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HomeMy WebLinkAboutSW8960704_HISTORICAL FILE_19960912 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 qlp 0 } DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS Lp HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE `q�j� OGi 12 YYYYMMDD S*ate of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Terry Turner, President Saturn Development Post Office Box 4517 Wilmington, North Carolina 28406 Dear Mr. Turner: A&4 �04 �EHNF1 September 12, 1996 Subject: Permit No. SW8 960704 Brewster Place High Density Subdivision New Hanover County Stormwater Project The Wilmington Regional Office received the Stormwater Management Permit Application for Brewster Place on July 8, 1996, with final information on August 28, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 960704, dated September 12, 1996, for the construction of Brewster Place, and the access road, Dunhill Lane. This permit shall be effective from the date of issuance until September 12, 2006, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have. the right to request an ajudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, �` J(/ im Bushardt, P.E. Acting Regional Water Quality Supervisor JBB/arl: S:\WQS\STORMWAT\PERMIT\960704.SEP cc: Dan Dawson, P.E. Tony Roberts, New Hanover County Inspections Beth Easley, New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW8 960704 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY 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 Saturn Development Brewster Place New Hanover County FOR THE construction, operation and maintenance of two Detention Ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until September 12, 2006 and shall be subject to the following specified conditions and limitations: 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 on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 112 lots, each allowed a total built -upon area (in square feet) as follows: Lots 1-60 @3,774; Lots 85-112 @4,016; Lots 61-74 02;305; and Lots 75-84 @2,639. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 State Stormwater Management Systems Permit No. SW8 960704 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: Pond Depth: Brewster Place 960704 New Hanover County Mr. Terry Turner, President Saturn Development Post Office Box 4517 Wilmington, North Carolina 28406 July 8, 1996 Molts Creek "C Sw" POND A 6 feet Permanent Pool Elevation: 21.45 MSL Total Impervious Surfaces Allowed: 350,426 square feet Total Lots': 60 @3,774 Green Area entering Pond: 350,464 square feet Required Surface Area: 18,923 square feet Provided Surface Area: 18,926 square feet Required Storage Volume: 29,202 cubic feet Provided Storage Volume: 38,996 cubic feet Temporary Storage Elevation: 23.3 MSL Controlling Orifice: 2.5" pipe ' Lots 61-75 sheet flow off site and meet the 30% density limits. POND B 6 feet 15.75 MSL 179,417 square feet 29 @4,016 176,570 square feet 9,711 square feet 9,741 square feet 14,940 cubic feet 20,254 cubic feet 17.6 MSL 1.5" pipe 3 State Stormwater Management Systems Permit No. SW8 960704 4. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the permittee, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 6. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, -or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 7. 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. IL SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee grants permission to DEHNR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. 3. Dunhill Lane will be built with the Brewster Place project, but it's built -upon area will be accounted for in the application from Larry Ripa for the future development shown on the plans. Mr. Ripa must include a copy of this permit with the submittal for the future development. 4 State Stormwater Management Systems Permit No. SW8 960704 4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in it's 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 side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 5. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 6. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Part I N2. The recorded statements must follow the form: a. "The maximum built -upon area per lot (in square feet) for Lots 1-60 is 3,774; Lots 85-112 is 4,016; Lots 61-74 is 2,305; and Lots 75-84 is 2,639; inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations." e. "Roof drain gutters are required on all homes and must drain into the street." OR f. "Two-thirds of the lot must be graded toward the street." OR g. "Perimeter swales and ditches must pick up the runoff and direct it into the pond." 7. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 5 State Stormwater Management Systems Permit No. SW8 960704 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of the recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear the stamp of the Register of Deeds. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. M. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request form must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 3; The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 12th day of September, 1996. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A�^e�oe A.. ston Howard, Jr., P.E., Director Di tsion of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 960704 0 State Stormwater Management Systems Permit No. SW8 960704 Brewster Place Stormwater Permit No. SW8 960704 New Hanover County Engineer's Certification 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the 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. Noted deviations from approved plans and specification: Signature Registration Number Date II STORMWATER OPERATION AND MAINTENANCE PLAN FOR BREWSTER PLACE SUBDIVISION WILMINGTON , NORTH CAROLINA 1. The owner will be responsible for the proper operation and maintenance of the stormwater collection and treatment facilities. 2. The collection system will be inspected monthly by the owner to identify malfunctioning catch basins, manholes and drainage pipes. The collection system will be kept relatively clear of debris and sediment. The stormwater system shall be kept in good working order. Any malfunctioning component shall be repaired/replaced per approved plans as necessary to assure proper operation of the system. 3. The treatment facilities consists two (2) stormwater ponds and outlet controls. These facilities will be inspected yearly by the owner to determine the mean depth of the pond and identify any malfunctions. The mean depth of the pond, under normal conditions, shall be 6 feet. The owner will remove the sediment from the pond if the mean depth is determined to be less than 5.5 feet and will correct malfunctions when necessary. 4. The outlet structures, orifice, and sideslopes will be inspected immediately after every runoff producing rainfall event. Any debris observed on the orifice and outlet structures will be removed. Eroded areas will be repaired and reseeded immediately after a rainfall event. 5. A permanent stand of grass shall be maintained at all times. Mowing during the growing season will be done as needed, otherwise, the grass height will not exceed 6" I, of U t✓ Te Turner Saeurn Development P.O. Box 4517 Wilmington, NC 28406 a Notary Public for the State County of /(.("t✓ F&0(/eY- , do hereby certify that ' _ e appeared before me this n day of ackno ledges the due execution of the fore oin, � .it 6s.m hag an ffseal, My commission expires _ _' NOTAgy �011ea co��,,•' DIVISION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 1. Project Name Brewster Place 2. Location, directions to project (include County, Address, State Road) Attach map. New Hanover County, service road to U.S. Hwy 421, south of Monkey Junction behind Myrtle Grove Volunteer Fire Department 3.Owner's Name Saturn Development Phone (910) 395-4006 4. Owner's Mailing Address: P.O. Box 4517 City Wilmington State NC Zip 26406 5. Nearest Receiving Stream Motts Creek Class C SW 6.Projectdescription Roads, sewer, and storm drainage for 112 rot single family s tbdiy si n', H. PERMIT INFORMATION Permit No.(robefilledinbyDEM)­!!Y,0 I C/CQO%O� Fee Enclosed$ 385.00 2. Permit Typ X New Renewal Modification (existing Permit No.?) 3. Project Type: _Low Densi X Detention Infiltration Other._ Redevelop _General _Dir Cert 4. Other State/Federal Permits/Approvals Required meek appropriate blanks) CAMA Major Sedimentation/Erosion Control X 404 Permit III. BUILT UPON AREA (Please see NCAC 2e./005 thm .1007for applicable density limiu) Drainage Drainage Breakdown of Impervious Area Basin Basin (Please indicate below the design impervious area) Classification SEE ATTACHMENT 6Buildings See r4-Ftec.�lment Allowable Impervious Area Total Project Area Proposed Impervious Area % Impervious Area IV. STORMWATER TREATMENT (Describe how she runoff will be treated) Streets Parking/SW,, Other Totals Two (2) Stormwater Detention Ponds with 85% TSS removal, sheet flow, grassed side ditches for future development. u VI. VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. OWNER'S CERTIFICATION I Terry Turner , certify that the information included on this permit Mew, print nr type prime rtecrty,� application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm \to submit stormwater plans on my behalf. Agent Signature and Title AUTHORIZATION (MusraEcoMpLE7w) Person or firm name Daniel E. Dawson dba Dawson Engineering Mailing Address 3177 Wrightsville Avenue City Wilmington State WC Zip 28403 Phone (910) 762-4200 Please submit form to the Regional Office that serves the area that the project is located, as indicated on Attachment B. cc: Applicant/WiRO//Central Files MUNN j� E C E I V E D �IJnI{ JUL 0 81996 D E M PROJ #f&2;5GC_nr)% + 11 A ffQch M e✓i t A Statement of Maximum Impervious Surface Area for Brewster Place Subdivision: DATE: 4/26/96 REVISED 8/05/96 No more than 3,774 SF for lots 1 thru 60, 4,016 SF for lots 85 thru 112, and 2,305 SF for lots 61 thru 74 and 2,639 SF for lots 75 thru 84, including that portion of the right-of-way between the edge of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming pools. This covenant may not be changed or deleted without the consent of the State. No one may fill in or pipe any roadside or lot -line Swale, except as necessary to provide a minimum driveway crossing. For curb and gutter projects, no one may pipe, fill in, or alter any lot line swale used to meet North Carolina Stormwater Management Permit requirements. sheetI �44 f ,,cAme/7- - 3 DIVISION OF ENVIRONMENTAL MANAGEMENT ATTACHMENT TO NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION BREWSTER PLACE SUBDIVISION 4/26/96 REVISED 8/05/96 ITEM Ill. BUILT UPON AREA CLASSIFICATION: C SW ALLOWABLE IMPERVIOUS AREA: POND A: 50.0% (LOTS I THRU 60) POND B: 50.4 % (LOTS 85 THRU 112) SHEET FLOW: 30.0 % (LOTS 61 THRU 74 AND LOTS 75 THRU 84) ENTRANCE ROAD (SIDE DITCHES): 39.3 % (FUTURE DEVELOPMENT) TOTAL PROJECTAREA: POND A: 700,891 SF (LOTS 1 THRU 60) POND B: 355,987 SF (LOTS 85 THRU 112) SHEET FLOW: 248,682 SF (LOTS 61 THRU 74 AND LOTS 75 THRU 84) ENTRANCE ROAD (SIDE DITCHES): 48,352 SF (FUTURE DEVELOPMENT) PROPOSED IMPERVIOUS AREA: POND A: 350,446 SF (LOTS I THRU 60) POND B: 179,417 SF (LOTS 85 THRU 112) SHEET FLOW: 69,680 SF (LOTS 61 THRU 74 AND LOTS 75 THRU 84) ENTRANCE ROAD (SIDE DITCHES): 19,000 SF (FUTURE DEVELOPMENT') '% IMPERVIOUS AREA: POND A: 50.0 % (LOTS I THRU 60) POND B: 50.4 % (LOTS 85 THRU 112) SHEET FLOW: 30.0 % (LOTS 61 THRU 74 AND LOTS 75 THRU 84) ENTRANCE ROAD (SIDE DITCHES): 39.3 % (FUTURE DEVELOPMENT) BREAKDOWN OF IMPERVIOUS AREA BUILDINGS: STREETS: POND A: 60 LOTS n 3,774 SF / LOT = 226,460 SF POND B: 29 LOTS @ 4,016 SF / LOT = 116,464 SF SHEET FLOW: 14 LOTS n 2,305 SF / LOT = 32,270 SF 10 LOTS @1 2,639 SF / LOT = 26,390 SF TOTAL = 58,660 SF ENTRANCE ROAD (SIDE DITCHES): 0 LOTS, 0 SF POND A: 123,986 SF POND B: 62,953 SF SHEET FLOW: 16,415 SF (TO BE COLLECTED AND TREATED IN PHASE 11) ENTRANCE ROAD (SIDE DITCHES): 19,000 SF (FUTURE DEVELOPMENT) PARKING: ---- OTHER: --- TOTAL: 623,938 SF Page I it STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Ulf AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE; PHASE ONE THIS S UPPLEMENTAL D ECLARATION, m ade a nd a ntered i nto this _ day of January, 2003, by SATURN DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as "Declarant' or "Developer'; WITNESSETH: WHEREAS, Declarant has subjected Phase One of Brewster Place, consisting of Sections One, Two, Three and Four, as the same are shown on maps thereof recorded in Map Book 36, Page 282, Map Book 37, Page 216, Map Book 38, Page 312, and Map Book 39, Page 348, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry, as amended; and WHEREAS, the Declaration provides in Article V, Section 2, that the Declarant may amend the Declaration without Lot Owner approval to conform the Declaration to the requirements of any law or requirement of any governmental regulatory agency having legal jurisdiction over Brewster Place and that a letter from an official with any such governmental regulatory agency, requesting or suggesting an amendment necessary to comply with governmental regulations, shall be sufficient evidence of the necessity for such amendment; and WHEREAS, Declarant has received a letter from the North Carolina Department of Environment and Natural Resources, dated January 21, 2003, requesting that the Declaration be amended so that it complies with the requirements of the stormwater permit for the project. NOW THEREFORE, the Declarant amends the Declaration by deleting in its entirety Section 1, Article VII, and substituting therefor a new Section 1, Article VII, to read as follows: Section 1. Enforcement of Stormwater Regulations. The stormwater requirements for Phase One of Brewsteer Place are as follows: a. The maximum built -upon area per lot is 3,727 square feet for lots 1 thru 60, 3,301 square feet for lots 61 thru 83 and 4,107 square feet for lots 84 thru 1 11. 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. Ob.. The covenants pertaining to stormwater regulations may not be changeor deleted without concurrence of the State. c Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. N(A d. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. e. 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 naturally drain into the system are not required to provide these measures. IN TESTIMONY WHEREOF, Declarant and Owner have caused this instrument to be signed in its corporate name by its president pursuant to authority of Declarant and Owner's Board of Directors as of the day and year first above written. SATURN DEVLEOPMENT CORP. M STATE OF NORTH CAROLINA President COUNTY OF NEW HANOVER I, , a Notary Public, certify that personally came before me this day and acknowledged that he is the President of _ SATURN DEVELOPMENT CORP., a corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of said corporation. Witness my hand and seal, this the _ day of 2003. Notary Pu My commission expi (SEAL) :0-15-03: t2: 32PM1 ROGUE HILL JONES ;910 763 4985 u 2/ 5 II01I1111111 1Y91IU1^ 2003068299 FOR REBECLRTT NCHRIST ITER RN OF DEEDS NEW HANOVER COUNfY 2003 OCT 10 04;05:411M BN•4050 PG-172-175 FEE.520.00 INFtN M # 20930 IN STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECEIVED OCT 15 2003 GG� DWQ PROD # __.(,op7oo-7o4- AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE, PHASE ONE THIS SUPPLEMENTAL DECLARATION, made and entered into this 1st day of October, 2003, by SATURN DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as "Declarant" or "Developer", WITNESSETH WHEREAS, Declarant has subjected Phase One of Brewster Place, consisting of Sections One, Two, Three and Four, as the same are shown on maps thereof recorded in Map Book 36, Page 282, Map Book 37, Page 216, Map Book 38, Page 312, and Map Book 39, Page 348, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry, as amended; and WHEREAS, the Declaration provides in Article V, Section 2, that the Declarant may amend the Declaration without Lot Owner approval to conform the Declaration to the requirements of any law or requirement of any governmental regulatory agency having legal jurisdiction over Brewster Place and that a letter from an official with any such governmental regulatory agency, requesting or suggesting an amendment necessary to comply with governmental regulations, shall be sufficient evidence of the necessity for such amendment; and WHEREAS, Declarant has received a letter from the North Carolina Department of Environment and Natural Resources, dated January 21, 2003, requesting that the Declaration be amended so that it complies with the requirements of the stormwater permit for the project RETURNED TO lti ►� 10-15-03; 12: 32PM; HOGUE HILL JONES ;910 763 4985 0 3/ 5 Page 2 NOW THEREFORE, the Declarant amends the Declaration by deleting in its entirety Section 1, Article VII, and substituting therefor a new Section 1, Article VII, to read as follows - Section 1 Enforcement of Stormwater Regulations. The stormwater requirements for Phase One of Brewster Place are as follows: a The maximum built -upon area per lot is: (1) 3,774 square feet for lots 1 thru 60 (iQ 4,016 square feet for lots 85 thru 112 (ni) 2,305 square feet for lots 61 thru 74 and (iv) 4,107 square feet for lots 75 thni 84. These allotted amounts include 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools b The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. c Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State d Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations e. 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 naturally drain into the system are not required to provide these measures. 10-15-03;12:32PM;HOGUE HILL JONES ;910 783 4985 u 4/ 5 Page 3 IN TESTIMONY WHEREOF, Declarant and Owner have caused this instrument to be signed in its corporate name by its president pursuant to authority of Declarant and Owner's Board of Directors as of the day and year first above written SATURN I VLE P RNT CORP President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, �• SjfitLluin , a Notary Public, certify that 4r lu f u^ Personally came before me this day and acknowledged that he is Me President of SATURN DEVELOPMENT CORP., a corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of said corporation Witness my hand and seal, this the _ZQ_ day of @Aa&r- , 2003. Notary Public My commission expires ,P dn-dvolo (SEAL) W14o• fiHHI1w1N0�ft1 Or�Mri i0-15-03:12:32PM;HOGUE HILL JOKES ;910 763 4985 # S/ 5 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 If f fN NNfHf ff if1f1N11f fNNI1Hf f fNfHNNNHINNNf NINENIff NH IHIN1NNf Nf Nff\INNIf INI Iifliii1111fff1 Filed For Registration: Book: Document No.: Recorder: 10/10/2003 04:06:41 PM RE 4050 Page: 172-175 20030662" AMD DECL 4 PGS $20.00 LIESEL WARD • 1iiiiiiiNiiiiliiiiiNMHMIIMiIiMiiiiNiliNllliiiMiMliNi111iN11 State of North Carolina, County of New Hanover The foregoing certificate of V M STRACHAN Notary Is Certified to be correct. This 10TH of October 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By:4�U'D, h a DeputyMrslshnt Register of Deeds MIINI NNNIIINNiINNNININI NNNINIII\INNII\IIIIN ININHINIIOIIIIINIINNIIIIININIi11NNINI11NiNIi YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2003066299* 2003066299 BOOK pABE 2151 0348 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER '97,011 PA 2 46 This Declaration, Made the 4 day of march ,.1097, by SATURN :. DEVELOPMENT CORP., heieinaIIer referred to as "Declarant" or "Developer" for the purposes hereinafter stated, 000130 Whereas, Declarant is the owner of certain real property in New Hanover County, ' North Carolina, known as Brewster Place, which is shown on a plat recorded In the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book 36 Par: . L8,2 to which reference is made for a more particular description (the "Property") NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the following easements, iestrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the land and be binding on and shall inure to the benefit of all parties having any right, title or interest in the Property or any pail thereof, their Beim, auceessors grid assigns. ARTICLE 1. SECTION I. shall mean and refer to any lands which -are now. owned or may be hereafter acquired or developed by Declar 4 in addition to the above described Property, and annexed to and made a part of the Devdopmem (as hereinafter defined). SECTION 2. Associatim shall mean and'refer to Brewster Pierce Homoawners° Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the purposes set forth herein. SECTION 3. Assessinents shall mean the Annual, Special, Inpumce, Ad.Valeffm and Working Capital Assessments defined herein. RECEIVED JAN 16 2003 DWQ PROJ# SWC�r}�f6}' C>'�v070A • 459410 • BOCK PACE 215� 0349 SECTION 4. dWi mean acid refer to'ail lams"eoetd ern litdrt;,ivathin or appurtenant to''►he DoWl opmari lateitded tbr,the o,ommoo use W aftrow Of the Owners, Including,without IuditeUon;'a�ry'ptivate toads end startn looter aetentlom'paruls within the Development. SECTION S. J?s&lefepl shall be used interchangeably with Deve (which designations shall include singular, plural, masculine and neuter as required by the context) and shall mean and refer to Saturn Development Corp., its successors and assigns, itsuch successors or assigns should acquire undeveloped property from the Declmmtt for the purpose of development. SECTION 6. DeclamllOn shall, mean this instrument as it may be from time to time amended or supplemented. SECTION 7. LMeIQp=t shall mean the property plus any Addit{ohal Property. SECTION 8. LiMited Common shah mean areas and facilities within any Lot which are for the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms of this Declaration. The Limited Common Arcas shah consist of none (if tionei so state). SECTION,9. l.MW shall mean and refer to any numbered lot within the Development. . SECTION 10. 02= shall mean and refer to the record dwrier, whether one or more .persons or entities, of a fee simple tide to any Lot, includipg bontract sellers, but excluding thole having such interest merely as security for the performance of an obligation. SECTION 11. Empeft shall mean the Property as defined in the preamble to this Declaration. SECTION 12. Mem<is�.q shall mean and refer to every person or entity who has e Membership in the Association. SECTION 13. Membenhip shall mean and refer to the rights,. privileges, bebef ts, duties and obligations, which shall inure to the benefit of and burden each Member of the Association. 2 PhGE • 'AR11CL911. 4{o0K 2151 035 _ SECTION 1. Owned &pit 1 ghia and EA�!+66 of ice, js)= a, Every own" shall have and is hereby granted a fight and easement'of egjoyment In and to the Cominor Area, if any, which shall be gppurter amt to and shall pass with tlw tide to every Lot, subject to the following provisions: (a) The Association may make and amend reasonable dries and regulations governing use of the Common Areas by the. Owned, (b) In the event that any meintaumce activities am necessitated by the willful act or active or passive negligence of any Owner, his f onily,•guests, invitees or tenants, and the cost of such maintenance, repair cr other activity is not iWly covered by insurance, then, at the sole discretion of the Board of Directors of the Association, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon'demand, may . be added to the annual assessment levied against said Owner's Lot; (c) The Association may suspend the voting rights and privileges of an Owner for any period during which any Assessments against the Owner's lot remain unpaid and for a period not to exceed 60 days for an infiaction of the published odes and regulations of the Association; (d) 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 Weed to by at least two-thirds of the Members, excluding the Developer, provided, however, that the Association may without the consent of the Owners grant easements over the Common•Area for drainage systems and public utilities servicing the Development, that any conveyance or encumbrance of Common Area shall be subject to any rights of ingress and egress to any Lot over private streets. (e) The Board of. Directors on behalf of the Association, as a common expense, may at all times keep the Common Area and other assets of the Association, if eny, insured against loss or damage by fire or other hazards aid 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 imura ice shall be payable in case of loss to the Association for all Members. The Association shall have the solo authority to, deal with the insurer in the settlement of claims. In no event shah the insuranu eoii=ge obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. t BOOK PAGE 2151 6361 SECTION 2: EaskmM in Favor of Dec!hnjW aW the Assi�aria Vie foilokidmtg easements are reserved to Decletant aad'dw Assocledon; their successors and assigns: (a) easements as nece4aa4y in tier lain6s oww1 tghtg t e Catmmod Area and the rear ten feet of each Lot 1bi the installation and malotetmence of utilities and drainage facilities; including the right of Decfi mart and the Association to go upon On ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone.equipmen*% 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 be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery, d!e right to make any grading of the soil, err to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; emd 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 slatI be placed or permitted or remain upon such easement areas'or other activities undertaken thereon which may damage or interfere with the installation or riahnterance of utilities or other services, or which may retard, obstruct or reverse the flow 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 Development) and improvements within such areas shall be maintained by the respective Owner except those for which a .public authority or utility company is responsible. (b) easements over all private streets, if any, access easements, and Common Areas within the Development as necessary to provide access, ingress and egress, W any Additional Property. (c) an easement of unobstructed access over, on, upon, tl =gh and across each Lot and the Limited Common Area located thereon, if any, el all reasonable times to perform any maintenance and repair to the Limited Common Areas required by this Declara- tion. This easement shall also run in favor of the Association and the Association's agents,. employees, successors and assigns. SEC77ON 3. Other Easements. The following casements are granted by D eclerant to others: 4 11OOK PACE 2 15 1 0352 (a) in easet�t Is hereby granted to.all po, fire pgotecdolk ambulance kid all ainiilar perstitiv;'companie4 or ages per aniling senders; to enter upon'an Lots and Coiitniort Area in the petfo mane of their dutlm (b) In ease ofarry emergency originating In of any Lot Co.tttmn Areas, regardless of whether airy Lot Owner is presaN at the time of such eanerge n y, the Association or any other person authorized by It, shall have the'right to enter any Lot for the Purpose of remedying or abating the Cauca of such emergency and making any other necessary repairs not performed by the Loi'Owners, and Rich tight of entry shall be Immediate. (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. NAU of F -Ten a, All easements and rights described herein are Perpetual easements appurtenant, mmning with the land, and shell intire to the benefit of and . be binding on the Declanmt and the Association, their successors and assigns, and" any Owner, purchaser, mortgagee and other person having an interest In the Property or an Additional Property, or any pert or portion thereof, regardless of whether or not reference Is made in the respective deeds of convey' attce, or in any mortgage (w'bum dies or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE Ill. IkA!... l.l SECTION 1. Formation of Association- The Association is a -nonprofit. corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina far the purpose of establishing an association for the Owners of Lots to own; operate and maintain the Common Areas in accordance with this Declaration, its Charter and Bylaws. • SECTION 2. MetillidAjp, Every Lot Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lan ownership. SECTION 3. Vorin�a It�g. The Association shall have two classes of voting Membership. Class A. Class A Members shall be all Owners, with the ertceptson of the Declarenl, and shall be entitled to one vote for each Lot owned. When ona more than one person holds an interest in any Lot; ell such persshai➢. be r; GOOK PACE 2151 0353 Membda The vale fot suck Lii WdI be'eiteieised tit they dgteatteirced, but im no event shell liutl`e'thad'We vote be viitd►"rupw to so LQL Fractional voting With respect to any Lot is he* prbQibited. Class & The Declarant shall be a Class B Member and shad be entitled to three (3) votes for each Lot owned The Class B Meinbe+slslp shall cease and be converted to.Class A Membership on the happening of any .of the following evens, whichever occurs earlier: (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership; or. (b) on December 31, 2006; or (c) upon the voluntary surrender of all Class B Membership by flee holder thereof. The period during which there is Class B Membership is sometimes refereed to hreeian . as the "Declarant Control Period". . SECTION 4. CMDXWM to Association ofCommon Aiii At the completion of the Development by Declarant, or at such earlier time as, the Dxierant sleets, the Comm Area shall be conveyed to the Association. All duties, obtigatimes; rights sod privileges of the Declarant under any water, sewer, stomtwater and utility agreements, easements and permits with municipal or governmental agencies or public or private utility companies shall become the responsibility of the Association upon the assigmneml of such documents to. it by the Declarant. ARTICLE IV. SECTION 1. creation of the Lien anA Personal Ob teetion of AQ"==U. Each Owner of any Lot, by acceptance of a deed for the Owners Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association the following . assessments (collectively the "Assessments"): . A. Annual Assessments; B. Special Assessments for Capital Improvements; . I I BOOK PAGE 21SI 0351 C. D. AdValotemiTakAsseafticala;Md E. Working Capital Assessments. The Assessments, together With lowest, costs and reasonable aft&Ws fees, shall be a chair on the land and WWI be a continuing Hen upoo the respective Lot against. which the Assessmerits are nude. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person wh6 was dw Owner of such Lot at the time when the Assessment fell due. The personal obligation for daiiq=t Assessments shall not piss to the Ownces successors in title unless expressly assumed by them. SWIFJON2. b== a[ Annual Azg6== The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Property and Additional Property and for the improvement and meintauuroe of the Common Ar.eas.and any Limited Comm Areas. 'The funds * arising from said assessments or charmm , ay be used for any or all of the following purposes: Operations. -maintenance and improvement of the Common Amu, and any 'Limited Common Areasincluding payment of utilities; enforcing ng this Declaration; paying taxes, insurance premiums; legal and accounting fees and establishing working capital; and. In addition,' doing any othei things necessary or desimblet the opinion of the Association to keep the Common Arims and Limited Common Areas in good.opgrating ordefandrepair. SECTION 3. AmwLAL=m=. Annual Assessamb "I be.in ale =in" to be fixed from year to year by the Board of Directors which may establish diffixtrit.ratcs ftom. year to year as it may deem necessary. IU amount of the Annual Assessment s&nst*ekh Lot for any given year shall be fixed at least 30 days in advance of the Animia Assessment period; provided, however, that the first Annual Assessment "I be: set: ' pric!r to the conveyance of the first Lot to an owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner subject theiiio. The due date shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid In. Pro rats monthly itistslbrierus MW Association shall, upon demand, and for a reasonable charge furnish a cordficatti signed by an officer of the Association setting forth Whether the eascssinciits area specified Loa heve beeh paid. BOOR PACE 215j6antl 47ls uwy1'i►fincyear 'ffotdbw tine;amatVysroce®baba first Lot to ae Owner; the Ainpial Asmeiq t Btilas2d't jieaie tee tiff tt'6ve percent (s45) above the Anmisl Assestilleiit,litiptevioiisyearwit60u1ibe:aftirtitiative.GoOa of twoothhds (2/3rdv) of the Mianbers bfeadf wlio'aYe voting In ppisop or by preppy at a meeting duly called for tins purpose; provided, howeivey & Board of Directors may increase the amount of the Annual Assessment to S 120A0 *.Lot without number "Ova. SECTION 4: Special Asscssmgmts for'(jpp al linpMi ene.' In addillon to t,,%M Annual Assessments authorized above, the Association may. levy, in stay assessment year, a Special Assessment applicable to the year only for the purpose off ti&aying, in whole or in part, the cost of any construction; recbnsituction, repair or replacement of a 6pital Improvement upon the Common Areas, and any Limited Common Areas, including fixtures and personal property related thereto, provided that any such assessmaatt shall have the assent of two-thirds (213) of the Members of each class who are voting to person or.by proxy at a meeting duly called for this purpose. SECTION S. 1 ahe„c. a scasta at", All premiums on insurance policies p nhLwd . by the Board of Directors or its designee and any deductibles payable by the. Association upon loss shall be a common expose, and due Association may in'sny assessment year levy against the Owners equally an "Insurance. Assessment", In addition tb the Annual Assessments, which shall be in an amount sufficient to pay the annual cost of all such deductibles and insurance premiums not_htclueded as a componetd of the Annual Assess umt. Such antsonent shall tat he subject to the 5% limiteti.w provided for Attrral`Assessiacnls. SECTION 6. Ad Worem Tax Assaistnents.. All ad valotcm taxes levied against the. Common Areas, if any, shall be a common expcnsce and the Association may In any assessment year levy -against the Owners equally nip "Ad Walixem Tax Assessinem", in addition to the Annual Assessments, which shall be in an amount sufflcle i to pay such ad valorem taxes in such year not included as a component of the Annual Assessment, Such assessment shall not be subject to the 5% limitation provided for Annul Assessments.. SECTION 7.. Working (bpi "I Agsessromts. At the time title to a Lot Is cortveysd to an Owner by Declarant, the Owner shall pay the sumo of $20.00 to the Association as working capital. Such funds shall be used solely for initial operating end capital ezpei ses . . of the Association such as pre -paid. insurance,. supplies, and.fvnishings, fixtures and equipment for the Common Areas, etc. Amounts paid,into the working capital fund are not to be considered as advance payment of the Annual or.any other assissments: Any.wwking . capital funds may be twnsferred to and become part of the general f nib of do Association, in the discretion of the Board of Directors. 800K PACE 2151 0356 SECTION 8. -Noioe eMi irw For'h jptaq Q Annie ,e�r�r Asicagmi. Written notice of am mewing of Owners alleif foi rile pnidpcae of appraving Spechd Assessments or hncleasd hi the Annual ASse3siliCid over the tCve petit idptitsdae spiall be sent to all Members not less than thbty (30) days not thorC' dame slu¢jr(60) days in advance of the meeting. At the first such nAting called, the piesence, of A9enibcYs or'of a proxies entitled to cast sixty percent (60%) of all votes of each class of Membership shall :. constitute a quorum. The requred qWM at*d* subsequent Meeting shall be one4 alf (W) of the required quorum at the preceding meeting. No such subsequent meeting shall be held r' more than sixty (60) days foilowiog the preceding meeting. SECTION 9. Uniform Rate of AMCUMMI, The Assessments must be, fixed aY a uniform rate for all Lots'and may be collected on a monthly basis. SECTION 10. . Assesstncm for each Lot shall commence upon the date of acceptance by an Owner of a deed fiorn ®ecclarent. SECTION 11. Effect Of NonoMra of caea Mrs Aver sera lea Of Th Association, Any Assessment or installment thereof not paid within thirty (36) days after . the due date shall bear interest from the due date at the highest late allowable by law. The Association may bring atr'action at law against the Owner personally obligated to pay tine same, or foreclose the lien against the Owners Lot. No Owner may waive or eeherwise escape liability for the Assessments provided for herein by non-use'of rice Common Area er abandonment of his Lot. Ali unpaid installment payments of Assements'" become immediately due and payable if an Owner fails to pay. any installment within the eme permitted, SECTION 12. Subordieiatinn OfTh. tjMZLMaIgw.: The IIencf1hcAWssmcnU provided for herein shall be subordinate to the lien of any rust rnortgage. 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 Assessments 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 tinereefTer b=* mi% due or from the lien thereof. ARTICLE V The Declarant shall have, and there is hereby reserved to the Cecbuami the following rights, powers and privileges which shall be in additio6 to any other nights, powers and privileges reserved to the Declarant herck: 9 • BOOK WAGE 2151 03s7 SECTION 1, .: '] Coitibi cjmd;`UjM, Al duty tfa d respor►siblli* codfafed tow 'the Arcfiitecfuiad'Conaol Coanit{tt b Ibis �claratiat`ae tbE 03y➢aws off the Association shall be exald#A*d am' peiCt by the lk�l iattd 00 its �si , $m lode as Declarant alien own any Lot within the y or tidy, nd,oiti" gy, SECTION 2. Plan of_ Devela eat The right to change; .Biter or redesignate the allocated planned, platted, or recorded use or designation of any of the lauds constituting the Development including, but not limited to, the right to change, alter or redesignate road, utility and drainage facilities and easements and to change, alter or redesignate such other present and proposed amenities or facilities'as may in the sole judgmaht and disasetiou of Declarant be necessary or desirable The Declarant Hereby expressly reserves unto itself; its str =Sam and assigns, the right to re -plat anyone (1) or mod Lots shown of the plat of any subdivision of the Property or Additional property in order,to create one or more modified Lots; to further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate from this Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as public of private roads or access areas,. whether serving the Development or other property or are needed for Common Areas or mrnenities, and to1ske such steps as are reasonably necessary to matte such mplatted Lots or tmob suitab➢e and fit as a building site or access area or roadway or Common Area. SECTION 2. Amendment of'DMtnrnaion by the Declarant this Declandw may be amended without member approval by the Declarant, or the Board of the Assacietion, as the case may be, as follows: A. In any respect, prior to the We of the first Loa. B. To the extent this Declaration applies to Additional Property. C. To correct any obvious error or inconsistency in dmft➢ng, typing. or reproduction. D. To qualify the Association.or the Property and Additional Pmperty, od aay portion thereof, for tax-exempt status. E. To include any platting change as permitted herein. P. To conform this Declaration to the requirements of` any law or governmental agency having legal jurisdiction over the Property or any Addiftw Property: or to qualify the Property or any Additional Property or any Lots "a improvemxats them for mortgage or improvement loans made, Insured or guaranteed by a g0v=m=gd mgemey 10 Boolk #AGE 2 tb cdMp1V'W h5thee tequiremenis of law or, iegulatione of :gay otriporalioh or agency beloogibg to, spohmad by, or raider the su6atandel eootinl of die united Stme�'Oovd t or the state of North Carolina, regarding painchase'or We of vkh Lots and linp ov6ments, or mortgage interests therein, -as well as any other law•or regulationmiatidg to the catittoi Of property, including, without 16iteti* ecological controls, construction standards, •. aesthetics, and mattes affecting the publk health, safely grid general vteltltre. A letter San an official of any such corporation or agency, including, vritirout linihaft, the Veterans Administration, U. S: Department of Housing and Urban Development, the Federal Home %. Loan Mortgage Corporation; Government National Mortgage Corporation, or the Federd National Mortgage Association, requesting orsuggesdng an ameedrnent necessary to comoy with the requirements of such corporation or agency shell be sufficient evidence of L< t approval of such cotpo ration or agency, provided that the changes made substantially conform to such request or suggestion. Notwithstanding anything else Mein to the contrary, only the Declarant, during the Developer Control Period, shall be entitled to amend Was Declaration pursuant to this Section. SECTION 4. Annexation of Additional hotly. Declarant may annex to and make a part of the Development any other real property which Declarant -now owns or which Declarant may hereafter acquire or develop (the "Additional Piope ty). Annezadon of Additional Property to the Development shall require the assent of two-thirds of.the Class A Members who are voting in person or by proxy at a meeting called for this Purpose; provided, however, Additional Property may be annexed to the f)evelolnnene without the assent of the Members so long as the Additional Property can be used only far msidantiai purposes and facilities usually associated with residential developnawtts. ARTICLE VI. SECTION 1. Arxnoval of Elm for Building ad k lMW=Mjs No dwelling, wall or other structure shall be commenced, erected, ormaintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape; heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its deslgmee, or, after *e, sale of til Lets by Declarant, by the Board of Directors of the Association, or by. an AmchitectinraB (CoinW Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or dw Amchitctueal Cormol Committee, fails to approve or disapprove such design and location within thirty (30) days I ®CCK PACE 2151 0380 firm any baghwny; street br.� witlii.n the Wbdlvleioo; or Iioin any; her ireideape *ithio the subdivision. 'All mail and tmevaspepa boxes iibell be unifae ii ha dam: Ddtgn fl- i nail and newspaper b6ft shall be flunislied by Declarant 1?ences s1iaU be pgduitlld bn y Lot; provided, "ever, that the design; placemei t' and materials of anyfpieb are a{rproi by the Declarant, ttme l3oatd or the AichitectmW COritaol Carfimittee,°a"s the due m®y be, provided, hpwavcr, that no fence shall be located fon yard of the rcse edge of the dwelling. Clothes lines are not permitted on any Lot. E. Off street packing for n99 less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling co'nstiuckd on said Lot which parking areas and the driveways thereto sho➢1 be constructed of eoncorme, brick, asphalt, or turf stone, Or any other material approved by Declarant, the Board or Architectural Control Committee. F. All light bulbs or other lights installed in any fixture located on the euterio of any building or any Lot I& the purpose of illumination shall be clear, white or non-fecst lights or bulbs. SECTION 3. t tar flat .+ a a, A. Land Use And B1111dinLIM No t at shall be used for easy putpme euoelg for residential purposes. All numbered -Lots are restricted fa einstramctioo or me single family dwelling (plus, a detached garage, if there is not are attached to the ftwaicac , urd such other accessory buildings as may be approved by the D661w aft, the Board or the Architectural Control Committee). Other tracts may be develelied for a uld-fataally use. . B. f. No noxious ar offensive activity shell be carried on upon any Lot, nor shall anything be done thereon which may be or may bawx an annoyarce, or nuisance to the neighborhood. There sbal➢ not be maintained any pkrAs or auimaia, = device or thing of any, sort whose normal activities or existence are iaa any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish Or destroy the eNoymew of oterhLots by the Ownets thereof. It shell be the responsibility'of eech Owner to prevent the development of any unclean, unsightly or unkept condition of buildings of grounds on the Ownces Lot which would tend to decrease the beauty of the hood as a whole or the specific area. C. TempQ= Structures No structure of a toopoc" character, trailer, basement, tent, shack garage, barn or other outbuilding shall be used on any Loft soy time as a residence either temporarily or permanently, witbout the wrieten consent' of the Association or its designee; provided, however, that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer of of9➢eg oar easy part of.the l3 v 'fit•. 300K PAGE 1Devlelopment. untsl aloe elorrstruction of dwel➢lags on'9ll Lois am* Co6hV a Aeei'Ira- proveiri®nts are cai4pkt®d D. MWAafflou, No boat: motor bo4'x9l *, 0rdier; m6tor 8'7 mile homes, traeto/lrailer, or aitnilar type vehicle, shall be' pettliitted to teiooia6ota sdy LoS ma on any street at any time, without the'wdttm consult of the.Asse ciadon or its designee. No Inoperable vehicle or vehicle without cw ent registrition and insu� wiil.be permitted on any Lot, street or Common Area. ILe Association shall have the right to have all sue b vehicles towed away at the owners expense. No repairs to any vehicle may be made on struts or in driveways but only In garages or other areas and not v➢ bRe ftom the street; E. MoilS• No animals, livestock or poultry of arty kind shall be kepi ot maintained on any Lot or in any dwelling except chat dogs, ea9s or cd= Cold peas my be kept or maintained provided that they are net kept or maintained for=mwcW m2poses and provided further that they are not allowed to run free, are at al➢ times k* properly leashed or under the control of their owner and do not become a nuisance to ahe neighborhood. P. car ,m _ TV Satellite Disba and Qlaside , No yerd statuary o TV satellite signal receiving dishes Are permitted on any Lot and no outside radio or television antennas "I be erected on any Lot or dwelling unit unless and until pamessior for the same has been granted by the Board of Directors of'the Association of its Architectural Control Committec; providexl, however, satellite dishes not over IS, in diameter which cannot be sear from ihe'strat are permitted. O. Construction in Common Arm No person shall undertake; muse, o allow any alteration or construction in of upon any potion of the Common Anft =ce% as a0te direction or with the express written consent of the Association, ➢➢, Sim. No signs shall be pe«rmil2ed on awry Lose in at Common without permission of the Board of Directors. ➢. SuWhd&& Subject to any rights reserved to the Declarant berein, no Loa shall be subdivided, or Its boundary lines changed except with the pdexr wfEMm o nsena of the Declarant during the period of Declarant eortrol of the Amciation and by aha Board of Directors of the Association. SECTION 3. Lot MaidNesd. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects, in the event thi Owner fails t9. do so, than, after thirty days notice from the Architectural Control Comittee, the Associa- tion or Its designee may enter upon the Lot and remove the same as she expense off she 04 \ .. .,: �.... <h... ..: 'a�tik"' +�,.... _ ����: � �rq1`�^ A`'�+�°• � .'.�:. �,�s1 �+Y�`ey. E�7 's ; x�p P ,,,.:. r. BOOK PACE •2161 0302 Owner" and such entry shrill nbibe deinied g uesptns, and in stick Mot a His sha0 arise &A be created in favor of the Aisoei0tion far th®'Ml Anlaimtof tW* ciao t o"tchef9eBFi➢o to such Lot, including collection eosin and sucli'eitaxu ti call be doe wild ewft6:21 city (30) days afterthe'Ownei is billed therefor. S" lien shell be'oirl'oroeable`by`Cottrt proceedings as provided by law for enforcement of lien& AMU V11. SEC`fION➢ 1. Enforc=t Of ttorin *AM Runoff R , vBP® astir ma:. 'per Lots "I not be covered by structures eindlar paved surfaces, including walkways or patio of brick stmaoe, slate or similar impervious materials, in excess of the following srt =,a footages: Lots 1- 60 3,727 sq. ft. Lots 61- 83 3,301 sq, fL Lob. 84 -111 4,107 sq. ft. No portion of the street rights of way between the edge of the pavement and the Wile off tare right of way shall be covered by impervious materials. Roadsidc or Bw line awa➢es may Dart be filled, piped or altered except as necessary to povide t minim mtt driveway mroa 4. . These covenants are Intended to insure continued compliance witit 9MM water runoffndes adopted by tine State of North Carolina and, therefore, benefits may be enfma�cd by the State of North Caroline. . SECTION 2. JUghtseflmdMonal awHalgign Airy institutional holder oft fuse, lien on a.Lot will, upon request, be entitled to (a) inspect tie books and records of the .. . ' Association durytg normal businem hours, (b) receive an annual auroited f nmcia➢ stature of the Association within ninety (90) days following the end of its fiscal year, (c) MMve written notice of all meetings of the Association and right to designate a represeeitative to attend all such meetings, (d) receive written notice of any condemnation cc casualty, krss dw affects either a material portion of the Development or the Property socsring, its loan, (e) receive written notice of any sixty-day (60). delinqumey in the payment of tssessnnetSaor charges owed by any Owner of any property which is security .for ft k:�, (ff)'recsive , written notice of a laps➢, cancellation,. or material modifteadon of any insamataaa.pm➢imy.or. . fidelity .bond maintained by 0ce Associations, (g):receive written etude; of tray pg� action that requites the content oft specified percentage of moq¢gaigcz hokla mnd (h) b e furnished with a copy of arty master insurance policy.. ➢5 BOX ME t151 0363 SECTION 3: i)liWyir&. Declarant reserves the right laf stoBject trio _Property m ontra is for the inrstallation'of ufilities, cable TV and stied lighting, Akh "hay « wire an Initial payment arnd/or a CtgiNduing mol►,ilily payment by the Owft of cede Loa Eaafe'Lst Owner win be Piquired to pSy for any water tau, sewn* 00M1et1ons, Wiped ferny or any other charges imposed by any entity flantshing water, sewar or other utility setvise to the Lots. In the alternative, the Developer may Collect such cootnsxOn, Impact and other fees, charges directly from the Lot Owners. All rot Owners shall be megotb4 for Mold purposes, to use water and sewer supplied by the companiplgovemmemtal units servicing the Development, Separate water systems for outside irrigation and cdter ostdoar uses shah not be permitted without the consent of the Declarant or the Assoclation. SECTION 4. Sgygnajgily invalidation of any one of these covenants cc restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 5. Lots Suh6ct to Deeiaration/Enforcement. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to; and . shall comply with the provisions of the Declaration, and as the Declaration may be urn . from time to time. The acceptance ofa deed of conveyance or the entering into of m lease or the entering into occupancy of any Lot sited constitute are egrecmegM that`dw provianoms of the Declaration are accepted and ratified by such Owner, tenant cu. own¢ The, . covamts and restrictions of this Declaration shell inure to the be ndl6t of nerd be enforceable (by proceedings at* law or in equity) by the Association, or the .Gww of quay LsQ their respective legal representatives, heirs, Successors and assigns, aad, shall cane with and bind the land and shall bind any person having at any time any Interest or esmwe.k any Loc. as though such provisions were made a part of each and every died of conveyance m lease, fw a tern of twenty (20) years frown the date this Declaretion Is necoeded, alter which time elaey shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owner. Failure by the Association or by an Owner to enforce any covwma or restriction herein contained shall in no event be deemed a waiver off the'right to do so thereafter. SECTION 6. Amend jVLDWgMfiM. Except as provided elsewhere herein the covenants and restrictions of this Declaration may be amended only by an instmmnen: duly recorded in the Office of the Regnata• of Duds of the county wham the Develop nerve is located, executed by the duly authorized officers of the Association ui= the vote of cot less than two-thirds (2/3) of the Lot Owners; provided that rem imendnt= shall alter any obligation to pay ad valorem taxes or asset n cnis for public imlvovane % as Darwin provided, or affect any lien for the payment thereof egablishad le=k. Dn no event my an Declaration be amended so as to deprive the Declarent of any dgbgs lasnein granter or reserved unto De ctarant. 16 v r AUG � 3 Engineering Land Planning Surveying August 22, 1996 Ms. Linda Lewis N.C. Department of Environment, Health, and Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Additional Information, Stormwatcr Control Permit for Brewster Place Subdivision New Hanover County Project No. 9438 Dear Ms. Lewis: Enclosed please find the following items: DAWSON ENGINEERING 3177 Wrightsville Avenue Wilmington, NC 28403 (910)762-4200 - letter from Mr. Larry Ripa agreeing to treat the stormwater from DurdAl Lane in the future - revised signed and notarized Operation and Maintenance Plan which now includes the statement that you requested. - revised Attacluncnt to NC Stormwatcr Management Permit Application - revised Statement of Maximum Impervious Surface Area - the 90% TSS removal chart used to size both detention ponds - two (2) copies of sheets C-13 and C-14 showing pond details - sheet C-15, NCDOT Roadplan showing flow arrows and high and low points for road drainage Please note that Pond B out£alls into a drainage easement which flows through Marquis Hills. Addressing item one (1) in your August 1 letter, your suggestion for B/U per lot is correct. The B/U per lot is simply 30%of the total area for each of the sheet flow areas. We apologize for submitting an unclear and/or incomplete permit application. Thank you patience and cooperation. If you need additional information please call. Very truly yours, DAW�SO�N ENGINE Howard Resnik, E.I.T. Eric[.: As noted above. cc: Saturn Development August 22, 1996 Larry Ripa Grove park Properties 4609 Cedar Avenue Wilmington, NC 28403 Ms. Linda Lewis N.C. Department of Environment, Health, and Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Lewis: I have met with Dan Dawson and discussed the future plans for developing the property which I own located immediately north of Saturn Development's `Brewster Place Subdivision.' In order to meet NCDEHNR stormwater regulations, I agree to treat the stormwater runoff from Dunhill Lane and the portion of Chilmark Court not within Brewster Place when I develop my property. If you have any questions on the matter, please contact Dan or me at (910) 791- 7472. Thank you for your assistance. rs, roperties State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. DIVISION OF ENVIRONMENTAL NlANAGEMENT Jonathan B. Howes Governor WATER QUALITY SECTION Secretary August 1, 1996 Mr. Dan Dawson, P.E. Dawson Engineering 3177 Wrightsville Avenue Wilmington, North Carolina 28403 Subject: ADDITIONAL INFORMATION Stormwater Project No. SW8 960704 Brewster Place New Hanover County Dear Mr. Dawson: The Wilmington Regional Office received a Stormwater Management Permit Application for Brewster Place on July 8, 1996. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Provide calculations of how you arrived at the built -upon area for the 30% low density portions of the project. My calculations, using the offsite areas you show, are considerably less than yours. The offsite areas are 2.02 and 2.47 acres, therefore, the B/U per lot should be 2639 and 2305 respectively. 2. The entrance road must be included in lot built-upons or treated in some manner. Treatment/accountability cannot be deferred until the next phase. By that time, the fact that the road was not accounted for in this phase will have been forgotten. 3. The Operation and Mainttenance Plan needs to be expanded to include the following statement: The stormwater system shall be kept in good working order. Any malfunctioning component shall be repaired/replaced per approved plans as necessary to assure proper operation of the system. 4. Label the high point elevations and provide flow arrows for the road drainage. 127 Cardinal Drive Extension, Wilmington. N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350 2(%ll An Equal opportunity Affirmative Action Employer Mr. Dawson August 1, 1996 Stormwater Project No. SW8 960704 5. Sheets C-13 and C-14 were not provided. Label and delineate the permanent pool and design pool elevations; label the required 3:1 sideslopes; show the vegetated shelf width, beginning and ending elevations, and required 6:1 slope; forebay details, including depth, length and width; outlet structure details including pool elevations, orifice size and trash rack.. 6. Where does Pond B outlet to? 7. Which TSS chart was used for determining the minimum required surface area? Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to September 1, 1996, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Ms. Linda Lewis Environmental Engineer DA/arl: S:\WQS\STORMWAT\ADDINFO\960704.AUG cc: Linda Lewis Central Files DAWSON ENGINEERING Engineering 3177 Wrightsville Avenue Land Planning Wilmington, NC 28403 Surveying (910) 7624200 July 2, 1996 Ms. Linda Lewis N.C. Department of Environment, Health, and Natural Resources ��®�n n� s p���� Water Quality Section Iuw�E 127 Cardinal Drive Extension I1�UU� Wilmington, NC 28405 j� E C E I V E D Re: Stonmwater Control Permit for ail II( Brewster Place Subdivision ll ll JUL 0 81996 New Hanover County Project No. 9438 PROD NS�CdIIDG W Dear Ms. Lewis: Enclosed please find the following items: - original completed stormwater application for the referenced project - $385.00 application fee - one (1) copy of the Wet Pond Calculations - one (1) copy of the Erosion Control Calculations - one (1) copy of the Stormwater Operation and Maintenance Plan - one (1) copy of the Erosion Control Plan and the Attachment to Erosion Control Plan containing erosion control details - two (2) copies of sheets C-1 (Erosion Control and Existing Topography) and SD-1 (Storm Drainage Plan) Stormwatcr on this project will be controlled using two (2) stormwater detention ponds, sheet flow in four (4) separate areas, and grassed side ditches at the entrance road which will be for future development. Please note that sheet SD-1 shows the drainage area delineations for the project. We request NCDEM certification of compliance of this project with stormwater regulations. Thank you for your consideration of this request. If you need additional information please call. Very truly yours, DAWSON ENGINEERING J-;V� 4�- Howard Resnik, E.I.T. Encl.: As noted above. cc: Saturn Development JUL U 8 1996 U WET POND CALCULATIONS BREWSTER PLACE NEW HANOVER COUNTY, NC �j E C E I V E D Iona( JUL 0 ;81996 PROJ # PREPARED BY DAWSON ENGINEERING 3177 WRIGHTSVILLE AVENUE WILMINGTON, N.C. 28403 (910)762-4200 July 2, 1996 DAWSON ENGINEERING Engineering Land Planning Surveying TOTAL AREA DRAINING TO POND A: = 700,891 SF = 16.09 ACRES (SEE SHEET SD -I) TOTAL PROPOSED IMPERVIOUS SURFACE AREA DRAINING TO POND A: ROADS = 123,986 SF 60 LOTS @ 3,774 SF/LOT = 226,460 SF = 350,446 SF = 8.05 ACRES (SEE SHEET SD -I) REQUIRED STORAGE FOR 1" RUNOFF FOR POND A: 3177 Wrightsville Avenue Wilmington, NC 28403 (910) 7624200 _ [350,446 SF + (0.2 x (700,891 SF - 350,446 SF)] x 1/12 FT = 35,045 CF (39,307 CF PROVIDED - SEE NEXT PAGE) % IMPERVIOUS DRAINAGE AREA FOR POND A: = 350,446 SF 1700,891 SF = 50.0 % POND DEPTH SAIDA % POND SURFACE AREA (MIN.) (FT) (SF) 3 5.60 39,250 3.5 5.00 35,045 4 4.30 30,138 5 3.50 24,531 6 2.70 18,924 IF POND DEPTH = 6.0 FT, MINIMUM SURFACE AREA = 18,924 SF AREA a ELEVATION 21.45 = 18,926 SF > 18,924 SF (SEE SHEET C-13) PROJECT: BREWSTER PLACE SUBJECT: DRAINAGE CALCU TIONS JOB NO.: 9438 PREPARED BY: f DATE: 7 z y( CHECKED BY: "% DATE:7 2 >G PAGE NOj_ OF G DAWSON ENGINEERING Engineering 3177 Wrightsville Avenue Land Planning Wilmington, NC 28403 Surveying (910) 7624200 STAGE - AREA - STORAGE (SEE SHEET C-13)) ELEV. AREA STORAGE TOT. STORAGE EFF. STORAGE (F7) (SF) (CF) (CF) (CF) 16 7743 0 0 8573 17 9402 8573 0 10261 18 11119 18833 0 12006 19 12892 30839 0 13807 20 14721 44645 0 15953 21 17184 60598 0 8125 NORMAL 21.45 18926 68722 0 POOL 10855 22 20548 79578 10855 21576 23 22604 101154 32431 6875 1" RUNOFF 23.3 23232 108029 39307 16782 24 24716 124811 56089 PROJECT: BREWSTER PLACE SUBJECT: DRAINAGE CALCULATIONS JOB NO.: 9438 PREPARED BY: 5 DATE: CHECKED BY: -e' DATE: 1L*PAGE NO 0 OF G Engineering Land Planning Surveying DAWSON ENGINEERING 3177 Wrightsville Avenue Wilmington, NC 28403 (910)762-4200 POND RELEASE TIME FOR 2 1/24NCH CONTROL PIPE: ELEV. TOT. STORAGE EFF. STORAGE VOL. RELEASED OUTFLOW RATE RELEASE TIME (F7) (CF) (CF) (CF) (CFS) (HOURS) 23.3 108029 39307 6876 0.223 8.57 23 101154 32431 5394 0.204 7.34 22.75 -- 27037 5394 0.187 8.01 22.5 -- 21643 5394 0.168 8.92 22.25 — 16249 5394 0.147 10.19 22 79578 10855 2713 0.122 6.18 21.75 — 8142 2714 0.09 8.38 21.5 — 5428 5428 0.037 40.75 21.45 68722 0 TOTAL HOURS 98.34 DAYS 1 4.10 PROJECT: BREWSTER PLACE SUBJECT: DRAINAGE CALCULATIONS JOB NO.: 9438 PREPARED BY://$/Z DATE: Z gl CHECKED BY: — DATE: 7 2 9L PAGE NO 3 OF E DAWSON ENGINEERING Engineering Land Planning Surveying TOTAL AREA DRAINING TO POND B: = 355,987 SF = 8.17 ACRES (SEE SHEET SD-1) TOTAL PROPOSED IMPERVIOUS SURFACE AREA DRAINING TO POND B: ROADS = 62,953 SF 29 LOTS @ 4,016 SF/LOT = 116,464 SF = 179,417 SF = 4.12 ACRES (SEE SHEET SD-1) REQUIRED STORAGE FOR 1" RUNOFF FOR POND B: 3177 Wrightsville Avenue Wilmington, NC 28403 (910)762-4200 = [179,417 SF + (0.2 x (355,987 SF - 179,417 SF)) x 1/12 FT = 17,894 CT (20,448 CF PROVIDED - SEE NEXT PAGE) % IMPERVIOUS DRAINAGE AREA FOR POND B: = 179,417 SF / 355,987 SF = 50.4 % POND DEPTH SA/DA % POND SURFACE AREA (MIN.) (FT) (SF) 3 5.66 20,149 3.5 5.04 17,942 4 4.34 15,450 5 3.53 12,566 6 2.73 9,718 IF POND DEPTH = 6.0 FT, MINIMUM SURFACE AREA = 9,718 SF AREA @ ELEVATION 15.75 = 9,741 SF > 9,718 SF (SEE SHEET C-14) PROJECT: BREWSTER PLACE SUBJECT: DRAINAGE CALCU TIONS JOB NO.: 9438 PREPARED BY:µSp, DATE: 2Z 6 CHECKED BY: 2WA- DATES 2 4C PAGE NO -4- OF i Engineering Land Planning Surveying DAWSON ENGINEERING 3177 Wrightsville Avenue Wilmington, NC 28403 (910) 7624200 STAGE - AREA - STORAGE (SEE SHEETC-14) ELEV. AREA STORAGE TOT. STORAGE EFF. STORAGE (M (SF) (CF) (CF) (CF) 10 3851 0 0 4227 11 4602 4227 0 5006 12 5409 9232 0 5841 13 6273 15073 0 6733 14 7193 21806 0 7682 15 8170 29488 0 6717 NORMAL 15.75 9741 36204 0 POOL 2504 16 10293 38708 2504 10866 17 11439 49574 13370 7078 1" RUNOFF 17.6 12155 56653 20448 4959 18 12642 61612 25408 13272 19 13902 1 74884 1 36176 PROJECT: BREWSTER PLACE SUBJECT: DRAINAGE CALCULATIONS JOB NO.: 9438 PREPARED BY:A;SJ DATE: t 9L CHECKED BY: DATE: �" PAGE NO 5 OF Engineering Land Planning Surveying DAWSON ENGINEERING 3177 Wrightsville Avenue Wilmington, NC 28403 (910)762-4200 POND B RELEASE TIME FOR 1 1/2-INCH CONTROL PIPE: TOTAL EFFECTIVE VOLUME OUTFLOW RELEASE ELEV. STORAGE STORAGE RELEASED RATE TIME (FT) (CF) (CF) (CF) (CFS) (HOURS) 17.6 56664 20451 1180 0.08 4.10 17.5 -- 19271 2949 0.078 10.50 17.25 — 16322 2949 0.072 11.38 17 49586 13373 2716 0.066 11.43 16.75 -- 10657 2717 0.059 12.79 16.5 -- 7940 2716 0.051 14.79 16.25 — 5224 2717 0.042 17.97 16 38720 2507 2507 0.03 23.21 15.75 36213 0 TOTAL HOURS 106.18 DAYS 4.42 PROJECT: BREWSTER PLACE SUBJECT: DRAINAGE CALCULATIONS JOB NO.: 9438 PREPARED BY: � DATE: 7 Z 96 CHECKED BY: x �a l DATE: 7/c 96 PAGE NO ! OF