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HomeMy WebLinkAboutSW8060429_CURRENT PERMIT_20220224 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Ou 04 -L 1 DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 202-) 02 2_q YYYYMMDD ROY COOPER covmoi EUZABETH S. BISER secnRory BRIAN WRENN Director February 24, 2022 GCW Properties, LLC Attn: Robert Alton Capps, Managing Member 2030 Eastwood Road, Suite 9 Wilmington, NC 28403 NORTH CAROLINA Enylr entai Quality Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 060429 Lucky Fish Subdivision aka Vineyard at Pages Creek New Hanover County Dear Mr. Capps: Effective August 1, 2013 the Post -Construction Stormwater Management Program has been transferred from the Division of Water Quality ("DWQ") to the Division of Energy, Mineral and Land Resources ("DEMLR" ). All previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit. The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on February 10, 2022. The Division is hereby notifying you that permit SW8060429 has been renewed, updated, and re -issued on February 24, 2022, 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 August 9, 2028 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 adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the.OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAJ4.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@ncdenr.gov. Sincerely, nQ�� Wnn CA,i Brian Wrenn, Director Division of Energy, Mineral and Land Resources D_E Q'. North Carolina Department of Environmental Quality I Division of Energy, Nneral and land Resources ./ Wilmington Regional Office I t27 Cardinal Drive Extension I wtndngton. North Carolina 28405 ter\ s 910.7%.7215 State Stormwater Permit No. SW8 060429 Page 2 of 2 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\Permtits & Projects\2006\060429 HD\2022 02 permit 060429 cc: Lucky Fish HOA; 7402 Lucky Fish Lane; Wilmington, NC 29411 Wilmington Regional Office Stornwater File D E QJ� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 �� 910.7%.7215 Post -Construction Stormwater Management Permit No. SW8 060429 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY RESIDENTIAL 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 GCW Properties, LLC Lucky Fish Subdivision Canady Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of four (4) infiltration basins and four (4) infiltration trenches in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter 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 August 9, 2028 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 1. 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 1.6 of this permit. The stormwater controls labeled 1A, 113, 2A, 2B, 3A, 313, 3C Lot and 3C Cart Path & Lot have been designed to handle and treat the runoff from 6,009 sf; 5,932 sf, 4,900 sf; 5,773 sf; 6,137 sf, 5,899 sf, 2,400 sf and 4,448 sf; respectively, of impervious area. 3. The subdivision is limited to 7 lots, each allowed a maximum amount of built upon area (BUA) as indicated in Section 11.1lof this permit. The overall tract will be limited to a maximum of 41,498 square feet of built -upon area, as shown on the approved plans. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 8 Post -Construction Stormwater Management Permit No. SW8 060429 The project shall provide a 50' wide vegetated buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. The following design criteria have been permitted for the infiltration basins and trenches and must be provided and maintained at design conditions: Infiltration Trench Table Lot 2A Lot 213 Lot 3C Lot 3C (Cart Path & Lot a. Drainage Area, acres: Onsite, ftZ: Offsite, ft2 0.36 15,484 N/A 0.37 15,608 476 0.06 2,400 N/A 0.33 14,562 N/A b. Total Impervious Surfaces, ftZ: Onsite, ftZ: Offsite, ftZ 4,900 4,900 N/A 5,773 5,297 476 2,400 2,400 N/A 4,448 4,448 N/A C. I Design Storm, inches: 3.75 3.75 3.75 1 3.75 d. Trench Length, feet: 96.63 122.63 44.63 162.63 e. Trench Width, feet: 8.04 8.08 8.04 4.32 f. Trench Depth, feet: 3.65 3.65 3.65 3.65 9. Bottom Elevation, FMLS: 23.5 23 20 20 h. Bottom Surface Area, ftZ: 507 507 359 703 i. Bypass Weir Elevation, FMLS: N/A N/A N/A N/A j. Perforated Pipe Diameter, In: 24 24 24 24 k. Perforated Pipe Length, ft: 92 116 38 156 I. Permitted Storage Volume, ft3: 1,473 1,876 668 1,319 M. Pre-dev. 1 r-24 hr. discharge rate, cfs: 0.36 0.37 0.06 0.33 n. Type of Soil: Le & La Le & La Le & La Le & La o. Expected Infiltration rate: 9 6 6 6 Seasonal High Water Table, FMSL: 21.5 21 18 18 q. Time to Draw Down, hours 0.5 1.0 1.0 0.5 F. Receiving Stream/River Basin: Pages Creek/Cape Fear S. Stream Index Number: 18-87-22 t. Classification of Water Body: SA;HQW Infiltration Basin Table Lot 1A Lot 1 B Lot 3A Lot 313 a. Drainage Area, acres: Onsite, ft2: Offsite, ftZ 0.36 15,696 N/A 0.45 19,548 N/A 0.36 15,810 N/A 0.46 19,931 N/A b. Total Impervious Surfaces, ftZ: Onsite, ftZ: Offsite, ftZ 6,009 6,009 N/A 5,932 5,932 N/A 6,137 6,137 N/A 5,899 5,899 N/A C. Design Storm, inches: 3.75 3.75 1 3.75 3.75 d. Basin Depth, feet: 1.5 0.8 1.4 1.2 e. Bottom Elevation, FMSL: 26.5 27.2 26.6 26.8 f. I Bottom Surface Area, ft : 11401 2,278 500 3,114 Bypass Weir Elevation, FMLS: N/A N/A N/A N/A h. Permitted Storage Volume, ft3: 2,901 1,792 2.212 3,566 i. Pre-dev. 1 r-24 hr. discharge rate, cfs: 0.36 0.45 0.36 0.46 Post-dev. 1 r-24 hr. discharge rate, cfs: 0.88 0.96 0.89 0.97 k. Type of Soil: Le & La Le & La Le & La Le & La I. Expected Infiltration rate: 7.1 7.9 7.1 7.1 m. Seasonal High Water Table, FMSL: 24.5 22.8 24.6 23.5 n. Time to Draw Down, hours 0.5 0.5 1 0.7 1 0.5 o. Receiving Stream/River Basin: Pages Creek/Cape Fear Stream Index Number: 18-87-22 Classification of Water Body: SA;HQW Page 2 of 8 Post -Construction Stormwater Management Permit No. SW8 060429 7. Per section .1008 (h) of the stormwater rules, this alternative design infiltration basin provides equal or better protection because it infiltrates the 10 year 24 hour storm using an infiltration rate of one-half of the expected infiltration rate provided in the soils report, without overtopping. The infiltration systems are designed in accordance with Option 4 of Section 16.3.9 of the BMP manual, therefore, no bypass and no vegetated filter strip are required. The approved parameters are: a. 10 year 24 hour precipitation depth, inches: 7.0 b. Volume to store, cf: c. Volume infiltrated in 24 hours, cf: (Y: expected infiltration rate) d. Remaining volume to infiltrate, cf: II. SCHEDULE OF COMPLIANCE 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. 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 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, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 5. Records of maintenance activities must be kept for each permitted BMP. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. The permittee shall review the plans for each lot for new construction and for any modifications and additions, for compliance with the permitted maximum BUA limit. The permittee shall not approve any lot plan where the permitted maximum BUA limit is exceeded, without first submitting a permit modification and receiving approval from the Division. The permittee shall routinely monitor the project to ensure that the proposed built -upon area for the entire project, including lot BUA, streets, recreation facilities and sidewalks, does not exceed the permitted maximum allowable built -upon area. Where the permittee finds a noncompliance with the permit on an individual lot, the permittee shall notify the lot owner in writing, requiring remediation of the noncompliance within a reasonable time frame, and shall follow-up to ensure that the noncompliance has been resolved. 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. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. Page 3 of 8 Post -Construction Stormwater Management Permit No. SW8 060429 10. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060429, 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 as listed below, in square feet, and includes the lot, the road in front of the lot, and in the case of Lot 3C, the pathway: Lot 1A @ 6,009 sf Lot 3A @ 6,137 sf Lot 1 B @ 5,932 sf Lot 3B @ 5,899 sf Lot 2A @ 4,900 sf Lot 3C @ 6.848 sf Lot 2B @ 5,773 sf This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. h. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. i. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. j. Built -upon area in excess of the permitted amount will require a permit modification. k. Any individual or entity found to be in noncompliance with the provisions of a storrmwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in G.S. 143 Article 21. 11. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 12. 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. 13. 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. Page 4 of 8 Post -Construction Stormwater Management Permit No. SW8 060429 14. 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 certifcation(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. III. GENERAL CONDITIONS 1. 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. 2. 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. 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. a. 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; Page 5 of 8 Post -Construction Stormwater Management Permit No. SW8 060429 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. 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 24th day of February 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION .�x; Bnan vvrenn, Director 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 060429 Lucky Fish Subdivision Stormwater Permit No. SW8 060429 New Hanover 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 060429 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 weir elevation is per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the 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. 14. The required system dimensions are provided per the approved plans. cc: NCDEQ-DEMLR Wilmington Regional Office New Hanover County Building Inspections Page 8 of 8 Attachment C - Permitting History Lucky Fish Subdivision Permit No. SW8 060429 Approval Date Permit Action BIMS Version Description of the Changes 5/16/2006 Original Approval 1.0 Permitted as Low Density Subdivision to Gate City Water Properties, LLC Request for Modified Permit Application: low- high density; built -upon area is increased beyond the density limit, it is considered a major modification and the proposed Best Management Practice must be designed using the 2008 rule design storm and the requirements in the most recent BMP Manual. Because the project is within /z mile of SA waters, the design volume for the BMP is the 6/12/2012 Letter difference between the pre -development and post - development runoff volumes for the l year 24 hour storm, estimated to be 3.83 inches ; planning to use the permitted county -required infiltration systems as the State BMP's, however, per a letter addressed to you dated February 18, 2009, from Jason Clark, P.E, a Project Engineer with New Hanover County, a piece of the county -approved system, a dry detention basin located on Lot 3-A, had been filled in. 8/9/2012 Modification 1.1 Low- to High Density Commercial Wet Pond Project 11/18/2015 Correction High Density Subdivision Infiltration Project 2/24/2022 Renewal 2.0 Expires August 9, 2028 Fermi[ Number: SGi�D�D�% (to be provided by DWQ) Drainage Area Number: Infiltration Trench Operation and Maintenance Agreement Lot 3C I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area of the infiltration trench will be carefully managed to reduce the sediment load to the sand filter. — The water level in the monitoring wells will be recorded once a month and after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The grass filter strip or Areas of bare soil and/or Regrade the soil if necessary to other pretreatment area erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment has accumulated to Search for the source of the a depth of greater than six sediment and remedy the problem if inches. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. The flow diversion The structure is clogged. Unclog the conveyance and dispose structure (if applicable) of any sediment off -site. The structure is damaged. Make any necessary repairs or replace if damage is too large for repair. ECEIVE JUN 2 9 2012 Form SW40 I -Infiltration Trench O&M-Rev.3 Page 1 of 3 N. IMP element: Potentialproblem: How I will remediate theproblem: The trench Water is ponding on the Remove the accumulated sediment surface for more than 24 from the infiltration system and hours after a storm. dispose in a location that will not impact a stream or the BMP. The depth in the trench is Remove the accumulated sediment reduced to 75% of the original from the infiltration system and design depth. dispose in a location that will not impact a stream or the BMP. Grass or other plants are Remove the plants, preferably by growing on the surface of the hand. If pesticide is used, wipe it on trench. the plants rather than spraying. The observation well(s) The water table is within one Contact the DWQ Stormwater Unit foot of the bottom of the immediately at 919-733-5083. system for a period of three consecutive months. The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. The outflow pipe is damaged. Repair or replace the pipe. The emergency overflow Erosion or other signs of The emergency overflow berm will berm damage have occurred at the be repaired or replaced if beyond outlet. repair. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. ECEIVE JUN 2 9 2012 BY: Form SW401-Infiltration Trench O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWQ) acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any. changes to the system or responsible party. Project R-A L S(J-V4 .I :" BMP drainage area number: Lc) A print it / ',j 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, 17CLt• St ?¢ �p a Noun Public for the State of Mo� A (I - County of e-y RwLar- do hereby certify that A. (qe3 personally appeared before me this Clay of LO i L, and acknowledge the due execution of the forgoing infiltration trench maintenance requirements. seal, \\1NIIINNIIb//I °SPY S pyp•�� pP� cod.: NOTARY s� pUBUG ?a NIryr,D„V ERIGk,p\```v SEAL My commission expires Witness my hand and official ECEOVE JUN 2 9 2012 DW. 9 Form SW401-Infiltration Trench O&M-Rev.3 Page 3 of 3 �, ...__ . ,� .. tt � ,ti :; - --- ,, r_.. ti �-... ' ... ` �1 •J � .�, ,. -- ,t '. r*, Permit Number: (to be provided by DVVQ) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement Lot 3b I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immed iately after the infiltration basin is established, the vegetation will be watered twice weekly if needed wntil the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW401-Infiltration Basin O&M-Rev.3 ECEIVE JUN 2 9 2012 BY: Pagel 03— UMP element: Potentialproblem: How 1 will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the I3MP. Erosion has occurred or Provide additional erosion ripmp is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the HMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 ECEAVE JUN 2 9 2012 HV: Pag-- Permit Number: (to be provided by DWQ) 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: L L40 iZ N A k, ik Se.; BA4P drainage area mmnber:W3 B Print name: PLi 4, Address: 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. lic for the State of do hereby certify that eared before me this day off- - , ],u1 L, and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness . , S PA NpTARy A PUBL\G ygNoV€R GC u+teau1u0s SEAL My commission expires✓j Form SW401-Infiltration Basin O&M-Rev.3 16a my hand angl official seal, 9��— JUN 2 9 2012 BY: -I'age3-of-3--- I Permit Number:�����D� (to be provided by DWQ) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement LGt 3+N I will keep a maintenance record on this 13MP. 71nis maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basil will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. ECEIVE JUN 2 9 2012 Form SW40 I -Infiltration Basin O&M-Rev.3 BV" 1 of 3 BMP element: The main treatment area The embankment outlet device receiving water Potential problem: Sediment has accumulated and reduced the depth to 75% of the original design depth. Erosion has occurred or riprap is displaced. Weeds are present. A visible layer of sediment has accumulated. Water is standing more than 5 days after a storm event. Weeds and noxious plants are growing in the main treatment area. Shrubs or trees have started to grow on the embankment. An annual inspection by an appropriate professional shows that the embankment needs reuair. Clogging has occurred The outlet device is damaged Erosion or other signs of damage have occurred at the outlet. Form SW401-Infiltration Basin O&M-Rev.3 How I will remediate the problem: Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas Replace the top few inches of filter media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Remove the plants by hand or by wiping them with pesticide (do not Remove shrubs or trees Make all needed repairs. Clean out the outlet device. Dispose of the sediment off -site. Repair or replace the outlet device. Contact the NC Division of Water Quality 401 Oversight Unit at 919- 733-1786. r CEIVE UN 2 9 2012 By:--- OT Permit Number: (to be provided by DIVQ) 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: L Fi,4 S,.YdIv ,,-- , A BMP drainage area number:� W A� 3 Print Address: 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. Gore S Y 1, Y • AIL ,,11 , as Notary Public for the State of rrti County of A'U; 9 .e M/ , do hereby certify that `'Wks personally appeared before me this lo A? — day of Viand acknowledge the due execution of the forgoing infiltration basin maintenance requirements. S P, NOTARY PUBUG Z'4Z&OVER 1rlC SEAL My commission expires_ No /' 1 1 7. Lois Witness my hand and off cial seal, U ECEEIVE JUN 2 9 2012 BY: Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3 . ...._ .. . �, �'. � 1 1 ' a • 1 �' h,,♦ � �. ♦ .. I ` V r. J� ..... .. n �. �• �'�� �. ��� ;. f. � . • ` ,'� I .1 7 Ir i. n '.; , _: Y/ .. :i,P. � Permit Number: S� flOGo ell (to be provided by DWQ) Drainage Area Number: Infiltration Trench Operation and Maintenance Agreement LW 2$ 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area of the infiltration trench will be carefttlly managed to reduce the sediment load to the sand filter. — The water level inn the monitoring wells will be recorded once a month and after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How 1 will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The grass filter strip or Areas of bare soil and/or Regrade the soil if necessary to other pretreatment area erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment has accumulated to Search for the source of the a depth of greater than six sediment and remedy the problem if inches. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. The flow diversion The structure is clogged. Unclog the conveyance and dispose structure (if applicable) of any sediment off -site. The structure is damaged. Make any necessary repairs or replace if damage is too large for repair. ECEIVE JUN 2 9 2012 BY: ------ Form SW401-Infiltration Trench O&M-Rev.3 Page I of 3 BMP element: Potentialproblem: How I will remediate theproblem: The trench Water is pond ing on the Remove the accumulated sediment surface for more than 24 from the infiltration system and hours after a storm. dispose in a location that will not impact a stream or the BMP. The depth in the trench is Remove the accumulated sediment reduced to 75%, of the original from the infiltration system and design depth. dispose in a location that will not impact a stream or the BMP. Grass or other plants are Remove the plants, preferably by growing on the surface of the hand. If pesticide is used, wipe it on trench. the plants rather than spraying. The observation well(s) The water table is within one Contact the DWQ Stormwater Unit foot of the bottom of the immediately at 919-733-5083. system for a period of three consecutive months. The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. The outflow pipe is damaged. Repair or replace the pipe. The emergency overflow Erosion or other signs of The emergency overflow berm will berm damage have occurred at the be repaired or replaced if beyond outlet. repair. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. ECEIVE JUN 2 9 2012 Form SW401-Infiltration Trench O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project BMP drainage area number: r� w Print name: 120 'W' '4. (C' W 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. [, G04 '1 51 a Notary Public for the State of WOIAK CAIQ 11"4. , County of Apiw 90.-.0u.i , do hereby certify that 176.,'ek A. cqp personally appeared before me this clay of pts. aV�' 7AIL, and acknowledge the due execution of the forgoing infiltration trench maintenance requirements. seal, a00011luU14////a PY S p,U.,,��� NOTARY 4 PUBL�G C 'nghOVER �4nimmuWP� SEAL My commission expires N0� Witness my hand and official ECEI E JUN 2 9 2012 HY: Form SW401-Infiltration Trench O&M-Rev.3 Page 3 of 3 I Permit NumbeftS _ J (to be provided by DW ) Drainage Area Number: Infiltration Trench Operation and Maintenance Agreement Lot Z,A I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. important maintenance procedures: — The drainage area of the infiltration trench will be carefully managed to reduce the sediment load to the sand filter. — The water level in the monitoring wells will be recorded once a month and after every storm event greater than 1.0nnches (or 1.5 inches if in a Coastal County). The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. 13MP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The grass filter strip or Areas of bare soil and/or Regrade the soil if necessary to other pretreatment area erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment has accumulated to Search for the source of the a depth of greater than six sediment and remedy the problem if inches. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. The flow diversion The structure is clogged. Unclog the conveyance and dispose structure (if applicable) of any sediment off -site. The structure is damaged. Make any necessary repairs or replace if damage is too large for repair. E0E'VE JUN 2 9 2012 Form SW401-Infiltration Trench O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The trench Water is ponding on the Remove the accumulated sediment surface for more than 24 from the infiltration system and hours after a storm. dispose in a location that will not impact a stream or the BMP. The depth in the trench is Remove the accumulated sediment reduced to 75% of the original from the infiltration system and design depth. dispose in a location that will not impact a stream or the BMP. Grass or other plants are Remove the plants, preferably by growing on the surface of the hand. If pesticide is used, wipe it on trench. the plants rather than s ra in . The observation well(s) The water table is within one Contact the DWQ Stormwater Unit foot of the bottom of the immediately at 919-733-5083. system for a period of three consecutive months. The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. The outflow pipe is damaged. Repair or replace the pipe. The emergency overflow Erosion or other signs of The emergency overflow berm will berm damage have occurred at the be repaired or replaced if beyond outlet. repair. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. JUN 2 9 2012 ev: Form SW401-Infiltration Trench O&M-Rev.3 Page 2 of 3 Permit (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: BMP drainage area number: LO � 7-A Print Address: 2 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 Gw. S' ?COr__ , a Notary Public for the State of 00 / A (a✓ , I a �r`� County of GW �, (to hereby certify that I h • � 5 personally appeared before me this �d day of µgee 244L, and acknowledge the due execution of the forgoing infiltration trench maintenance requirements. seal, S'p� Ci�PQ h i NOTARP PUBLIC 2 �*IOVOVER1G�Js"��s SEAL , My commission expires }TT /,� )/ �� S Witness my hand alid official ECEIVE JUN 2 9 2012 BY:_ Form SW401-Infiltration Trench O&M-Rev.3 Page 3 of 3 OJ 1.-- Permit Number:-� (to be provided by DIVA) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement 1.0t I 1 will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basil. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basil will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. �CEIVE JUN 2 9 2012 by: ---- Form SW401-Infiltration Basin O&M-Rev.3 Page l of 3 BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than Brain. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 IECEIVE JUN 2 9 2012 By._ Page 2 of Permit Number: (to be provided by DIVQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project % . r iJN Swy �• +#V j t BMP drainage area nantber:w 3 Pr Ti L.1lG. J - • 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. S,? a Notary Public for the State of r�1 (C46 I%1 ��y do hereby certify that tJII C4�Q� personally appeared before me this day of P`ow L% , 2012, , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, c'`uppcy S p aA , F s NpTARY t PUBOG �? �rh OVER "Gt�a�`� SEAL My commission expires ECEIVE JUN 2 9 2012 Hv: Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3 C. . a• ' •. � i / � ' � . i�.�-�� � �� - �"- t �,, ! f . q �. i ii Y i s - .^ S :f� •.. 1� �{ •: � 4 .. � • r � �T �': �' 1 • �.� ♦ y . � � yY .. � Permit Number:�� //���55 (to be provided by DWQ) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement LOT 1R I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion a control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW401-Infiltration Basin O&M-Rev.3 ECEIVE JUN 2 9 2012 Hv;__—P.age_1_of 3— BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 clays after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged or replace the outlet device. The receiving water Erosion or other signs of -Repair Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 ECEIV E JUN 2 9 2012 av:—Page-2-oP-- r , v Permit Number: (to be provided by D WQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: L" L. it '1 �uL lri 1.., BMP drainage area number Print name: Po 40 A C Title: i1 U.L�w / Ad— a.,, 24099, G,ea,-II,V. Ni 2:;4z 33G-3VI3(,36 3-'cd- /L 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. h GM S• �4Y_ a Notary Public for the State of � f ro���+ +1 "/� County of t,Irr Gw t"&e , do hereby certify that 46414 A. personally appeared before me this 10& clay of Aavvo L , 1.�IL , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. IAOTAq), 'PUBLIC SEAL My commission expires fillip Witness my hand and of icial seal, ECEIVE JUN 2 9 2012 BY: Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3 ,;,. "' /I ,; '..'I , '. I , FORM NC DEQ Division of Energy, Mineral and Land Resources" STATE STORMWATER: FEB t �► PERMIT RENEWAL APPLICATION FO t In accordance with 15A NCAC 2H.1045(3), the current permit holdersh all renew their high, density permit 480 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (S8 781) Section 80. (c). This application ror'm is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: 2. Project name: `kLk-ii 3. Project street address: City: ,lQ_1 —M! Yea SWP� oc�b�t2°I I so.64�V�s(Ovl aka ViV�evar a� Vaws Cv& County: t\� f �,J_� �GVLOV ev ZIP 4. What, if any, changes%ve been made to the project as permitted? M 0 Y\e, If the project has changed from the original approved plans, please complete SWU-101 fora Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energv- m ineral-land-resourceslenergy-mineral-land-ruleslstormwater-programlpost-construction. B. PERMITTEE INFORMATION If changes to the pennittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: htti)s://deg.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-ruleslstormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company 2. Signing Official's Name: 3. Signing Official's Tittlnle::-, 4. Mailing Address: city: W \ k 1M %" 5. Street Address: City: G. Phone:9 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 HQW/ORW). 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: 5 1. A permit application processing fee of $505.00 payable to NCDEQ. I 5 z. One onginai signea 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. I u....1lip Gi I.... cd pai t far $flip — the gone, i pa. gar; 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 copy and one electronic copy of recorded documents required by the original permit that 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. 4. 0&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 I 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. Y`! ' 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the L_.._ L__.- _ I •J_ l_ L_ approved piaii5 navo beef i pieviou5iy provided to L ie Division; ur A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or `t ❑ The project has not yet been built. ry 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 Ninspected, 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). https://www,sosnc.gov/online services/search/bv title/ Business Registration rCam; � oo .._Z _,, tE Z_ FEB 10 2022 BY: Stoonwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERM►TTEE'S CERTIFICA noN I, ( 06 ✓k AI+1 Ca0 ns , the person legally responsible for the permit, certify that I have a copy of the Permit and 0&M AgrWrient on site (or I will obtain a copy and it will be kept on site), that I am responsible for the perfonnance of the maintenance procedures, and the site has been and will be maintained according to the 0&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, SCM ership. Alll infolpWtion provided on this permit renewal application is, to the best of my Signatute: NOTARIZATION: Slter m l Date: k Z ( S 120'%i ":^t Diiblic fbf the St" c �f r, nor-K `Ran t; Nq County of Nn u� RctnoueC_ do hereby certify that ROWA P i° a DOS_ personally appeared before me this the 8 day of —�eOe m jcwe 20 Z j • and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, PV L �ry Seal) �F < Notary Public 9 New Hanover County FEB 10 1011 Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 i Permit No. ` (to be provided by DWO) `o+oP WATEgoG M NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. Project name Contact person Phone number Date Drainage area number Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-ht intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum volume required Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Trench Design Parameters Drawdown time Perforated pipe diameter Perforated pipe length Number of laterals Stone type (if used) Stone void ratio Stone is free of fines? Form SW401-Infiltration Trench-Rev.4 Fish PE 910-442.7870 27-Jun Lot 3C - Cart Path & Lot 14,662.00 h2 4,548.00 113 31.0% % 1.50 in 3.75 in 5.00 in/hr 0.33 ft3/sec 0.72 fts/sec 0.39 ft3/sec ft3 0 603.00 ft3 229.00 ft3 1,508.00 Its 1279.00 fts 1,319.00 ft3 OK La 6.00 in/hr 18.00 fmsl 0.02 days OK 24.00 in 156.00 It 1 #57 0.4 Y (Y or N) OK �\111111 // a SEAL 031315 _ Parts I. & II. Design Summary, Page 1 of 2 L • Permit No. (to be provided by DWO) Tremah Elevations Botl& elevation 20.00 fmsl OK Storage/overflow elevation n/a fmsl Top elevation 23.65 fmsl Trench Dimensions Length (long dimension) 162.63 it Width (shon dimension) 4.32 it Height (depth) 3.65 it OK Additional Information Maximum volume to each inlet into the trench? 0,22 ac-in OK Length of vegetative filter for overflow n/a ft OK Number of observation wells n/a OK Distance to structure n/a it OK Distance from surface waters n/a it OK Distance from water supply well(s) n/a it OK Separation from impervious soil layer 2.00 it OK Depth of naturally occuring soil above SHWT 2.00 It OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided n/a Form SW401-Infiltration Trench-Rev.4 Pans I. & II. Design Summary, Page 2 of 2 Permit No. (to be provided by DWQ) Trei Elevations BotIA elevation 20.00 first OK Storage/overflow elevation n/a fmsl Top elevation 23.65 fmsl Trench Dimensions Length (long dimension) 162.63 ft Width (shod dimension) 4.32 It Height (depth) 3.65 It OK Additional Information Maximum volume to each inlet into the trench? 0.22 ac-in OK Length of vegetative filter for overflow n/a it OK Number of observation wells n/a OK Distance to structure n/a it OK Distance from surface waters n/a ft OK Distance from water supply well(s) n/a ft OK Separation from impervious soil layer 2.00 it OK Depth of naturally occuring soil above SHWi 2.00 ft OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided n/a Form SW401-Infiltration Trench-nev.4 Parts I. & 11, Design Summary, Page 2 of 2 Permit (to be provided by DWO) ®�A Oo OF WATFgOG NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM r 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. Project name, Contact person Phone number Date Drainage area number Garry S. Pape, PE 910-442-7870 Lot 3C - Lot II. DESIGN INFORMATION Site Characteristics Drainage area 2,300.00 ft' Impervious area 2,300.00 it' Percent impervious 100.0% % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.75 in 1-yr, 24-hr intensity 5.00 in/hr Pre -development 1-yr, 24-hr discharge 0.06 ft'/sec Post -development 1-yr, 24-hr discharge 0.26 ft'/sec Pre/Post 1-yr, 24-hr peak flow control 0.20 ft'/sec Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1,5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum volume required Volume provided Soils Report Summary Soil type Infiltration rate SHWf elevation Trench Design Parameters Drawdown time Perforated pipe diameter Perforated pipe length Number of laterals Stone type (it used) Stone void ratio Stone is free of lines? ft3 h3 273.00 it 36.00 ft3 683.00 it 647.00 1t3 668.00 h3 La 6.00 in/hr 18.00 fmsl 0.01 days 24.00 in 38.00 it 2 #57 04 OK \II I I ir o\\ 9 :k SEAL 031315 OK :.,G, GINE�Q'� 61 �91I 1�1 P! — Y (Y or N) OK Form SW401-Infiltration Trench-Rov.4 Parts I. 8 II. Design Summary, Page 1 of 2 r Trench Elevations Bottom elevation 20.00 fmsl OK Storage/overflow elevation n/a fmsl Top elevation 23.65 fmsl Trench Dimensions Length (long dimension) 44.63 ft Width (short dimension) 8.04 ft Height (depth) 3.65 ft OK Additional Information Maximum volume to each inlet into the trench? 0.04 ac-in OK Length of vegetative filter for overflow n/a If OK Number of observation wells n/a OK Distance to structure n/a It OK Distance from surface waters n/a It OK Distance from water supply well(s) n/a If OK Separation from impervious soil layer 2.00 It OK Depth of naturally occuring soil above SHWT 2.00 it OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Trench wrapped with geotextile fabric? Y (Y or N) OK Pretreatment device provided n/a Permit (to bo provided by DWQ) Forrn SW401-Infiltration Trench-Rev.4 Pans I. 8 II. Design Summary, Page 2 or 2 Permit No. (to be provided by DWQ) o?gyp WniFyOG ®� STORMWATER MANAGEMENT PERMIT APPLICATION FORM g NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. Contact Person Phone Number Date Drainage Area Number Lucky Fish Subdivision Garry S. Pape, PE 910-442-7870 27-Jun Lot 3B II. DESIGN INFORMATION Site Characteristics Drainage area 19,931.00 ft2 Impervious area 5,899.00 it Percent impervious 29.60 % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.75 in 1-yr, 24-hr intensity 5.00 infhr Pre -development t-yr, 24-hr discharge 0.46 h3/sec Post -development 1-yr, 24-hr discharge 0.97 h3/sec Pre/Post 1-yr, 24-hr peak flow control 0.51 h3/sec Storage Volume: Non -SA Waters Minimum design volume required it Design volume provided ft3 Storage Volume: SA Waters 1.5" runoff volume 788.00 to Pre -development 1-yr, 24-hr runoff volume 311,00 It Post -development 1-yr, 24-hr runoff volume 1,971.00 it" Minimum required volume 1660.00 fit, Volume provided 3.566.00 ft3 OK Soils Report Summary Soil type La Infiltration rate 7.10 in/hr SHWielevation 23.50 fmsl Basin Design Parameters Drawdown time 0.02 days OK Basin side slopes 3.00 :1 OK Basin bottom elevation 26.80 first OK Storage elevation 28.00 fmsl Storage Surface Area 6,752.00 ftz Top elevation 28.00 fmsl Basin Bottom Dimensions Basin length 160.00 It Basin width 33.00 It Bottom Surface Area 3,114.00 fe SEALT/r9 031315 %, C cIGINtic. \� R� = v11 Form SW401-Infiltration Basin -Revs 11Apr2011 Parrs 1.811. Design Summary, Page 1 of 2 Permit No. (to be provided by DWO) Additional Information Maximum runoff to each inlet to the basin? 0.31 ac-in OK Length of vegetative filter for overflow n/a it OK Distance to structure n/a It OK Distance from surface waters n/a it OK Distance from water supply well(s) n/a It OK Separation from impervious soil layer n/a it OK Naturally occuring soil above shm 3.30 It OK Bottom covered with 4-in of clean sand? y (Y or N) OK Proposed drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) OK Bypass provided for larger storms? Ida (Y or N) OK Pretreatment device provided n/a Form SW401 Infiltration Basin-Pev.5 11Ap2011 Pans I. & ll. Design Summary, Page 2 of 2 Permit (to be provided by DWO) cF WATF9 ®�� CY % �p STORMWATER MANAGEMENT PERMIT APPLICATION FORM o NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 1/1) must be printed, filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project Name Lucky Fish Subdivision Contact Person Garry S. Pape, PE Phone Number 910.442.7670 Date 7-Aug Drainage Area Number Lot.3A IL DESIGN INFORMATION Site Characteristics Drainage area 15,810A0 ftz Impervious area 6,137.00 f? Percent impervious 38.82 % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.75 in 1-yr, 24-hr intensity 5.00 in/hr Pre -development 1-yr, 24-hr discharge 0.36 tt'/sec Post -development 1-yr, 24-hr discharge 0.89 ft'/sec Pre/Post 1-yr, 24-hr peak flow control 0.53 It'/sec Storage Volume: Non -SA Waters Minimum design volume required fta Design volume provided f13 Storage Volume: SA Waters 15" runoff volume 789.00 ft3 Pre -development 1-yr, 24-hr runoff volume 247.00 fta Post -development 1-yr, 24-hr runoff volume 1,973.00 ft' Minimum required volume Volume provided 1726.00 2,212.00 tis It' OK Solis Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area \� O��y Le&La �a ••q 7.10 in/hr — • a A = 24.60 tmsl = 03131 _ 0.03 days OK . sa :1 OK fmsl OK 1 Y 28.00 fmsl 3,027.00 it 2B.00 first 160.00 ft 14.00 it 500.00 hz Form SW401-Infiltration Basin -Revs 11Ap2011 Parts I. & II. Design Summary, Page 1 of 2 Permit No. ' ! (robe provided by DWO) •Additional Information Maximum runoff to each inlet to the basin? 0.24 ac-in OK Length of vegetative filter for overflow n/a it OK Distance to structure n/a It OK Distance from surface waters n/a It OK Distance from water supply well(s) n/a It OK Separation from impervious soil layer n/a it OK Naturally occuring soil above shwl 2.00 It OK Bottom covered With 4-in of clean sand? y (Y or N) OK Proposed drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Pretreatment device provided n/a Form SW401-Infiltration Basin-Rev.5 11Ap2011 Pans 1.811. Design Summary, Page 2 of 2 Permit No. (to be provided by DWQ) � O�OF WATFgOG ®TA, NC®ENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM o� 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information I, PROJECT INFORMATION Project name Lucky Fish Subdivision Contact person Garry S. Pape, PE Phone number 910-442-7870 Date 7-Aug Drainage area number Lot 2B II. DESIGN INFORMATION Site Characteristics Drainage area 16,084.00 tt2 Impervious area 5,773.00 ft2 Percent impervious 35.9% % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.75 in 1-yr, 24-hr intensity 5.00 in/hr Pre -development 1-yr, 24-hr discharge 0.37 fts/sec Post -development 1-yr, 24-hr discharge 0.87 ffe/sec Pre/Post 1-yr, 24-hr peak flow control 0.50 fte/sec Storage Volume: Non -SA Waters Minimum volume required ft3 Volume provided to Storage Volume: SA Waters it I l l l l y 1.5' runoff volume 750.00 to ����� C Pre -development 1-yr, 24-hr runoff volume 251.00 ft3 Post -development 1-yr, 24-hr runoff volume 1,875.00 its 2• 9 Minimum volume required 1624.00 tt3 = ;a SEA r. = Volume provided 1,876.00 tte OK = 031315 ; Soils Report Summary FN F.Q \� Soil type La �i��G'. GIN •Q \� Infiltration rate 6.00 in/hr YjIblJdr\N\ SHWT elevation 21.00 fmsl U 1/ Trench Design Parameters Drawdown time 0.03 days OK Perforated pipe diameter 24.00 in Perforated pipe length 116.00 It Number of laterals 2 Stone type (if used) #57 Stone void ratio 0.4 Slone is free of lines? Y (Y or N) OK Form SW401 dnflltration Trench-RevA Pans I. & II. Design Summary, Page 1 of 2 ' Permit No. Trench Elevations (to be provided by DWO) Bottom elevation 23.00 fmsl OK Storage/ovedlowelevation n/a fmsl Top elevation 26.65 fmsl Trench Dimensions Length (long dimension) 122.63 It Width (short dimension) 6.04 ft Height (depth) 3.65 It OK Additional Information Maximum volume to each inlet into the trench? 0.25 ac-in OK Length of vegetative filter for overflow n/a ft OK Number of observation wells n/a OK Distance to structure n/a ft OK Distance from surface waters n/a It OK Distance from water supply well(s) n/a It OK Separation from impervious soil layer 2.00 ft OK Depth of naturally occuring soil above SHWT 2.00 ft OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Trench wrapped with geolextile fabric? Y (Y or N) OK Pretreatment device provided n/a Form SW401-Infiltration Trench-Rev.4 Pans I. & II. Design Summary, Page 2 of 2 Permit No. (to be provided by DWD) AMO`,OF WAiFgOG NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. Project name Contact person Phone number Date Drainage area number 910-442-7870 7-Aug Lot 2A PE II. DESIGN INFORMATION Site Characteristics Drainage area 15,484.00 it' Impervious area 4,900.00 ftZ Percent impervious 31.6% % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum volume required Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Trench Design Parameters Drawdown time Perforated pipe diameter Perforated pipe length Number of laterals Stone type (if used) Stone void ratio Stone is free of fines? 3.75 in 5.00 in/hr 0.36 ft3/sec 0.78 ft3/sec 0.42 ft3/sec ft3 h3 648.00 b3 242.00 it3 1,620.00 113 1378.00 ft3 1,473.00 It' OK La 9.00 in/hr 21.50 fmsl 0.02 days 24.00 in 92.00 It 2 kri7 OK U.4 Y (Y or N) OK _ •n SEAL _ 031315 ; :vGINE RY S . PPQ\\�� Form SW401-Infiltration Trench-Rev.4 Parts I. 8 II. Design Summary, Page 1 of 2 Permit TrAich Elevations Bottom elevation 23.50 fmsl Storage%verflow elevation n/a fmsl Top elevation 27.15 fmsl Trench Dimensions Length (long dimension) 96.63 ft Width (short dimension) 8.04 it Height (depth) 3.65 it Additional Information Maximum volume to each inlet into the trench? 0.24 ac-in Length of vegetative filter for overflow n/a it Number of observation wells n/a Distance to structure n/a it Distance from surface waters n/a it Distance from water supply well(s) n/a it Separation from impervious soil layer 2.00 it Depth of naturally occuring soil above SHWT 2.00 it Bottom covered with 4-in of clean sand? Y (Y or N) Proposed drainage easement provided? Y (Y or N) Capures all runoff at ultimate build -out? Y (Y or N) Bypass provided for larger storms? n/a (Y or N) Trench wrapped with geotextile fabric? Y (Y or N) Pretreatment device provided n/a OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK (to be provided by DWD) Form SW401-Infiltration Trench.Rev.4 Parts I. & II. Design Summary, Page 2 of 2 r' Permit No. ' (to be provded by DWD) O?pp W Ar,, O AASTORMWATER MANAGEMENT PERMIT APPLICATION FORM o NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be tilled out, printed and submitted. The Required Items Checklist (Part ill) must be printed, filled out and submitted along with all of the required information. Project Name Contact Person Phone Number Date Drainage Area Number Lucky Fish Subdivision Garry S. Pape, PE 910-442.7870 C II, DESIGN INFORMATION Site Characteristics Drainage area 19,548.00 it2 Impervious area 5,932.00 ftz Percent impervious 30.35 Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Drawdowm time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area 3.75 In 5.00 in/hr 0.45 ft3/sec 0.96 ft3/sec 0.51 ft3/sec it h3 790.00 it3 305.00 It3 1,974.00 it' 1669.00 ft3 1,792.00 it3 OK La 7.90 in/hr 22.80 fmsl 0.02 days 3.00 :1 27.20 fmsl 28.00 fmsl 4,480.00 ft' 28.00 fmsl 330.00 it 19.00 it 2,278.00 ftc OK OK OK 2 'K 9 031315 'c�RR v sl.t ?P����t, Form SW401-Infiltration Sash -Revs 11Ap2011 Parts 1.811. Design Summary, Page 1 of 2 �1. Permit No. (to be provided by DINO) Additional Information Maximum runoff to each inlet to the basin? 0.30 ac-in OK Length of vegetative filter for overflow n/a it OK Distance to structure n/a it OK Distance from surface waters n/a it OK Distance from water supply well(s) Na it OK Separation from impervious soil layer n/a ft OK Naturally occuring soil above shwt 4.40 it OK Bottom covered with 4-in of clean sand? y (Y or N) OK Proposed drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Pretreatment device provided n/a Form SW401-Infiltration Basin-Rev.5 11Apr2011 Pans I. & II. Design Summary, Page 2 of 2 R Permit (to be provided by DWO) O2 pWATEgOL ®� STORMWATER MANAGEMENT PERMIT APPLICATION FORM o�C NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form most be filled out, printed and submitted. The Required Items Checklist (Part Ill) must be printed, filled out and submitted along with all of the required inlormation. I. PROJECT INFORMATION Project Name Lucky Fish Subdivision Contact Person Garry S. Pape, PE Phone Number 910-442-7870 Date Drainage Area Number II. DESIGN INFORMATION Site Characteristics Lot 1 A Drainage area 15,696.00 fit Impervious area 6,009.00 ftz Percent impervious 38.28 % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 3.75 in 1-yr, 24-hr intensity, 5.00 in/hr Pre -development 1-yr, 24-hr discharge 0.36 ft3/Sec Post -development 1-yr, 24-hr discharge 0.88 ft3/sec Pre/Post 1-yr, 24-hr peak flow control 0.52 ft3/sec Storage Volume: Non -SA Waters Minimum design volume required it Design volume provided ft3 Storage Volume: SA Waters 1.5' runoff volume 774.00 ft3 Pre -development 1-yr, 24-hr runoff volume 245.00 It Post -development 1-yr, 24-hr runoff volume 1,935.00 it, Minimum required volume 1690.00 its Volume provided 2,901.00 ft3 OK Soils Report Summary Soil type Le & La Infiltration rate 7.10 in/hr SHVIT elevation 24.50 fmsl Basin Design Parameters Drawdown time 0.02 days OK Basin side slopes 3.00 :1 OK Basin bottom elevation 26.50 fmsl OK �, E • �'J. �� Storage elevation 28.00 fmsl 4 SEA r' Storage Surface Area 4,846.00 ftz = 031315 Top elevation 28.00 Imsl _ Basin Bottom DimensionsBasin Basin wfdgh 1 h21.00 fl S Bottom Surface Area 1,401.00 ft2 /Q Form SW401-Inllltration Basin-Sev.5 11Apr2011 Pans I. & II. Design Summary, Page 1 of 2 ' Permit No. (to be provided by OWO) Additional Information Maximum runoff to each inlet to the basin? 0.24 ac'in OK Length of vegetative filter for overflow n/a it OK Distance to structure n/a it OK Distance from surface waters n/a it OK Distance from water supply well(s) n/a ft OK Separation from impervious soil layer n/a it OK Naturally occuring soil above shwl 2.00 it OK Bottom covered with 4-in of clean sand? y (Y or N) OK Proposed drainage easement provided? y. (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) OK Bypass provided for larger storms? n/a (Y or N) OK Pretreatment device provided n/a Form SW401-Infiltration Basin-Rev.5 11 Ap2011 Parts I. & It. Design Summary, Page 2 of 2 otme otormwater management oystems Permit No. SW8 060429 Lucky Fish Subdivision Stormwater Permit No. SW8 060429 New Hanover County Designer's Certification I, Ctf S. � _. as a duly registered ���� ��wl r in the State 6f North 'arolina, having been authorized to observe eri dicall eekly/full time) the construction of the project, La�y� (Project) for GCIJ I W6?- IL L (Project Owner) hereby state that, to the best of my abilities, care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Registration Number Date d 4 SEAL - : 031315 /R'4y S.pPQ �`.��c' j FEB 10 2022 the Architectural Control Committee of the Association established under Article VII of this Declaration. SECTION 4. Association shall mean and refer to LUCKY FISH SUBDIVISION HOA, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the nnnual benefit and protection of the Property. SECTION 5. Community floating Facility, Boat Slips or Docking Spaces shall have the same meaning and may be used interchangeably to mean the space in and above the water locoed in the Community Boating Facility adjacent to the Pages Creek for the docking of a boat, shown diagrammatically as four boat lifts and three 6' x 40' Floating docks - along with all walkways, retaining walls, bulkheads and appurtenances shown on the Pages Creek side of Lars 2A, 213 and 3C of the Subdivision, inclusive, on (lie plat or plats referred to above. SECTION 6. Common Area shall be used interchangeably to mean and refer to all land within the property owned by the Association, along with facilities and improvements erected or constructed thereon, for the use and enjoyment of the nrembers of the Association, including, without limitation, the Community Boating Facility, as shown on any map of LUCKY FISH SUBDIVISION recorded in the New Hanover County Registry. In addition, all private streets, water lines located outside public rights -of -way and individual lots, all sewer lines located outside public rights -of -way and individual lots, and public sanitary sewer easements where sewer lines serve the Property are declared to be Common Areas. Common Areas shall also include any landscaping, sidewalks, lighting, and irrigation located within the boundaries of any public roads. Said Common Areas shall be maintained by the Association, pursuant to the terms and conditions of this Declaration. The Declarant reserves, for itself and the Association, the right to convey water and sewer lines, facilities and easements to public authorities (when and if County or City water service becomes available to the subdivision) or In public utilities. Declarant reserves the right to alter and amend the recorded plats to amend, delete or relocate such Common Areas and facilities (except the Community Boating Facility) as Declarant, in its sole discretion, deems appropriate, SECTION 7. Common Expenses shall mean expenditures made by or financial liabilities of the Association, together with any allocations to reserves, and shall include, without limitation, the following: a. All sums lawfully assessed by the Association against its members. b Expenses of administration, maintenance, repair or replacement of the Common Areas, including, without limitation, the Community Boating Facility, private streets and bulkheads. c. Expenses declared to be common expenses by (he provisions of (his Declaration or the By-laws: d. Liability for such insurance premiums as the Declaration or By-laws may require the Association to purchase: c. Expenses agreed by (he members to be common expenses of the Association including but not limited to the maintenance and landscaping of yards and other areas which may be included within a lot. 1. Any ad valorem taxes and public assessments levied against the Common Areas. SECTION 8. Common Expense Liability means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise by law. SECTION 9. Common Profits shall mean and refer to the balance of all income, rents, profits and revenues of the Association remaining after the deduction of the common expenses or reserves therefore. Common profits shall not mean or include any sums lawfully assessed against members by the Association. SECTION III. Community Boating Facility shall mean and refer to all of (he property and facilities, including without limitation, piers, floating docks and boat lifts, located in the riparian corridor, that area located between Pages Creek and (he Lots designated as Loos 2A, 213 and 3C of LUCKY FISH SUBDIVISION and extending outward toward Pages Creek from the common area adjoining said numbered lots between the parallel lines designated as riparian lines to the Pages Creek, as shown on the plat or plats of LUCKY FISH SUBDIVISION, recorded or to he recorded in the Office of the Register of Decds of New Hanover County. SECTION 11. Declarant shall mean and refer to GCW PROPERTIES, LLC, and PAGES CREEK PROPFRTIES, LLC North Carolina Limited Liability Companies, their successors and assigns to whom the rights of Declarant are expressly transferred, or if such successors or assigns should acquire more than one undeveloped lot or undeveloped acreage for the purpose of development, or acquire title to the Property under a deed in lieu of foreclosure, judicial foreclosure, or foreclosure under power of sale contained in any deed of tmst or anyone otherwise denominated a "Declarant" who succeeds to any special Declarant right is thereby shall be deemed Declarant. SECTION 12. Declaration shall mean this instrument as it may be from time to time amended or supplemented. SECTION 13. Executive Board shall be used interchangeably with "Board of Directors" and shall mean the body, regardless of name, designated in the Declaration to act on behalf of the Association. SECTION 14. Lot shall mean and refer to one of those seven plots of land, shown as IA. IB, 2A, 213, 3A, 3B and 3C, other than the Common Area, designated on any recorded subdivision map of the Property and also includes any home that has been or may be constmcted thereon. The number of lots may be increased or decreased as determined by the Declarant in accordance with the provisions of this Declaration and local ordinances, rules and regulations. SECTION 15. Lot Owner and Owner shall he used interchangeably mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Property. Including contract sellers, but excluding those who have such interests merely as security for the performance of any obligation. SECTION 16. Member shall mean and refer to every person who is a member of the Association. SECTION 17. Membership shall mean and refer to the rights, privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each member of the Association. SECTION 18. Pearson shall mean and refer to an individual, corporation, partnership. association, trustee or other legal entity. SECTION 19. Planned Community shall mean and refer to the Property plus any Additional Property made a pan of the Planned Community. SECTION 20. Property shall mean and refer to all of LUCKY FISH SUBDIVISION as shown on any recorded plat thereof, as described in the preambles above, including, without limitation, Las I A through 3C, the Common Area, the Community Boating Facility and any of Additional Property that may hereafter he brought within the jurisdiction of the Association as herein provided. SECTION 21. Purchaser shall mean any Person, other than a Declarant or a Person in the business of selling real estate for the purchasers own account, who by means of a voluntary transfer acquires a legal or equitable interest in a lin. other than (if a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation. SECTION 22. Reasonable Attorneys' Pees means attorneys' fees reasonably incurred without regard to any limitations on attorneys' fees which otherwise may be allowed by law. SECTION 23. Riparian Rights. All riparian rights associated with the ownership of waterfront property associated with or applicable to the waterfront common area, including the right to construct and maintain improvements in the Community Boating Facility shall be held by the Declarant for the use and enjoyment of the Association and shall be conveyed to the Association as an appurtenance to the Common Areas. ARTICLE 11. PROPERTY RIGHTS SECTION I. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, if any, which shall be appunenam to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to until the number of guests of members. The Executive Board or Board of Directors, on behalf of the Association, as a Common Expense, may at all times keep the Common Areas and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terns and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. c. The Association may mortgage or convey the Common Areas, or dedicate or transfer all or part of the Common Areas, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided, however, that the Association may, without the consent of the Owners, grant casements over the Common Areas for drainage systems and public utilities servicing the Planned Community, and provided, further, that any conveyance or encumbrance of Common Areas shall be subject to any rights of ingress and egress to any [,of over private streets. d. The right of the Association to suspend file voting rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; e. The right of the Association to impose regulations for the use and enjoyment of the Common Areas, if any, and improvements thereon, which regulations may further restrict the use of the Common Areas. f. The right of the Association to charge reasonable fees for the use of the Common Areas and facilities by non-members of the Association. SECTION 2. Delegation of Use. Any owner may delegate in accordance with the Bylaws, his right of enjoyment of the Common Areas to the members of his family, his tenants, or contract purchasers, provided, however such delegate shall reside on the Property. SECTION 3. Maintenance of Common Areas. Maintenance of the Common Areas shall be the responsibility of the Association. SECTION 4. Parking Rights and Restrictions. Adequate off-street parking shall be provided by the Owner of each Lot for the parking of automobiles and other vehicles owned or controlled by such Owner, members of the Owner's family, guests or domestic employees of the Owner and tenants, and Owners (including family members and tenants) of the Lots covenant and agree not to park their automobiles, trucks, boats, trailers or other vehicles on the streets or Common Areas located on the Property. No trucks or other commercial vehicles greater than 3/4 ton and no boats or trailers shall be stored, housed or parked on the Property except within an enclosed garage. SECTION 5. Riparian Rights. No owners of Lots 2A, 2 B and 3C shall have Riparian Rights separate and apart from the Declarant's Riparian Rights which shall be conveyed to the Association as an appurtenance to the Common Areas. ARTICLE III OWNERS ASSOCIATION SECTION I. Formation of Association. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the propose of establishing an association for the Owners of Lots to operate and maintain the Common Areas and any Limited Common Areas in accordance with this Declaration, its Charter and Bylaws. SECTION 2. Membership. Every Owner of a lot in the Property shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lat. The Board of Directors may make reasonable rules regarding proof of ownership. SECTION 3. Voting Rights. The Association shall have two classes of voting Membership. Class A. Class A Members shall be all Owners, with the exception of the Declaring, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The votes for such Lat shall be exercised as they determine, but in no event shall the Owners of the Lot collectively be entitled nt cast more than one vote with respect to any Lon. Fractional voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member and shall be entitled to two (2) votes for each vote held by the Class A Members. The Class B Membership shall cease on the happening of any of the following events, whichever occurs earlier. a. when the Developer no longer owns any land within the Development, or b. upon the voluntary surrender of all Class B Membership by the holder thereof. The period (luring which there is Class B Membership is sometimes referred to herein as the "Declarant Control Period". SECTION 4. Government Permits. All duties, obligations, rights and privileges of the Declarant under any water, sewer, storm water and utility agreements, easements mid permits for the Planned Community with municipal or governmental agencies or public or private utility companies shall be the duties, rights, obligations and privileges the responsibility of the Association. ARTICLE IV. MANAGEMENT AND CONTROL. Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and the By -Laws; PROVIDED, HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the Declarant until such time as 6 of the lots in LUCKY FISH SUBDIVISION have been sold and conveyed by the Declarant to purchasers or until September I, 2015, whichever occurs first. Management and control may be transferred to the lot owners at any time but in all events, no later than 120 days after the happening of the earlier of the above events. ARTICLE V. COVENANTS FOR ASSESSMENTS SECTION I. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefrom, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: a. Annual assessments or charges: b. Special assessments for capital improvements, such assessments eo be established and collected as hereinafter provided; c. Insurance assessments: it. To the appropriate governing taxing authority, a pro rant share of ad valorem taxes levied against the Common Area, if any; and e. Working Capital Assessment, Such assessments shall be established and collected as hereafter provided. The annual, special and insurance assessments, together with interest, costs of collection thereof, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due, The personal obligations of :m owner for delinquent assessments shall not pass to his successors in title unless expressly assumed by them and then only with the consent of the Association. All assessments shall be shared equally by the owners of each lot. SECTION 2. Wrpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Property and for the improvement and maintenance of the Common Areas and all easements and utilities serving the Property, whether or not located on the Properly, and any amenities located on the Properly, The funds arising from said assessments or charges, may be used for any of foregoing including, without limitation, the following purposes: Maintenance and improvements of the Common Areas, drainage and utility casements and rights of way. drainage systems (including storm drainage facilities and systems) including drainage ditches and/or retention ponds, if any, serving the Property, whether or not located on the Property (and if not located on the Property the same shall be considered to be a part of the Planned Community for purposes of assessments); enforcing these covenants and restrictions and the rules of the Association; paying taxes, insurance premiums, legal and accounting fees and governmental charges; establishing working capital; paying dues and assessments to any organization or master association of which the Association is or shall become a member and in addition, doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order and to provide for the health, welfare and safety of Owners and residents of LUCKY FISH SUBDIVISION. SECTION 3. Amount of Annual Assessments. Maximum Annual Assessment. Until the end of Declarant Control, the maximum annual assessment shall not exceed Two 'Thousand Dollars ($2,000.00) per tut, the exact amount of which shall be determined from time to time as hereinafter provided. b. Increase by Association Board of Directors. From and after the date specified In subparagraph (a) above, the annual assessment which may be established effective January Is[ of' each year by the Board of Directors, may not be increased by more than twenty percent (20%) of the prior year's assessment without a vote of the Members as provided below. c. Increase by Members. From and after the date specified in subparagraph (a) above, the annual assessment may be increased by more than twenty percent (20%n) only by STATE OF NORTH CAROLINA SECOND AMENDED DECLARATION OF CONDITIONS AND RESTRICTIONS NEW HANOVER LUCKY FISH SUBDIVISION THIS DECLARATION, made the _ day of October, 2012, by GCW Properties, LLC, and Pages Creek Properties, I.I.C. North Carolina Limited Liability Companies (hereinafter called "DECLARANT") for the purposes hereinafter stated; WITNESSETH: WHEREAS, Declarunt is or was the owner of certain real property in Harnett Township, New Hanover County, North Carolina, (hereinafter referred to as the "Property") which is more particularly described as follows: All of that certain property in Lucky Fish Subdivision as shown on snaps recorded in Map Book 50 at Pages 113, 115, 117 and 119 in the New Hanover County Registry. WHEREAS, Declarant did file of record a certain Declaration of Covenants Conditions and Restrictions for said Properly on October 25, 2006 at Book 5097 Page 298 in the New Hanover County Registry ( the" Original Declaration") WHEREAS, Declarant, as the holder of at lead two thirds of the lots and pursuant to Aticle XIV, Section 8, did record an Amended Declaration of Covenants Conditions and Restrictions for said property on May 8, 2011 at Book 5562, Page 723, in the New Hanover County Registry; and now, in accordance with Article XIV, Section 8 (e), as Declarant in control of the Board, Declarant does desire to amend same to clarify certain provisions regarding maximum built upon areas on each lot, and to reaffirm its intent to subject the Property to this Second Amended Declaration, which restates, replaces and superccdes the Original and Amendcd Declaration. NOW,'fHEREFORE, Declarant hereby declares and affirms that all of the Properly described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act as set forth in Chapter 47F of the North Carolina General Statutes (tile "Act") as well as the following casements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall inn with the Property and be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, successors and assigns, and shall inure to tie benefit of each owner thereof. ARTICLE 1. DEFINITIONS SECTION 1. Additional Property. shall mean any properly adjacent to or within mile of the Property which is now owned or hereafter acquired by the Declarant for purp of development and is annexed to the Property, without the joinder or consent of the mein of the Association as hereinafter provided. SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each lot. SECTION 3. Architectural Control Committee (the "ACC") shall mean and refer to IL FEB 10 2022 an affirmative vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for such purpose. Written notice of said meeting, setting forth the purpose of the meeting, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. The limitation herein set forth shall not apply to any increase in assessments undertaken as an incident to a merger or consolidation. cf. Proposed Assessments. In proposing the annual assessment for any assessment year, the Board of Directors shall consider all current costs and expenses of the Association, any accrued debts and reserves for future needs. SECTION 4. Special Assessments for Capital Improvements. In addition to the annual assessments authmized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part; the cost of any construction, reconstruction, repairs or replacement of a capital improvement upon the Common Area, including fixtures amid personal property related thereto, and specifically including the water lines and systems within the project provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which, setting forth the purpose of the meeting, shall have been sent to all Members not less than shiny (30) days nor more than sixty (60) days in advance of the meeting. SECTION 5. Insurance. The Board of Directors on behalf of the Association, as a common expense, shall at all times keep the property of the Association, if any, insured against such perils, including, but not limited to directors' liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Property and Common Area. which insurance shall be payable in case of loss to the Association. SUCTION 6. Notice And Quorum For Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the last such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. The required quorum at the subsequent meeting shall be one-half ('h) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) clays following the preceding meeting. SECTION 7. Rate of Assessment. Both annual air(] special assessments shall be fixed at a uniform rate for all lots, on a per lot basis, and may be collected on a monthly, quarterly or annual basis as determined by the Board of Directors. Provided, however, the Association may differentiate in the amount of assessments charged when a reasonable basis (or distinction exists, such as between vacant Lots of record and Loris of record with completed structures (or which certificates of occupancy have been issued by the appropriate governmental authority, or when any other substantial difference as a ground of distinction exists between Las. However, Assessments must be fixed at a uniform rate for all Lots similarly situated, SECTION 8. Commencement of Assessments and Due Dales. The assessments provided for herein shall be paid in advance in monthly, quarterly or annual installments as determined by the Board of Directors and the payment of such assessments as to each Lot shall commence upon the date of conveyance to an Owner of a Lot from Declarant. The Hoard of Directors shall fix the amount of the annual assessments against each Lori al least ten (10) days in advance of each annual assessment period. Written notice of the annual assessment shall be set to every Owner subject thereto. The due date shall he established by the President. SECTION 9. Effect Of Nonpayment Of Assessments And Remedies Of The Association. Any assessment or portion thereof not paid when due shall be delinquent. Any assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate permitted by law. The Association may bring an action at law against the Owner personally obligated to pay the sane, or foreclose the lien against the Owners Lot, and, in either event, interest, costs and reasonable attorney's fees incurred in the prosecution of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided (or herein by non-use of the Common Areas or abandonment of the Lot. All unpaid installment payments of Assessments shall become immediately due and payable if any Owner fails to pay any installment within the time permitted. The Association may also establish and collect late fees for delinquent installments. SECTION 10. Subordination Of The Lien 'ro Mortgage. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessmems as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. SECTION 11. Certificate ol'Assessmenls. The Association shall upon demand at any lime furnish to any Owner liable for assessments a certificate setting forth whether said assessments have been paid or the amount outstanding, which certificate shall be conclusive evidence of the status of said assessments. A reasonable charge may be made for such service. SECTION 12. Working Capital Assessment. At the time title is conveyed to an owner by the Declarant, each Owner shall contribute to the Association as a working capital reserve an amount equal to two months' estimated annual assessment. Such funds shall be used for initial operating and capital expenses of the Association, including, without limitation, prepaid insurance, supplies and the Common Areas furnishings and equipment, etc. Amounts paid into the working capital fund are not to be considered as advance payment of regular assessments. Any working capital funds remaining at the end of the first full operating year shall be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors. ARTICLE VI. MAINTENANCE AND LANDSCAPING SECTION I. The Association shall contract for the landscaping, irrigation and maintenance of the Common Areas, signs and other improvements (except as otherwise provided herein) located within LUCKY FISH SUBDIVISION, except improvements on individual lots. The expense of providing such services shall be deemed a common expense and shall be shared equally by all Lot Owners as provided in ARTICLE V above. Each Lot Owner shall be responsible for the maintenance of his/her own Lou including maintenance of storm water management improvements located on each lot, and each dwelling on each lot and agrees to maintain the dwelling in a good and acceptable manner. SECTION 2, If, in the opinion of the Association, any Owner shall fail to maintain any lot or dwelling owned by him in a manner which is reasonably neat and orderly or shall fail to keep improvements constructed thereon in a state of repair so as not to he unsightly, all in the sole opinion of the Association, the Association in its discretion, by the affirmative vote of two-thirds (2/3) of the members of the Board of Directors, and following ten (10) days written notice to the Owner(s), may enter upon and make or cause to be made repairs to such improvements and perform such maintenance on the lot as the removal of trash. The Association shall have an easement onto and over each lot for the purpose of accomplishing the foregoing. The reasonable cost incurred by the Association in rendering all such services, plus a service charge o1' fifteen percent (15%) of such cost, shall be added to and become a part of the assessment to which such ],of is subject. SECTION 3. Notwithstanding anything to the contrary in this Declaration, it is hereby acknowledged and agreed that the Owners of Lot 2A shall, at Owners expense, be responsible for the maintenance of any landscaping on the berm/bluff located on Loa 2A regardless of whether the berm/bluff is located within a designated drainage easement. Neither the Declarant or the Lucky Fish Subdivision HOA will alter the berm/bluffon Lot 2A in any manner unless such alteration or modification are necessary to maintain reasonable standards of health or safety of Owners within the subdivision. ARTICLE VII ARCHITECTURAL CONTROL SUCTION I. Developer's Rights. All duties and responsibilities conferred upon the Architectural Control Committee (the "ACC") by this Declaration or the By-laws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any lot in the Properties or uny additions annexed thereto by Supplemental Declamation or Amendment to this Declaration. SF,CTION 2. Definitions. For purposes of this Article VII the following terms shall have the following meanings unless the context clearly requires a different meaning: a. "accessory building' means every detached garage, carport, tool shed, storage or utility building, well house, or other similar building constructed on a Lot which is not a dwelling; b. "buildings" means accessory buildings and dwellings; c. "dwelling" means a building constructed for single family residential use: d. "improvements or "structures" mean buildings and all walls, fences, bulkheads, decks, patios, planters, terraces, mail receptacles, swimming pools, tennis courts, storm water management improvements, or anything else constructed or placed on a Lot. SECTION 3. Reservations. The Declaring reserves the right to change, alter, or redesignate: roads, utility and drainage facilities, plus such other present and proposed amenities or facilities(olher than the Community Boating Facility) as may, in the sole judgment of the Declarant be necessary or desirable. SECTION 4. Variances, The ACC shall be empowered u) allow adjustments, consistent with local zoning ordinances, of the conditions and restrictions stated herein in order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations contained herein, provided, however, that such is done in conformity to the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustments of height, size, and setback requirements may be granted hereunder. SECTION 5. Development Concept. It is the express intention of the Declarant to maintain in this residential community a uniform plan of development that will blend with and not detract from the natural environment with respect to design, type and general appearance of the structures to be erected on the lots. The Declarant and the ACC shall develop conceptual guidelines and standards which shall be complied with by Property owners to obtain the approvals required below, Property owners are encouraged to have their architects contact the ACC prior to any costly design work for conceptional guidelines pertaining to the residential community. SECTION G. Approval of ]'tans. The proposed Site and Grading Plans: Building Plans and Specifications; Exterior Colors and Finishes; and Construction Schedule must be approved by the ACC. One (1) copy of all plans and related data shall be furnished to the ACC for its records. Until all of the above listed prerequisite plans are approved no improvements or structures shall be erected, placed, or altered on any residential lot. The material used, as well as the design, shall be subject to the prior written approval of the ACC. Neither the Declarant nor the ACC shall be responsible for any structural or other defects In plans and specifications submitted to it or any structure erected according to such plans and specifications. SECTION 7. Guidelines, a. The Site and Grading Plans should show the proposed location of each building, structure, driveway, parking area, other improvements, and proposed alterations to the physical characteristics of the site. The grade, elevation, or physical characteristics (including but not limited to slopes and tree growth) of any such lot shall not be altered in any way whatsoever without — written approval of the ACC based upon a Site or Grading Plan. The Site and Grading Plans shall not be in conflict with the Grading. Drainage, and Erosion Control Plan of LUCKY FISH SUBDIVISION recorded with the County. b. The ACC encourages the planting of flowering shrubs and trees: however, all tree removal or planting of trees, bushes, shrubs, grasses, or other vegetation whatever, shall be based upon a Site Plan, Landscaping Plan, or Planting Plan which has been submiued to and received written approval from the ACC. c. Upon the written request of a lot owner for approval of plans, the ACC shall have ten days within which to approve or disapprove plans. In the even of failure to approve or disapprove within 10 days. such approval will not be required provided the design of proposed building Is in harmony with the existing structures in this area. If the ACC approves the construction of such improvements, it shall issue a certificate evidencing such approval. d. Refusal or approval of any such plans or specifications may be based by the ACC upon grounds, including purely aesthetic and environmental considerations, that in the sole and absolute discretion of the ACC shall seem sufficient. e. Without the prior written consent of the ACC, no changes or deviations in or from such plans or specification as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, physical characteristics of any lot shall be made without like approval by the ACC. f. Upon completion of approved constriction, the ACC shall inspect the construction to insure that the approved Plans and samples have been complied with by the Owner. No structure may be occupied or used until the issuance by the ACC of a certificate of compliance. The certificate of compliance shall be issued by the ACC without fee; provided, however, that in the event that the ACC's first inspection of the construction reveals deviations or deficiencies from the approved Plans and samples, the ACC may charge a fee of $50 for every subsequent inspection which is necessary to insure compliance with the approved Plans and samples. Any such fee must be paid before the issuance of the compliance certificate. g. If the finished building or other structure dues not comply with the submitted plans and specifications, the Committee retains the right to make the necessary changes at owners expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. It. No house plans will be approved unless the proposed house shall have a minimum of 2500 square feel of enclosed dwelling area. The tern "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed heated and cooled area within a dwelling; provided, however, that such term does not include garages. terraces, decks, open porches, and like areas; provided further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". SECTION 8. Subdividing. No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the ACC. However, the ACC hereby expressly reserves to itself, its successors or assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include but not to be limited to the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replaued lots. ARTICLE Vlll. 10 UTILITIES SECTION I. Water Service. Water service for lots in LUCKY FISH SUBDIVISION shall be provided by a private well drilled or otherwise constructed on each lot at the owner's expense. SECTION 2. Sewage Disposal. Sewage disposal collection shall be provided by New Hanover County. All lot owners must tie into the New Hanover County Sewer System. All lap fees or other charges required by the County to connect individual lots to the County system will be the responsibility of each individual lot owner. ARTICLE IX COMMUNITY BOATING FACILITY SECTION I. Improvements and Alterations. Declarant has applied for and obtained all governmental permits required to construct a private boat dock facility designated as the "Community Boating Facility" as shown on the Boat Slip Assignment Sketch attached hereto and or the plat or plats of the Property recorded or to be recorded in the Office of the Register of Deeds of New Hanover County for the use and benefit of the members of the Association. SECTION 2. Floating Dock(s). The Declarant has constructed or caused to be constructed three (3) 6' x 40' floating docks and four boat lifts to serve as the Community Boating Facility. The Association shall have the responsibility to repair and maintain the floating docks and boat lifts, the costs of which shall be a common expense of the Association. SECTION 3. Assignment of Boat Slips or Docking Spaces. The Declaring shall assign a boat slip to each lot owner as appurtenant to the Lot and to membership in the Association. The boat slips so assigned may not he exchanged among the members of the Association. Declarant hereby assigns the following boat slips/lifts to the following enumerated lots: LOT SLIP IA I IB 3 2A 4 213 2 3A 6 floating dock 313 5 floating dock 3C 7 floating dock The designated slips are shown on a plan sketch, attached hereto, incorporated herein and designated " Boat Slip Assignment Sketch". Slips shall he assigned to each Lot and appurtenant to each Lot and evidenced by a Certificate of Boat Slip issued by the Lucky Fish Subdivision HOA. SECTION 4. Dock Boxes. There shall be no more than one (1) dock box per slip of such size, design and construction and in such location, as the Declaring or Board of Directors shall determine. No removal or change in location, size, design or construction will he made without the written consent of the Board of Directors; provided that any such approved removal or change shall be at the expense of the person seeking such removal or change. SECTION 5. Use of Boat Slips. No portion of the Community Boating Facility (the "Facility") or any boat slip may be used for any commercial purpose. The use and occupation of the Facility and all boat slips shall comply with all requirements of LAMA, Permit #137-06, (the `Permit") as the same may be amended, including, without limitation, the following: a. No boat lift may be occupied by boats over 26 feet in length or by boats with heads. No floating dock may be occupied by boats over 40 feet in length or by boats with heads. 11 �. No sewage, whether treated or untreated, shall be discharged from any boats using the facility. C. The Permit that authorizes this facility permits only those docks, piers and other structures and uses located in or over the waters specifically granted to the Pennitee. No other structure, whether floating or stationary, may become a permanent part of this Facility unless the Permit is properly modified. d. Non -water dependent uses may not be conducted in the Facility ARTICLE; X USE RESTRICTIONS SECTION I. Land Use And Building Type. No lot in or common area in LUCKY FISH SUBDIVISION shall be used for any purposes except for residential purposes other than the "Common Area" and the "Community Boating Facility" which may be used for recreational purposes. All numbered lots in LUCKY FISH SUBDIVISION shall be restricted for construction of single-family dwellings only. Any building erected, altered, placed or permitted to remain on any lot shall be subject to the provisions of Article VII of this Declaration relating to architectural control Different land use restrictions and architectural control guidelines may be established for adjoining properties developed by Declarant. SECTION 2. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, amend, publish and enforce reasonable rules and regulations concerning the use and enjoyment of the yards of each lot and Common Area. Any rules and regulations fot'n elated by the Association, along with all policy resolutions and policy actions taken by the Board of Directors of the Association, shall be recorded in a Book of Resolutions, which shall be maintained in a place convenient to the Owners and available to them fur inspection during normal business hours. SECTION 3. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, or upon the Common Areas, including the Community Boating Facility, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or aninmis, nor device or filing of any son whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property. In the neighborhood by the Owners thereof. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly or unkempt condition of buildings or grounds on such Lot, which would lend to substantially decrease the beauty of the neighborhood as a whole or the specific area. SECTION 4. Use of Property. Each Lot, building, the home thereon and the Common Areas shall be for the following uses and subject to the following restrictions, in addition to those set forth in the By -Laws: a. Nothing shall be kept and on activity shall be carried on in any building or home or on the Common Areas which will increase the rate of insurance. applicable to residential use, for the surrounding Properly or the contents thereof, b. No Owner shall do or keep anything, or cause or allow anything to be done or kept, in his home or in the Common Areas which will result in the cancellation of insurance on any portion of the Property, or the contents thereof, or which will be in violation of any law, ordinance, or regulation. c. No waste shall be committed on any portion of the Common Areas. d. All garbage receptacles, containers and enclosures shall be located so as not to he unsightly and said locations shall be as originally designated or constructed by Declarant or as approved by the Architectural Control Committee. e. No immoral, improper, offensive or unlawful use shall he made of the Property, or 12 any part thereof, and all valid laws, ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. 1. Nothing shall be done in or to any home or garage or in, to or upon any of the Common Areas which will impair the structural integrity of any building, home. garage or portion of the Common Areas or which would impair or alter the exterior of any building or portion thereof, except in the manner provided in this Declaration. g. No industry, business, trade, occupation or profession of any kind, whether commercial or otherwise, shall he conducted, maintained or permiued on any pan of the Property, except that the Declarant or its agents may use up to Iwo (2) homes at any given time as models or sales offices. The Association shall have the right, without any obligation, to permit certain home occupations to the extent that they comply with local zoning regulations, and to the extent that the Association can determine, in its sole discretion, and on a cases by case basis, which, if any, home occupations, would he consistent with scope and theme of the development. h. Except as may be required by municipal ordinance, and except as may be permitted by rules and regulations established by the Association in its discretion, no Owner shall display, or cause to allow to be displayed to public view any sign, placard, poster, billboard or identifying name or number upon any home, building or any portion of the Common Areas. 1. No person shall undertake, cause, or allow any alteration or construction In or upon any portion of the Common Areas except at the direction of and with the express whiten consent of the Association, or the Declarant. j. The Common Areas shall he used only for the purposes for which they are intended and reasonably suited and which are incidental to the use and occupancy of the homes, subject to any rules or regulations that may be adopted by the Association pursuant to its By -Laws. k. Owners shall be responsible for any damage done to any streets, roadways, access ways and Common Areas or property of other Owners within the Property which may be caused by any Owner, his agents, domestic employees, guests, licensees or invitees. The Association shall have an easement, if necessary, to repair or restore any such damages. The cost of repair or damages shall be added to and become a part of the assessment to which such Lot is subject. The Association shall have the authority to assess any Owner for such damage and such charge shall be added to and became part of the assessments to which such lot is subject and may be enforced in accordance with the provisions of Article V herein. All lots are subject to the rules and regulations promulgated by the Slate of North Carolina. concerning storm water runoff, as the same may be amended from time to time and the following conditions and restrictions shall apply: I. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SWR 060429, as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. Tlic State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stonnwater management permit. 3. These covenants are to run with the land and he binding on all persons and parties claiming them. 4. The covenants pertaining to stormwaler may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 13 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area per lot, in square feel, is as listed below: Lot # BUA lot ## I3UA Lot# BUA LOT OTHER LOT OTHER LOT OTHER IA 4300 1170) 2B 4500 11473 3B 4300 I522 I B 4 300 1 612 3A 4 470 1.667 3C 4 300 2548 2A 4 (10 0 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. 8. All runoff from the huill-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which (train to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the slormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. SECTION 5. Alterations. No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Areas except at the direction or with the express written consent of the Association. SECTION 6. Lease of Homes. No home shall be leased 1'or transient or hotel purposes. nor may any Owner lease less than the entire dwelling, nor shall any such lease be fix any period of less than six (6) months. Any lease must be in writing and must provide that the terns of the lease and occupancy of the dwelling sham be subject In all respect to the provisions of the Declaration of Covenants, Conditions and Restrictions and By -Laws of the Association and any failure by a lessee to comply with the terms of such documents shall be a default under the lease. ARTICLE XI EASEMENTS SECTION I. Walks, Drives, Cart Path, Parking Areas and Utilities. All of the Common Areas and any other areas of lots so designated shall be subject to a perpetual non- exclusive casement or casements in favor of all Lot Owners for their use and the use of their immediate families, guests, invitees, tenants or lessees for all proper and normal purposes and for ingress, egress and regress in and to such casements for private streets, driveways, walkways, cart paths, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television antenna lines and other public utilities as shall be established and specifically designated on any recorded plat of the properly prior to subjecting the Property to this Declaration by the Declarant or its predecessors in title. 'File Association shall have the power and authority to grant and to establish in, over, upon and across the Common Areas conveyed to it such further easements as are requisite for the convenient use and enjoyment of the properly. The easement and powers granted herein shall only apply to the specific easements shown on the recorded plats. SECTION 2. Reservation to Declarant. Every tan shall he subject to an casement for entry and encroachment by the Declaring or the Association for the purpose of correcting any problems that may arise regarding grading and drainage. The Declaring, upon making entry for such purpose, shall restore the affected Lot or Lots to as near the original condition as practicable. The cost of any corrections made by the Declaring made necessary or resulting from any actions or negligence ol'the Lot owner shall be the responsibility of the Lot owner. SECTION 3. Reservation for Lot 2B. Further, Declaring reserves the right to subject Lot 14 2B to a contract with a reputable well drilling company for the installation or improvement of a well for water and water lines for irrigation of landscaping in common areas including the Commtmily Boating Facility and electricity to same. The well, electricity and all maintenance costs are a common expense. SECTION 4. Emergencies. Every Lot and home shall be subject to an easement for entry by the Association or emergency personnel, including, without limitation, all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Areas in the performance of their duties for the purpose of correcting, repairing or alleviating any emergency condition which arises upon any Lot and/or Common Areas, and/or hone and which endangers any building or portion of the Compton Areas. SECTION 5. Utility Easements, Drainage Easements. Easements as necessary in the lands constituting the Common Areas and the rear, front and side ten feet of each lot for the installation and maintenance of utilities and drainage facilities; including the right of Declarant and the Association to go upon the ground with men and equipment to creel, maintain, inspect, repair and use electric, telephone and cable television lines, wires, cables, conduits, sewers, water stains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any additional Property recorded or to be recorded in the office of the Register of Deeds of New Hanover County; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to he necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to lake any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the owner of such Lot. No structures or plantings or other material shall be placed or permitted or remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the Ilow of water or which may damage or interfere with established slope ratios or create erosion problems. These easement areas (whether or not shown on the recorded plats for the Planned Community) and improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible. The easements herein granted and reserved include, without limitation, service easements for fire fighting, law enforcement, garbage collection and the delivering of mail. SECTION 6. Sewer Collection System Easement. An easement the installation, maintenance and operation of facilities to provide sanitary sewer services to all Lots is declared. All lots will be required to connect to the New Hanover County sewer system. SECTION 7. Community Boating Facility Access. The Declarant hereby grants to the Association for the benefit of the members, and their guests, in accordance with such rules and regulations as may be prescribed by the Association, a perpetual casement and right-of-way over can path running through the Common Areas and Lots 2B and 3C of LUCKY FISH SUBDIVISION as shown on the plot or plots thereof recorded or to be recorded in the New Hanover County Registry, for access, ingress and egress to the Community Boating Facility as shown on said plat(s). SECTION S. Declarant's Access Easement. Declaram hereby reserves unto itself, its successors and assigns, perpetual, alienable easements over all streets and Common Areas as necessary to provide drainage, access, ingress and egress, to adjacent properties in the event Declarant, its successors or assigns should acquire or develop any additional Properly, as hereinabove defined, or any properly adjacent to LUCKY FISH SUBDIVISION, whether or not such adjacent properly is annexed to this development as herein provided. SECTION 9. Landscaping and Maintenance Easement. An casement is hereby established in favor of the Declarant, the Association, their agents and assigns, over all Lots as may be required by this Declaration, for the purpose of providing and maintaining landscaping 15 on individual Lots only when a Ian Owner has failed to maintain his/her Ica as per Anicle VI and after written notice has been provided to the Owner and corrective action has not been taken, for installation and maintenance of irrigation lines and facilities, and for other activities reasonably relating to the installation and maintenance of improvements to the Property, including, without limitation, walls, signs, ponds and bulkheads, and maintenance, repair and improvement obligations as set forth in this Declaration, SECTION Ill. Entranceway, Perimeter Fence, Wall, Steps on Lot 2a. Declarant also reserves for itself and the Association, a perpetual easement and right, without any obligation, to construct and maintain an entranceway structure and/or sign at the entrance and to landscape the entranceway to the subdivision on that portion of Lots IA and 3A fronting on Canady Road and within the area shown as Lucky Fish lane as shown on the recorded plot of the subdivision. Declarant also reserves for itself and the Association, the right without any obligation, to construct and maintain a perimeter fence extending from the entrance to the subdivision along the perimeter of the subdivision along the rear of Lots 3A, 3B, 3C and 2A, IA and I on the recorded plat of the subdivision. For the purpose herein described, if an entranceway structure and/or fence is constructed, the same shall be maintained by the Association, as a common expense, and there is hereby created a perpetual easement in favor of the Association along the designated easement areas of lots IA and 3A, as shown on the recorded map of the subdivision for such purposes. Declarant further acknowledges and confirms that the steps located in the bean/bluff area of Lon 2A are not common area and are reserved for the private use of the Owners of Lon 2A. To the extent said steps encroach upon the Common Area, Declaram for itself and the Association hereby declares and reserves unto Lot 2A an easement in perpetuity for such encroachment, which shall run with the land and shall be binding upon the Common Area and all other Lots in the subdivision. SECTION 11. Assignment by Declarant. All water, sewer, land use, storm drainage facilities, stone water system and utility permits, agreements and easements between Declarant and any governmental agency or department or public or private utility company shall be assumed by the Association upon the recordation of a plat showing any real property located within the Property. The Association shall thereafter be responsible for and assume all duties, obligations. and rights and privileges of the Declarant under such permits, agreements and easements, including all maintenance responsibility, even if part of the water, sewer, land use, storm drainage facilities, smrm water system or utility areas covered by the permits, agreements and easements are not located within the Property. The Declarant shall assign all such permits to the Association to the extent allowed by law. SECTION 12. Nature of Easements. All casements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Property or any Additional Properly, or any part or portion thereof, regardless of whether or not reference is made In the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the casements and rights described in this Declaration ARTICLE XII RIGHTS OF INSTITUTIONAL LENDERS SECTION 1. Institutional Lender or "Institutional Lenders", as the terms are used herein, shall mean and refer to banks, savings and loan associations, savings banks, insurance companies. Veterans Administration, Federal Housing Authority, Federal National Mortgage Association and other reputable mortgage lenders and guarantors and insurers of such first mortgages. So long as any Institutional Lender or Institutional Lenders shall hold any mortgage upon anv Lot, or shall be the Owner of any Lot, such Institutional Lender or Institutional Leaders shall have the following rights: a. To be furnished with at least one copy of the Annual Financial Statement and Report of the Association, including a detailed statement of annual carrying charges or income collected and operating expenses, such financial statement and report to be furnished by April IS of each calendar year. 16 b. To be given notice by the Association of the call of any meeting of the membership to be held for the purpose of considering any proposed Amendment to the Declaration, or the Articles of Incorporation and By-laws of the Association, which notice shall state the nature of the amendment being proposed, and to be given permission to designate it representative to attend all such meetings. c. To he given notice of default in the payment of assessments by any owner of a lot encumbered by a mortgage held by the Institutional Lander or Institutional Lenders, such notice to be given in writing and to he sent to the principal office of such Institutional Lender or Institutional Lenders, or to the place which it or they may designate in writing to the Association. d. To inspect the books and records of the Association and the Declaration, By-laws and any Rules and Regulations during normal business hours, and to obtain copies thereof. e. To be given notice by the Association of any substantial damage to any part of the Common Areas. f. To be given notice by the Association if any portion of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority. SECTION 2. Notice to Activate, Whenever any Institutional Lender, guarantor or insurer desires the benefits of the provisions of this section requiring notice to be given or to be furnished it financial statement, such lender shall serve written notice of such tact upon the Association by registered mail or certified mail addressed to the Association and sent to its address staled herein, or to the address of the properly, identifying the lot upon which any such Institutional Lender or Institutional Lenders hold any mortgage or mortgages, or identifying any tot owned by them, or any of them, together with sufficient pertinent facts to identify any mortgage or mortgages which may be held by it or them, and which notice shall designate the place to which notices are to be given by the Association to such Institutional Lender. ARTICLE XIII ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Section 2 below, annexation of additional property shall require the assent of two-thirds (2/3) of the members at a meeting called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) clays in advance of the meeting. SECTION 2. If the Declarant its successors or assigns, shall develop any Additional Properties, said Additional Properties or any portion thereof may be annexed to said Properties without the assent of the members. Annexation provided for in this section shall become effective upon the tiling by the Declarant of a supplemental or amended declaration in the Office of the Register of Deeds of New Hanover County. ARTICLE XIV GENERAL PROVISIONS SECTION 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by tiny proceeding at law or In equity, all restrictions, conditions, covenants. Articles of Incorporation, Bylaws, Rules and Regulations, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or an Owner to enforce any covenant or restriction herein contained shall in no event he deemed a waiver of the right to do so thereafter. SECTION 2. Rules and Regulations. The Association may adopt and enforce reasonable rules and regulations not in conflict with the Declaration, to govern the use and enjoyment of the 17 Common Areas and facilities, including, without Limitation, the Community Boating Facility SECTION 3. Enforcement by Owner. Upon notice to the Association of a violation hereunder and a failure of the Association to take action upon said violation within 90 days. any Lot Owner may undertake the enforcement of the provisions of the Declaration at his own expense. SECTION 4. Enforcement Of Storm Water Runoff Regulations. The State of North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time. SECTION 5. Severabilily. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise ailed any other provisions which shall remain in full force and effect. SECTION 6. Lots Subject To Declaration. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to and shall comply with the provi- sions of the Declaration, and as the Declaration may be amended from tine m time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. SECTION 7. Duration. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot, as though such provisions were made a pan of each and every deed of conveyance or lease, for a tern of twenty (20) years from the date this Declaration is recorded, after which time they shall he automatically extended for successive periods of ten (10) years, unless sooner amended as elsewhere provided herein, or unless an instrument signed by the then Owners of two-thirds of the Lots in the Property, agreeing to change the Declaration in whole or in pan, is recorded in the New Hanover County Registry. SECTION R. Amendment of Declaration. Except as provided in SECTION 9 below, and elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by file duly authorized officers of the Association upon the vote of not less than two-thirds (2/3) of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public Improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant without the express written consent of Declarant. As a precondition to the effectiveness of any amendment affecting the rights of the Declarant, such amendment shad require the joinder of Declarant. All amendments shall be certified as an official act of the Association by the Secretary thereof and shall forthwith be recorded in the Mew Hanover County Registry. MI amendments shall become effective upon recordation. SECTION 9. Amendments by the Declarant. The following amendments may be effected by the Declaram, or the Board, as the case may be, without consent of the members: a. Prior to the sale of the first lot, this Declaration may be amended by the Declarant. b. The Declarant or the Board may amend this Declaration to correct any obvious error or inconsistency in drafting, typing or reproduction. c. The Declarant, so long as it shall retain control of the Association, shall have the right to amend this Declaration to conform to the requirements of any law or governmental agency having legal jurisdiction over the Property or to qualify the Property or any lots and improvements thereon (or mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the M substantial control of the United States Government or the State of Nonh Carolina, regarding purchase or sale of such lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of properly, including, without Imitation, ecological controls, construction standards, aesthetics. and mailers affecting the public health, safety and general welfare. A letter from an ol'licial of any such corporation or agency, including, without limitation, the Veterans Administration, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation. Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. of The Declaring, for so long as it shall retain control of the Association, and, thereafter, the Board of Directors, may amend this Declaration as shall be necessary, in its opinion, and without the consent of any owner, to qualify the Association or the Property, or any portion thereof, for tax-exempt status. e The Declarant for so long as it shall have control of the Board may amend this Declaration to include any platting change of the Property as permitted herein. SECTION 10. Conflict. In the event of any irreconcilable conflict between the Declaration and the By -Laws of the Association, the provisions of this Declaration shall control. In the event of any irreconcilable conflict between this Declaration and the Bylaws of the Association and the Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall control. SECTION 11. Consent and .Joinder of Mortgagee. Carolina Bank as Mortgagee of Declarant, holding certain Deed of Trust on the property, does, as evidenced by the Consent of Mortgage attached hereto, join in and consent to this Amended Declaration of Covenants, Conditions and Restrictions of Lucky Fish Subdivision. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed by its members who have set their hands and seals all as ol'the day and year first above written. GCW Properties, LLC Pages Creek Properties, LLC By: By: Manager Manager By: Manager Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 certify that the following person(s) personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose slated therein and in the capacity indicated: Name(s) q(principal(s) Witness my hand and official seal, this the day of October, 2012. My Commission Expires: 19 Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 certify that the following person(s) personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Narne(s) of principal(s) Witness my hand and official seal, this the _day of Oc(ober, 2012. My Commission Expires: Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 certify that the following persons) personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name(s) of principal(s) Witness my hand and official seal, this the day of October, 2012. My Commission Expires: Notary Public SPATE OF NOR"rH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name(s) of principal(s) Witness my hand and official seal, this the _ day of October, 2012. My Commission Expires: 20 Notary Public