acknowledge and agree by my signature below that I am responsible for maintaining the storniwater collection system in accordance with the six 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 and Title: Address: Phone: ` Signature: Note: The legally responsibrparty should not be a homeowners association unless more than 50% ojthe lots have been sold and a resident ojthe subdivision has been named the president. `c. n V //�� b a Notary Public for the State of NOr�A Q"O t l N0. County of � � � � do he y certify that t 0.VNNM/ &T- NkWI, personally appeared before me this i � • — day of A:�)r 1 1 2-l-i0" . and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, VICKI MEYERS NOTARY PUBLIC BRUNSWICK COUNTY NC MY Canmisslon Exp'ves 11.14-2070 SEAL My commission expires k t Form SWU-107 Rev 3.99 Page 4 of 4 Permit No State of North Carolina S(uS G¢U-�¢U (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FO�1_. LOW DENSITY SUPPLEMENT FEB 0 3 2005 This form may be photocopied for use as an origin! BY: A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION Project Name: Contact Person: Samuel Vamam Phone Number: (910) 443-4245 Number of Lots: 1 Allowable Built Upon Area Per Lot*: 73,989.3 SF *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SWU-104 Rev 3.99 Pagel of 2 Calculation: (SA x DF) - RA — OA = BUA No. Lots Lot (459,414.7 x 0.25) — 40,864.4 = 73,989.3 SF 1 Lot shown implies a BUA that can be allocated and divided between proposed lots in the III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applicants 'tials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of �/� platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [ISA NCAC 2H .I007(2)(b)] Form SWU-104 Rev 3.99 Page 2 of 2 State Stormwa 3nagement Systems Perm., ,go. SW8 040740MOD Riverside Drive Stormwater Permit No. SW8 040740MOD Brunswick County Designer's Certification I,�w✓.�&�r»+.•+�PE as a duly registered Gil9lseN^ in the State of North Carolina, having been authorized to observe (periodically/ weekly/, full time) the construction of the project, V (Project) for �ob/�.s�ivties, LLC (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 included in the Certification. Noted deviations from approved plans and specification:�iC��� OCT 0 2 2015 ti BY: �- SEAL Signature �`1�µPR1111111111ppnl/', Registration Number /6>z9 '.�N CAR '•• pQ:••Fessi •• !f Date 7Z/S�r o 0, '4 SEAL 7'� 16729 .,.:_e. go..,. Page 7 of 8 State Storr sr Management Systems At No. SW8 040740MOb Certification Requirements: 2-1. The drainage area to the system contains approximately the permitted acreage. 02. The drainage area to the system contains no more than the permitted amount of built -upon area. 49-3. All the built -upon area associated with the project is graded such that the runoff drains to the system. A114 4. All roof drains are located such that the runoff is directed into the system.. W 5. The bypass structure elevations are per the approved plan. uE7 6. The bypass structure islocatedper the approved plans. 7. A 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 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. All required design depths are provided. 0-13. All required parts of the system are provided. 014. The required system dimensions are provided per the approved plans. cc: NCCDENR-bWQ Regional Office '1Brunsvvickikynty Building Inspections Page 8 of 8 BOOK:3942 PAGE:500 a '1P121 ,'r n.uA+n. Cl.ns�euu.4nunlia lawq PMNo.10-dl rMeloU MAIL AFTER RECORDING TO: 1111S INSTRUMENT WAS PREPARED BY: STATE OF NORTH CAROLINA COUNTV OF'BRUNSWICK 1. Scott Flowcrs P.O. Box 2505 Faycueville. NC 28302 J. Scott Flowers Hutchens Law Firm (:; E I F— AUG 14 2017 AMENDMENT TO THE COVENANTS, RESERVATIONS AND RESTRICTIONS OF OCEAN CLUB ESTATES SUBDIVISION THIS AMENDMENT TO THE COVENANTS. RESERVATIONS AND RESTRICTIONS OF OCEAN CLUB ESTATES SUBDIVISION, is madeandentered into this 1"' day of August. 2017. by Sunset Beach Holdings II, LLC, a South Carolina limited liability company and Jane Dean. LLC an Alaska Limited liability Company (hereinafter referred to collectively. "Declarants') for the purpose Of amending the Covenants, Resenations and Restrictions of Ocean Club Estates Subdi, ision recorded in Book 3775. Page 861 of the Brunswick Count Rcgisuy (the "Covenants'). WITNESSETH WHEREAS. Declarants olvn lots within Occan Club Estau)s'Subdivision and, pursuant to the terms of the Cotenants. hue the authority to amend the Cotcnants: and. WHEREAS. Declarants desire to amend the Covenants in order to comply with the [earls of the State Slormwater management Permit No. SWS U407411 issued to Declarants for the Ocean Club Estates Subdivision. NOW. THEREFORE. Declarants hereby amend the Covenants and dcclarc that the propcny described [heroin shall be held, sold, contcyed. Soren. transferred. leased. occupied, and,uwd subject to the Covenants and [his Amendment as follows. The following Article )(V shall be added to the Covenants: ARTICLE \V Compliance with State Stormwater Management Permit No. SW8040740MOD The following. cotenants are intended to ensure ongoing compliance with State Stormwater Management. Permit Number SW8 040740MOD. as issued by the Division of Encryw�. Mineral and Land Resources under NCAC ZHAOW. The Slate of North Carolina is made a benefteian' of these cotenants to the extent necessary to maintain compliance with the Slormwater.Management Pcrmit. Thew covenants arc to ran with the land and be binding on all persons and.parlics claiming under them, The Covenants penniuing to stormwatcr may not he aliercd ur rescinded without the cypress written consent of the Ditision. Submitted electronically by Hutchens Law Firm in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. II I II'II II II I II I BOOK:3942 PAGE:501 1Z.11't°r'r'it' ` 18:lu &md+A6(lenmwn,epni+nld. Cnwip Pry(+Id nl Ueed+ ha 20+ I. Alteration of the drainage as shuwn on the approved plans may not take place without the concurrence of the Division. The maximum built -upon area per lot is 2.250:square feet. This allotted amount includes any built -upon area concocted within the lot property boundaries. and that portion of the right-of-way between the front tot 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 pooh. 2. Am lots within a CAMA-regulated Area of Environmental Concern must count tho roof overhand as built -upon area due to CAMA rcgulatiwts. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain guucrs which drain to the street. grading the lot to drain toward the street. or grading perimeter swalcs and dincling them into the pond or street Lots that will naturally drain into the sysh:m are not required to provide these extra measures. 3. Built -upon area in excess of the permitted amount will require a pc mit modification. All otherterms of the Covcmams shall remain in full force and effect. IN WITNESS WHEREOF. Declarants and Lender excoute this Amvmdmcut to the Covenants. Rvncn,adons and Restrictions of Occan Club Estates Subdivision this the ]_ day of AugusL 2017. ISignatures on following pages( II I I I II I I I III II' BOOK:3942 PAGE:502 U6 obr; t a.,)._ IOU &Hula ALllam�m�r. B:wmUd Uiwitt Mrolan nl MrAr PM, l.N SUNSET BEACH HOLDINCS 11. LLC By: Fracisco Zarate. Manager STATE OF COUNTY OF Vi 15. The undersigned, a Notary Public in and fw said eounh and stoic, does hereby "nih. that Francisco Zarate personally appeared before me this day and'acknowlcdgc the due csecution of the foregoingdocument in his capacity as Manager of Sunset Beach Holdings. IL LLC. I have personal knowledge of the identity of the principal OR I have been provided sausfacton• evidence of the idenbhof the pnncipal by proof of a driver's license. W itness my hand and notarial seal, this the _2�t day of _ A __,, `� 2017, MC:,htS,tNy:onosmof'ravs qH.owt e cwc xr --- �Nol�an.tci�d Onavm Public nne' (SE I signmure My Commission expires:3o12u__,____, aaw ubf Jill 1 111111 11 11 1 1 BOOK:3942 PAGE:503 Bt..9,3,IJ >+ e i d alul MOMa N. (bpn,an. Bupmld fown. Y.ryN.ei ut neM, JANE DEAN, LLC FA By: Fra cisco Zarate, Manager STATE OFq__�.a. . COUNTY The undersigned, a Notary Publicin and for said county and state, does hereby certify that Francisco Zarate pcnonallc appeared before me this dap and acknowledge We due cu;cuuon aC the foregoing document in his capacity. as Manager of Janc Dcan, LLC. I have personal knowledge of the identity ofthe principal OR 1 have been provided satisfactory evidence ofthe identity of the principal b% proof of a dri%cr•s license. r� W imccs my hand and notarial seal, this the dap of Ajyu t .. 2017. C stephor Thomas Houn tiv+mceweaa�al ""a'w.ac Nolan• printed rinmtl d name .':CTrtvss en yc Jag, t '•�,irmBsm Ewes W�W (SEALI My Commission cspires: otary P, lic'signalurc ' 4 III I III II I I II' II I II II II BOOK:3775 PAGE:861 12:5,i5.000 Page 1 of 14 Brenda M. Clenmsons. Brunswick County Register of Deeds E NORTH CAROLINA Submitted electronically by Hugh Franklin in compliance with North BRUNSWICK COUNTY Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds COVENANTS, RESERVATIONS AND RESTRICTIONS Of Ocean Club Estates Subdivision This Declaration of Covenants, Reservations and Restrictions ("the Declaration") made this the 31 at day of May 2016, by Sunset Beach Holdings II, LLC a South Carolina limited liability company and Jane Dean, LLC. an Alaska limited liability company, ( hereinafter collectively "Declarant"); and Big Pine Holdings, LLC, a North Carolina limited liability company, hereinafter called "Lender" WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration. Lender is the holder of that certain note secured by a Deed of Trust on the property described in Article I, (with the exception of lots 27-34), and is joining in the execution of this instrument solely for the purpose of consenting to the imposition of this Declaration upon all of the lots contained within the property described in Article 1. WHEREAS, in order to provide a comprehensive document relevant to the establishment of anaesthetically pleasing development, and for the benefit of the Declarant, and in anticipation that the Declarant will in due course turn over all Declarant rights to the Ocean Club Estates Property Owners Association, Inc. the undersigned Declarant, with the consent of the Lender, by this instrument declares that from the date this Declaration is recorded in the office of the Register of Deeds of Brunswick County, the property described in Article I shall be held, conveyed, acquired and encumbered subject to the terms and provisions hereof, all of which shall run with the real estate and bind and inure to the benefit of all current owners and perspective purchasers and parties who have or may acquire any right, title, estate or interest in or to any of such real estate or who have or may acquire any right or occupancy of or interest upon any portion thereof, all subject to the right of the Association or the Declarant to amend this Declaration according to its terms. ARTICLE I Ocean Club Estates Subdivision The real property ( the "Property") which is and shall be, held, transferred, sold and conveyed subject to this Declaration is located in Brunswick County, North Carolina, is known as Ocean Club Estates Subdivision and is more particularly described as follows: Located in Brunswick County, North Carolina, and being all of the property conveyed by deed July 2014 and recorded in Deed Book 3544 at Page 353 of the Brunswick County Registry. The Property also includes a permanent and exclusive easement granted in favor of the Ocean Club Estates Property F 1 AUG 9 y 2017 M. I II I IIII II II III II I II I BOOK:3775 PAGE:862 12:53 .000 Page 2 0 14 Brenda M. Clemmous. Brunswick County Reg Me, of Deeds E Association, Inc. for use, maintenance and enjoyment of that certain area consisting of two islands which are accessed by a Boardwalk, and which are generally shown as Block 40-F on Plat recorded in Plat Book H at page 358 of the Brunswick County Registry. The Property is sometimes referred to herein as the"Subdivision' or "Development" Each individual numbered lot as shown on the above described plat, or on any amended plat of the Property is referred to herein as a "Lot." ARTICLE 11 Definitions I. "Association' or "Property Owners Association' means the Ocean Club Estates Property Owners Association Inc, a Non -Profit Corporation organized under the laws of the State of North Carolina. The membership of the Association shall consist exclusively of all the lot owners and the Declarant. 2. "Declarant' is Sunset Beach Holdings 11, LLC, a North Carolina limited liability company, their successors and assigns as to Lots 35 through 94, and Jane Dean, LLC, an Alaska limited liability company, their successors and assigns as to Lots 27-34. All special declarant rights as herein defined may be transferred only by written instrument recorded in Brunswick County, North Carolina, executed by transferor, or by other means in accordance with the North Carolina Planned Communities Act. 3. "Common Area" or "Common Element' means any real estate within Ocean Club Estates Subdivision, other than a lot, owned by the Association either by fee title or by ownership of a permanent easement. Common Area specifically includes rights of way held for, and roadways constructed for the general use of lot owners, and any associated parking areas or other areas intended for the common use of all the lot owners. During the period of Declarant control, the Declarant shall retain the exclusive right and power to modify, decrease or add to the Common Areas or Common Elements so long as access to any previously conveyed lot is not impaired, access to the Common Areas is substantially unchanged, and so long as the rights of lot owners to enjoy their own lots are not materially affected by such change. 4. "Common Expense" means expenditures made by or financial liabilities of the association, together with any allocations to reserves. 5. "Common Expense Liability" means the liability for common expenses allocated to each lot as permitted by this declaration, by the Act, or otherwise by law. 6. "Lot' means an individually numbered lot shown on recorded plats . 7. "Lot Owner" means the Declarant or other person who owns a lot, but does not include a person having an interest in a lot solely as security for an obligation. 8. "Planned Communities Act' or the "Act' means the N.C. Planned Communities Act, codified as N.C.G.S. Chapter 47•F This Declaration incorporates the same by reference, and the same shall apply to the extent not inconsistent with this Declaration. In the case of any inconsistency this Declaration shall control. 9. "Special Declarant Rights" means rights reserved for the benefit of the Declarant including, without limitation, the right (i) to complete improvements indicated on plats or referenced in disclosures; (ii) to exercise any development right; (iii) to maintain sales offices, management offices, signs advertising the planned community, and models; (iv) to use easements through the common elements or.across lots as designated on recorded plats for the purpose of making improvements within the planned community or within real estate which may be added to the planned community; (v) to appoint or remove any officer or executive board member of the Association, or (vi) to amend the subdivision plat or this Declaration during the period of Declarant control. ARTICLE III Owners Easement of Enjoyment Every owner of any lot shall have as an appurtenance to such lot or lots, a right and easement of enjoyment in and to the common areas, including roadways, easements and rights appurtenant to the Property described in Article 1, which shall be appurtenant to: and shall pass, with the title to every lot, subject to the following reservations: 1. Easements, restrictions, reservations and rights of way as may actually exist, including but not limited to utility easements, setbacks, restrictions and subdivision roadways, shown on the subdivision plats or set out in this Declaration. 2 11I I II II ' III II I II III I I I I II II 1100K:3775 PAGE:863 12:S3 5°ooe Page 3 of 14 Brenda M. Oemmons. Brunswick County Register of Deeds E 2. Rights reserved herein to the Property Owners Association, including but not limited to the following: a) The right to impose reasonable regulations on the use and enjoyment of the lots and of the common areas, b) The right to suspend an owner's voting rights or Tights to use the common areas, for non-payment of any assessment or for infraction of the published rules and regulations of the Association. Owners shall have rights to review and appeal such actions by the Association in accordance with the provisions of the Act and as otherwise allowed by law. c) In order to insure uniform, attractive and consistent maintenance of bulkheads, the Association shall have the exclusive right and easement to maintain the bulkheads that constitute the boundary of all the lots, together with the bulkheads that lie north or Riverside Drive. Such exclusive maintenance easement shall also apply to the strip of land that lies north of Riverside Drive. d) All those portions of Lots 45, 46, 47 and 48 lying north of the southern margin of the private street, and within the area enclosed by the existing bulkheads shall be subject to a permanent and exclusive easement in favor of the Ocean Club Estates Property Owners Association, Inc. for use as a common area. The Association shall have the right to improve and maintain the area for common use for parking, or for such other recreational purposes as may be from time to time authorized by the members. 3. Rights reserved to the Declarant as set forth herein. 4. No portion of any of the subdivision, including any lot or common area, shall be used as a road right of way or easement for the purpose of connecting or accessing any adjoining property which is not part of the subdivision, without the express written consent of Declarant or the Association, which must be recorded in the Office of the Register of Deeds for Brunswick County, North Carolina. 5. The Association and the County of Brunswick shall have those easements for access, maintenance, installation and repair of utilities, including drainage facilities, as shown on Plat recorded in Plat Book 90 at Page 87-88. 6. There are 10 foot drainage easements in favor of the Association along every other lot line and centered on the side lot lines as shown on Plat Book 90 at Page 81-84.. 7. The rights of the Association, or other organization having jurisdiction, to reasonably regulate the use and maintenance of permitted dock facilities constructed on any lot. 8. The developer reserves the right to re -plat and re -divide any lots or to change portions of the roadways as necessary and appropriate to provide access to all lots and to provide the most advantageous use of each lot. This right includes the right to eliminate and convey any cul-de-sac or to provide additional roadways either as part of the common area, or as private drives for the use of specified lots. 9. The developer reserves the right to modify any common area shown on the plat and to convey some portion of the same to private use, or to add additional common areas which shall be maintained by the Association. 10. Per Division of Water Quality Storm Water Permit No SW8040740MOD, each lot is permitted for a specified maximum area of built -upon area as shown on such permit and on Plat Book 90 at Page 81 of the Brunswick County Registry . There is a 30 foot C.A.M.A buffer measured from the mean high water line on each lot that governs placement of impervious surfaces on each lot. This buffer width may be reduced if applicable per Coastal Resources Commission Rule 7H.0209(d)(10)(L). CAMA setbacks shall be determined on an individual basis at the time development is proposed. The town of Sunset Beach has granted variances to each lot defining the front, side and rear setback lines, and the buildable area of each lot. 11. Proposed docks onto Jinks Creek Feeder Canal are subject to an established pier head alignment governed by the Town of Sunset Beach. 12. Assumption of Risk. Property Owners as well as family members and guests of Property Owners hereby in consideration for the use and enjoyment of any common amenity, assume all risk associated with the use of all Common Areas and amenities of the Development, including the boardwalk, the islands maintained in their natural state, the kayak dock facilities, any facilities added to increase or improve enjoyment thereof, or any of the bulkheads maintained, or intended to be maintained by the Association. Owners hereby indemnify and hold the Association, its officers, agents and members, harmless against all claims and causes of action arising out of injuries to persons or to property occurring in the use of the Common Areas and amenities. The Association reserves the right to require any person to sign a Liability Waiver and Release as a condition precedent to the use of the Common Areas for recreation. III I I I I I I I I I I I I I I BOOK:3775 PAGE:864 �2:5;15°ooe Page 4 of 14 Brenda M. Clemmons. Brun.kk County Register of Deeds E 13. Rules and Regulations. The Association may promulgate additional rules and regulations governing the use of land within the Development. All such rules and regulations shall be published to each Owner in a manner calculated to provide reasonable notice. ARTICLE IV Protective Covenants I . No Lot shall be used except for residential and recreational purposes. The lots, and all development thereon are subject to, in addition to this Declaration, the Ordinances of the Town of Sunset Beach. It shall be a requirement of this Declaration that notwithstanding any provision contained herein, all development or improvement of any lot be performed in accordance with all local ordinances. 2. No lot shall be subdivided. With specific written approval from the Declarant or the Association, any two or more contiguous lots may however be combined. A re -combination survey shall be submitted to the Association for approval, and approved according to the standards set out in this section. Upon approval, all setback lines and other use restrictions shall apply separately to the resulting lot as if the same had been an original lot. The resulting lot shall incur only one Association assessment and shall have only one individual membership right in the Association. Provided however, whenever two or more lots shall be so combined, the owner thereof shall pay an increased amount of annual assessments amounting to $31.19 per month for each lot combined, so that the payments made by the Association for the use of the boardwalk common area shall not be decreased on account of such combination. 3. No swine, livestock or poultry shall be raised or bred on any lot; however household pets such as cats or dogs, are permissible provided they are not bred or maintained for commercial purposes and are not allowed to constitute a nuisance to Lot Owners. 4. Neither the roadways in Ocean Club Estates Subdivision nor any lot or any part of the common area shall be used for recreational ATV or off road motorcycle riding. It is permissible however to ride golf carts or ATV's on the roadways as a means of convenient transportation to and from the common area so long as the same have sufficient mufflers to contain excess noise, and they are operated at low speeds and in a responsible manner. 5. Each Lot owner shall maintain any improvements placed upon any Lot including areas grassed or sodded, and no unsightly or dilapidated buildings or other structures shall be permitted on any Lot. No parking or storing of any junked, inoperable or unlicensed automobiles; trucks or heavy equipment is permitted on any Lot or road in the Development. 6. No residence shall be erected, constructed, maintained, used or permitted to remain on any Lot other than one single-family dwelling. Any residence must be approved by the Architectural Control Committee (hereinafter "ACC") and follow the guidelines set forth in this declaration and as promulgated by the Town of Sunset Beach. Once construction has begun on said dwelling,all exterior construction must be completed within one (1) year of the commencement of construction. 7. No more than one outbuilding may be constructed on any Lot. Said outbuilding shall be used only for the purposes of housing boats, cars, RVs or lawn and garden equipment. Said building must be constructed in a workman -like manner and may not be constructed more than one year prior to construction of the main residence. This building must be enclosed on at least three sides and the top with some sort of door, which would thus close in all four sides of the building, and must be approved by the ACC. 0 �I IIIII II IIIIIII II III IIIII I'II BOOK:3775 PAGE:865 12::53,s°aoe 'ape s of 14 BrenAa M. Clennnous. Brunswick Comity aegister of DeeAs E 8. Pools. No above ground pools or inflatable bubble covers will be allowed. Pools, if permitted, and enclosures should relate architecturally to the home and other structures in their materials and detailing. Parkin . No on -street vehicular parking shall be permitted except in accordance with express authority or reasonable standards, which may be established by the Association. Each Owner shall provide off-street parking space for at least two (2) vehicles prior to the occupancy of any Residential Unit constructed on any Lot. All boats, motorcycles, trailers, travel trailers, campers, or other recreational vehicles parked on any Lot shall be parked off street, and no such trailer, camper, travel trailer, motor home, or boat shall be allowed to remain on any lot for a period of more than 5 days. Non -operating vehicles, equipment, unused objects or apparatus shall not be permitted to remain on any Lot. 10. Any grading or other land use which creates erosion runoff into streams or other Lots is prohibited, including any such activity in conjunction with construction of any improvement. Any grading performed in violation of any county, state or federal ordinance, statute or regulation shall be deemed to be a noxious or offensive activity and may result in fines by the Association or by the ACC, or in a civil action to enjoin such activity. 11. Any land disturbing activity shall comply with the rules of the North Carolina Division of Environmental Protection, and as set forth in the North Carolina Administrative Code, and with the Stormwater Permit referenced hereinabove. Any such activity may also be subject to ordinances of Brunswick County or the Town of Sunset Beach which protect the area from excessive erosion, groundwater depredation, and ground instability. In the case of any conflict between these restrictions and such State or Local Law, the more restrictive provisions shall apply. 12. Any improvement to any lot, including the construction of any home, must be approved by the ACC before any site work has been started. No single -wide or double -wide mobile homes/manufactured homes, modular buildings, previously constructed homes, buses or systems built homes shall be placed on or shall be allowed to remain on any lot within Ocean Club Estates Subdivision 13. No well for the production of, or from which there may be produced, oil, gas or minerals shall be dug or operated upon any Lot not owned by Declarant, nor shall any machinery, appliance or structure ever be placed, operated or maintained thereon in connection therewith, nor shall there be any subsurface mining or drilling activity thereon; provided further that the prohibition against drilling activity shall not include any drilling or excavation activity associated with the installation of utilities and communication facilities and any activities associated with soil testing, construction of building foundations or master drainage control. 14. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any Lot unless it is an integral and harmonious part of the architectural design of a structure, and has been approved in advance by the Architectural Control Committee. 15. All clotheslines, garbage cans, above -ground tanks, woodpiles, and other similar items shall be located or screened so as to be concealed from view of the other Lots, streets and areas in the Development outside the Lot on which such items are located. Each Lot owner shall provide closed sanitary receptacles for garbage and all rubbish, trash, and garbage.shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Furthermore, no bedding or clothing of any type, nor any towels, clothes or other items of wearing or cleaning apparel, or any mops, brushes, brooms or other types of cleaning apparatus shall be hung or placed outside of any structure located on any Lot in the Development in such a manner as to be visible from any street, or other Lot or area located in the Development. 16, After any improvements are made to any lot, the owner shall keep and maintain such lot in a neat and well - maintained condition, free of unsightly undergrowth, brush piles, felled trees and the like, and shall keep yards and other open areas of the lot neatly trimmed and either mowed or landscaped. II II II I III II II I BOOK:3775 PAGE:866 12:5;;5°ooe Page 6 of 14 are,da M. Ckinmous. 81..'W k County R.,W., of Deeds E 17. No Lot or Lots within the Development shall be used for the establishment of a hunt club and no property within the Development shall be used for the purpose of hunting. Hunting is not allowed at anytime or on any part of the subdivision, and no firearm shall be discharged within the Development. 18. No trade, commerce or other activity which may be considered a nuisance to the neighborhood may be carried on upon any Lot. It is permissible to operate a home -based business, provided that deliveries to the home do not exceed two (2) UPS, Federal Express or similar express carrier per day. No trade materials or inventories may be stored upon any Lot and no tractor trailer type trucks, house trailers or mobile homes may be stored or regularly parked on any Lot. No junk or unsightly vehicles of any type or description or unsightly buildings may be placed upon any Lot. Home -based businesses shall be allowed to store small inventories within the residence or enclosed outbuilding situated on the Lot. No advertisements or signage of any kind will be permitted on any Lot for home -based businesses. 19, The Declarant reserves the right to erect any signs in Ocean Club Estates Subdivision. Signs may be erected by individual Lot owners but must meet the following criteria and must be approved by the ACC: • Signs must be neat, clean and made of metal or wood material only. • Signs must measure one (1) foot by one (1) foot in size. • Signs must be of tan or beige color for the background of the sign with the border of the sign in black. • Lettering for the sign must be black in color and said lettering must be professional in appearance. • Signs must be mounted on a four (4) inch by four (4) inch pressure treated timber. Sign cannot be mounted on any tree. • Only one (1) "For Sale" or "For Rent" or similar sign for the sale or rent of a property may be placed on a lot at any given time. • Builders may erect a sign only during construction of the home and said sign must follow the above criteria. • Name and address signs do not have to abide by these criteria, but must be neat, clean and made of metal or wood material. Name and address signs must also be of earth -tone colors and/or white and red. • Declarant is not required to follow theabovecriteria when placing signage within Ocean Club Estates Subdivision. • Signs can be placed only on individual Lots. Directional signs or any signs for advertisement at the entrance and road intersections are prohibited. Any exceptions of this covenant must be approved by a majority vote of the officers of the Association. • No "For Sale" signs may be erected on any Lot until.Declarant has conveyed all lots within Ocean Club Estates Subdivision unless written approval has been given by the Declarant. Any "For Sale" signs erected on any lot within Ocean Club Estates Subdivision before conveyance of all lots and without written approval by the Declarant may be removed by the Declarant. ARTICLE V Architectural Control and Standards There is hereby established an Architectural Control Committee (hereinafter "ACC"), which shall be appointed by the Executive Board. 1. No improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot, nor shalt any construction be commenced thereon until plans for such improvements have been approved by action of the ACC in accordance with the provisions herein; provided however, that improvements and alterations completely within the interior of a building may be completed without approval. 2. if damageand/or wear and tear to subdivision roadways are determined by the ACC to be attributed to construction of any improvement, then the property owner for whose benefit the improvement was made will be liable for any costs of repair. lI III II II'll II III II III III II'll BOOK:3775 PAGE:867 12:5„5 Page ] of 14 Brenda M. Clonmons. Bnmswlck Comity Reglster of Deeds E 3. The term "Improvements" shall mean and include structures and construction of any kind, whether above or below the land surface, such as, but not limited to, buildings, outbuildings, water lines, sewers, electric and gas distribution facilities. 4. Any Lot owner who commences to build without written permission and stamped plan approval from the ACC is subject to a fine of $100.00 per day for every calendar day from date of starting construction (i.e. digging footings, clearing Lot to build) until receipt of approval letter from the ACC. The ACC reserves the right to bring legal action against Lot owners who start building without approved plans. 5. Any land disturbance must be stabilized within twenty-four (24) hours, failure of Lot owner or owner's agent to stabilize disturbed area shall result in a fine of $100.00 per day levied by the ACC or the Association. 6. The ACC has created "Building Standards" which describe construction standards to be used as the criterion for the approval of proposed improvements. The ACC or the Association shall have the power to modify, alter, supplement, or amend Building Standards at any time by an affirmative vote of sixty- seven percent (67.0%) of Lot owners voting in person or by proxy at a regular or special meeting called for the purpose of considering the amendment of such Standards, but such change shall not be effective as to improvements, which have previously been approved. Declarant shall the power unilaterally to modify, alter, supplement or amend Building Standards at any time until they have conveyed all lots within Ocean Club Estates Subdivision. 7. The actions of the ACC through its approval or disapproval of plans, and other information submitted pursuant hereto, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 8. All communications and submittals shall be addressed to Ocean Club Estates Subdivision ACC, at such address as the ACC shall hereinafter be designated in writing. The ACC shall reply in writing to all plan submittals within thirty (30) days of receipt hereof, The ACC shall have 30 days to approve complete plans that have been submitted by Lot owner(s) or builder. Contractor Responsibilities: • Contractor must have proof of insurance; to include but not limited to automobile, workman's compensation, and liability insurance of no less than one million dollars. • Contractor may be required to provide references to ACC prior to plan approval. • Contractor must provide one (1) portable toilet for each job site within the development. The contractor must present a maintenance agreement, which allows for weekly dumping/cleaning of portable toilet. • Contractors must have a dumpster on site for each job site. Trash and excess/waste building materials shall be placed in dumpster at the end of each working day. • The ACC reserves the right to levy fines of $100 per day against contractors who do not adequately clean building site or do not have a functioning portable toilet. • Building materials cannot be placed within road rights of way or utility casements. • Contractor must assume liability for all construction vehicles that enter Ocean Club Estates Subdivision en route to theirjob site, specifically overweight vehicles that damage road surface and negligence of operators. Concrete truck weight limit is 5 yards per truck. • Contractor is responsible for actions of any/all subcontractors. • Contractors/subcontractors are responsible for any cut, break or damage to underground utility caused by their negligence. Lot Owner Responsibilities: • Present 2 copies of blue line schematic drawings of home to ACC. Colors used on exterior of home must be included and color samples may be required. • Present all materials requested on attached Architectural Control Checklist to the Ocean Club Estates Subdivision ACC. • Have permission of ACC before commencement of construction. • Lot owner is responsible for agents, employees, contractors, subcontractors and assigns. • Prior to commencement of any work, and as part of the construction approval process, the owner or the owners general contractor shall post in favor of the association, a bond of no less than $5,000.00 to secure 7 III I II II I I III I I III II BOOK:3775 PAGE:868 12:5:15.000 Page 6 of 14 61I.M. M. Cle...... .atnnswick County ReglsW of Deeds E repairs or damages to pavement, signage or other common or other property caused by any action of the owner or any agent or contractor. • If the lot has been improved (built upon), then the owners of the improved lot shall maintain their lot (s) to neatly kept and mowed condition. All stumps, brush piles and debris shall be removed from the lot. Architectural Control Checklist: Below is a checklist of items needed for house plan approval from the Architectural Control Committee (ACC). Preliminary Approval: • 2 copies of preliminary site plan disclosing location of all improvements to be placed on lot, including a landscaping plan (one copy will be returned to you and one copy will be kept and placed in your file) Final Approval: • 2 copies of schematic drawings of home (locating improvements on lot, showing elevations on all four sides, color schemes, building materials, and all site improvements, is recommended) (one copy will be returned to you and one copy will be placed in your file). • Contractor/Builders name • Proof of insurance (builders risk, auto & liability, workmen's compensation) • $5,000.00 bond mentioned above. • List of Subcontractors, to be used • Copy of portable toilet and dumpster contract or receipt of payment • Copy of signed disclaimer from Contractor • General description of building materials Upon receipt of all the above items, the ACC will respond within 15 days for Preliminary Approval and 30 days after all documents have been received for Final Approval. Copies of your correspondence to the ACC will be kept and placed in your file. Neither the ACC, nor any member, employee or agent thereof, shall be liable to any owner of a Lot or to anyone submitting plans for approval or to any other interested parry by reason of mistake in judgment, negligence, or nonfeasance in connection with the approval, disapproval or failure to approve any such plans or for any other, action in connection with its or their duties hereunder. Likewise, anyone who submits plans to the ACC for approval agrees not to bring any action or suit to recover any damages against the Declarant, the ACC, or any partner, member, employee or agent of the Declarant or the ACC. The ACC may make exceptions to the provisions herein, when, in its sole discretion, such exceptions would not be in conflict with the intended character of the property subject to this Declaration when fully developed and occupied in accordance with the developer's plans and objectives therefore. ARTICLE VI Powers and Duties of the Owners Assoclation The Ocean Club Estates Property Owners Association Inc., (the "Association"), shall have and exercise all of the rights, powers and authority set forth in the Act, and in particular N.C.G.S. 47F- 3-102 The Association shall have the following duties and obligations; I. The Association shall cause the common elements, including the subdivision roadways, the area north of Riverside Drive, all bulkheads, the entrance landscaping and gate, and any other common areas to be maintained, repaired.and replaced when necessary, to assess all lot owners equally as necessary, and to recover the costs of such maintenance, repair or replacement as herein provided; 2. The Association shall keep financial records sufficiently detailed to enable the association to comply with the Laws of the State of North Carolina with respect to Non -Profit Corporations, and shall make such records reasonably available for examination by any lot owner and the authorized agents of such lot owner. 0 II II II II IIIIIIII I III I IIIII II 1100K:3775 PAGE:869 12:5315°00D Page 9 of 14 m Brenda M. Clemais. au mnswlck County Register of Deeds E Such records shall include records of meetings of the association and the executive board, cash receipts and expenditures, and all assets and liabilities. The Association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge within 75 days of the close of the fiscal year. An audit of the associations books and records for the current or immediately preceding fiscal year may be required by a vote of the executive hoard, or of a majority of the lot owners voting at any annual meeting or special meeting duly called. 3. In addition to the limitations contained in North Carolina Law, no financial payments, including payments made in the form of goods and services, may be made to any officer or member of the executive board or to a business, business associate or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payment for services or expenses paid on behalf of the association which are approved in advance by the executive board. 4. The Association shall maintain casualty and liability insurance in such amounts and on such common elements as are insurable. 5. Conveyance of Common Area to the Association. At the discretion of the Declarant, the Declarant may at any time convey any or all of the Common Area to the Association. 6. Enforcement of Goveminp Documents. The Association, or any non -breaching Owner, shall have the right, but not the obligation, to proceed at law or in equity to compel compliance with the provisions of this Declaration or to prevent the anticipated violation of the terms of provisions of this Declaration by any Owner. In addition to seeking remedies at law, the Association, or any non -breaching Owner, or any of them jointly or severally, shall have the right to proceed in equity, including making application to the appropriate court of competent jurisdiction for immediate injunctive relief, in order to compel specific performance of the terms herein or to prevent the violation or breach of such terms by any Owner or other persons. In the discretion of the Court, the prevailing party or parties shall be entitled to recover from the losing party or parties the costs and expenses of any action at law or equity, including reasonable attorneys' fees. 7. Immediate Correction. In addition to the foregoing, the Association shall have the right, but not the obligation, whenever there shall have been built on any Lot any structure which is in violation of this Declaration or without the prior approval of the Architectural Review Board, to enter upon such Lot and correct or remove such violating structure at the expense of the Owner. Any such entry and abatement or removal shall not be deemed a trespass. 8. The Association shall cause'a meeting of the members to be duly called and held in accordance with this Declaration at least once each year., provided however, during the period of Declarant control there shall be no requirement that meetings held except at the discretion of Declarant. ARTICLE VII Executive Board Powers and Duties There shall be an Executive Board of the Association, which shall consist of at least three members, a majority of which shall be members of the Association. The Executive Board shall have all of the duties and powers set forth in the Act, and in particular, N.C.G.S. 47F-3-103; 1. Notwithstanding any provision to the contrary, no action of the Association or the Executive Board, including the proposal or approval of any budget, shall be effective to raise annual assessments by more than five percent (5%) unless such budget or assessment increase shall be ratified by the affirmative vote of a majority of the lot owners present in person or by proxy at an annual or special meeting called for the purpose of considering such increase, and at which a quorum is present. ARTICLE VIII W II I II II IIIIIIII I III II"I I II BOOK:3775 PAGE:870 12:S;i5.000 Page 10 of 14 Brenda M. Clenm,ons. Brunswick County Register of Deeds E Association Meetings, Membership and Voting Rights 1. After the period of Declarant control, in addition to the annual meeting, a meeting of the Association may be called by the president, a majority of the executive board, or by lot owners having ten percent (10%) of the votes in the association. Not less than 10 nor more than 60 days in advance of any meeting the secretary shall cause: notice to be hand delivered or sent prepaid by U.S. mail to the mailing address of each lot or to any other mailing address designated in writing by the lot owner, or sent by electronic means, including by electronic mail over the Internet to an electronic mailing address designated in writing by the lot owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. 2. Except as hereinafter provided for amendments to this Declaration, a quorum is present throughout any meeting of the Association if persons entitled to cast twenty percent (20%) of all the authorized votes are present in person or by proxy at the beginning of the meeting. 3. In the event business cannot be conducted at any meeting of the association or the executive board because a quorum is not present, that meeting may be adjourned to a later date by the affirmative vote of a majority of those present in person or by proxy. The quorum requirement at the next meeting shall be one-half of the quorum requirements applicable to the meeting adjourned for lack of a quorum. This provision shall continue to reduce the quorum by fitly percent (50%) from that required at the previous meeting, as previously reduced, until such time as a quorum is present and business can conducted. 4. Meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert's Rules of Order. 5. Except for lots owned by Declarant during the period of Declarant control, each lot in Ocean Club Estates Subdivision is entitled to one vote in the Association. If only one of the multiple owners of a lot is present at a meeting of the association, the owner who is present is entitled to cast such vote. If more than one of the multiple owners is present, the vote may be cast only in accordance with the agreement of a majority in interest of the multiple owners. Such majority interest is conclusively presumed if any one of the multiple owners casts the vote without protest being made promptly to the person presiding over the meeting by any of the other owners of the lot. 6. Votes may be cast by written proxy executed by any lot owner. If a lot is owned by more than one person, each owner may vote, or may register protest to the casting of votes by other owners, by proxy. A lot owner may not revoke a proxy except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated. Every proxy expires 11 months after its date, unless a shorter term is specified in the proxy. 7. No votes may be cast on behalf of lots owned by the Association. 8. The Association or the Executive Board may by uff innative action, delegate to one or more committees the responsibility for any authorized actions, so as to facilitate efficient and effective management of the Association. ARTICLE IX Assessments for Common Expenses I . Creation of the Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed to such Lot, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay to the Association (1) Assessments, (2) Special Assessments, , and (3) the charges and costs herein outlined for noncompliance and/or cure of non-compliance. Responsibility for timely payment of all Assessments and Special Assessments and other charges or costs as herein provided, is the personal responsibility and liability of the Owner of each Lot, and a claim of lien against the Lot shall arise immediately out of the non-payment of such assessments, charges, fees and costs. 2. Common expenses shall be assessed against all lots equally, except that no assessment shall be made on any lot owned or beneficially controlled by the Declarant. Until the Association shall make different common 10 II II III II III II III II III II'I"I II BOOK:3775 PAGE:871 12:s31s°000 Page 11 of 14 Brenda M. Clemmons. Brunswick County Register of Deeds E expense assessment, the annual assessment for common expense shall be $1100.00 per lot per year, pro- rated for the remaining portion of any given year when a lot is purchased from Declarant. 3. Payments of annual assessments by Ocean Club Estates owners shall be due 30 days after the beginning of the fiscal year, or otherwise as determined by the Association. Any assessment levied against a lot whether annual assessment or special assessment, which remains unpaid for a period of 30 days or longer shall bear interest at the rate of eighteen per cent (18%) per year from the due date thereof, and shall constitute a lien on that lot when a claim of lien is filed in the office of the Clerk of Superior Court of Brunswick County, North Carolina. 4. Special Assessments shall be approved by no less than a majority of the lot owners voting in person or by proxy at a meeting duly called for consideration of such. assessment. Provided however, there shall be a special assessment that is contained within the initial common assessment amounting to $31.19 per lot per month, or $374.28 per year for each lot not owned by the Declarant. Such special assessment is designated to pay the owner of the boardwalk amenity area for the use and enjoyment of such area, and shall be paid by the Association to such owner each year from collected assessments. Such assessments shall be first due on March 1, 2017 and shall continue until the last payment is made on March 1, 2026. 5. Service charges,.late charges and other all other charges imposed on lot or lot owner by the association as fines, fees, special assessments, penalties or the like under the provisions of Article constitute a similar lien, bear the same interest, and are enforceable under this Article as annual assessments, except as limited by the provisions of law. 6. The Association may collect and enforce any and all such assessments against Ocean Club Estates owners by civil action, by foreclosure under North Carolina Law, by judicial foreclosure, or otherwise as provided by law. In any such action the Association may include and shall recover costs or expenses of collection or foreclosure, including reasonable attorney's fees. The collection of attorney's fees in any such action is limited by the requirement in such General Statute that notice of intent to seek attorney's fees must be provided to the lot owner, and that attorney's fees may not be charged unless the debt is contested. 7. The lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the docketing of the claim of lien in the Office of the Clerk of Superior Court of Brunswick County. 8. The lien created by this Article is prior to all liens and encumbrances on a lot except (i) liens and encumbrances (specifically including but not limited to a deed of trust on the lot) recorded before the docketing of the claim of lien in the Office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the lot. 9. Subordination of the Lien to Morteages. The sale, conveyance or transfer of any Lot in the subdivision shall not affect the lien of the Association, which runs with the land in addition to such lien being a personal obligation of the person who owned the Lot at the time that the lien arose. However, any lien arising out of violation of the provisions herein shall be subordinate to the lien of any first mortgage or Deed of Trust to which the Lot is subject. The sale or transfer of any Lot pursuant to a foreclosure arising out of a default of such first mortgage or Deed of Trust shall extinguish the lien of such assessments as to payments of assessments which became due prior to such transfer of the Lot through the foreclosure sale. ARTICLE XI Declarant Control I. Until such time as Declarant has sold all the lots in the subdivision, or until Declarant specifically relinquishes such rights in writing, Declarant shall have the right to appoint each of the members of the Executive Board of the Association, and shall have three votes in the association for every lot owned by Declarant. Declarant shall have the right to exercise any Declarant right through a marketing agent or management company, who shall have such rights and authority as may be delegated by Declarant. 2. While Declarant owns any lot, Declarant shall have the right to waive, amend or modify this Declaration, to add land to or withdraw land from the subdivision, to revise the subdivision plat as to any unsold lot or the routes of any subdivision roadways, to dedicate additional common areas, to grant easements and rights of way which benefit the association, or to grant variances from the restrictions contained herein as to any lot or lots. 11 II IIIII II IIIIIIII II III II III I 100K:3775 PAGE:872 12:5;i5 Page 12 of 14 Brenn da M. Clemmus. Brunswick County Register of Deeds E 3. In the exercise of any of the rights set forth herein, Declarant shall have such additional rights and authority as may be necessary to the full and complete enjoyment thereof. ARTICLE XII Procedures for Fines and Suspension of Community Privileges The executive board, or an adjudicatory panel appointed by the executive board may hold a hearing to determine if any lot owner should be fined, or if planned community privileges or services should be suspended for violations of the declaration, bylaws, and rules and regulations of the association. The procedure for such action shall be in accordance with N.C.G.S. 47F-3-107.1 ARTICLE XIII Amendment I. Except in case of amendment executed by Declarant under the terms of this declaration or by Special Declarant right, this declaration may be amended only by affirmative vote or written agreement approved by at least sixty-seven percent (67%) of the Members of the Association voting in person or by proxy at a meeting called for the purpose of considering one or more amendments specified in the notice of such meeting. A quorum for any meeting where amendments are proposed shall require for passage of such amendment (but not for other regular business) that at least 50% of the lots be represented in person or by proxy. 2. Every amendment to this declaration shall be prepared, executed, and recorded in the Office of the Register of Deeds of Brunswick County, North Carolina, and shall be effective only upon such recordation. 3. No action to challenge the validity of an amendment adopted pursuant to this article may be brought more than one year after the amendment is recorded. ARTICLE XIV Miscellaneous Provisions I . This Declaration, as may be amended from time to time, shall run with the land and shall be binding on all parties, their successors and assigns, and upon all persons claiming by or under them until January 1, 2035, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless, by majority vote of the current owners of the Lots described herein, it is agreed to terminate said covenants in wholeor in part. 2. Invalidaliun of any of these covenants or any part thereof by judgments or Court order shall in no way affect any of the other provisions which shall remain in full force and effect. The failure of any person or persons to take action to restrain the violation of any of these covenants and restrictions shall not be construed as waiver of any enforcement rights and shall not prevent the enforcement of such covenant or covenants in the future. 3. Big Pine Holdings, LLC is executing this declaration for the sole purpose of consenting to the imposition of these covenants upon all of the lots within Ocean Club Estates that are encumbered by a first deed of trust for the benefit of such company. IN WITNESS WHEREOF,The Declarant and the Lender have caused this instrument to be executed in its name by its Member- Manager, this the day and year first above written. (signatures appear on following pages) Prepared By: Law Office of Hugh Franklin 19421-A Liverpool Parkway 12 Cornelius, NC 28031 BOOK:3775 PAGE:873 06!5„5016 Page 13 of 14 Brenda M. Clemmons. Bmnswick County Register of Deeds E SLIIYSSP BEACH HOLDINGS II, LLC By: Zailant, I. LC, Managel By: Jane D n I.I..C, its Man a rancisai karate, hlana�Tc JANF, TWAN. LLC Franc sco Zaratc, Manager 0�� C;slcCher Thomas HOVSC CummcnNca'm n` Ueromia Nulary Pu51ic ivCommacsicn No. 7GU 77 W e Crn+r zvr.- Fr :re5 ` S'1'_CI'l.: ('N'?cY�t'tt'f`.At�D1iRF1 Vif�iq�e� CC) X1'1'!yl' I, Qi�r•��.r, a1't� jVOQ..',c, !r Nulars' PubLc o tht, S121e and C:nwrtr xFtRnaid, certify Him1'nuxieo:a Gann pccoollale appeared be&rn me thi% day' and neknowltdlgd tJlc duc csarution n1 du' CQXCFP ,g in>hunicul For stud un hchali dlatuc llcalt , I.I.C.altd Sunsct Preach I Inli ings I II'I'1'?sl I hand :11"I ..M, inl .W4, Iles I11c �Jf_ day oC \igll.', ?lil(, �h' com,n lsaion E�}+ircn: 7� .1 t7 Via �� Itry ic 13 BOOK:3775 PAGE:874 06!08/20160 Page 14 of 14 B, e.W. M. Clenvnom. Bmnswick Comity Register of Deeds E BIG PINE HOLDINGS, LLC By: Tidal Vote rest LLC, its ""M�ianager Samuel N. Varnam, Manager STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK 1, 7. FIC Cara , a Notary Public of the State and County aforesaid, certify that Samuel N. Vamam personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of Big Pine Holdings, LLC. 3�ur)C- q WITN1ESS my hand and official seal, this the day o -May, 2016 3- U f11 My commission Expires:aq 00l0 Notary Public 14 *,oSARy m9 PUS ?, 470K COV,.�r� ronlufftlr