SW8881211_Current Permit_19941108

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
November 8, 1994
Mr. Jack G. Stocks, R.L.S.
211 North Fifth Avenue
Wilmington, North Carolina 28401
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. 881211 Revision
Jackey's Creek Phase I
Brunswick County
Dear Mr. Stocks:
The Wilmington Regional Office received the revised Stormwater Submittal for Jackey's Creek
Phase I on November 2, 1994, with final information on November 8, 1994. Staff review of the plans
and specifications, including the statement of intent to deed restrict the allowable built -upon area to 15,000
square feet for each of the 11 lots shown on the approved plan, has determined that the project as proposed
will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(a)(3).
Any modification of the plans submitted to and approved by this Office or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans. Future phases of this subdivision must be submitted for review and approved prior to the
initiation of construction.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDBS stormwater permit if disturbing five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Stocks
November 8, 1994
Stormwater Project No. 881211 Revision
Deed restrictions, including the allowable built -upon area per lot, must be recorded with the Office
of the Register of Deeds. A copy of the recorded deed restrictions, including deed book number and page,
must be forwarded to this Office within 30 days of the date 'of the recording. Failure to record and/or
submit the deed restrictions to this Office is considered a violation of this Certification.
An Engineer/Designer/Owner Certification (copy attached) must be received at the time the
recorded Deed Restrictions are submitted. The Certification will verify to this Office that the stormwater
controls, general layout of the project and the amount of impervious area are in substantial compliance with
the approved Stormwater Plan.
3900.
If you have any questions concerning this matter, please contact Linda Lewis or me at (910) 395-
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:1WQSISTORMWAT\CERTJFIC1881211.NOV
cc:
Delaney Aycock, Brunswick County Inspections
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files

Jackey's Creek Phase I
Brunswick County
Stormwater Project No. 881211 Revision
Engineer/Designer/Owner Certification
I, having
(periodically/weekly/full time) the construction of the project,
been authorized to observe
(eject)
hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction of the stormwater control system for this project such that the construction was observed to
be built within substantial compliance and intent of the plans and specifications approved by the NCDEM
Water Quality Section. The layout of the impervious surfaces and the road details, as constructed,
conform with the layout and road details shown on the approved plans. (Note: if a copy of the recorded
deed restrictions has not been forwarded, you must provide a copy along with this form.)
Signature
Date

DIVISION OF ENVIRONMENTAL MANAGEMENT
DENSITY X
PROJECT DATA
Project Name Jackey's Creek Plantation
I,ccation (County, Township/i�iunicipaiiiy, Address, State Road)
Owner's Name Jacket'' s Creek Develognent, Inc.
MailingAddress 211 North Fifth Avenue
Wilmincrton, NC 28401
Phone Number910-763-8124 Submittal Date 11-2-94
Brief Description (include map and appropriate drawings) 11 single family residential lots
(1 acre+ each)
Name of Water Body Receiving Stormwater Runoff Jackey's Creek
Classification of Water Body C—SW If SA waters, engineered system, and distance is <0.5
miles, attach report of chloride sampling results mg/1
State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major
404 Permit
Other (Specify)
CALCULATION OF BUILT UPON AREA
Sedimentation/Erosion Control
DEM/DHS Sewage Disposal—
Built upon area means that portion of a development that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project
includes areas draining to different water classifications, please note them separately below.
Classification
Built upon area
Total Project Area
% Built upon Area
Allowable B/U Area
Subwatershed
C—SW
4.83 Ac.
16.17 Ac.
29.9%
30.0%
Subwatershed
Is the Project B/U Area <_ the Allowable B/U Area? Yes
% Built upon area = (built upon area / total project area) * 100
(If no, an engineered system is required.)
Built upon area limits for projects to meet density: SA waters — 25%, Other ---30%
STORMWATER COLLECTION SYSTEM
Describe how the runoff will be treated open swales
Office use only
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D
tilry n ? !994
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BUFFER AREA
Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please
provide a description
(Note: unly boat ramps, public roads, public bridges, and walkways to water related facilities are allowed
within 30 feet of the mean high water line if the project is intended to meet stormwater control
requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
-� a4
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to 15"250 Up0 square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be
changed or deleted without consent of the State.
CERTIFICATION
I, icA - G - 5 S , certify that the information included on this
submittal form is correct, that the project will be constructed in conformance with this information, and
that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC
2H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf, and
agree to abide by the deed restriction statement above.
Iq. &-z-`24-
wner's Signature Date
Provide authorized person or firm name and address below:
Phillip G. Tripp, P.E.
Andrew & Kuske Consulting Engineers, Inc.
202 North Fifth Avenue
Wilmington, NC 28401
I, -- �`? , a Notary Public for the State of ,
County of A-- , do hereby certify that o personally
appeared before me this enj day of ���� /� L, , 19t1 Acknowledges the due execution
of the foregoing instrument. Witness my hand and official seal' N,E A4 •.,r
S�
�oT'gR
• Y.
My commission expires _ /� ��—` (p = z t Ob
DIVISION OF ENVIRONMENTAL b A AG opmcsi FF
�I111111111y1
Regional Office
8 wr a4-
Date
8
Date
Individual Evaluating Forms/Plans
Water Quality Supervisor
cc: Applicant/WiRO/Bradley Bennett/Central Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
DENSITY X
PROJECT DATA
Project Name Jackey's Creek Plantation
Location (County, Townshipi-Municipality, Address, State Road)
Owner's Name Jackey's Creek Develogmnt, Inc.
MailingAddress 211 North Fifth Avenue
Wilmington.. NC 28401
ENGINEERED
Phone Number910-763-8124 Submittal Date 11-2-94
Brief Description (include map and appropriate drawings) 11
Name of Water Body Receiving Stormwater Runoff.
acre+
Jackey's Creek
residential lots
Classification of Water Body C--SW If SA waters, engineered system, and distance is <0.5
miles, attach report of chloride sampling results mg/1
State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major_
404 Permit
Other (Specify)
CALCULATION OF BUILT UPON AREA
Sedimentation/Erosion Control
DEM/DHS Sewage Disposal_
Built upon area means that portion of a development that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project
includes areas draining to different water classifications, please note them separately below.
Classification
Built upon area
Total Project Area
% Built upon Area
Allowable B/U Area
Subwatershed
C—SW
4.83 Ac.
16.17 Ac.
29.9%
30.0%
Subwatershed
Is the Project B/U Area 5 the Allowable B/U Area? Yes (If no, an engineered system is required.)
% Built upon area = (built upon area / total project area) * 100
Built upon area limits for projects to meet density: SA waters --- 25 %, Other --- 30 %
STORMWATER COLLECTION SYSTEM
Describe how the runoff will be treated open swales
Office use only
p UD
C�C�f�nUl
NOV 0 2 1994
)PRaJ 5 . (Zi I

BUFFER AREA
Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please
provide a description
(Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed
within 30 feet of the mean high water line if the project is intended to meet stormwater control
requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to 15,3N C()p square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be
changed or deleted without consent of the State.
CERTIFICATION
I, cJR-Ca t —7 G . S X� G,V S , certify that the information included on this
submittal form is correct, that the project will be constructed in conformance with this information, and
that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC
2H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf, and
agree to abide by the deed restriction statement above.
wner's Signature Date
Provide authorized person or firm name and address below:
Phillip G. Tripp, P.E.
Andrew & Kuske Ccnsulting Engineers, Inc.
202 North Fifth Avenue
Wilmington, NC 28401
I, , allotary Public fortheState of y—� ea'4'e�� ,
County of• -- do hereby certify that personally
appeared before me this day of gdz,'—�/g- . , 19 ,aW,gcknowledges the due execution
of the foregoing instrument. Witness my hand and official seal, NE Ac '-"'
o
My commission expires
o
DIVISION OF ENVIRGNMENTAL MANAGNMMM F
1j111111110,
Regional Office
8aq-
Date
84 dLIM
Date
Individual Evaluating Forms/Plans
Water Quality Supervisor
cc: Applicant/WiRO/Bradley Bennett/Central Files

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
AMENDMENT TO DECLARATION
OF RESTRICTIONS
JACKEY'S CREEK PLANTATION
PHASE I -A
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Jackey's
Creek Development, Inc., as the owner of all the interest and
equity in that certain subdivision in Brunswick County, North
Carolina, known as Jackey's Creek Plantation, Phase IA, as the same
is shown on map prepared by Jack G. Stocks, Registered Land
Surveyor, which is recorded in Map Cabinet Y, at Page 30, in the
office of the Register of Deeds of Brunswick County, containing 11
lots, and in order to promote a uniform and harmonious development
of said subdivision as a desirable residential community, does
hereby amend those certain Declaration of Restrictions, JACKEY'S
CREEK PLANTATION, PHASE I -A, as recorded in Book 968 at Page 1054
in the gffice of the Register of Deeds of Brunswick County, North
Carolina., on the 16th day of February, 1994, by adding to said
Restrictions as previously recorded one additional restriction and
covenant as follows:
28. ENVIRONMENTAL RESTRICTIONS: It is expressly understood
that all lots are subject to additional regulations by the State of
North Carolina so as to protect the coastal environment. All lots
are and shall continue to be subject to appropriate regulations by
the State of North Carolina. At the present time the State of
North Carolina restricts the square footage of impervious surfaces
(structures and/or paved surfaces, including walkways or patios of
brick, stone, slate or similar materials, driveways from the point
of the property line/street right of way to the paved street
running in front of the lot, and that a total of 15,000 is the
maximum amount of square footage of impervious surface allowed for
each lot. No ditches shall be piped except for driveways.
ENFORCEMENT: The DEVELOPER, or any owner, or the State
of North Carolina shall have the right to enforce, by any
proceeding at law or in equity, all of the conditions, covenants
and restrictions of these provisions and any and all liens
hereinafter imposed pursuant to the provisions of these
Restrictions. Failure by the DEVELOPER or any owner or the State
of North Carolina to enforce any of the above shall in no event be
deemed a waiver of the right to do so thereafter. In addition to
the foregoing, the DEVELOPER, any lot owner, or the State of North
Carolina shall have the right, whenever there shall have been built
on any lot any structure which is in violation of these provisions,
to enter upon said lot where such violation exists, and summarily
abate or remove the same at the expense of the owner, if after
thirty (30) days written notice of such violation it shall not have
been corrected by the owner. Any such entry and abatement or
removal shall not be deemed a trespass.
JACKEY'S CREEK DEVELOPMENT, INC.
AT ST •
BY :
i Gt' President
! f _ S c etaryr
TE SEAL)r I
A ,�$ 7C'�a
1. #.q..,
+:'i1.;4'� ::cC:}.[!.,....... i`1 i�f l:`.::c.i;.:, 'a.OD
NT ���V 0 2 1994
S,�i �Q Q, i� � y�7� �,g D E Illl
S:rj(iil?r8,e! VGriiitl'.,atim No. U U �' I )?.ROJ 7t IBM[
�r �¢.Vi 510r1
,,
/ RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON. NORTH CAROLINA 28402-0135

It 0
STATE OF NORTH CAROLINA
COUNTY OF A�NEW HANOVER 1
I. 1�1v�,ess,� �Y1a .rel� a Notary Public of said
County and State, do hereby certify that
personally came before me this day and
acknowledged that he/she is
Secretary of
JACKEY'S CREEK DEVELOPMENT, INC., and that, by authority duly given
and as the act of the corporation, the foregoing instrument was
signed in its name by its V'tC -f President, sealed with its
corporate seal, and attested by himself/herself as its
Secretary.
WITNESS my hand
1994.
My Coom 'ssion Expires:
43 /
(AFFIX NOTARIAL SEAL)
RESTRICT/JACKEY-A
and notarial seal this _ day of
Notary P blic
RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROLINA 28402-0135

� Qa STAY£
State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor
William W Cobey, Jr., Secretary,
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 3, 1989
Mr. Jack G. Stocks, R.L.S.
211 North Fifth St.
Wilmington, NC 28401
Dear Mr. Stocks:
Bob Jamieson.
Regional Manager
Subject: Determination of Compliance
with Stormwater Regulations
Project No. 881211
Jackey Creek
Brunswick County
The Wilmington Regional Office received the Stormwater Management
submittal for the subject project on December 13, 1988. Based on
our review of the project documents, we have determined that the
project complies with the Stormwater Regulations set forth in Title
15 NCAC 2H.1003(3).
If you have.any questions concerning this matter, please contact me
at [phone].
Si defy,
Preston Howard, Jr., P.E.
Regional Supervisor
APH: •cwc
cc: Bill Mills
WiRO, CF
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone]
An Equal opportunity Affirmative Action Employer

DIVISION OF ENVIRONMENTAL MANAGEMENT
[ rA�
Submittal Form for Projects Using Density Limi�s�ft�'r ormw
Control
PROJECT DATA DEC 9 1 19es
Name of Project: Jackevs r ek r�uoj # .3h$a//
Location (County, Township/Municipality, Address):
Town Creek Township, Brunswick County_ N.C.
Applicant Name: .Tack r Sto�ka
Mailing Address: 91, Nnrth Fi fth A-%T
raone No.: _
Submittal Date:
Brief Description (include map and appropriate drawings):
125 lot sin le famil residential subdivision near Belville N.C.
Water Body Receiving Stormwater Runoff:
Name of Water Body: Jackeya Creek
Classification of Water Body: C
Total Area of Proposed Project (acres):
115 acres �
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
CAMA Major Sedimendation and Erosion Control X
404 Permit DEM/DHS Sewage Disposal g
Other (specify) -
CALCULATION OF BUILT -UPON AREA
(Built -upon area means that portion of an individual development
that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, etc. but
not including decking.)
a) Built -upon area: 13.92 acres ✓
b) Total project area:
715 acres �
% built -upon = built -upon / total project area * 100
% built -upon area = 12.11 % ,/
If the water body receiving stormwater runoff is classified as
SA, is the % built -upon area < 25%? Yes No
If the water body receiving stormwater runoff is classified other than SA, is the % built -upon area < 30%? Yes �-
— No
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes X No
(Grassed -line swales should have a side slope, of 3-i (H-V) or
less.) - -

if no, Yiease provide a detailed description.
BUFFER AREA
Is the built -upon area at least 30 feet from mean high water of
all surface waters? Yes X No
If no, please provide a detailed description.
(Note: Only boat ramps, public- roads, public bridges and
walkways to water related facilities are allowed within 30 feet
of mean high water if the project is intended to meet stormwater
control requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that
subdivisions maintain the development .consistent with the plans
and specifications approved by the division and include the State
as a beneficiary of the restrictions? Yes g No
(Include a copy of the restrictions and covenants with this
form.)
CERTIFICATION
I, .Tack G. Stocks , certify that the information
included on this submittal form is correct, that the project will
be constructed in conformance with this information, and that to
the best of my knowledge, the proposed project complies with the
requriement of 15 NCAC 2H.1003 (b). Ix
4��n 12-21-88
Signatu4Mor Agent Date
211 North Fifth Ave.., Wilmington, N.C. 28401
Address
If agent, please list owner's name and address below:
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Regional Office
O i
D t. Individual Evaluate g Forms/Plant
Date
Regional Water Quality Sul
CC: Applicant/Region/Mills/CF

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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
DECLARATION OF RESTRICTIONS
JACKEY'S CREEK, SECTION 1
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, JACKEY'S CREEK DEVELOPMENT, INC., a
North Carolina corporation, is the owner of all of the interest
and equity in that certain tract of land known as JACKEY'S CREEK,
SECTION 1 and, it is the desire of the undersigned, the Developer
of this land, to insure the use of said property for attractive
residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of
the community, and thereby to secure to each lot owner the full
benefit and enjoyment of his home with no greater restriction
upon the.free and undisturbed use of his lot than is necessary to
insure the same advantages to the other lot owners;
NOW, THEREFORE, the undersigned does hereby covenant, agree
and declare to and with all persons, firms or corporations now
owning or hereafter acquiring any property in JACKEY'S CREEK,
SECTION 1 that all of the lots in said subdivision as shown on a
map recorded in Map Cabinet at Page of the Brunswick
County Registry, are hereby made subject to the following re-
strictions as to the use thereof, running with the land by
whomsoever owned, to -wit:
1. All lots in said subdivision shall be known as single
family residential lots, and shall be used for residential
purposes only.
2. No residence smaller than 1500 square feet of heated
floor space, exclusive of porches, steps, walks, garages, car-
ports, storage areas and so forth, shall be constructed or
located on any building lot. Provided, that in cases where the
area is not more than ten percent (10%) below the minimum above
set out, Developer, or its designated agents, may, at their
option, approve the construction of the dwelling if it is in
conformity with the general development of the Subdivision.
3. No concrete block, concrete brick, asbestos siding,
RYALS, UACKSON & MILLS
WILWNGTON, NORTH CAROLINA 28402-0147

aluminum siding, or cinder block shall be used for the exterior
of any residence constructed on any building lot herein conveyed,
nor composition tar paper exterior dwelling be permitted, it
being intended that only conventional frame, clay brick, stucco
or masonite exteriors and combinations of any of them with vinyl
siding be constructed on the lots subject to these covenants.
All driveways shall be constructed of asphalt, concrete, marl,
rock or gravel.
4. Since the establishment of standard inflexible build-
ing, setback lines for location of houses on lots tends to force
construction of houses directly to the side of other homes with
detrimental effects on privacy, view, preservation of important
trees and other vegetation, ecological and related considera-
tions, no specific setback lines are established by these Re-
strictions. In order to assure, however, that the foregoing
considerations are given maximum effect, JACKEY'S CREEK DEVELOP-
MENT, INC., reserves the right to control and approve absolutely
the site and location of any house or dwelling or other structure
upon any lot. In any event, no house shall be erected closer to
the front lot line, nor to any side line, than the minimum
requirements established by Brunswick County, North Carolina.
On corner lots, the side having the least frontage
shall be considered the front lot line of said lot.
5. No house trailer, mobile home, tent, shack or temporary
structure of any nature shall be located on any lot or used at
any time as a residence, temporarily or permanently, nor shall
any structure of a temporary nature or character be used as a
residence.
6. No fence or hedge in excess of five (5) feet in height
shall be erected on any lot, unless written approval thereof has
first been obtained from the DEVELOPER. No fence shall be
permitted nearer the front lot line than the rear corners of the
house constructed on said lot.
7. Modular and prefabricated homes and previously con-
structed houses may not be erected or placed on any lot, unless
2
RYALS, JACKSON & ,MILLS
WILM'INGTON, NORTH CAROLINA 28402-0147

the express written consent of the DEVELOPER is first obtained.
8. (a) Not more than 3700 square feet of any lot may be
built upon by any lot owner in order to comply with the North
Carolina Stormwater Regulations.
(b) The State of North Carolina is hereby made a
beneficiary of this Declaration to the extent necessary to
enforce its stormwater run off regulations as the same may be
amended from time to time.
9. No advertising signs or billboards shall be erected on
any lot or displayed to the public on any lot, subject to these
Restrictions, except that one sign of not more than five square
feet in area may be used to advertise a complete dwelling for
sale. No "For Sale" signs are allowed on any vacant property.
This covenant shall not apply to signs erected by the OWNER/DE-
VELOPER used to identify and advertise the subdivision as a
whole, or by a contractor for an .item of work being performed on
a given lot.
10. No fuel tanks or similar storage receptacles may be
exposed to view. Any such receptacles may be installed only
within the main dwelling house, within an accessory building,
within a screened area, or buried underground.
11. (a) All water to be used in said subdivision for human
consumption and human use must be obtained from the Community
Water System, unless other sources are approved by the CityCounty
Board of Health and the Water Company, or their successors. An
eight (8) foot radius from each water meter shall be an easement
for maintenance and repair of such meter. This covenant shall
not exclude the right to dig shallow wells for irrigation pur-
poses only,
(b) Sewage disposal shall be only by septic tank or
such other sources as may be approved from time to time by the
Developer and all appropriate health agencies.
12. All building plans for residences must be approved,
prior to construction, by the DEVELOPER or an agent appointed by
the DEVELOPER.
3
RYALS, JACKSON & MILLS
WILWNGTON, NORTH CAROLINA 26402-0147

13. (a) No noxious or offensive activity shall be carried
on or maintained on any lot or part of any lot, nor shall any use
be made of any portion of said property which may be or become an
annoyance or nuisance to the neighborhood. No domesticated farm
animals or fowls shall be kept on the property. Animal sacrifice
r or any ceremony involving the killing of any animal is prohibited
on any lot in the subdivision.
(b) In the event yards are not properly maintained,
they shall be cleaned up at the owners expense. Unsightly
inoperative junk cars and like eyesores cannot be maintained on
the property, either prior to or after the residence has been
erected.
14. (a) The Buyer or Purchaser of each lot shall keep the
lot mowed regularly, including that area from the lot line to the
edge of the paved street and clear of any unsightly objects, and
in the event that the Buyer or Purchaser of any lot within the
said Subdivision breaches this, restriction, the DEVELOPER re-
serves the right to enter upon the said lot and mow the grass,
clean up the lot and remove unsightly structures and objects.
The cost of any such clean up shall be charged.to the owner of
said lot.
(b) Where lots border on or contain ditches, drainage
canals or swales, the Buyer of each lot shall keep that area,
including the slopes, down to the edge of the water, mowed and
maintained regularly. Washouts or erosions on the lots adjoining
ditch banks and swales to pavement shall be properly tended to by
the respective lot owner.
15. It shall be the obligation of the owner of any lot or
lots in the Subdivision to provide, install and maintain adequate
culvert or drain pipe beneath his or her driveway as it crosses
the ditch line at the front of his or her lot in order that the
natural flow of drainage will not at any time be blocked along
the street. The culvert or drainage pipe must be of sufficient
size to accommodate the flow of surface water in the ditch. In
no instance shall said drainage pipe be less than 15 inches in
4
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402.0147

diameter, and said pipe shall be installed prior to the locating
of any dwelling on said lot.
16. Each lot owner shall provide receptacles for garbage
and all cans, carts and bags must be kept in a screened area,
accessory building or other storage facility, and not visible
from the street except on p garbage pick-up days.
17. (a) Construction activity on a lot shall be confined
with the boundaries of said lot. Each lot owner shall have the
obligation to collect and dispose of all rubbish and trash
resulting from construction on his lot. Upon a lot owner's
failure to collect and dispose of such trash within thirty (30)
days after receipt of a written notice from JACKEY'S CREEK
DEVELOPMENT, INC., JACKEY'S CREEK DEVELOPMENT, INC., may collect
and dispose of such rubbish and trash at the lot owner's expense.
In addition, no large trees or natural foliage may be removed
from any lot without the prior written approval of the DEVELOPER.
(b) once construction has started on any lot, construc-
tion must be completed within one (1) year after the beginning of
construction.
(c) Underbrush and all lots must be maintained after
one (1) year from the date of sale to any purchaser thereof by
the said purchase thereof.
18. The DEVELOPER reserves ten (10) foot easements along
the sidelines, the rear lines and the front lines of all lots in
said Subdivision for the purpose of installing and conveying
easements for utilities and drainage.
19. At any time prior to December 31, 1991, these restric-
tions may be amended by JACKEY'S CREEK DEVELOPMENT, INC., at its
discretion, but not to impair the property value of the lot
owners. Thereafter, these restrictions may be amended by vote of
the owners of two-thirds (2/3's) of the lots in JACKEY'S CREEK,
SECTION 1.
20. The DEVELOPER reserves the right to subject the real
property in this Subdivision to a contract with Carolina Power &
Light Company for the installation of underground electric cables
5
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402-0147

and/or the installation of street lighting, either or both of
which may require an initial payment and/or a continuing monthly
payment to Carolina Power & Light Company by the owner of any
such.dwelling site.
21. If the parties hereto, or any of them, or their heirs
and assigns shall violate or attempt to violate any of the
covenants herein, it shall be lawful for any person or persons,
owning any real property situated in said JACKEY'S CREEK, SECTION
1 to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such
covenants, and either to prevent him or them from so doing or to
recover damages or other dues for such violation.
22. All covenants, restrictions and affirmative obligations
set forth in these Restrictions shall run with the land and shall
be binding on all parties and persons claiming under them to
specifically include, but not be limited to the successors and
assigns, if any, of JACKEY'S CREEK DEVELOPMENT, INC., for a
period of twenty (20) years from the date hereof, after which
time all said covenants shall be automatically extended for
successive periods of ten years each, unless an instrument signed
by the owners of a majority of the lots (not including mortgagees
or trustees under deeds of trust) substantially affected by such
changes in covenants, has been recorded, agreeing to change said
covenants in whole or in part. Invalidation of any one of these
covenants by judgments or court order shall in no way affect any
of the other covenants herein, which shall remain in full force
and effect.
23. THESE RESTRICTIONS APPLY ONLY TO SECTION 1, JACKEY'S
CREEK, AS THE SAME IS SHOWN ON THE MAP REFERENCED ABOVE, AND
NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A REPRE-
SENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRICTIONS
APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY DE-
VELOPER AND AS DESCRIBED IN THAT DEED RECORDED IN BOOK
11
AT PAGE OF THE BRUNSWICK COUNTY REGISTRY. DEVELOPER FOR
ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT SECTION 1,
6
RYALS, JACKSON & MILLS
WILMINGTON. NORTH CAROLINA 28402.0147

JACKEY'S CREEK, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOP-
MENT OF THE REAL PROPERTY DESCRIBED IN THE DEED REFERENCED
HEREIN, AND THAT THE REMAINDER OF SAID PROPERTY MAY AND CAN BE
USED, DEVELOPED, CONVEYED AND/OR IMPROVED FOR PURPOSES AND
SUBJECT TO RESTRICTIONS OTHER THAN AS SET OUT HEREIN.
IN TESTIMONY WHEREOF, JACKEY'S CREEK DEVELOPMENT, INC., the
DEVELOPER, has caused this instrument to be signed in its name by
its President, sealed with its corporate seal, and attested by
its Secretary this day of January, 1989.
ATTEST: JACKEY'S CREEK DEVELOPMENT, INC.
BY:
SECRETARY PRESIDENT
(AFFIX CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, , a Notary Public of
that
County and State aforesaid, do hereby certify
ly
came before me this day and acknowledged that' he/shenalis
Secretary of JACKEY'S CREEK DEVELOPMENT, INC., and
that, by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by its
President, sealed with its corporate seal, and attested by
himself/herself as its Secretary.
WITNESS my hand and notarial seal this day of
January, 1989.
My Commission Expires: Notary Public
(AFFIX NOTARIAL SEAL)
/JACKEY
RESTRICT
7
RYALS, JACKSON & MILLS
WILMINGTON, NORTH CAROLINA 28402.0147

' 94-11-23 12: 02 JACK STOCKS
ICos "762
49
K(I i jl Tj17 fl��l^i�e TJIIL
STATE OF NORTH CAROLINA
COUNTY OF 8RUNSWICK
94 NOV 15 ApffNp
NfT TO DECLARATION
RESTRICTIONS
i;O!".L. 1J.
4�y ( S CREEK PLANTATION
fiEUlaTEf? N REDS PHASE I -A
BRUNSWICK COTNTY. N.C.
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Jackey's
Creek Development, Inc., as the owner of all the interest and
equity in that certain subdivision in Brunswick County, North
Carolina, known as Jackey's Creek Plantation, phase IA, as the same
is shown on map prepared by Jack G. Stocks, Registered Land
Surveyor, which is recorded in Map Cabinet Y, at page 30, in the
office of the Register of Deeds of Brunswick County, containing 11
lots, and in order to promote a uniform and harmonious development
of said subdivision as a desirable residential community, does
hereby amend those certain Declaration of restrictions, JACKEY'S
CREEK PLANTATION, PHASE I -A, as recorded in Book 968 at Page 1054
in the office of the Register of Deeds of Brunswick County, North
Carolina, on, the 16th day of February, 1994, by adding to said
Restrictions as previously recorded one additional restriction and
covenant as follows:
26. ENVIRONMENTAL„ RESTRICTIONS: It is expressly understood
that all lots are subject to additional regulations by the State of
North Carolina sty as to protect the coastal, environment. All lots
are and shall continue to be subject to appropriate regulations by
the State of North Carolina. At the present time the State of
North Carolina restricts the square footage of impervious surfaces
(structures and/or paved surfaces, including walkways or patios of
brick, stone, slate or similar materials, driveways from the point
of the property line/street right of way to the paved street
running in front of the lot, and that a total of 15,000 is the
maximum amount of square footage of impervious surface' allowed for
each lot. No ditches shall be piped except for driveways.
ENFORCEMENT: The DEVELOPER, or any owner, or the State
of North Carolina shall have the right to enforce, by any
proceeding at law or in equity, all of the conditions, covenants
and restrictions of these provisions and any and all liens
hereinafter imposed pursuant to the provisions of these
Restrictions. Failure by the DEVELOPER or any owner or the State
of North Carolina to enforce any of the above shall in no event be
deemed a waiver of the right to do so thereafter. In addition to
the foregoiiia-""the DEVELOPER, any lot owner, or the State of North
Carolina shall have the right, whenever there shall have been built
on any lot any structure which is in violation of these previsions,
to enter upon, said lot where such violation exists,,and summarily
abate or remove the same at the expense of the owner, if after
thirty (30) days written notice of such violation it shall not have
been corrected by, the owner. Any such entry and abatement or
removal shall not be deemed a trespass.
JACKEY'S 5REEK DEVEL PMENT, INC.
BY:
2 _4Z
President
--- - + Secretary
AF IX �ORPO SEAL)
1�r
{�`rt'`l�Ur�fi �p E OWE IV I �.
Nov 2 3 19%
f PROJ
RvALs, RODINSON & SAFFO, P.C.
WILMINOTON. NORTH CAROLINA 26402-0135
RE1.
TOTA 1..
.,., ... �D...C1G_. �....... r!: V
BY , _._. _. _ F"f--

'94-11-23 12:03 JACK STOCKS
tj.1008 7s
STATE Off' NORTH CAROLINA
COUNTY OF NEW HANOVER
I°ec
A. • a Notary Public of said
County and State, do hereby -certify that
Personally came before me this day and
acknowledged that he/she is
Secretary of
JACKEY'S CREEK AEV$LOPMENT, INC., and that, by authority duly given
and as the act of the corporation, the foregoing instrument was
signed in its name by its _[' President, sealed with its
corporate seal, and attested by himself/herself as its
Secretary.
WITNESS my hand and notarial
1_4�
__ , 1994.
My CQmmisgion Expires:
11 F'7
(APFIX NOTARIAL SEAL)
.STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s)
y1�1155 i
kt+�+Rj
Notary(ies) Public (isXare) Certified to be Correct.
"his Instrument was riled for Registration on the Dayand flour in the book and Page shown on the First Page hereof.
ROBE T J. RWIS SON, Register or Deeds
RESTRICT/JACKEY-A
RRYALS, ROBINSON & SAFFO, P.C.
W11 MINGTQM. NORTH CAROLINA 28402-0135

Jackey's Creek Phase I
Brunswick County
Stormwater Project No. 881211 Revision
Engineer/Designer/Owner Certification
NOV 3 01994 tJ
19 —1 A C—Ic- G _ CAICS , having been authorized to observe
(periodically/weekly/full time) the construction of the project,
1C e -/ s
ect)
hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction of the stormwater control system for this project such that the construction was observed to
be built within substantial compliance and intent of the plans and specifications approved by the NCDEM
Water Quality Section. The layout of the impervious surfaces and the road details, as constructed,
conform with the layout and road details shown on the approved plans. (Note: if a copy of the recorded
deed restrictions has not been forwarded, you must provide a copy along with this form.)
Signature
Date
IIFC 0 i IM bu
D M
�'ItoJ S. IZ H
b -I W\� ��'