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HomeMy WebLinkAboutSW8951020_CURRENT PERMIT_20220511 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Cl 5 10 2 O DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 o22 D S I I YYYYMMDD ROY COOPER Governor ELIZABETH S. BISER BRIAN WRENN Dfrector May 11, 2022 Birkdale at Landfall Association, Inc. Attn: Christopher Brown, President 1749 Drysdale Drive Wilmington, NC 28405 NORTH CAROLINA Envbro ntai Quality Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 951020 Birkdale at Landfall Association New Hanover County Dear Mr. Brown: 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 April 5, 2022. The Division is hereby notifying you that permit SW8951020 has been renewed, updated, and re -issued on May 11, 2022, as attached. 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 November 10, 2030 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.NCOAH.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, 9 Grev WD(,f X=Brian Wrenn, Director Division of Energy, Mineral and Land Resources welft rm Q-/ 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 i �� / 910.796.7215 d State Stormwater Permit No. SW8 951020 Page 2 of 2 Enclosures: Attachment A— Designer's Certification Form Attachment C — Permitting History Renewal Application Documents DES/ams: \\\Stormwater\Permits & Projects\I995\951020 HD\2022 05 permit 951020 cc: Jaymie McGuire; RPS Environmental; 309 Crowatan Road; Castle I Tyne, NC 28429 Wilmington Regional Office Stormwater File North Carolina Department of Environmental Quality I Division of Energy. Mneral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.7%.7215 Post -Construction Stormwater Management Permit No. SW8 951020 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Birkdale at Landfall Association, Inc. Birkdale at Landfall Association 1749 Drysdale Drive, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until November 10, 2030 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.4 on page 2 of this permit. The subdivision is permitted for 53 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.14 (f) of this permit. 3. 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 951020 4. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 22.42 Onsite, ft2: 906,048 Offsite, ft2: 70,567 b. Total Impervious Surfaces, ft2: 454,200 Lot BUA, ft2: 366,557 Roads/Parking, ft2: 83,287 Other, ft2: 4,356 Offsite, ft2: 0 C. Pond Design Depth, feet: 5 d. TSS removal efficiency: 90% e. Design Storm: 1" f. Permanent Pool Elevation, FMSL: 16 g. Permitted Surface Area @PP, ft2: 41,140 h. Permitted Storage Volume, ft3: 43,357 at temporary pool i. Storage Elevation, FMSL: 17 j. Predevelopment 1 year 24 hour, cfs: 26 k. Post development 1 year 24 hour, cis: 17 I. Controlling Orifice: YO pipe m. Permanent Pool Volume, ft3: 177,938 n. Forebay Volume, ft3: NE o. Maximum Fountain Horsepower: % hp p. Receiving Stream / River Basin: Graham Lake / Cape Fear q. Stream Index Number: NA r. Classification of Water Body: "Cl II. SCHEDULE OF COMPLIANCE The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 2. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 6. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Page 2 of 8 Post -Construction Stormwater Management Permit No. SW8 951020 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. 8. 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. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to allcomponents of the system must be available at all times. 10. Records of maintenance activities must be kept by the permittee. The records will indicate the bate, activity, name of person performing the work and what actions were taken. 11. The permittee shall submit to the Division an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 12. 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. 13. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. Page 3 of 8 Post -Construction Stormwater Management Permit No. SWB 951020 14. 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 951020, as issued by the Division under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, DEMLR. 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 listed in the table below: LOT # BUILT UPON (SF) LOT # BUILT UPON (SF) LOT # BUILT UPON (SF) LOT # BUILT UPON (SF) 1 10,477 15 9,574 29 7,047 43 5,513 2 6,790 16 8,611 30 8,645 44 5,426 3 6,354 17 5,903 31 6,166 45 5,972 4 6,362 18 5,952 32 6,081 46 6,223 5 6,413 19 1 7,053 33 6,144 47 7,996 6 6,574 20 6,775 34 6,206 48 7,442 7 6,995 21 6,369 35 6,231 49 6,449 8 7,256 22 10,643 36 7,191 50 6,753 9 8,048 23 11,889 37 5,858 51 5,989 10 6,523 24 7,543 38 6,025 52 5,664 11 6,0 25 7,536 39 6,502 53 7,712 12 6,47786 26 6,942 40 6,433 13 6,331 27 5,837 41 6,174 14 6,049 28 6,492 42 5,763 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. i. If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BLIA. 15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 4 of 8 Post -Construction Stormwater Management Permit No. SW8 951020 16. Decorative spray fountains are allowed in the pond, subject to the following criteria: a. The minimum permanent pool volume is 30,000 cubic feet. b. The fountain must draw its water from less than 2' below the permanent pool surface. C. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. d. The fountain may not be placed into the forebay. e. The falling water from the fountain must be centered in the main pond, away from the shoreline. f. The maximum horsepower for a fountain in this pond is 3/4 horsepower. 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; 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. Page 5 of 8 Post -Construction Stormwater Management Permit No. SW8 951020 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 11th day of May 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION —Brian Wrenn, 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 951020 Birkdale at Landfall Association Page 1 of 2 Stormwater Permit No. SW8 951020 New Hanover Countv 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 a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 Post -Construction Stormwater Management Permit No. SW8 951020 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built - upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDEQ-DEMLR Wilmington Regional Office New Hanover County Building Inspections Page 8 of 8 Attachment C - Permitting History Birkdale at Landfall Association Permit No. SW8 951020 Approval Date Permit Action BIMS Version Description of the Changes 8/14/1996 Original Approval 10 11/10/2008 Renewal 2.0 5/1 1/2022 Renewal 3.0 Expires November 10, 2030 Permit Number: J t ✓C> SJ / 0 a O (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not This system (check one): ❑ does 9 does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minin„zed to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential roblem:lapproximately w I will remediate the roblem: The entire BMP Trash/debris is resenove the trash debris. The perimeter of the wet detention basin Areas of bare soil andrade erosive gullies have foove the soil if necessary to the gully, and then plant a und cover and water until it is blished. Provide lime and a -time fertilizer application, Vegetation is too shortntain Ion vegetation at a height of six inches. 0 Cn as Form SW401-Wet Detention Basin O&M-Rev.3 Page 1 of 4 Permit Number: SL�/O / S / 0 aQ (to be provided by DWQ) Drainage Area Number: BMP element Potentialproblem: How I will remediate theproblem: The inlet device: pipe or swale The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessaryto swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin O&M-Rev.3 Page 2 of 4 Permit Number: S W g 9 S) 0 Z o (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.75 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.75 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 16.0 12_25 Pe anen Pool Volume Sediment Removal Elevation 12_25 Volume L- Min. - ------------------------------------------ ------ Sediment Bottom Elevation 11.0 1-ft 4 Storage Sedimei Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.3 Page 3 of 4 Permit Number: 509 /S/0 (�_o (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 nante:1, z1,?&4 %lIE A ! I_Z BMP drainage area number: Printname: ! �, ��u✓> Signature: 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 S Q 1nkn6Yh ��C�� - a Notary Public for the State of l_Qfkkh IQkdt a a , County of _Ozy_ ,n <c,> � cA , do hereby certify that Rhk�� Q)LOd-+ personally appeared before me this I_ day of(^( CCm. - 2_c:�, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, ,%0. r\ i r i s i e r e err: ryr .r�rY::l: kbi: ii il:\ii� a •: SEAL My commission expires -MM [ h (I 2D i'� Form SW401-Wet Detention Basin O&M-Rev.3 Page 4 of 4 DEMLR USE ONLY Data ce d Fee Peld Permit Number 5 a a o 090 STATE STORMWATER: PERMIT INFORMATION UPDATE APPLICATION FORM There Is NO FEE for updating project name orpermittee Informadon. This fort Is to only to be used by the current permittee to no* the Division of f) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA); 2) changes to the mailing address, phone number or small address of the current permillee; 3) changes to the name of the project and 4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS. A. NEW PERMIT INFORMATION State Stormwater Permit Number. SW8951020 !- -0Ity. re you updng (check ck all that apply): If so, please provide the updated Information: ❑ Project name _ ❑ Corporation Name' _ ® Permit Contact Name' _CHRISTOPHER M. BROWN ® Permit Contact Title _ HOA Board President of Birkdale at Landfall Association ® Mailing Address' _CIO Landfall COA 1749 Drysdale Dr. Wilmington NC 28405 ® Phone number _6712147771 ® Email address _president.blrkdalehoa@gmail.com ' Provide documentation such as a Name Change / Merger filed with the NCSOS. 2 Provide supporting documentation such as NCSOS filing. The permit contacts position must be in accordance with 15A NCAC 02H .1040M 1. J if more than one pointof contact or maiing address is being changed, please attach a separate sheet. . B. CERTIFICATION OF PERMITTEE 1 CHRISTOPHER M. BROWN the current perm hereby notify DEMLR that I am maldng the changes as listed In Section A above b er attest that this appJ(Catlo� r a update to the permit Into,,, currently on file Is accurate and complete to of qly knowledge. , Ij % County of f% ui 141AAI(dT16Z do hereby certify that Na STD E2 . ;3/z& ikz personally appeared before me this the 174 day of tq9PT6.htB6Je20& and admowledge the due exec utlon of the forgoing Instrument. Witness my hand and official seal, (Notary seal) Rabble A Morgan Now Notary Slgneture Nam t m Mica EvirefteJAZ17-20 My commission expires _ 1 Stormwatdr Permit Information Update Form Page 1 of 1 May 11, 2017 DEMLR USE ONLY Data Re I d Fee Paid Permit Number Sul v,;)U STATE STORMWATER: PERMIT INFORMATION UPDATE APPLICATION FORM There Is NO FEE for updating pmJect name or permlRee Information. e y 10 2021 d This fam Is to only to be used by the current pemrlitee to notify the Division Of.' 1) changes to the Point of Contact (signing official) for the current panntee (LLC, Corporation, HOA or POA)\� 2) changes to the mailing address, phone number or email address of Me current permRtee; 3) changes to the name of the project, and 4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS. A. NEW PERMIT INFORMATION State Stormwater Permit Number. SW8951020 Are you updating (check all that apply): If so, please provide the updated Information: ❑ Project name _ ❑ Corporation Name' ® Permit Contact Name' •3 CHRISTOPHER M. BROWN ® Permit Contact Title _ HOA Board President of Birkdale at Landfall Association ® Mailing Address' _cto Landfall COA 1749 Drysdale Dr. Wilmington NC 28405 ® Phone number 5712147771 ® Email address _president.birkdalehoa®gmail.com Provide documentation such as a Name Change /Merger filed with the NCSOS. Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accoidance with 15A NCAC 02H .104001. If more than one point of contact or mailing address Is being changed, please attach a separate sheet. . B. CERTIFICATION OF PERMITTEE 1, CHRISTOPHER M. BROWN - the current permlitswL hereby notify DEMLR that I am maldng the changes as listed In Section A above.)4urjher attest that this app 11 n r a update to the permit Information currently on file is accurate and complete to t¢6 boAof my knowledge. , � 4 Signature: ZZ L C/►_ `/VI l %Date:) �`OL �% � I, O Bl3( E 4.ylor2Gta —,a Notary Public for the State of / ok-r fiQOL j/VA County of /y&J AIAW6 F,7, do hereby certify that 1 JP15r0PNFz personalty appeared before me this the L4 day of L q 49PTfAAAQe20 ,and acknowledge the due execution of the forgoing Instrument. Witness my hand and official seal, (Notary Seal) iftw bblea Morgan t Hanow cm Notary Signature Narm y -20 My commission expires o� A Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017 .L UtMLH UJt UNLY It Dale R ceiv d Fee Paid Permit Number as 07 — u�g ioao NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 951020 2. Project name: BIRKDALE A,r LANDFALL POND 3. Project street address: 1749 DRYSDALE DRIVE City: WILMINGTON County: NEW HANOVER ZIP: 28405 4. What, if any, changes have been made to the project as permitted? NONE 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/energy- mineral-land-resources/energy-m ineral-land-rules/stormwater-program/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at https://deg.nc.gov/about/divisions/energy-mineral-land- resources/enerav-mineral-land-rules/stormwater-Droaram/post-construction. State Stormwater Permits do not property. 1. Current Permit Holder's Company Name/Organization: BIRKDALE AT LANDFALL ASSOCIATION, 2. Signing Official's Name: CHRISTOPHER BROWN 3. Signing Official's Title: PRESIDENT 4. Mailing Address: 1749 DRYSDALE DRIVE APR 0 5 2022 b ,I BY: City: WILMINGTON State: NC ZIP: 28405 5. Street Address: 1749 DRYSDALE DRIVE City: WILMINGTON State: NC ZIP 28405 6. Phone: (910) 256-7604 Email: MAI NTENANCEOLAN DFALL.ORG 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: 1. A permit application processing fee of $505.00 payable to NCDEQ. �. 2. A, 4. 5. nk4AJ T One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. 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. O&M Agreements, Please select one: F2' 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. Designer Certifications, Please select one: A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration APR 0 5 2022 Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION C 421 S-MP AeE M the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and!J9 submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or qwfiYrship. All information pr i ed on this permit renewal application is, to the best of my knowledge, corr ryGomplete. n /J NOTARIZATION: that 1 this the day of a Notary Public for the State of County of Muo pAmoyLk , do hereby certify execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature: My commission expires 1 —1% o2DaC personally appeared before me 20_24,'�,_, and acknowledge the due 14abWe :Q!;� New FlenStae of N rayCommissbn F_ APR 0 5 2022 BY.•_ Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 j �w Birkdale at Landfall Stormwater Project No. SW8 951020 New Hanover County Engineer's Certification TE 08010 State Stormwater Management Systems Permit No. SW8 951020 in vl I, Phillip G. Tripp , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (period icallyAveekly/#dll time) the construction of the project, Birkdale at Landfall (Project) for Mark Johnson (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 specifications: Signature Registration Number Date RECEI'��� OCT 1 '8 1008 By; IAR A0� ..��. � FESS/0y;/2 'fit 9 rt. 1. S ,�\ait�1111Fee,, r��``Vh11i V �:�•�� `` 1. ti State Stormwater Management Systems Permit No. SW8 951020 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. �3. All the built -upon area associated with the project is graded such that the runoff drains to the system. � 4. All roof drains are located such that the runoff is directed into the system. —0-5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. q7. Trash rack is provided on the outlet/bypass structure. AS. all slopes are grassed with permanent vegetation. —01-9. Vegetated slopes are no steeper than 3:1. 110. The inlets are located per the approved plans and do not cause short circuiting of the system. IM11. The permitted amounts of surface area and/or volume have been provided. 9-12. Required drawdown devices are correctly sized per the approved plans. _W13. All required design depths are provided. _OE14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. X15. The required dimensions of the system are provided, per the approved plan. y - BGOR r•••` •7— 15 fog 20 STA rE OF NORTH CAROLINA DESECS COUNTY OF NEW IIANOYER CONDITIONS fIIONS AND FOR NC AND BIRKDALE AT LANDFALL THIS DECLARATION, made this cj5n day of gJ 611 1996, by BIRKDALE LIMITED PARTNERSHIP, a North Canrlim Limited Partnership, (•DccLu=-). WITNESSETH: WHEREAS, the Declarant is the owner of tenain Property in New Hanover Coumy. North Carol a. mown as BIRKDALE AT LANDFALL, as the same is more particularly shown on a plat thereof recorded in Map Boot :It_ at Pagessi-_Sy of die New Hamver County Registry Idle 'Property'): and WHEREAS, Declanm desires to subject said Property to certain protective covenants, conditions. restrictlau, liens and chuM as hereinafter an forth for the mutual benefit of Declarant and su®eding property arms and dmics; that said covenants, cordiuoos, restrictions, liens and clurges inn with the land and be binding upon the Declarant, its successors and assigns. NOW, THEREFORE, the Declaracct hereby declares that all of the Property described above shall be held. sold and conveyed subject to the following easements, restrictions, covenants and conditions. all of which are for the purpose of enhancing and protecting the value. desirability and attractiveness of the Property and which shall inn with the Property and shall be binding on all panics having or acquiring any right, title or interest in die described Property or any pan detect, and shall inure to the benefit of each owner thereof. ARTICLE 1 Definitions Section 1: "Association' shall mean and refer to Birtdale Homeowners' Association, a North Carolina non-profit corporation, is successors and assigns. Section2: 'Be" of Directors" or "Board" means daze persons ekcied or appointed and acting collectively as the Directnrs of the Association. Section 3: "Building' shall mean and refer to a home and associated garage constructed or erected on a lot shown on a recorded map of the Property. Section 4: -By-Laws" mean the by-laws of the Association as they now or may hereinafter exist. 433678 BOOK PACE 2a�2 oa�s StavQn S: 'Heroic' stall mean and refer In a duxached. fice mmbng dwelling or place of mudeoee and attached or derachrd garage constructed upon a lot within the property. Srasiun4: 'Casson Ares' shall mean and refer to all hod within the Property owed by the Association. along with hcflmu and imgovements erected or constructed shown. ter the use and enjoyment of de member of die Association as shown on the map of BAdale at I —1fall recorded in Alap Book _ at Page, _ of the New Hanover County Registry. b addition. all Privm strops, water lines Woad outside public nglin-of-way and individual lot all sewer lines Mated outside public rights -of -way. public sminry xry easements and individual ear, which woes or sewer lim serve die property are dxhrod m be commie area- Said common area shall be maims by de Associadm unless and until potions thereof arc turned over to the Council. as hereafter defined. pursuant to the terms and conditions of the Det luadm and Annexation. Dedh-am rexnxs the right to alter and amend the recorded Map to amend, delete or relocate common areas and facilities as Declaran4 in its sole discretion, deems appropriate. Ste: 'Co®®oo Espy' shall mean and include: a. All sums lawfully assessed by the Association against its members; b. Expenses of ad miniwntion. maintenance. repair or replacement of the common areas- private greets, ponds and bulkheads; and nor paid as a pan of the Shared Common Expenses. as hereafter defined; C. Expenses declared to be common expenses by the Provisions of this Declaration or the By-laws; d. liability for such other insurance premium as tine Declaratiwi or By- laws may require the Association to purchase; C. Expenses agreed by the members to be common "peons of she, Association including but not limed n the maintenance and landscaping of yards and oilier areas which may be included within a lax; Common Areas. f. Any ad valorem taxes and public assessments levied against The g. Shared Carman Expense asmssunenn imposed by the Council as set fonh in Paragraph 7 of the Declaration and Annexation. BGOK �J72 nn�G SCLlio 8 : -Cotes Prafls- shall mean and refer to the balance of all i aKoe. rcntt Profits and tnvtx= d the Assnvrim remaining after the dcmc000 of the common expenses a reser es therefor. Common plotits shall our mean or mChr& any sums lawfully assessed agaisw members by the Associatim. Sou 7-Csmtd' shall reran The Landfall Council of Association, bae., a North Catdion non-Prndt Corporation. its 9suessm and assigns. SOMQR l4= -De clarast- shall man and refer tn BIRKDALE UMr ED PAMER- SHIP_ a North Carolina Limited Partnership. its sumrson and assigns to whoa the rights of DeCL'not are upresdy transferred, or if such socossors or assigns should acptim mo: than one undeveloped lot or undeveloped acreW for the purpose of deve lopmeat, or acquire tick tn the Praperty under a deed in lieu of foreclosure, judicial forecbwre, Of fooslosure under power of ale comamed m any deed of trust or anyoee otherwise denominated a 'DI-1-am' thereby shall be deemed Declarant. SCEhon I I: The-Declxatioo and Annesrtion• shall mean the Declaaioo of Covenants, Conditions and Qwrw-no . and Am n"""'On tn Master Cmss-Ames Easement and hlaimen" a Agmcmmt dated as of December 22. 1993 which is recorded in Book 1732, Page 912 of the New Hanover County Registry, as it may be amended from time to time. Suaiun'2: •DdWboo- shall man the Dekgatioo of Powers and Amboriry dared as of March 16. 1992 which is recorded in Boric 1594, Page '476 of the New Hanover County Registry, as it may be amended from time to time. St"lisn 11: '"' Shall mean and refer to those 53 pima of land, other than the Common area. designated on the recorded subdivision map referred to above and Upon which a home: has been Or may be cauwned. The number of leas may be inereaaed or decreased as determined by ._ the Declarant in accordance with the provisions of this Declaration. Section i4: 'Masser Easement- shall mean the Master Cross -Access Easement and Maintenance Agreement dated as of October 22, 1990 which is recorded in Book 1515, Page 1583 of the New Hanover County Registry, as amended from time to Time. 511110111 Li: "Member* shall mean and refer to every person who is a member of the Association. DUWR 1012 0037 SSs19m ,14: '00111rr- shall reran and refer to time record ownrs- whether one or more perscot or entities, of a fee simpk tide to any for which is a pan of the Prop". including contract sellers. but excluding those who have such inw'us merely as Wurity for the performance of any obligation. Scuion 17: 'Peru=- shall mean and refer to an iodiviAd. ompo xLjM partnership. associmoo. trustee or other iMd emiry. Stxli�l@: 'Property- sirup mean and refer m thus certain read property, sb wn On that plot referred to above. 5saQn12: 'Shared Common Areas- shall mean the areas. facilities and scrvi= defined as Shared Common Area and facilities in the moister Easement. S 'Shared Comm Evema- shall meats those expenses defined and identified as Shared Common Expenses in tie Maser Fasrment� ARTICLE n Provelty Rights Sscsion 1: 0wme's Eased of Enjoyment Every Owner still have a right to and rascomt of enjoyment in and to the Common Areas which dull be appurtenant to and shall pass with the tide to every designated lot. subject to each of the following provisions: a The right of time Association tn limit the number of guess of members. b. The rig" of the Association, in aaordvrtce with its Articles and By- laws, to borrow money for the purpass of improving the Common Areas and facilities and in aid thereof to mortgage said Property, and the rights of such mortgagee in said properties dull be subordinate to the rights of the, lot owners hereunder. C. The right of the Association to suspend the voting rights and rights to the use of the Common Areas and facilities (except srects) by a member, or any person to whom he has delegated his voting right, for any period not to exceed sixty (fro) days for an infraction of its published rules and regulations. d. Those casements as provided in ARTICLE IX herein. C. The right of the Council tn exercise the powers and authority set out in the Delegation as to lots and Common Areas. 4 Booty 2072 D038 Soc7ion : De W"OR 01 Ust: Any owner may dekgalt in accordance with the By Laws. his new of e+goy mem a the Common Antis D the members of his tamily, bis tcoaoos a contract purchasers. Provided• evety such dekgatee still reside m the Pmperty. Smug": blaetnaace of Conmem Areas TLC Declarant herby covetiam for itself- its sMumesmrs and assigns• thin Haan; of certain of the Common Areas• shall be trarsfaeed D the Cmrct prmnam D the terms and omdidaoas of the 111clatatian and A tomation. The Association shall be reslrmsibk for soy Common Amu net Maintained by the Council - Section 4: Parma Rights and Restrictimm Adequaoe off-strntt puking stall be provided by- the owner of each lot for the parking of Witimobiles and other vehicles owned or co molkd by such owner. members of die owner's family or employees of the owner and tenants, and owners (mchhdng family members and tents) of the loin awsvam and agree oat to pork their attomobilm vucks. boats, trailers and other vehicles on the stoats a Common Areas located on the PmPNY- No trucks. boats, uailers or commercial vehicles shall be stored- houssd or parked on the Properay except within an enclosed prage- ARTICLE m Membership Every person who is record owner of a fee or undivided fee interest in any hat wW is subject by covenants of record D assessment by the AssociA mi, including contract sellers, but excluding persons who hold an turaest merdy as security for the Performance of any oblip000s, shall be a member of the Associarion. ownership of such interest shall be the sole galifiation for arch membership. There shall be only one volt per lot in such Association. Membership shall be appurtenant D and may not be separated from ownership of any lot which is subject D assessment. TLe Board of Directors may make reasonable mks regarding Proof of ownership. ARTICIE IV Voting Rights S=IgOn 1: Classes: TLC Association shall have the following two chases of voting membership: a- Class A: Class A members shall be all owners, with the except= of the Declarant. Class A members shall be entitled to one vote for each lot owned. When more than one Person holds an interest in any lot all such persons shall be members. The vote for such BOOK PACE 2072 BD39 Ia shall be exm-twd as the owners thereof &--ermine, but in no even shall more than am vote be cart with respect to any la. and oa fraaiooal me may be can with tr�pect to any Io. b. S. ASLR: The ClassB n e r shall be rbe Dochuam. am it rbaB be amtkd to duce (3) totes far each la in wtirL it holds a foe or undivided fee ine. pMXjM LM the Class B membership shall one and stall be converted to Chss A membership upon the happening of either of the following events. whichever occurs earlier: 11) When the total votes autsuoding in Class A membership equal the tot vats outstandhng in Class B membership: 1'_) The fourth anniversary of moordation of this Declaration. ARTICIE V Cavmmd for Asscssntmts S=QLL1: Creation of the lam and PWoaal Ohffinn of AsstssMents: The DedarAm for each lot owned within the Property, hereby covenants, and every other Owner of any la by acceptance: of a deed therefor. whether or nee it shall be so expressed in any such deed or Other conveyance, is deemed to rwveramt and agree to pay to die Association: a. Annual assessments or charges; b- Special ass -nth for Capit improvements. Such ammems shall be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon, costs of collection thereof, and reasonable atmmeys' fees as may be established by the Association. shall be a charge on the land and shall be a continuing lien upon the lot and improvanems against which each such assessment is made. Each such assessment. Iogerher with such interest and Coss and reasonable attorneys, fees, shall also be the personal obligation of the person who was the owner of Ute lot at the time the assessment became due. The personal Obligations of an owner for delinquent assessments shall not Pus to his successors in title unless expressly assumed by them and then only with the consent of the Association. All assessmenhts shall be shared equally by the owners of each lot. Section.2: Purpose of A The asm-Ments levied by the Association shall be used exclusively for promoting the recreation, health, safety and welfare of the residents and B00A PACE ^072 D0L! the Prvyrny: for mforcmg these covenants and tk rules of the Association. for providing the sm'wes and tacilities fog the purposes of or Mated w the ma Moatta. rue and eojoymem of the common am and facilities. for the purpose of payment of enmnow expm¢s• and for the matnttmn¢ and upkeep of all water Imes and systems as well as for payment of all sums due for water mrrirx to the prcmixr for the maintenance of all ponds and balkhrads within or abutittg dte Wq= and for mainenance of Private roadways, Scam 3: Antonia of Aaaoal Aswc attest: a. Maximus Annual Assessment: Until January 1. 1998. the maximum annual assessment "1 tom exceed EIGHT HUNDRED FIFTY AND NO/10D DOLLARS 0850.00) per Ion. the exact amount of which shall be determined from time to time as hereinafter provided. bscrease by Association Board of Directors: From and after the dace specified in subparagraph (a) above, the annual ass... which may be established effective January 1 of each year by the Board of Directors, may not be increased by more than twenty Percent 00%) of the prior year's assessment without a vote of the members as provided below. C. 11crmse by Members'. From and after the date specified in subparagraph (a) above. the annual assessment may be incteased by more than twenty percent (20%) Only by an afftmutive vote of two-ibirds (2/3) of each class of members who arc voting in person or by proxy. at a meeting duly called for such purpose. Written notice of said meeting, setting froth de purpose of die orating. shall be sett to all members ant less than thirty (30) days nor more than sixty (60) days in advance of the mating. The limitation herein set forth shall not apply many increase in assessments undertaken as an incident to a merger of consolidation in which the Assdeia ion is authorized to participate under its Articles of Incorporation. d. Criteria for Fstablishiog Annual Asseswms: In proposing the amoral assessment for any asmssnem year, the Board of Directors sball consider all current coats and expenses of the Association, any accrued debts and reserves for future needs. C. Lots Owned by Declarant: Notwithstanding anything in this ARTICLE V to the don", all lots owned by Declarant shall be exempt from assessments until such time as Dalamnt conveys said lot to a purchaser. BOOK PRCE 2072 00L!1 Sm't' 9: Sp0621 Assestm.nds for Capital lopmamn ec to addition to the annual arsesmevr authorved abme, the A.soevion may Imy. in any asvexamem year. a special assessment applicabk to that )= Only for the purpose of defraying, in whole or in part the coats OfconstructionOf tccom in non, novas at replacement of a described capital improremem upon It- Common Arras, including the nmesary aron s and MMW PmP'MY related theream, and specifically including the over lists and systems within the prtsjm any such assessmrni shall have the an= of n.o.drirdc (2/3) of the votes of each class of members who am voting in person or by proxy ar a meeting Orly abed for this purpose, writem notice of which, suing forth the purpose of the meeting, shall hate been sea to all members not less than thirty (30) days nor more than sixty (60) days in advance of die memng. Section : L'aifam Rate of AssessnenC Both anal and special assessments muss be fixed at a uniform rate for all lots, on a per la bays. and may be Collected on a momhly, quarterly of annual basis as determined by the Board of Disamrs. 5Wip I : Quarx® far a Aeolian "but iNd mdv Stsrtiues 3 and 4: At a meering called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies emided to cast sixty percent (60R) of all the votes of each class of membership shall constitute a quomm. If the required quorum is nix forthcoming at any meeting, ano ber oeetiog may be called subject to the ootia requirement set fords in Sections 3 and 4 and she required quorum at any such subseguesn meeting shall be One-half ('A) of the iced Rot quorum at the prrcedmg meeting. No such subsequent meeting shall be held mine than sixty (60) days following the preceding meeting. SCcuon ;: Date of Corommtemed of Antral Asass"ard: Due Dares: The annual assessments provided for herein shall be paid in advance in moodily, quarterly or anal installments as determined by the Board of Directors and the payment of such shall comm. as to each la on the day of the conveyance of den by the Declaram- Assessments $ball he prorated for any party month. The Board of Directors shall fix the Ironton of the astral =«surient against eadt lot at lean Mn (10) days in advance of each annual assessment period- Written ounce of the annual assessment shall be sent to "cry owner subject thereto. Ilse due dare shall be established by the President. The Association, upon demand and at any lime, shall furnish a certificate in writing signed by a member of the Association selling forth whether the assessments phCc goof. p1 9 p0y� on a syeetfied lur have bcen paid. A prapedy ese matd ornirote of the Association as to the shams of assessmems; an a lot is binding upon the Ammiaam as of the date of its isnaoce. $COMA: E1ted of Nmpayamt of Asset R--CdM of the Aseaotiabw Any assessments Or P"um thereof which are not paid wbm de shall be d`lio4hem. If the assessment a any Poruoo thereof is oot Paid wirhin thirty, (30) days after the due due, the same shall bear interess from the date of delitapeny at the I'm of taehwe Petrem (12%) Per aonum. The Association may bring an action agsins the Owner Personally obhgaed to pay the same. or foreclose the lien agaittu the I'MI)MY, rod. in either even[, imereq costs and reasonable a[ortey's foes meorsed in the prnsmnion of soy such action shall be added to [he amount of such assessment. No Owner may "VC OF aheraise escape liability for the assessment provided for herein by eon -use of the Common Amu or aba tdoommt of the lot_ Samoa Srt6ordnatim of the Lim to ALortgages and Ad Valorem TaxM 711e lien of the assessments provided for herein many Ion shall be subordinate to the lien of any firs mortgage and ad valorem taxes on such la_ 71e sale or transfer of any hoe shall na affect the assesses" lies: however. the sale or transfer of any lot puts=[ to such mortgage formSlanrte or any Proceeding in lieu thereof. shall extinguish the lien of such assessments as to payments which became due Prior In such sale or transfer. No sale or oaosfer shall relieve such lot from liability for any assessments thereafter becoming due or fmm the lien thereof. ARTICLE VI Section 1: Shamed Cummm Expmss Ash payable to The Ladffl Cotmea of Amnoates, hoe.: In addition to the assessments provided in ARTICLE V above, each owner shall be responsible for paying the Shared Camnm Expense assessments imposed by the Couodl, its successors in interest and is designee, as set forth in Br+Ph7 of thDecl aration and Annexation. At the option of the Council, such Slued Common Expense asstsvmns may be billed by the Council directly to the individual lot owners or billed through the Association. Any Shared Common Expense assessments or patron thereof which are not paid within thirty (30) days after the due date shall be the personal obligation of the owners of that lot, may result in a lien against such la and may result in the imposition of a late fee in an amount to be determined by the Council. Such liens will be subject to the provisions of Article V, Section 9 hereof. B 0� PACE ' l�dt>� l�tlire5oles Uadaralioa d Cov0i136. Cohddt aid 'O71 Restrimoe yd Ameotion m Mauer Crone -Pc m Fit ad blaigmaM Agremnit: Landfall Assoemes subjected the Property to the arms and coodawas of the Declarationand Affiltsation. and such rams and conditions shall inn with the Prapeny and shall be binding on all Parties havmg or acquiring any right. utle or imerest in tie Property or any pan dxmt. Any con =or ahmrhsisreoues between this document and the Declaraioa and Am=auoo shall be resolved in favor of the Deelaratloo and M uenum. ARTICLE Vu htliNUUMa aad Ludscapig The Association shall coouact for the landscaping. irrigation and maime ance of all lots located within BirLdak_ The expense of providing Such =v,im$ shall be deemed a common expense and shall be &lured equally by all lot owners as provided in ARTICLE v above. Each lee owns stall be repauihle for the eatermr mmsmocc of Barb d%ellmg and agrees to Maunaio des d%tlling in a good and acceptable manner. If, m the opimim of the Association. any owner shag fail to maintain any 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 tat to be 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 folbwing tea (10) days written notice by the Owners, may enter upon and make or cause to be made repairs to such improvements and perform such maintenance on the lot u the removal of trash, cutting of grass, pruning of shrubbery. weeding and items of erosion control. 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 of fifteen petam (15%) of such coat, shall be added to and become a part of the assessment to which such lot is subject. ARTICLE Val Use Restrictions Section 1: Rules and Regulations; the Board of Dirrsmts of the Assneiationand the Council shall each have the power to formulate, amend, publish and enforce reasonable mks and regulations concerning the use and enjoyment of the yards of each lot and common area. Any 10 BOOK PACE 2072 0044 mitt and regulations formulated by the Asmcmm, along with all Policy resolutions and policy actions Liken by the Board of Directors of the A=cuuon. shall be rrxpnled in a Book of Resuhuion which Shull be maiooioed in a place convenient n the owners and available to th® for impeetioo during normal business hours_ to the care of any conflicts between the odes adoped by the Board of Mw" and those adopted by the Council. the rules of the Council shall prevail. SMM&-': Use of Roperly: Each hen, building. the home thereon and the Common Areas shall be for the following uses and subject to the fol lowing renrictioas, and. in addition, to those set forth in the By-laws: a. All Ins. buildings and the Common Anent shall be used solely for single bonny residential purposes and for Purposes incidcnW or aazsvmy therein, CXCC;K as Otherwise eapresly provided in the Declarasim and Arrvrarim b. No lot may be subdivided C. Declar" may use tW to four (4) homes at any given sons far office and/or for sales or display purposes. d. Nothing shall be kept and no activity shall be carried on in any building or horse or on the Common Areas which will incteam the rate of insurance, applicable to residential use, for the surrounding Property or the contents thereof C. No owner shall do of keep anything, or can = or allow anything to be done or kept, in his home or in the Common Areas which will remis in rice cancellation of insurance many Portion of the Property. or the contents thereof. or which will be in violation of any law, Ordinance, or regulation. f NO wane shall be committed on any pro of the Comm Areas. g. All garbage receptacles, containers and enclosures shall be located so as not n be unsightly and said location shall be as originally designated of constructed by Declarant or as approved by the Arehitccmral Control Committee of the Council h. NO imnaral, improper, offensive or unlawful use shall be made of :he Property, or any Pan thereof, and all valid laws, ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. buun -- 2072 0045 Nothing still be dare in or to any home or garage or in. to or upon any of the common area which will impair the urmcanral integrity of any huildm& home. garage Or portion of the Common Arms or which ""ld impair of alter the exterior of any building I portion thereof, except in the manner provided in this Declaration. d- No industry. business, trade, occupation of Profemon of any kind. whether momcleW or otherwise. shall be conducted. maintained or pertained on coy pan of the Property. esssyt that the Declanm or its agents may on up to fats (4) homes a any given time for Saks or display purposes and tactpt thin I-ndfall Associates or its agents may use up ro two homes aq• given time for overnight hous ng for prowesive purchasers of properties within the laudfall Subdivision. It. Except a$ ®y be required by municipal ordinance, on owns shall display. OF cam to allow to be displayed to public view any sign. plead. Poner, billboard of idm"fpmg mane or number upon any home, building or any Portion of the Common Areas. No person shall undertake. cause, or allow amy alienation or Construction m or upon any poninu of the Common Aron except a the direction of and with the express written consent of the Association. M. The Common Areas shall be used only for she purposes for which they am invented and rmsombly suited and which are imidemal to the use and occupancy of the boors, sub era m any mks or regulations that tiny be adopted by the Association pursuant to its By-I,tvs. m. No building shall be created on a Ion unkss the same contains a lean 2.000 supmrt feu exclusive of porches. decks and garages. o. No more than fifty-five Percent (554) of the total spore footage of any kx shall be lnpervious Surface area Notwithstanding the fmcgoiog. all ownerx xhall comply xith any and all swrn water romff regulado ns or other Such regulations which may be applicabk to each individual lot. vection 3: AnimaB: No animals, livestock or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household pia may be kept or maintained provided daI they are not kept or maintained for conmemial purposes and 12 BOCK PACE ?01'L p0`+6 prov,md further rhos they are kept in the home of the o acf of in etch other arc as is approved by the Architectural Control Committee of The Iaodfall Ca mcil of Associations• Inc - Section : fuse of ffasacs: No home shall be leased for transient or hotel putposm our may my owner lease less than the arom Una. war shall any such Ire be Gar any period of kss than six (6) mouths. except that the Dmlaram or its agents may use cep to fnur (4) homes r any gisva time for OM= andfor for sales or display proposes and except than Iaod4U Associms or its agents may use up to four (4) homes for overnight housing for prospective purchasers of Properties withm landfall Subdivision. Any lease muss be in writing and provide that the sums of the tease aed Occupancy of the unit shall be subject in all respect to the provisions of the Declaration of Coveoams, Conditions and Reuriaions and By-laws of the Association and any failure, by a IMM to Comply with the terms of such documents shall be a default under the case. ARTICLE IX Section I Walks+ Drives. parting Areas stud Ul litim. All of the Property, including lots and Common Areas. shall be subject m a perpetual ootteaclusive easement or easements in favor of all owners of lot$ for their use and tlx use of their immediate families, guests, urvioces, Roamt$ Of lessons for all proper and normal purposes and for ingress, egress and regress in and m such easements for private sours, driveways. walkways. Ping ants, water lines, sanitary sewers. storm drainage facilities, gas lines, telephone and electric power lines, television anream lines and other public utilities as shall be established prior to subjacdnx the Property to this Declaration by the Declarant or its psedxessors in title. The Council and the Association shall have the power and audmrity m grant and to establish in, over, upon and across due Common Arras conveyed to it such funkier easements as are requisite for the convenient use. and enjoyment of the Property. Section 2: Rtserwation to DwJaF=I: Every lot shall be subject to an easement for entry and encroachment by the Declarant for a period rot to exceed eighteen (IS) mouths following conveyance of a lot m an owner for the purpose of correcting any problems (bat may arise regarding grading and drainage. The Declarant, upon making entry for such purpose, sban restore the affected lot or lots to as near the original condition as practicable. 13 BOOK PACE 2072 p0y7 fvrder, Declxam reserves the right o subject the property in a tetrad With Cambria Ibwer & tit Company for the installation of underground clank tables and/or the msrallarioa of street lighuq;. tither or both of which may reWhe an initul payment ao&w continuing monthly payment o CAmball power & light Company by The owner of each Inc SuIGG 3: Erungenctec Every Ion and home sbaB be 94= o an asemot for entry by the Aaadatioo for ie purpose of wrecang, repairing or alleviating any emergency condition which areas upon troy Iot or within any home and wbicb endangers my building or pordoo of the Common Aral 7be Council shall also have an easement of entry for the purpose of wresting OF alle'"any ®er@taY oomtlmn which endangers any of the Shared Common Arta subject to the Countil's jurisdiction. S67jon.4= Ut2dy Eat An easement is hereby established over all loos and Common Asas for de benefit of applicable gowni end agencies for the Wrong. removing and le"di"g of %"Ater, gas and elc nit meets maintaining and rephdmg water. drainage and drainage facilities, maintaining and replacing gas and electric facilities, fire fighting. law enforcement. garbage collection and the delivering of mail. Owner's Easement for Repro and Remratn scuoI : If any dwelling is located closer than five (5) feet from its Ion lint, (be owner thereof shall have a perper d access avooem over the adjoining Im to the extent reasonably necessary to perform repair, maintenance: or reconsin ction of his dwelling. Such repair, maimaunce ter reconstruction shall be done expediaausly and, upon omplaiom of the work. the owner shall restore the adjoining Ion as near the same condition as that which prevailed prior to de cemmoocr em of the wort as is reasonably practicable. Section b: Developers Access Easement An exclusive ease eon is bereby established in favor of Doclamm over all commou area, for access to adlaccm properties for the purposes of future development and de installation of streets and public utilities. SrsliQtl: EandsaPmg and Maintenance Eases: An easement is hereby established"' favor of the Declarant and the Association, their agents and assigns overall lens for the purpose of providing and maintaining landscaping, for installation and maintenance of irrigation lines and facilities and for other activities reasonably relating to the maintenance of the premises, including pods and bulkheads. 14 BOOK PACE Z072 OOyB Section : App wicam t Rasftsaft An easemem is hereby established in favor of the Deelatam and the owner of any lot for the esiatone and maimemoot for any appurtenance extending from a dwelling which may cocroarh upon an adjoining IM including but ON limited m took steps and hearing and au 000dki000rg unas_ That Mcmem provided in Section 5 hereof shag be agptiabk to the maimataom of mmnynwioo of ,such appurnemarcu ARTICLE X RWO of look timw L.radns SMML1: The For wmen apgoval of arh intiawarol holder of a firs deed of oust 00 leas in the Property will be required for the following: a. The abandonment or termination of the planned unit development euept for abaodoamem or termination as provided by law in theme of sobstanew destruction by fire or other casualty or in theme of a tatting by 0ondero matt or emitnmt domain - It. Any material amm(IM of to the IAclaration or to the By -Laws of the SmiDOZ: Upon written request, any institutional bolder of a fim deed of trust on a lot will be entitled to: bus"Iess hours: a. Inspect the books and records of the Asmcunon dufmg normal b. Remm an annual financial statement of the Association within 90 days following the end of any fiscal year, and. c- Wren" entice of all meetings of the Association and be permitted to designate a rapfesentative to aumd all such meedogs. Section : a. In the event of substantial damaBe or destruction of any lot or any Part of the Common Arm, the institutional holder of any first mortgage on a lot will be corned to timely written notice of any Rich damage or deasuctim. It. If any lot or portion thereof or the Common Arm or any portion thereof is made the subject matter of any condemnation or eminent doatain proceeding or is otherwise sought to be acquired by a condemning authority, tbc0 the instimtioml holder of any first mortgage on a Ica will be eudded to timely written notice of any such proceeding or proposed acquisition. 15 BOOR PACE 2072 0049 C. The holder of die first mongsgn on my lot shill be given prompt Ounce of my defauh in die Im mongsgor,s ob6gauon hetennder sus Coved within thirty (30) days of each d boh, Bch mace m be &OC:Cd m arh mmtpgee at its addam sham on die tecosded Section 1: FAorsmwob The Asmcmm or any owner shill barn the right m eatome, by a proceeding in law or in ewity, a0 restriction, condition, covemurs, rtsuvanOm, limn and doges now or htnfkr impagrd by die PlOvisimn of this Dechndm. Failure of the Association or of an owner to eofbmc my am maot or restriction herein cemined loll in no event be dermed a waiver of the right to do so thereataer. 303i u" Snaabi Y lavabdaoon of any one of disc covenam or temictionn by judgment Or coon Order shall in oo way affect any other provision which shag remain in fob force and effem Sectioni: Amid eat The COMM s. condition and r smm m of dais Dtrlmuon shall mu with and bind the land for a team of twenty (20) yam from the den: this Dedantim is recorded, afar which none they shall he mtamarically extended for asmeasive periods of lei (10) Years. This Decimation may be amended dining the fun twenty (20) year period by an mpmment signed by the owners of not leis than ninety Percent (90%) of the bo, and thereafter by an inmoicat signed by die owners of am less dos seventy-fivC Percent (75%) of die lots. As a precondition in the effeCtivemess of any amendment affecting the rights of Landfall Astocases of the Council, such amdtdrnent shall aped¢ the joinder of such affected party. All amendments shall be certified as an official act of the Association by the Secretary rhemf and shill fonhwitk be recorded in the New Hanover County Registry. All amendments shall become eff=ive upon recordation. Section : CouWm 10 the event Of any ommrilable conflict betwm the Dickman and th By -Laws of the Asmciation. the provisions of this Declaration shill coutrol. In dm event of any intmoCilable conflict between this Declaration Or the By -taws of she Association and the Articles of Incorporation of the Association, the provisions of the Articles of IncorpOnlion shall control. 16 BOOK PACE 2072 0050 BY WYINESSS WHMEOF, the DecSun bas caused "S imuumax a be aemnl m i0 msWsue name by its duly aurAariad officers and its caspwao seal affimd hum. d c day crud Year fim above writtm. BY - A CAROUNA - -. HAMM BIRKDALE UMITED PARTNERSHIP (SEAL) COLONY COAST CONTRACTORS, INC GENERAL PARTNER A-A�IeJKI�le Kmrm R Ge vm Pte idem STATE OF NORM CAROIJNA New Hamver Camly TMr..m.WaM-9.dca+e..dea 1, David E. Boffin , a Notary Public for the Sucre of Norb Cardioa, County of Brunswick , do haeb Y anti fy din Sharlene Murray PeesaullY apparel before me Ibis day, and being by m first duly swan. acknowledged that -ihe is A«*Secrmry of COLONY COAST CONTRACTORS, INC., a North Camllm corporation, serving as General Partner for BIRKDALE LIMITED PARTNERSHlp, a Nonh Carolina Limited Pannt abip. and drat by authority duly given and as the act of am o q mlioo in its caPaciry as General Parmer. the foregoing insmuoeat was signed by its Pmsideat, sak d with in corporate seal and armed by her self as its Asst. SaTeury. WITNESS my hand and official seal, this the Sth day of July P_�_. 1996. MY Commission Expires- NOTARY PUSUC !]• s zoou 17