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HomeMy WebLinkAboutSW8031026_CURRENT PERMIT_20200515STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 D 310 o'LG DOC TYPE I CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE p5 1 5 _ YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Actnig Director May 15, 2020 Caw Caw Land Corporation Attn: Mason H. Anderson, President 252 S. Middleton Dr. NW Calabash, NC, 28467 NORTH CAROLINA Environmental Quality Subject: State Stormwater Management Permit No. SW8 031026 The Hamptons- Phase 1 and 2 High Density Subdivision Project New Hanover County Dear Mr. Anderson: The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for the subject project on May 14, 2020. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 02H.1000 (1995 Rules) as amended on January 1, 2017 (2017 Rules). We are hereby forwarding modified Permit No. SW8 031026 dated May 15, 2020, for the construction of the built -upon areas (BUA) and Stormwater control measures (SCMs) associated with the subject project. This permit shall be effective from the date of issuance until February 13, 2022 and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. Please refer to Attachment C for a detailed description of the current proposed modification and a list of all the past modifications approved during the effective period of the permit. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. Please add the attached plans to the previously approved plan set. Please replace the previous application (SWU--101j, proposed deed restrictions and protective covenants, the Wet Pond Supplements for Ponds 6 and 7, and an Updated Operation and Maintenance (O&AV Agreement for Ponds 6 and 7 with the attached modified versions. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ted Triantis in the Wilmington Regional Office, at (910) 796-7215 or ted.triantis@ncdenr.gov. Sincerely, Brian Wrenn, �ng Director Division of Energy, Mineral and Land Resources ®� �.y� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources •/ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 .p:ml rrnauria �+- Pewiwr\ / 910.796.7215 State Stormwater Permit No. SW8 031026 Page 2 of 2 Enclosures: Attachment A — Designer's Certification Form Attachment B — Built -Upon Area Allocation Attachment C — Permitting History Application Documents DESltjt: 111StormwaterTermits & Projects120031031026 HD12020 05 permit 031026 cc: J. Phillip Norris, PE Norris & Tunstall Consulting Engineers, P.C. Brunswick County Engineering Wilmington Regional Office Stormwater File State Stormwater Management Permit No. SW8 031026 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 (1995 Rules) as amended on January 1, 2017 (2017 Rules) (collectively, the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Caw Caw Land Corporation The Hamptons Phases 1 and // SR 1305 N of Brunswick Plantation, Calabash, Brunswick County FOR THE construction, management, operation and maintenance of built -upon area (BUA) draining to seven (7) wet detention ponds ("stormwater control measures" or "SCMs") as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until February 13, 2022 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. APPLICABLE RULES. The drainage areas and SCMs labeled Pond 1, 2, 3, 4, and 5 are subject to the 1995 Rules and as clarified in the 1995 Rule specific conditions listed herein. The drainage areas and SCMs identified as Pond 6 and 7 are subject to the 2017 Rules and as clarified in the 2017 Rule specific conditions listed herein. 2. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 4,427,512 square feet. The runoff from all BUA within the permitted drainage areas of this project must be directed into the permitted SCMs. The BUA requirements and allocations for this project are as follows: a. SCM BUA LIMITS. The SCMs labeled Ponds 1, 2, 3, 4, 5, 6, and 7 have been designed to handle runoff from the square feet of BUA as indicated in the chart below, respectively, within the delineated drainage areas. Pond 1 503,172 Pond 2 202,395 Pond 3 943,614 Pond 4 1,477,090 Page 1 of 7 State Stormwater Management Permit No. SW8 031026 Pond 5 77,646 Pond 6 405,883 Pond 7 817,712 The BUA for future development within the drainage areas of Pond 2, Pond 6, and Pond 7 are 700, 20,000, and 50,000 square feet, respectively. b. BUA FOR INDIVIDUAL LOTS. Each of the 463 lots are limited to a maximum amount of BUA as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. 3. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area improvements listed in G.S. 143-214.7(b2) or the Stormwater Design Manual have been proposed for this project. Pervious area improvements will be allowed in this project if documentation is provided demonstrating those improvements meet the requirements of the stormwater rule. 4. SCM REQUIREMENTS. The SCM requirements for this project are as follows: SCM DESIGN (2017 Rules). The SCMs for Drainage Areas 6 and 7 are permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. b. SCM DESIGN (1995 Rules). The SCMs for Drainage Areas 1-5 are permitted based on the following design criteria and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. Pond # Units 1 2 3 4 5 a. Drainage area acres 38.5 16.93 40.4 92.6 5.5 Onsite: Ft2 1,675,222 737,283 1,759,223 3,793,079 239,489 Offsite: Ft2 0 0 0 236,967 0 b. BUA: Ft2 503,172 202,395 943,614 1,477,090 77,646 tQ Lots Ft2 360,000 150,000 149,000 852,000 44,000 Streets Ft-1 104,805 48,9C1 48,391 240,935 33,646 Parking Ft2 0 0 0 0 0 Sidewalks Ft2 11,134 2,794 11,622 51,360 0 Future Multifamily A W 0 0 0 119,185 0 Future Mu€tifamily B Ft2 27,233 0 734,601 0 0 Amenity Ft2 0 0 0 74,000 1 0 Undesignated Future Ft2 0 700 I 0 0 0 Offsite (existing) Ft2 0 0 0 139,610 0 c. Pond Design Depth: Feet 5 5 6 6 5 d. TSS: % 90 90 90 90 90 e. Design Storm inches 1.0 1.0 1.0 1.0 1.0 f. Permanent Pool Fmsl 1 34.0 35.5 26.0 27.0 33.0 g. Permanent Pool Surface Area: Ft2 154,255 74,713 155,420 764,382 14,716 h. Storage Volume Ft3 159,343 37,808 78,520 783,696 15,158 i. Temporary Pool fms€ 35.0 36.0 26.5 28.0 34.0 j. Controlling Orifice (2-5 day drawdown) Inches 3"0 3" 0 2@4" 0 6" 0 1.5110 k. Permanent Pool Volume Ft3 782,941 I 299,277 779,324 3,773,735 45,123 I. Forebay Volume Ft3 270,584 72,648 206,489 2,373,198 10,087 m, Max Fountain: HP 2 HP N. HP 2 HP 3 HP 1/8 HP n. Receiving Stream Caw Caw Swamp o. River Basin LBR57 p. Stream Index No. 15-23 q. Stream Classification C' SW Page 2 of 7 State Stormwater Management Permit No. SW8 031026 1Q Where the drainage area lines split a lot into 2 or more sections, the lot BUA totals shown above reflect that split. The permittee must assure that these lot BUA splits are maintained as provided in the Lot BUA Inventory for each pond, which is incorporated as an enforceable part of this permit. c. POND DISCHARGE,(1995 Rules). A vegetated filter strip is not required for the discharge as the wet detention ponds have been designed for a 90% total suspended solids removal efficiency. d. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be followed in its entirety during construction. After the plants are established, the operation and maintenance agreement must be followed. e. FOUNTAINS (2017 Rules). At this time, a decorative spray fountain has not been proposed within the wet ponds. Decorative spray fountains will be allowed in the wet pond if documentation is provided demonstrating that the proposed fountain will not cause, resuspension of sediment within the pond or cause erosion of the pond side slopes FOUNTAINS (1995 Rules). Since the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: i. The fountain must draw its water from less than 2' below the permanent pool surface. ii. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. iii. The falling water from the fountain must be centered in the pond, away from the shoreline. iv. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for each fountain in these ponds is found in Row m of the table above. g. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water be maintained in the permanent pool, the vegetated shelf is planted with appropriate species that can handle fluctuating conditions, and human health issues are addressed. STORMWATER OUTLETS (2017 Rules). For Drainage Areas 6 and 7, the peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point 6. VEGETATED SETBACKS (2017 Rules). For Drainage Areas 6 and 7, a 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated in an SCM must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. 7. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: Page 3 of 7 State Stormwater Management Permit No. SW8 031026 a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT (2017 Rules). For Drainage Areas 6 and 7, the operation and maintenance agreement must be, recorded with the Office of the Register of Deeds. c. FINAL PLATS (2017 Rules). For Drainage Areas 6 and 7, the final recorded plats -must reference the operation and maintenance agreement and must also show all public rights -of - way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031026, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) per lot is as shown in Attachment B. This allotted amount includes any BUA 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 not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. Should any 2 or more contiguous building lots be combined to create a Modified Building Lot, then in that event, the allocated impervious coverage for each lot shall be added together and allocated to the modified building lot. The Architectural Review Committee shall enforce this regulation. viii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. ix. All runoff from the BUA on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system and/or a vegetated conveyance. X. For the Drainage Areas 6 and 7, a 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. xi. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. e. DEEDS FOR INDIVIDUAL LOTS (2017 Rules). The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. 8. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During construction, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are converted to SCMs or no longer needed. Once the device is converted to a SCM, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. Page 4of7 State Stormwater Management Permit No. SW8 031026 b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device and/or removed or destroyed during construction, it must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration, a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. 9. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 10. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 11. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on - site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 5 of 7 State Stormwater Management Permit No. SWB 031026 12. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(3). 13. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. 14. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants, ii. The assignment of declarant rights to another individual or entity; iii. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; V. Bankruptcy; vi. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 15. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. b. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. c. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. Page 6 of 7 State Stormwater Management Permit No. SW8 031026 d. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. f. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. g. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. h. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction, Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit modified, updated, and reissued this the 15th day of May 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wren , i rb6t6 r Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 031026 Page 7of7 State Stormwater Management Permit No. SW8 031026 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification As -Built Designer's Certification General MDC As -Built Designer's Certification for Wet Detention Pond Project A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Permit No. SW8 031026 AS -BUILT PERMITTEE CERTIFICATION hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature a Notary Public in the State of County of , do hereby certify that personally appeared before me this day of , 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires �Permittee's Certification NCAC .1042(4) completed Provided NIA A. DEED RESTRICTIONS / BUA RECORDS 1. The deed restrictions and protective covenants have been recorded Y or N and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants Y or N has been provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note Y or N 1 B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff / conveyance system Y N are located in recorded drainage easements. or 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that Y N have an SCM include the following: or 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in Y N NCGS 143 Article 21 if the SCM is removed, relocated or altered or without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and Y N appears in the chain of title. or F. OPERATION AND MAINTENANCE PLAN — maintenance records are being kept in a known set location for each SCM and are available for Y or N review. G. DESIGNER'S CERTIFICATION FORM — has been provided to the Y N Division.. or Page 1 of 6 State Stormwater Management Permit No. SW8'031026 Note 1- Acceptable records include ARC approvals, as -built surveys; and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 6 State Stormwater Management Permit No. SW8 031026 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC hereby state that I am a licensed professional and I certify by my signature and seal below, that have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number Date SEAL: Signature Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. OO N/E = not evaluated (provide explanation on page 2) OO NIA = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC OAs-built ON/E ©NIA .1050 A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is Y or N bypassed. 4. Runoff from offsite areas and/or existing BUA is directed Y or N into the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted Y or N SCM that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project Y or N has been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design Y or N criteria. B. VEGETATED SETBACKS I BUA 1. The width of the vegetated setback has been measured Y or N from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 Y or N b2 2 is located in the setback. Page 3 of 6 State Stormwater Management Permit No. SW8 031026 4. BUA that does not meet the requirements of NCGS 143- Y or N 214.7 (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at Y or N the edge of the setback and allowed to flow through the setback as dispersed flow. OO As -built ®NIE ©NIA C. STORMWATER OUTLETS — the outlet handles the peak Y N flow from the 10 year storm with no downslo a erosion. or D. VARIATIONS 1. A variation (alternative) from the stormwater rule Y N provisions has been implemented. or 2. The variation provides equal or better stormwater control Y N and a ual or better protection of surface waters. or E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y N has been met. or F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required Y or N storm depth. G. CONTAMINATED SOILS — infiltrating SCM's are not Y or N located in or on areas with contaminated soils. H. SIDE.SLOPES 1. Vegetated side slopes are no steeper than 3H:1 V. Y or N 2. Side slopes include retaining walls, gabion walls, or Y or N other surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N supporting documents for soils and vegetation). I. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the Y or N discharge point during the peak flow from the 10 year storm. J. EXCESS FLOWS —An overflow/ bypass has been Y N provided. or K. DEWATERING—A method to drawdown standing water has Y or N been provided to facilitate maintenance and inspection. L. CLEANOUT AFTER CONSTRUCTION — the SCM has been Y or N cleaned out and converted to its a2proved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes Y or N >3:1. N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or Y or N 89F of the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "WE", below. Attach additional pages as needed: Page 4 of 6 State Stormwater Management Permit No. SW8 031026 AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3), Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration Number Date SEAL: Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 ON/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Consultant's Certification (MDC .1053) OAs-built OWE ON/A A. Forebay 1 Depths / Fountain 1. The available Sediment storage is consistent with the Y N approved plan and is a minimum of 6 in, or 2. Water flow over the forebay berm into the main pond Y N occurs at a non -erosive velocity. or 3. The provided Forebay Volume is 15%-20% of the main Y N pool volume. or 4. The Forebay entrance elevation is deeper than the exit Y N elevation into the pond. or 5. The Average Design Depth of the main pond below the permanent pool elevation is consistent with the permitted Y or N value? 6. Fountain documentation is provided. Y or N B. Side slopes 1 Banks 1 Vegetated Shelf 1. The width of the Vegetated Shelf is consistent with the Y N approved plans and is a minimum of 6 feet. or 2. The slope of the Vegetated Shelf is consistent with the Y N approved plans and is no steeper than 6:1. or C. As -built Main Pool 1 Areas / Volumes i Elevations 1. The permanent pool surface area provided is consistent Y N with the permitted value. or 2. The Temporary Pool Volume provided is consistent with Y N the permitted value. or Page 5 of 6 State Stormwater Management Permit No. SW8 031026 3. The permanent pool elevation is consistent with the Y N permitted value. or 4. The temporary pool elevation is consistent with the Y N permitted value. or OO As -built QN/E OO NIA D. Inlets 1 Outlet 1 Drawdown 1. The design volume draws down in 2-5 days. Y or N 2. The size of the Orifice is consistent with the permitted Y N value. or 3. A trash rack is provided on the outlet structure. Y or N 4. Hydrologic impacts to the receiving channel are minimized Y N from the 1 yr 24 hr storm discharge? or 5. The inlets and the outlet location are situated per the Y N approved plan and avoid short-circuiting. or E. Vegetation: 1. The vegetated shelf has been planted with a minimum of 3 Y N diverse species. or 2. The vegetated shelf plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or Y or N no less than 24 inches on center. Provide an explanation for every MDC that was not met, and for every item marked "NIA" or "N/F below. Attach additional pages as needed: Page 6 of 6 State Stormwater Management Permit No. SW8 031026 Attachment B Buiit-upon Area (BUA) Allocations Lots Number of Lots Maximum Built -Upon Area sf Existing 441-453 13 7,500 Combined 454-455 1 7,500 x 2 = 15,000 total Existing 456-475 20 7,500 Combined 476-480 1 7,500 x 5 = 37,500 total Existing 822-989 168 5,000 Existing 990-1003 14 5,000 Proposed 1004-1170 167 3,500 Proposed 1400-1420 21 3,500 Proposed 1507-1515 9 3,500 Proposed 1530-1578 49 3,500 Total 463 Note: Lots 476-480 and 454-455 have been combined to create single lots with a cumulative BUA allocation. The proposed "Amendment to the Supplemental Declaration of Covenants, Conditions and Restrictions for the Hamptons at Brunswick Plantation" Document. Section i. of the referenced document states "Should any 2 or more contiguous building lots be combined to create a Modified Building Lot, then in that event, the allocated impervious coverage for each lot shall be added together and allocated to the modified building lot. The Architectural Review Committee shall enforce this regulation." Any additional lot combinations will require a modification to the permit to document the final lot configuration and resulting BUA allocation. Page 1 of 1 Attachment C - Permitting History The Hamptons Phases 1 and 2 Permit No. SW8 031026 Approval Permit Action BIMS Description of the Changes Date Version 1/6/2004 Original Approval 1.0 Low Density Master Plan subject to the 1995 Rules. Revising the project to a high density permit with 8 ponds. Remains subject to the 2/13/2008 Modification 1.1 1995 Rules 1. The construction of 45,690 sf for the Amenity Center. The Amenity Center is allocated 74,000 sf of BUA. The remaining BUA for future development within the Amenity Center is 2 8,3 10 sf. 2. The addition of a total of 14 new lots to the permit, 1 171-1 184. The permit now 9/1/2015 Modification 1.2 covers 492 single family lots. 3. The renumbering of lots due to duplicate and incorrect numbering. 4. BUA allocations for future development within the multi -family areas and the Amenity Center have been specified. Using 23,548 sf of future BUA allocated to the amenity area for a sidewalk, tennis 3/12/2019 Minor 1.3 courts, and pickle ball courts. The remaining future BUA for the amenity area is Modification 4,762 sf. 1. Pond 8 eliminated. 2. Pond 6 BUA previously was 1,021,429sf Pond 6 now has a BUA of405,883sf. Major 3. Pond 7 previous BUA was 165,863sf. Pond 7 now as a BUA of 817,712sf. 5/15/2020 Modification 14 4. Ponds 6 & 7 under 2017 rules. 5. Lots Combined for extra BUA under new Amendment: Lots 454/455 into 1 single lot; Lots 476/477/478/479/480 into I single lot. Page 1 of 1 D MLR USI: ONLY Bate Rqceivod, Fee Paid Permit Number 1 D 14 03$5 SLJ8 0310 Applicable Rule Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph 11 - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina JAN 2 7 71') Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): The I-lamptons - Phase 2 2. Location of Project (street address): North Balfour Dr City:Ash CountyBrunswick Zip:28420 3. Directions to project (from nearest major intersection): From the intersection of US 17 & Pea Landing I:d SR 1304 : 0.4 mi N on Pea Landing Rd 1.1 mi W on Number Five School Rd 4. Latitude:33° 57' 1.8,39" N Longitude:-78° 33' 41.29 W of the main entrance to the project. II. PFRMIT INFORMATION: 'I. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenezoals 7cith niodificalions also requires SWU-102 - Renc-Toal Application Font, b.lf this application is being submitted as the result of a modification to an existing permit, list the existing permit 11umberSW8 031026 , its issue date (if known) , and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®I -sigh Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4.a.Add iHonal Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/hrosion Control: 51.67 ac of Disturbed Area ❑NPD1:S Industrial Stormwater ❑404/401. Permit: Proposed Impacts b.lf any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No Dyes Form SWU-101 Version Oct. 31, 2013 Page l of 6 If yes, see S.L. 20.12-200, Part VI: htt ortal.ncdenr.or web lr rules -and -re ulati ns III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Caw Caw Land Corporation Signing Official & Title:Mason H. Anderson, President T b.Contact information for person listed in item la above: Street Address:252 S. Middleton Dr., NW City: Calabash State:NC Zip:28467 Mailing Address (if applicable): City: State: Zi Phone: (910 ) 845-6928 Fax: ( ) Email:mha2@atmc.net c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organizati Signing Official & Title:_ b.Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address (if applicable): City: State: Zip: Phone: Fax: f ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title: b.Contact information for person listed in item 3a above: Mailing Address: City: State: Phone: l ) Fax: , Email; 4. Local jurisdiction for building permits: Zip: JAR 2 7 20M Point of Contact: Michael Slate Phone #: (91.0 253-2047"� Fonn S W U-101 Version Oct. 31, 2013 Page 2 of 7 IV. PROJECT INFORMATION 1. In the space provided below, briefiy summarize how the stormwater runoff will be treated. Wet Retention Ponds 2. a.If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW —1995 ❑ Ph 11— Post Construction 3. Stormwater runoff from this project drains to the Lumber River basin. 4. Total Property Area: 341.88 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area': 341-88 acres Total project area shall be calculated to exclude the foIlozoing: the norrnal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NNW) Iine or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHO) line. The resultant project area is used to calculate overall percent built upon area (BETA). Non -coastal wetlands landward of the NHW (or MHW) line tnay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 29.7 % 9. How many drainage areas does the project have? 7 (For high density, count 1 for each proposed engineered Stormwater BMP. For low density and other projects, use I for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Form SWU-101 Version Oct. 31, 2013 Page 3 of EGEfVE BY: Basin Information Drainage Area Drainage Area Drainage Area Drainage Area Receiving Stream Name Stream Class * Stream Index Number * See Attachment Total Drainage Area (sf) On -site Drainage Area (sf) Off -site Drainage Area (sf) Proposed Impervious Area** (so % Impervious Area** (total) Im ervious" Surface Area Draina e Area Draina e Area Draina e Area Draina e Area On -site Buildings/Lots (sf) On -site Streets (sf) On -site Parkin (so See Attachment On -site Sidewalks (sf) Other on -site (sf) Future (so Off -site (sf) Existing BUA*** (sf) Total (so: Stream Class and Index Number can be determined at: http://portaI.ncdenr.org/web/wq/ps/csu/classifications ** Im ervivus area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. N1A Proiects in Union County: Contact DEMLR Central Qfjice steff to check if the project is located within a Threatened & Endangered Species watershed that maybe suhject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdenr.org/web/wq/ws/su[bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http:/Lportal,ncdenr.or /g webLa/ws/su/statesw/forms dots. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at httpJ/portal.ncdenr.org web/wglws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://portal.ncdenr.orgLweb/wq/ws/sulstateswZforms does. I. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed signed and dated)�1 !� agreement(s) for each BMP. i k �� 4. Permit application processing fee of $505 payable to NCDENR. (For Ex s review ref http://www.envhelp.org_/pagesZonestopexi2ress.html for informatilont�Ii 2pres�s p og l:onn SWU-101 Vernon Oct. 3 1, 2013 Page 4 of 7 BY: and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for the project. This is required in addition to the brief summary provided in the Project Information, item 1. b. A USCS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/z mile of the site boundary, include the mile radius on the map, 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). n 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify tt elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior to submittal, (910) 795-7378.) 10. A copy of the most current property deed. Deed book: 2120 Page No: 1228 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. h ttp: //www.secretary.state. n c. us/Corporations/CSea rcli. a spx ECEIVE� JAN 2 7 2010 li� .1 BY. Form SWU-101 Version Oct. 31, 2013 ['age 5 of 7 VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from httpJ//portal.ncdenr.org/web/lrlstate- stormwater-forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:l. Phillip Norris. P.E. Consulting Firm: Norris & Tunstall Consulting Engineers, P.C. Mailing Address:1429 Ash -Little River Road City: Ash State:NC Zip:28420 Phone: (910 ) 287-5900 Erna i 1: pnorris@ntengineers.com Fax: (910 ) 287-5902 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 7a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. -GEI V E JAN 2 l 2M BY: Form SWU-101 Version Oct. 31, 2013 Page 6 of 7 ,As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the Dl;MLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Dorm within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: I, a Notary Public for the State of , County of do hereby certify that personally appeared before me this _ day of and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission X. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in Contact Information, item 1a) Mason H. Anderson , certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applic, stormwater rules and 15A N C 21 I .1000 and any other applicable state stormwater requirements. M` Signa r Date: /A? 1'... PrnnCyNQ WPXSyr1 a Notary Public for the State off Iy County of Q)CLAL 5W C do hereby certify that Mokzor\ - Ar\Ae- san personally appeared before me this alf�ay of =-Qv\U0,rq and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, r2rrl��-[ �GL.�rJ,•� TAMMY T WATSON NOTARY PUBLIC Brunswick County North Carolina My C,omdulon Expires May 20, 2V4 Form SWU-101 Version Oct. 31, 2013 SEAT, My commission expires 5 ' a`� ' ay "_3 .BAR 2 l 2020 Page 7 of 7 BY- OIJE I YSATCA Ystv�J vl,*.P Ll Attachment A Basin Information Drains e Area 1 lDrainageArea2 jDrainage Area 3 jDrainageArea4 jDrainage Area 5 1 Drainage Area 6 Drains e Area 7 Drainage Area 8 Receiving Stream Name CRNV Caw Swamp Stream Class * C:SNN, Stream Index Number * 15-23 Total Drainage Area (so 1.675.222 737,283 1.759.223 4.030,046 239,489 864.977 1.395.402 Eliminated On -site Drainage Area (0) 1,675 222 737.283 1.759.223 3.793.079 239.489 864.977 1.395.402 Off site Drainage Area (so 0 0 0 236.967 0 0 0 Proposd impervious Area** (si) 503.172 202.395 943.614 1,477.090 77.646 405.883 817.712 % Impervious Area** (total) 30,04 27.45 53.64 36.65 32.42 46.92 58.60 Impervious" Surface Area Drainage Area I Drainage Area 2 Drainage Area 3 Drainage Area 4 Drainage Area 5 Drainage Area 6 Drainage Area 7 Drainage Area 8 On -site BuildingslLots (sf) 360.000 150,000 149.000 852.000 44.000 283,500 577.500 On -site Streets (sO 104.805 48.901 48.391 240.935 33.646 88.795 162.904 On -site Parkin (sf) 0 0 0 0 0 0 0 On -site Sidewalks (sf) 11.134 2,794 11.622 51.360 0 13.588 27.308 Other on -site (sO 0 0 0 74,000 0 0 0 Eliminated Future (sf) 27.233 700 734,601 119.185 0 20,000 50.000 Off -site (sl) 0 0 0 139.610 0 0 0 Existing BIJA*** (sf1 0 0 0 0 0 0 0 Total (sf): 503.172 202.395 943.614 1.477.090 77.646 405.883 817.712 JAN L 7 ? High Density Residential Subdivisions Deed Restrictions & Protective Covenances BY: In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Mason H. Anderson, acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031026 , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming trader them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built -upon area per lot is 3,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7, Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. 8. All runoff from the built -upon areas on the /of must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Signature: 1, A" I . Date: lb h--Z a Notary Public in the State of N . L • , County of 13 r LA n s W Z G`k , do hereby certify that m0.s0C\ 0 personally appeared before me this the day of 20 Ad , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, fAtMATSON �J NOTARY PUBLIC SigOafure Brunswick County My Commission expires North Carolina My Commission Expires May 20, 20M Form DRI'C_3 Rev.2 05Nov2009 Page I of I �° c` =��� State of North Carolina County of Brunswick EC E IVE APR 0 9 20M BY: AMEN DM ENT TO THE SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE HAMPTONS AT BRUNSWICK PLANTATION This Amendment to the Supplemental Declaration for The Hamptons which appears in Deed Book 3691 at page 756 is made this day of April 2020. RECITALS A) Caw Caw Land Corporation, the Declarant, caused to be recorded that certain Master Declaration of Covenants, Conditions and Restrictions for The Hamptons recorded in Deed Book 3645 at page 962; and B) In Article 3 Section 2, the Declarant reserved the right to further establish covenants, conditions and restrictions by causing to be recorded Supplemental Declarations; and C) The Declarant caused to be recorded a Supplemental Declaration for The Hamptons area which appears in Deed Book 3691 at page 756; and D) Article 12 of the Supplemental Declaration contained the allowed square footage of Impervious Coverage for each lot, but failed to articulate how the allocation of Impervious Coverage would be recalculated and assigned to the combined adjacent lot(s) to create a Modified Building lot; and E) The Declarant wishes to amend the Supplemental Declaration appearing in Deed Book 3691 at page 756, The Hamptons, to cure that omission. NOW THEREFORE pursuant to Article 3 Section 2 of the Master Declaration as appears in Deed Book 3645 at page 962, the Declarant hereby amends Section 12 IMPERVIOUS COVERAGE of the Supplemental Declaration by adding the following: i) Should any 2 or more contiguous building lots be combined to create a Modified Building Lot, then in that event, the allocated impervious coverage for each lot shall be added together and allocated to the modified building lot. The Architectural Review Committee shall enforce this regulation. IN TESTIMONY WHEREOF, Caw Caw Land Corporation has caused this instrument to be signed by its President the day and year first written above. Caw Caw Land Corporation Title: Date: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK This _day of April in the year 2020, personally appeared before me Mason H. Anderson, President of Caw Caw Land Corporation, a North Carolina S Corporation, who being duly sworn and personally known to me or I have seen satisfactory evidence of above named person by state or federal photograph identification ( ), says that he is the duly authorized President of Caw Caw Land Corporation, a North Carolina S Corporation and that he signed the foregoing instrument on'behalf of said company. Witness my hand and official seal or stamp this day of April 2020. Notary Public Notary Public printed or typed name My commission expires SUPPLEMENT-EZ COVER PAGE FORMS LOADED M-4-lq I V'4I 5u8 031426 PROJECT INFORMATION' 1 Project Name T_64"Mam_ pfons-;Ph"ase 2 7 2 Project Area (ac) 3 Coastal Wetland Area ac > '`:.J.,LL i 4 Surface Water Area (ac) "0. 5 Is this pLoject High or Low Density? �Yr �' ` '"µi , "' °`l�i'ti r, 6 Does this project use an off -site SCM? No COMPLIANCE:;WIT} 02141003(1)' 7 Width of vegetated setbacks provided feet �i q} jf. T "''",NlA• Vy. 8 Will the vegetated setback remain vegetated? 9 Is BUA other that as listed in I 0034 c-d out of the setback? 10 Is streambank stabilization proposed on this project? 4.:• N1A '" NUMBER AND TYPE OF SCMs:. _ ,11 Infiltration S stem 12 Bioretention Cell 13 WetPond " e .Stu :.. _'_= �2 94 Stormwater Wetland ;_uM =rr aili . a r'_ a:f�:0, 15 Permeable Pavement _ '` ',, 0.- 16 Sand Filter ` 17 Rainwater Harvesting RWH� 18 Green Roof ';y r, 0 19 Level Spreader Strip LS-FS -Filter 20 Disconnected Im ervious Surface (DIS) 21 Treatment. Swale 22 Dry Pondr i� I �r Q.a;ti.v 23 StormFilter 24 Silva Cell 25 Ba filter - , a 0 26 IFilterra ;,- y �. �, 0 FORMS'LOADED DESIGNER CERTIFIGATIONE,' 27 Name and Title: _ f,f?hilli Norris;P.E. a•;,.,;, if:".. - ly 28 Organization: Norrisie?Tunstaii¢Consuliin-3Eri ineers;"P E:a 29 Street address: 1"429:Ash=Little River'Road ''-. 30 City,State 2i Rsh''NC'28420t." A 31 Phone numbers w 90 287`59QQ. '• _ -if 4 n 32 Email: pnorhs@ntengineers MAR 2 6 2M certincation statement; J.. BY: ,ceriify iunder'perEalty'of,law that thisSuppleibent-EZ forri ,and all,supporting information were preparedsunder'my'directionlor supervision; that, the. information, provided'in•the form.is;.to the best of my know' Wge'and belief, true;°accurate,'and complete;;and, that the engineering plans„specification s; operatron.and maintenance agreements and other,supporfing information are consistent witfi'the A� %if' 4"") *.::,1 | Sea! 7�vZo Date DRAINAGE AREAS 1 Is this a high density project? Yes 2 If so, number of drainage areas/SCMs 2 3 Is all/part of this project subject to previous rule versions? No FORMS LOADED DRAINAGE AREA INFORMATION Entire Site 1 2 4 Type of SCM Wet Pond 6 Wet Pond 7 5 Total BUA in projects ft 4427512 sf 405883 sf 817712 sf 6 New BUA on subdivided lots (subject to permitting) sq ft) 2416000 sf 283500 sf 577500 sf 7 New BUA outside of subdivided lots (subject to permitting) (s 1871902 sf 122383 sf 240212 sf 8 offsite - total area sq ft 236967 sf 0 sf 0 sf 9 Offsite BUA (sq ft 139610 sf 0 sf 0 sf 10 Breakdown of new BUA outside subdivided lots: - Parking (sq ft) 0 sf 0 sf 0 sf - Sidewalks ft 117806 sf 13588 sf 27308 sf - Roof (sq ft 0 sf 0 sf 0 sf - Roadway(sq ft) 728377 sf 88795 sf 162904 sf - Future (sq ft 951719 sf 20000 sf 50000 sf - Other, please specify in the comment box below _sq ft 74000 sf 0 sf 0 sf 11 New infiltrating permeable pavement on subdivided 110ts sq ft 0 sf 0 sf 0 sf 12 New infiltrating permeable pavement outside of subdivided lots (sq ft 0 sf 0 sf 0 sf 13 Exisitng BUA that will remain (not subject to erg mittin9Lsq ft) 0 sf 0 sf 0 sf 14 Existing BUA that is already permitted (sq ft 0 sf 0 sf 0 sf 15 Existing BUA that will be removed (sq ft 0 sf 0 sf 0 sf 16 Percent BUA 30% 47% 59% 17 IDesign storm inches 1.5 in 1.5 in 18 IDesign volume of SCM cu ft 62213 cf 122162 cf 19 Calculation method for design volume Simple Simple ADDITIONAL INFORMATION 20 Please use this space to provide any additional information about the drainage area(s): New DA##6: 864,977 sf New DA#7: 1,395,402 sf Existing DA#'s 1-5 remain unchanged; DA#8 eliminated Other BUA 74,000 sf Amenity WETPOND Drainage area number - --- 6 — -- ---_ __ 7 - F1 2 Design volume of SCM (cu ft) 62213 cf 122162 cf GENERAL MDC FROM 02H .1050 3 Is the SCM sized to treat the SW from all surfaces at build -out? Yes Yes 4 is the SCM located away from contaminated soils? No No 5 What are the side slopes of the SCM (RV)? 3:1 3:1 6 Does the SCM have retaining walls, gabion walls or other engineered side slopes? No No 7 Are the inlets, outlets, and receiving stream protected from erosion (10-year storm)? Yes Yes 8 Is there an overflow or bypass for inflow volume in excess of the design volume? Yes Yes 9 What is the method for dewatering the SCM for maintenance? Pump (preferred) Pump (preferred) 10 If applicable, will the SCM be cleaned out after construction? Yes Yes 11 Does the maintenance access comply with General MDC (8)? Yes Yes 12 Does the drainage easement comply with General MDC (9)? Yes Yes 13 If the SCM is on a single family lot, does (will?) the plat comply with General MDC (10)? No No 141 Is there an O&M Agreement that complies with General MDC (11)? Yes Yes 15 Is there an O&M Plan that complies with General MDC (12)? Yes Yes 16 Does the SCM follow the device specific MDC? Yes Yes 17 Was the SCM designed by an NC licensed professional? Yes SA/DA Yes SA/DA WET POND MDC FROM 02H .1053 181 Method used 19 Has a stage/storage table been provided in the calculations? Yes Yes 20 Elevation of the excavated main pool depth (bottom of sediment removal) (fmsl) 26.00 25.00 211 Elevation of the main pool bottom -(top of sediment removal) (fmsl) 26.50 25.50 22 Elevation of the bottom of the vegetated shelf (fmsl) 30.50 29.50 23 Elevation of the permanent pool (fmsl) 30.50 29.50 24 Elevation of the top of the vegetated shelf (fmsl) 31.50 30.50 25 Elevation of the temporary pool (fmsl) 31.65 30.25 26 Surface area of the main permanent pool (square feet) 40777 sf 139647 sf 27 Volume of the main permanent pool (cubic feet) 150238 cf 524679 cf 28 Average depth of the main pool (feet) 3.70 ft 3.80 ft 29 Average depth equation used Equation 2 Equation 2 30 If using equation 3, main pool perimeter (feet) 311 If using equation 3, width of submerged veg. shelf (feet) 6.0 ft 6.0 ft 32 Volume of the forebay (cubic feet) 24729 cf 100909 cf 33 Is this 15-20% of the volume in the main pool? Yes Yes 34 Clean -out depth for forebay (inches) 12 in 12 in 35 Design volume of SCM (cu ft) 62213 cf 122162 cf 361 Is the outlet an orifice or a weir? Orifice Orifice 37 If orifice, orifice diameter (inches) 4 in 6 in 38 If weir, weir height (inches) N/A N/A 39 If weir, weir length (inches) N/A N/A 40 Drawdown time for the temporary pool (days) 2.26 2.33 41 Are the inlet(s) and outlet located in a manner that avoids short- circuiting? Yes Yes 42 Are berms or baffles provided to improve the flow path? No No 43 Depth of forebay at entrance (inches) 48 in 48 in WET POND 44 Depth of forebay at exit (inches) 42 in 42 in 45 Does water flow out of the forebay in a non -erosive manner? Yes Yes 46 Width of the vegetated shelf (feet) 6 ft 6 ft 47 Slope of vegetated shelf (H:V) 6.1 6:1 481 Does the orifice drawdown from below the top surface of the permanent pool? No No 49 Does the pond minimize impacts to the receiving channel from the 1- yr, 24-hr storm? Yes Yes 50 Are fountains proposed? (If Y, please provide documentation that MDC(9) is met) No No 51 Is a trash rack or other device provided to protect the outlet system? Yes Yes 52 Are the dam and embankment planted in non -clumping turf grass? Yes Yes 53 Species of turf that will be used on the dam and embankment Bermuda Bermuda 54 Has a planting plan been provided for the vegetated shelf? Yes Yes - ADDITIONAL, INFORMATION_ 55 Please use this space to provide any additional information about the wet pond(s): [ Operation & Maintenance Agreement Project Name: I The Hamptons — � A SWg 03 f0 6 Project Location: I Ash, NC cover Page Maintenance records shah be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & cc Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: ding O&M tables will Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): oe aaaea automaticai 4" 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. " Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Signature: County of Mason H. Anderson President, Caw Caw Land Corporation 252 S. Middleton Dr. NW Calabash, NC 28467 910-845-6928 mha2atmc.net ANSa r\ personally appeared before me this 1 1 Date: Moll? a Notary Public for the State of N do hearby certify that nAkf son day of �0. 'J A_r aC a,U and acknowledge the due execution of the Operat ns and Maintenan a Agreement . Witness my hand and official seal,'^ TAMMY T WATSON NOTARY PUBLIC Brunswick County North Carolina My Commission Expires May Sea! STORM-EZ Version 1.4 My commission expires S.aO- Auaa O&M Manual 1/16/2020 Page 1 of I ,•I Wet Detention Pond Maintenance Requirements E The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the - basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant rqh 7" r,'. ff l' health. lants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. Iffying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is BY:. ` necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM-EZ 1 /24/2020 Version 1.4 O&M Manual Pager Lof,t{ 4 I._ I I Wet Detention fond Maintenance Requirements (Continued) 1 The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately, on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers_ A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. STORM-EZ 1 /2412020 Version 1.4 09M Manual Page of ►{ 1 I Wet Detention Pond Design Summary E Wet Pond Diagram WET POND ID FOREBAY MAIN POND 6 Permanent Pool El. 30.5 Permanent Pool El. 30.5 Temporary Pool El: 31.65 Temporary Pool El: 31.65 Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 4 than forebay? Sediment Removal Et: 27.5 Sediment Removal El: 26.5 Has Veg. Filter? Yes Bottom Elevation: 26.5 Bottom Elevation: 26 WET POND ID FOREBAY MAIN POND 7 Permanent Pool El. 29.5 Permanent Pool El. 29.5 Temporary Pool El: 30.25 Temporary Pool El: 30.25 Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 4 than forebay? Sediment Removal El: 26.5 Sediment Removal El: 25.5 Has Veg. Filter? Yes Bottom Elevation: 25.5 Bottom Elevation: 25 STORM-EZ 1/24/2020 Version 1.4 O&M Manual Page 4 of 4 Pemut No. S c-) S 0 3 (O2 to nl ov (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality . - , STORMWATER INLkVAGEIVIENT PERN11IT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photoca*d for use as an anginal DWQ Stormwater management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION �irnncr�y � �r�5��cst �'+bn Project Name: e5T atA I rtlori�`�n Contact Person: Phone Number: ( qta) 7-67- (aG89 For projects with multiple basins, specify which basin this worksheet applies to: SW Pond zt- elevations Basin Bottom Elevation Zq ft. Permanent Pool Elevation Temporary Pool Elevation areas Permanent Pool Surface Area 1 S4t ZS5 sq. ft. Drainage Area ac. Impervious Area ac. volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SAMA1 Diameter of Orifice Design Rainfall Design TSS Removal 2 '7ez,9_q I cu. ft. S _ cu. ft. a cu. ft. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off site drainage to the basin) r (on -site and off -site drainage to the basin) Rub -5a^ 06 (combined volume of main basin and forebay) A 3� t (volume detained above the permanent pooh (approximately 20% of total volume) A 4 i below P�= 3`l r. (surface area to drainage area ratio from DWQ table) (2 to 5 day temporary pool draw -down required) (minimum 85% required) IRECE JAN 2 5 2008 � -1 " Form SWU-102 Rev 3.99 Page 1 of 4 �y i, Footnotes: i When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 21A .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Is a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. '> Z.CP6, c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. 1f required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. 111. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does adot not incorporate a vegetated filter at the outlet. This system (check one) 0 does (Ydoes not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: I . After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (Le, catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads '& ? S feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.`i5 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) 0 Permanent Pool Elevation Sedimen7tRe oval El. �.� 75 0 -------------- -- Sediment Removal Elevation 75% BottomEle ation 79 % -------------------------------- ------------ ------- Bottom Elevation 25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7, All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: �,M Me.[�tM6 Title: _ s�Se- c. ccla.f j Address: i'.4. i�a�C �(�<-q ('aVbasf..ICJC' Z YY69 _ _ 0 S. n Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, , a Notary Public for the State of f Or±�n CGA.1 County of r 5�.�eC��- , do hereby certify that .Jtmmc( -'a _ personally appeared before me this ot4 ► day of , AcCI_, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, �k CU1;1��y SEAL My commission expires _ Lp - 15 - a009 Form SWU-102 Rev 3.99 Page 4 of 4 Elevation FOREBAY 'A' FORE13AY 'B' FORESAY 'C• FOREBAY .0• FOREBAY "E' MAIN POND Tatal Fore'A' and MEM Pond Total All Foreb2VS and Maln Pond M5L' SF SF SF 5F fSF SF; S SF 29 15475 0 0 0 0 77211 92686 92686 29.5 16342 975 11222 4723 3467 61368 97 0 118097 34 26523 11090 19578 12304 9436 127732 154 55 207463 34.5 27416 34430 21432 14046 10830 131920 220074 35 28317 15722 22382 14942 1155) 136113 164430 2290Z7 35.5 29224 17039 23347 15854 12283 140316 169540 238063 35.75 29680 17690 23835 16317 12654 142420 172100 242596 36 30139 S8354 24327 16783 13031 144523 174662 247157 36.25 30599 IS021 24823 17254 13410 146631 177230 Z51738 36.5 31060 19692 25322 17729 13792 148743 179801 256336 FOREBAY FORESAY FOREBAY FOREBAY FOREBAY MAIN Tot;! Eleva "A• "B" T. "E" PO 'A" al Pond Ft - Ft CF CF CF CF 29.0. 34.0 i 04995 512358 617353 34.0.35.0 27420 - 131923 159343 Fombaya (B-D) Totals Forebaya 29.5-34.0 28946 69300 38311 Z9032 - 165589 Total Volume @ PP - 782341 CF = G 1 -1i 3E 3 -V ! 6a'!5 S89 Total Forebay Volume (ALL FOREBAYS) - 270584 CF = 104 19 q s a r(O5, 5 a9 % Forebay Volume 34. (o % ?��l1 Pons mnanen�- co� - 3`-f Ag'�A. EAL 9f. 9816 t��L�i �JAU,A', e- F-ronv� Fo rc ba• I's L Permit No. 'S�J F 031OZ61AOCI (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Contact Person: rnrvo,, M e. La.•ab Phone Number: ( 9,1d) ZS' 7 - GGq R For projects with multiple basins, specify which basin this worksheet applies to: SW `ond elevations Basin Bottom Elevation _ M.S ft. (floor of the basin) Permanent Pool Elevation _ 3E S ft. (elevation of the orifice) Temporary Pool Elevation 3Cc •O ft, (elevation of the discharge structure overflow) areas Permanent Pool Surface Area r7 I I sq. ft. (water surface area at the orifice elevation) Drainage Area /(o.9Z_�ac. (on -site and off -site drainage to the basin) Impervious Area 4. &S ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume 0R9,Z'7'? cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 37,So8 cu. ft. (volume detained above the permanent pool) Forebay Volume Z. &48 cu. ft. (approximately 20% of total volume) Other parameters SALDA 1 Z•oZtS (surface area to'drainage area ratio from DWQ table) Diameter of Orifice 3 in. (2 to 5 day temporary pool draw -down required) Design Rainfall j in. & Design TSS Removal 2 qo % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 F`aotnotes: t When using the Division SA/DA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal, 11. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements' per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. - Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in th'e Stormwater Management Permit Application Form, the agent may initial below. If a requirement.has not been met, attach justification, Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submersed and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. .� m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does Wdo not incorporate a vegetated filter at the outlet. This system (check one) 0 does 9 oes not incorporate pretreatment other than a forebay, Form SWU-102 Rev 3.99 page 2 of 4 Maintenance activities shall be performed as follows:- i . After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be. disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3_ �75 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3' S feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 35.S Sediment Re oval El. 3175 75 a ---------- Sediment Removal Elevation 3t �� 75% Bottom Ele ation---- - %---------------------------------------------i------ FOREBAY Bottom Elevation 30.S i 23% MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7: All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: =Afr n(V-ov Me_ Lawb Title: Address: P C.Rox � 7 9 CALbash _. &)C 232467 Signa Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, a Notary Public for the State of .lu—WA aQ.ro�a�, County of `�-► j[)I-M ZLt I,c_ , do hereby certify that 6 personally appeared before me this ag ` day of ;TL the -2001 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, o 'TARS, ri v' ou SEAL My commission expires _ _ _ N - (S- A.to! Form SWU-102 Rev 3.99 Page 4 of 4 -.... : - ` � ..i. _.. � - ., � .. i s Permit No. Sw3 C�3IOZ�v Ho (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review_ A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Brunswick{{ 'P6v6 4e-x k\nnk-, A4A1-�tian Contact Person: , , c,,nr,� M A. LAeyNb Phone Number: ( Ct 10 ) Z$r?- Ce C.Sa For projects with multiple basins, specify which basin this woricsheet applies to: Si,s 9onei elevations Basin Bottom Elevation ZO ft. Permanent Pool Elevation Temporary Pool Elevation Z ft. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area I SS q?a sq. ft. (water surface area at the orifice elevation) Drainage Area 40. 38GZ ac. (on -site and off -site drainage to the basin) Impervious Area Z 1. 6 (, ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume '7 cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume SZo cu. ft• (volume detained above the permanent pool) Forebay Volume 4 89 cu. ft. (approximately 20% of total volume) Other parameters SA/DA1 Z.gSZ (surface area to*drainage area ratio from DWQ table) Diameter of Orifice Z - Lf in. (2 to S day temporary pool draw -down required) Design Rainfall in.� Design TSS Removal 2 C % (minimum SS% required) i Form SWU-102 Rev 3.99 Page 1 of 4 2 �� l Footnotes: t When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. 11. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health -and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .I008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e: If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3: L. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. _ m. A mechanism is specified which will drain the basin for maintenance or an emergency. 17 III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does Wild of incorporate a vegetated filter at the outlet. This system (check one) 0 does oes not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: t. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occtu-s within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads Ld - S feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 4•S feet in the forebay, the sediment shall be removed. Sediment Removal El. Z i• .5 J 75 Bottom Ele ation-- - % ---- -- --- - 3 FORE13AY BASIN DIAGRAM ill in the blanks) Permanent Pool Elevation :Z (22 Sediment Removal Elevation Z j.s 75% Bottom Elevation ZO 25% MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SW U-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Title: Address: P D. 9OX I g962 Ca\(LbaSh AJC 2B146r7 Phon+ Signa Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, , a Notary Public for the State of /Ll :z LICLVO ✓ n"� County of ,6i4nAf-�'Llc_ , do hereby certify that CJiWlike- 1awl %� personally appeared before me this cQ5`�"day of t trh,a , at�y7 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires L -1 S - awo Form SWU-102 Rev 3.99 Page 4 of 4 Permit No. P02) OBI oZU (1'oQ (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGB/IENT PERNIIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original _DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet' detention basin supplemdot for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. - PROJECT INFORMATION I �irti,trly � �►n5�,ck Q�an�bn Project Name: e5 Norte W,4`on Contact Person: )`mW,y 1Y1r,11un6 Phone Number: LC to ) Z8'7- 6GS9 For projects with multiple basins, specify which basin this worksheet applies to: j�.J Pond elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation 2 k ft. 7— 7 ft. Zg ft. (floor bf the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area Z sq. ft. (water surface area at the orifice elevation) Drainage Area QZ.S�'-1 ac. (on -site and off -site drainage to the basin) Impervious Area 33,g093 ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume . Other parameters SA/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal z Form SWU-102 Rev 3.99 773 "-95N cu. ft. (combined volume of main basin and forebay) 3 (o�3(a_)cu. ft. (volume detained above the permanent pool) L_zr3*'3J9S cu. ft. (approximately 20% of total volume) �3Z5 (surface area to drainage area ratio from DWQ table) �r 60 in. (2 to 5 day temporary pool draw -down required) Y in. % {minimum 85%required} RECEIVED 1 DEC 9.. 1 7007 0��� . Page i of 4 BY; Stormwater Pond #4 Surface Areas FOREBAY FOREBAY FOREBAY S. MAIN CENTER N. MAIN Elevation "A" "B" "C" POND MAIN POND POND TOTALS MSL SF SF SF SF SF SF SF 21 300195 24650 0 89083 42902 46722 503552 23 315308 30353 53802 100877 49310 53233 602883 25 330664 36298 61565 112783 55832 59856 657018 26 338433 39796 65642 130850 65828 70339 710888 27 346263 42985 69697 149168 76081 80188 6438 28 354154 45984 77991 1S8421 81303 85156 803009 29 362106 48832 82230 167737 86589 90153 837647 SA ukS Voiumes FOREBAY FOREBAY FOREBAY S. MAIN CENTER N. MAIN Volume Between "A" "B" "C" POND MAIN POND POND TOTALS Ft - Ft CF CF CF CF CF CF CF 21-26 1596570 161115 164105 549833 271825 292653 3036100 26-27 3423 8 41 91 67670 140009 70955 75264 737 5 21-27 938918 202506 231775 689842 342780 367916 3773735 27-28 350209 44485 44 153795 78692 82672 6 21-26 305619 Total Volume @ PP = 3773735 CF e (Y)Ww, DO'a 9p= Zr7 r Total Forebay Volume = 2373198 CF Sl.i r x t�S4 DEC 2 1 Z007 _ procs;C 4 54pr&j C F Footnotes: t When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 909o' TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Storrnwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 207o of the basin volume. 7 ?1040 c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest ribht- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the �bTmar__ basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does �oes o not incorporate a vegetatedfilter at the outlet. This system (check one) 0 does not incorporate pretreatment other than a forebay. Form SW U- t 02 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4 S feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 14• 5 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation Z- 7 Sediment Re oval El. ------Sediment Removal Elevation Z2. 5--%" _______ 75 Bottom Ele ation ?� %--------------- -- __ ___ FORF,BAY Bottom Elevation _Zt i 25% MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. 'these plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 399 Page 3 of 4 7, .All components of the wet detention basin system shall be maintained in good working order, I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: ` Title: Ser r,rAc+rV Address: D. Sox 996 Calabash MC ZBLIG 7 Phon Sign; Date Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, _ ru �.. Ftdui5llrsrl , a Notary Public for the State of 4ef-4 & o Lhc— County of !LLLvj"?Ljc _ , do hereby certify that �m nL&4 CLa&h personally appeared before me this .I54% day of i n _ ,JO'j , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, V OTA,� SEAL My commission expires to - i S - J009 ____ Norm SW U-102 Rev 3.99 Page 4 of 4 i Permit No. SW? U 3102(o ! oc3 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN, SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: f A ln., t-k AAA,.o 2, , Contact Person: �; rr, .� e.�,b Phone Number: ( EO_ )_ZS-7- CoGSS For projects with multiple basins, specify which basin this worksheet applies to: SW Pond �S elevations Basin Bottom Elevation ft.. (floor of the basin) Permanent Pool Elevation 33 ft. (elevation of the orifice) Temporary Pool Elevation -_14 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 1'1,r7IG sq. ft. (water surface area at the orifice elevation) Drainage Area 5.Lf9'"� ac. (on -site and off -site drainage to the basin) Impervious Area ) - " BZS ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SAIDA I Diameter of Orifice Design Rainfall Design TSS Removal Z L6,IZ3 cu. ft. (combined volume of main basin and forebay) IS ' I S8 cu. ft. (volume detained above the permanent pool) I D48'7 cu. ft. (approximately 20% of total volume) Z. 34q (surface area to'drainage area ratio from DWQ table) 1 • in. (2 to 5 day temporary pool draw -down required) in. (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: t When using the Division SAIDA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the' actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the. Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification, Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. If the basin is used for sediment and erosion control during construction, clean out of the POZA&F—m-` basin is specified prior to use as a wet detention basin. _ m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does Wdojumnot incorporate a vegetated filter at the outlet. This system (check one) 0 does oes not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.'75 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.'_)5 feet in the forebay, the sediment shall be removed. Sediment Ren10val El. Z9,25 175 -------- -- Bottom Ele ation FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation ------------------------------------------ Sediment Removal Elevation ZaZS Bottom Elevation Z6 MAIN POND 75% 25 % 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form S WU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Title: Address: O. 9"X �y9�9 Ca\Gabo5% MC Z81467 Phony Signa Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public For the State of County of , do hereby certify that CTrhrx-U k—kamin personally appeared before me this As`"' day of "kiC? , 4W7 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, G �cK COt1N�� . SEAL My commission expires -I S- a069 Form S W U-102 Rev 3.99 Page 4 of 4 The Hamptons Phase I and II Stormwater Permit No. SW8 031026 Modification Brunswick County Desig er•s Certification State Stormwater Management Systems Permit No. SW8 03106Mod Paget of 2 I, vR. as a duly registered the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, BE (Project) M: TM15 GMrcG4itonl t5 . 5vj pOMD5 1l Z1314 S orJt_Y for CAW } ( � C Q ,,� T (Project. Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: 00 (_ f 041)SaZ PVA AZT occuRMD D094 W. CV417TRVC 7b r f Am> AAff- vJ1 M t &[ TW_ Noaot&_ eXP1 =D 6oa,5TrA& 749PJ 7b ES. SEAL Signature Registration DateOSA, Bale • � • ti RHGIf1 �g ft+�`f Q ,>Jtot�5 C JjqlFtGkTlorS FDfZ frr g'W aV59 TW5 PRVsFeT, EIVE .SUN 0 5 2015 v12 ehnzt Page 7 of 8 Certification Requirements: tZ Page 2 of 2 The drainage area to the system contains approximately the permitted acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. All the built -upon area associated with the project is graded such that the runoff drains to the system. All roof drains are located such that the runoff is directed into the system. The outlettbypass structure elevations are per the approved plan. The outlet structure is located per the approved plans. Trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. Vegetated slopes are no steeper than 3:1. The inlets are located per the approved plans and do not cause short-circuiting of the system. The permitted amounts of surface area and/or volume have been provided. Required drawdown devices are correctly sized per the approved plans. All required design depths are provided. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Brunswick County Building Inspections Page 8of8 CAW CAW LAND CORPORATION DBA BRUNSWICK PLANTATION 380 BRUNSWICK DRIVE NW CALABASH, NC 28467 October 7, 2015 Tracy Davis Division of Energy, Mineral and Land Resources Land Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Regarding: Permit No. SW8 031026 Modification Dear Tracy Davis: nECEIVEII OCT 13 2015 BY: ------- Enclosed you will find the required recorded supplemental declaration subjecting lots 970-989 and 1171-1184 Phase II of our Hamptons Community to the permit requirements. As you can see it has been recorded in Deed Book 3691 Page 0756 of the Brunswick Registry. Sincerely, Mason A derson - 09 25 2015 I II I III 1�11I 11� I I11 ! 1 ill I11�111 Brenda M . C l m36monsPROP Brunswick Countv- NC Reaister of Deeds oaae t of t0 D V Presenter L � Ret C� �y Total Rev SUPPLEMENTAL DECLARATION CONTAINING ADDITIONAL BY: Int. Ck$?7, Ck#40%Cash$ Refund: Cash $ finance ❑ Pnrtipns of document are illegib4e due is ppsiditlpn of original. ' ['a Document contains seals venried by origlna4 Insftumentthat cannot bs reproduced or copied. COVENANTS, CONDITIONS AND RESTRICTIONS COVERING PARCELS A AND B SHOWN ON THE MAP RECORDED IN MAP CABINET ��, PAGE � OF THE BRUNSWICK COUNTY REGISTRY AND THE LOTS (LOTS 970-989 and 1171-1184, PHASE II (THEI-IAMPTONS), IN BRUNSWICK . PLANTATION) TO BE LOCATED THEREON WHEREAS, on or about April 12, 1991, Caw Caw Land Corporation (hereafter called "The Company") executed as "Declarant" its "Master Declaration and Development Plan for Burunswick Plantation," which has been amended at various times by The Company and the Brunswick Plantation Property Owners Association, Inc. by amendments recorded at the Brunswick County Registry (hereafter called the "Master Declaration"); and WHEREAS, The Company is the owner of that certain real property described as Parcels A and B, as shown on the map recorded in Map Cabinet Q I , Page 77 of the Brunswick County Registry ("The Property") and the Lots to be located thereon, namely Lots 970-989 and 1171-1184, Phase II, in Brunswick Plantation; and WHEREAS, The Company desires to develop The Property as Detached Single-family Residential Lots ("The Lots"), and in order to establish a unique, superior -and integrated community within The Property, protect the value of individual Lots and to assure the architectural environment within The Property in keeping with the high standards of Brunswick 2 09-25-2015 j B3691 P0757 14:54:36.001 Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 2 of 10 Plantation, The Company desires to subject The Property to the additional Covenants, Conditions and Restrictions set forth herein. NOW, THEREFORE, The Company submits and subjects The Property to the following Covenants, Conditions and Restrictions: 1.Submission of Pro a to Covenants: Pursuant to the provisions of Article III, Section 2 of the Master Declaration, The Company submits and subjects The Property (Parcels A and B and Lots 970-989, and 1171-1184 , Phase lI (Brunswick Plantation) to be located on Parcels A and B) to the Covenants, Conditions and Restrictions contained herein which shall constitute equitable servitudes which shall run with the land. Every grantee of an interest in any Lot within of The Property, by acceptance of a deed or other conveyance of such interest, agrees to be bound by the Covenants, Conditions and Restrictions contained herein. All land within The Property, which is not shown on the Plat as residential Lots, shall remain property of The Company unless otherwise sold, transferred or conveyed. Such retained property shall include all roads, traffic islands, lakes, ponds, wildlife areas, lagoons, golf course holes and easements, if any, contained within The Property. 2. Submission of Additional Property: The Company may, at any time, subject other real property to the Covenants, Conditions and Restrictions contained herein by recording a plat which recites on the face thereof that the lots thereon are subject to this Supplemental Declaration or a declaration which states the lots referenced therein are subject to this Supplemental Declaration. 3. Building Restriction: The Hamptons, Phase II, is a pre -approved model village and, therefore, requires construction and reconstruction of a Dwelling and any other improvement on the Lot to be in keeping with the theme and general character of the community. In order to 2 'J Ill 11 Ill I Jill 11111111111111111111 B3691 PM. 075$ mmons.3fi'PR 1 Brunswick County, NC Register of Deeds page 3 of 10 carry out this requirement, the Lot owner must build his Dwelling and any other improvements to be located on the Lot according to specific models, the plans and specifications for which have been pre -approved by the Architectural Standards Committee. In no event, however, shall a dwelling have a minimum square footage of less than 1,500 square feet of living space (heated and cooled living space) and a two (2) car garage. If a dwelling constructed on a Lot within the Property contains two or more floors, then the ground floor of the dwelling shall have a minimum of 1,300 square feet of living space (heated and cooled living space) and a two (2) car garage. In addition, all dwellings constructed on a lot shall: (a) have a minimum first floor elevation at least two (2) feet above the 100-year flood elevation as designated on the official Brunswick County Flood Plain Maps on file with.the Brunswick County Planning Department; and (b) be designed and constructed in compliance with the requirements of the Brunswick County Building Code for residential construction; and (c) be constructed according to the Architectural and Landscaping Plans which have been approved as to architectural style, exterior materials, color schemes, placement on the Lot and landscaping by the Architectural Standards Committee. Reconstruction or repairs shall also comply with these provisions. 4. Service Yards: Each owner of a Lot shall provide visually -screened areas to serve as service yards in which storage containers or sheds, garbage receptacles, fuel tanks, electric meters, air conditioning equipment, and similar items must be placed or stored in order to conceal them from view from the streets and adjacent properties. Visual barriers shall be built by the owner as directed by the Architectural Standards Committee to shield the service yards. 5. Use of Lots and Dwellings: Each Lot shall be used exclusively for Detached Single - Family Residential purposes. No trade or business of any kind may be carried on in any I! I it EI III �I I I l� I� I f I� 11iI !li BB3691renda ?�7 l mm ns 365PROP Brunswick County, NC Register of Deeds page 4 of 10 Dwellings, except for sales offices of the Company as permitted in the Master Declaration. The lease or rental of any Dwelling within The Property for a period of less than thirty (30) consecutive days is prohibited. All lessees or tenants of Dwellings within The Property shall in all respects be subject to the terms and conditions of this Declaration. 6. Exterior Appearance of the Dwellin : Unenclosed garages or carports may not be utilized. No foil or other reflective materials shall be used on any window for sunscreens, blinds, shades, or other purpose, nor shall any window -mounted heating or air-conditioning units be permitted. All blinds, curtains and other window treatments must conform to the regulations established by the Architectural Standards Committee. Except within screened service yards, outside clotheslines or other outside facilities for drying or airing clothes are specifically prohibited. No clothing, rugs, or other items may be hung on any railing, fence, hedge, or wall. 7. Nuisance: No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any Lot, nor shall any,nuisance or odors be permitted to exist or operate upon or arise from any Lot, so as to render any portion thereof unsanitary, unsightly, offensive, or detrimental to persons using or occupying any other portions of The Property. Noxious or offensive activities shall not be carried on in any Lot or Dwelling. Each Lot owner, his family, tenants, guests, invitees, servants, and agents shall refrain from any act or use of a Lot or Dwelling which could cause disorderly, unsightly, or unkept conditions, or which could cause embarrassment, discomfort, annoyance, or nuisance to the occupants of other portions of The Property. Noxious or offensive activities shall not be carried on in any Lot or Dwelling which would result in a cancellation of an insurance for any portion of The Property, or which would be in violation of any law or governmental code or regulation. 4 URI 2SM5 IIIII A ICI IMIMI 111111111 � ���� 14:54'36.001 Brenda M. Ciemmens PROP Brunswick County, NC Register of Deeds page 5 of 10 8. Privacy: The Dwelling shall be constructed on the Lot so as not to interfere with the privacy of adjacent Lot owners and in accordance with the guidelines set by the Architectural Standards Committee. The Single -Family Residential building, including garage, shall be the only structure located on the Lot (unless it is concealed within'the service yard). 9. Mail Box and Newspaper Receptacle Design: All mail and newspaper receptacles shall be constructed in keeping with the plans provided by the Architectural Standards. 10. Lighting: No outdoor lights shall be allowed on the Lot which project high density off site illumination. One driveway light shall be maintained at all times. The light pole and fixture shall be approved by the Architectural Standards Committee. The light shall constitute a part of the street lighting system and shall, therefore, be on an automatic light switch control so as to provide street lighting and driveway identification from sunset in the evening until sunrise in the morning. 1 l . Garages: The garage, which is part of the Dwelling Unit, shall at all times be -used as a garage and not enclosed as living space. The garage shall be equipped with an electric garage door opener. The garage door shall be in a down or closed position at all times except when a motor vehicle is being placed inside or taken outside the garage. All motor vehicles shall be parked or stored inside the garage or in the specific spaces inside the Lot or designated by the Architectural Standards Committee. 12 Impervious Coverage: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031026 MOD, as issued by the Division of Water Quality under the Stormwater Management Regulations. 09 25 2015 14:54:36.001 III Bren691da M. Ca ns to Brunswick County, NC Register of Deeds page E b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the . express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water quality. f The maximum built -upon area per lot, in square feet, is as listed below: Lots 970-989 & 1117-1184 5,000 SF per lot 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 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. h. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing there into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. 10 09 25 2015 - ��I4IIlIQ EI Ilf Il I��IIIQII I�IIII I Ill s���762�m ons 54:36.001 PROP Brunswick County, NC Register of needs page 7 of 10 13. Delayed Construction: Construction of a dwelling on a Lot within The Property shall commence within eight (8) years of the date The Company conveyed the Lot to the original Owner (hereafter called the "Delayed Construction Period"). Should the original Owner convey the lot or title be passed in any manner before the eight (8) year period runs, then the Delayed construction Period shall be automatically extended for an additional three (3) years. A conveyance or passage of title by a subsequent Owner shall not extend the construction period. The Company or its General Contractor shall be the exclusive builder. The relevant portion of the Sales Contract (Paragraph 8 Special Conditions) to be entered into by the original Purchaser and The Company is attached hereto as Exhibit "A" and incorporated herein by reference. 14. Amendment: This Supplemental Declaration may only be altered, modified or changed by a written document executed by the owners of a majority of the Lots and will only become effective upon recordation in the Brunswick County, North Carolina, Public Registry. 15. Binding Effect and Duration: These Covenants, Conditions and Restrictions shall run with the land and shall be binding on all parties owning any portion of The Property, their heirs, successors and assigns, for the same period of time as the Master Declaration, including extensions thereof. In all events, the stormwater management requirements shall remain in effect. 16. Cumulative Effect: All of the Covenants, Conditions, and Restrictions contained in this Supplemental Declaration shall encumber The Property in addition to those contained in the Master Declaration. Wherever a provision of this Supplemental Declaration conflicts with specific provisions of the Master Declaration, the provisions of the Master Declaration shall prevail. I l � l f i� 9119l ll1 � I l l� l l f0ll l l III BBr69i PVC63 mm ns PROP Brunswick County, NC Register of Deeds page 8 of 10 17. Enforcement: The Declarant, the Association or any Owner of a Lot within The Property shall have the right (but not the affirmative obligation) to enforce, by proceedings at law or in equity, all the Restrictions, Conditions, Covenants, Easements and Reservations now or hereinafter imposed by the provisions of this Declaration; however, the failure to do so shall not be deemed a waiver of the right to do so in the future. Furthermore, the Company reserves for itself, and the Association and their agents and employees, the right to enter upon any Lot for inspection. X f Witness this da of September, 2015. CAW CAW LAND CORPORATION H. Anderson, President STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, a Notary Public in and for the State and County aforesaid, do hereby certify that MASON H. ANDERSON, President of Caw Caw Land Corporation, personally appeared before me and who being personally known to me and being duly sworn says that he is a duly authorized officer for Caw Caw Land Corporation and as such has the authority to act in and or said corporation, and that he signed the foregoing or annexed instrument on behalf of Caw Caw Land Corporation in the capacity herein stated and acknowledged the said writing to be the act and deed of Caw Caw Land Corporation. WITNESS my hand and official seal or stamp, this the day of September, 2015. •� �` ''� Notary Public Official Signature Notary Printed or Typed Name U B �:J �. rY tic •,�� a0 C$ My commission expires: I l a 09-25-2015- III I lI !I II ll B3691 P0764 14:54 ; 36.001 Brenda M' Ckemmons 10ROP Brunswick County, NC Register of Deeds page 9 PHASE II, PRE -APPROVED MODELS EXHIBIT "A" ADDITIONAL TERMS AND CONDITIONS — PAGE I S. SPECIAL CONDITIONS: a. Pre -Approved Models Requirement: The only home which may be constructed on this lot is one of our pre -approved models for this particular village. b. Home Construction Time -Frame Requirement: Construction of a home on this lot must be commenced within eight (8) years from the date of your closing on the lot with Us. However, should You, the original Purchaser, convey the lot or title be passed in any manner before the eight -year period, has run, We, the Company, hereby agree to automatically extend the delayed construction period for three (3) additional years, making a total in all events of not more than eleven (11) years. A conveyance or passage of title in any manner by a subsequent owner shall not extend the construction period. c. We (or our General Contractor) are the Exclusive Builders in this Village: In consideration of our agreeing to convey the lot without a house constructed on it and agreeing to a delayed construction period, You hereby agree that We, the Company, or our General Contractor will be your exclusive builder and You will contract with Us to build the model and options You choose from our Pre -Approved Models. d. The Construction Contract: The Prototype construction Contract which will be used to govern the construction process is attached as Exhibit "C". Prior to commencement of construction, it will be filled in to reflect the model, options chosen, allowances for certain items, and the resulting construction price. It will then be signed by the proper parties. e. Contract Construction Price: Our currently effective Construction Price List for the various approved models, options, and allowances for certain items is attached as Exhibit "B". If You enter into a Construction Contract with us within thirty (30) days from date of this Purchase contract, We agree to build and You agree for us to build the home and options you choose at the cost (considering the appropriate allowances) taken from the attached Price List (Exhibit "B") bearing date of . If, however, You delay commencement of construction beyond that date, the construction price for the Construction Contract will be taken from our then currently effective Construction Price List, subject to adjustment by the allowance schedule. In this connection, should our then effective Construction Price List for the model and options You choose exceed the prices shown on Exhibit "B" by more than the adjustment in this price as measured by the Marshal & Swift Residential Cost Handbook, Comparative Cost Multipliers by Region Table, then the Construction Price will be capped at that adjusted number plus 1.5%. 09 25 2015 ll ll II gg ll II ff ii B3691 p01B5 14.54:36.001 I��r oBrenda M. f Deeds Cemo saf 1ROP Brunswick County, N g page PHASE Ili, PRE -APPROVED MODELS EXHIBIT "A" ADDITIONAL TERMS AND CONDITIONS — PAGE 2 f. Damages for Breaeb of these Special Provisions: You agree that these Special Provisions are substantially to your benefit and that any breach of its requirements will result in substantial damages to Us. We agree that our failure or refusal to contract to build a properly selected model and options for the appropriate price may result in substantial damages to You. g. These Special Provisions Run with the Lot: These Special Provisions are contained in the Supplemental Declaration covering this lot and are, therefore, intended to be binding upon You, your heirs and assigns. You acknowledge that should You convey this lot prior to construction, You will include these Special Provisions in your sales contract so that the buyer will be aware of these conditions. In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, _Jimmy McLamb acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number _SW8 031026 , as issued by the Division of Water Quality under NCA C 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area per lot, in square feet is as listed below: Lot # BUA Lot # BUA 441-605 7,500 SF 822-1201 5,000 SF Note There is a gap (no lots) between Lot #605 and Lot #822 due to the way lots are separated by relative size on this project and numbered. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain int9-tKe—_sy__s-tVm are not required to provide these additional measures. Date:__i.2 - ao-O'y a Notary Public in the State of _ 66&41 , ias-oL nor County of do hereby certify that t], it r— Lam b personally appeared before me this the .,2046^ day of !)ecP1 er , 2D 0'7 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official sea ynazwA X TA -Al Signature I i..'�• My Commission expires !o -15 -aoaq DEC 9. 1 7007 �¢'�'coki . High Density Residential Subdivisions Deed Restrictions & Protective Covenances NT# 14027 In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the,design criteria used to size the stormwater control facility. I, Mason H. Anderson, President of Caw Caw Land Corporation, acknowledge, affirm and agree by my signature below, that I will -cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031026 MOD as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take pla ce of the Division of Water Quality. 6. The maximum built -upon area per lot, in square feet, is as listed below: AUG 3 1 20�1 Lots & 1171-1184 5,000 SF per lot L3Y: This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to Drovide these additi al m sures. �y Signature:4Date: 4 Z I, Na+�eu � /�� e-�i� , a Notary Public in the State of l�of` �ctro �+ 4t County of rl.t,l'15 C,�i ! do hereby certify that M0.SC-4 �- e- CS6-6_ _personally appeared before me this the day of /ATU2 LW 20 1 , and acknowledge ,eeeeeeeec:pe�?f� the due execution of the foregoing instrument. Witness my hand and off1q, HO�y�,, SigftturEKJ iG V8L1C My ComaTission expires �2�, V Form DRPC-3 Rev.2 05Nov2009 Page 1 of I ••, k C000;• deeeeaeieaeeeea�a In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, —Jimmy McLamb roP- (QAeoN H - AN acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number _SWS 031026 rnoD . as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Qualify. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area perlot, in square feet,-is.as listed below: Estate Lot # BUA Patio Lot # BUA 441-569 7,500 SF 822-1170 5, 000 SF Note: Estate Lot is larger lot; Patio Lot is smaller lot. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right -of --way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. T All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and dire m into a component of the stormwater collection system. Lots that will naturally drain " o the sy tem are not re wire to provide these additional measures. Sign ure: Date: 7 I, a Notary Public in the State of o o County of 8r d_S1Jc do hereby certify that ►rLU personally appeared before me this the `� day of Aejor.LLaN 20 OS , and acknowledge the due execution of the foregoing instrument. Witness my hand and off ^, Signature 4_.�-- o� My Commission expires 4..- /5'• �� OIL., COU FEB 0 8 IV t ten:'+p. � +�� � ♦ � � . ` � � � ...1 .� ,j 6 r High Density Residential Subdivisions Deed Restrictions & Protective Covenances NT# 14027 In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Mason H. Anderson. President of Caw Caw Land Corporation, acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031026 MOD as issued by the Division of Wafer Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place wit t-tGOORe of the Division of Water Quality. `�d' 6. The maximum built -upon area per lot, in square feet, is as listed below_ AUG 17 2015 Lots 991-1002 5,000 SFperlot By,�Ly8G310Z(o+ This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not requirea to provide these additional m asures. e: �i Date: dSO I a.n E w el i a Nota Public in the State of (,a -fa 1;yicz . I �. JCounty of �ruws w i c c— do hereby certify that 1N.Ll...zof1 tom'. �ric e-rs&yi personally appeared before me this the 1 L`O\ day of — A1_q u a _ 20 1,6 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, Sign ure y T�eli My Commis on expires 4S&pp t 8� 0-6/7 =m Form DRPC-3 Rev.2 05Nov2009 Page 1 of 1 So9GA �USL1G CK COIN ••••• oust%'O oo 0 O�NI01 January 25, 2014 Linda Lewis Environmental Engineer III NC Dept. of Environmental & Natural Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Notice of inspection, The Hamptons I & II Permit 4SW8 031026 Dear Ms. Lewis, ra ECEIV�` JAN 2 8 20i4 BY: 53(U2ro I acknowledge receipt of your January 22, 2014 letter regarding the above permit Notice of Inspection. Caw Caw's mailing address has changed and I apologize for not notifying you accordingly. ' The new address for Caw Caw Land Corporation is: 380 Brunswick Drive Calabash, NC 28467 We will notify the Secretary of State accordingly. Enclosed with this letter, you will find a recorded copy of the Restrictive Covenants which apply to The Hamptons, Phases I and 11 at Brunswick Plantation. These are the Restrictive Covenants which pertain to the same property as described in the above listed Permit 4SW8 031026. I know of no reason the Engineer cannot complete his certification; therefore, by copy of this letter to Mr. Jay l-Iokstoc;I am asking him to complete his certification and transmit it to your office. 380 Brunswick Drive • Calabash, North Carolina 28467 • Sales: 910.845.6928 • 1.800.835.4533, Em. 6928 Pro Shop: 910.845.6935 • 1,800,848.0290 The Maintenance Records are being maintained and are available for review. Please notify Heather Watkins Vaughn anytime a Department Representative wishes to review the Maintenance Records. I am sending Heather a copy of this letter so she will be on standby for any requests by the department to review her Maintenance Records. Finally, continuing work will be done on the ground cover on the pond slopes, along with any construction activities. Regards, Mason H. Anderson, President Caw Caw Land Corporation cc: Jay Hcvt�4cr4 Jimmy McLamb Heather Watkins Vaughn �'Op II II ll ii ii II rr II QQ 04 02 2007 ����Register �I iel �4IRobert J. R bQ page Robert oaf34.001 Brunswick County, g r of Peeds ECEI V JAN 2 8 2014 Taia ' Rev Int, Ck $ Ck mash $ Refund: Cash $ Finance- ❑ Portions of document are illegible due to cond*n of original. ❑ Document contains seals verified by original Instrument that cannot be reproduced or copied. SUPPLEMENTAL DECLARATION SUBJECTING LOTS 44I-480, PHASE _. � I, , BRUNSWICK PLANTATION TO THE CONSOLIDATED MASTER DECLARATION AND DEVELOPMENT PLAN FOR BRUNSWICK PLANTATION AND THE SUPPLEMENTAL DECLARATION CONTAINING COVENANTS, CONDITIONS AND RESTRICTIONS FOR SINGLE FAMILY CUSTOM HOME LOTS IN BRUNSWICK. PLANTATION WHEREAS, on or about January 29, 2007, Caw Caw Land Corporation (hereafter called "The Company") executed as "Declarant" its "Consolidated Master Declaration and Development Plan for Brunswick Plantation," (hereafter called the "Master Declaration"); and WHEREAS, by and through the execution and"recording of the Master Declaration in Book 2545, Pages 797-840 of the Brunswick Registry, The Company has placed those certain Covenants, Conditions and Restrictions embodied in the Master Declaration on the Real Property described therein; and WHEREAS, pursuant to Article II, Section 2, of the Master Declaration, the Company has reserved the right to further restrict the Development of any portion of the real property encumbered by the Master Declaration by placing such additional Covenants, Conditions and Restrictions on any real property as it deems necessary; and WHEREAS, on or about the 12"' day of April, 1991, the Company caused to be executed and recorded its "Supplemental Declaration Containing Covenants, Conditions and Restrictions for Single -Family Detached Custom Home Lots in Brunswick Plantation" (hereafter called the Z) 82583 P0�30.. a7 , 37 15 Register of DeedsJ. page Robinson2a{4 005 Brunswick County, NC "Supplemental Declaration"), which is recorded in Deed Book 839, Pages 735-740 of the Brunswick County Registry, and WHEREAS, pursuant to Paragraph 2 of the Supplemental Declaration, the Company has reserved the right to subject additional real property to the Supplemental Declaration by recording plats which recite on the face thereof that the lots shown thereon are subject to the Supplemental Declaration; and WHEREAS, the Company is the owner of Lots 441-480, Phase I, Custom Home Lots, (in The Hamptons), in Brunswick Plantation, which are shown and described on the plats duly recorded in Map Cabinet 37 at Pages 76-77 of the Brunswick County Registry (hereinafter called "The Property"), and it desires to subject The Property to the Master Declaration and Supplemental Declaration; and WHEREAS, the Company also desires to comply with the stormwater runoff rules adopted by the State of North Carolina by further restricting The Property so as to provide that no more than 7,500 square feet of each lot comprising The Property shall be covered by structures and/or paved surfaces. NOW, THEREFORE, the Company submits and subjects The Property, which is described on the plats duly recorded in Map Cabinet 37 , Pages 76-77 of the Brunswick County Registry, to the Master Declaration recorded in Book 2545, Pages 797-840 of the Brunswick County Registry and, except as amended hereinbelow, the Supplemental Declaration for SingIe-Family Detached Custom Home Lots in Brunswick Plantation recorded in Deed Book 839, Pages 735-740 of the Brunswick County Registry. The Company also submits and subjects The Property to the following additional Covenants, Conditions and Restrictions: B258 # 04 02 37. VV3 P053i 15 03 37.F Brunswick County, NC Register of bDeeds J. ageRobinson Page 3 of 4 1. Impervious Coverage: No more than 7,500 square feet of each lot which appears on the plat recorded in Map Cabinet 37 , Page 76--77 of the Brunswick County Registry shall be covered by structures and/or paved surfaces, including walkways -or patios of brick, slate or similar materials, but specifically excluding walkways and decks of wood provided that such walkways and decks are constructed in such a manner as to allow storm water runoff to infiltrate the soil beneath same. This covenant is intended to insure compliance with storm water rules heretofore adopted by the State of North Carolina and, therefore, may be enforced by the State of North Carolina. 2. Building Restriction: All Dwellings shall have a minimum of 2,000 square feet of - heated and cooled living space. If a Dwelling constructed on a Lot with The Property contains one and one/half (1 %Z) floors, then at least seventy-five (75%) percent of the gross square footage of the Dwelling shall be included on the first floor. If a Dwelling constructed on a Lot within The Property contains two (2) or more floors, then at least sixty (60%) percent of the gross square footage of the Dwelling shall be included in the first floor. In addition, all residential structures constructed on a Lot shall: (a) have a -minimum first floor elevation at least two (2) feet above the 100-year flood elevation as designated on the . official Brunswick County Flood Plain Maps on file with the Brunswick County Planning Department; and (b) be designated and constructed in compliance with the requirements of the Brunswick County Building Code for residential construction in flood hazard areas; and (c) be constructed according to the Architectural and Landscaping Plans which have been approved as to architectural style, exterior materials, color schemes, placement on the Lot and Landscaping by the Architectural Standards Committee. IN TESTIMONY WHEREOF, the parties hereto'set forth their hands and seals on this �0532 m5-03~37m00 Brunswick County, NC Register of Deeds' Robinson page 4 of 4 the 291h day of March, 2007. CAW CAW LAND CO DO STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Anderson, President . I, W " �le..s�t I� , a Notary Public in and for the State and County aforesaid, do hereby certify that Mason H. Anderson, President of Caw Caw Land Corporation, personally appeared before me and being duly sworn says that he is a duly authorized officer and agent of Caw Caw Land Corporation and as such has the authority to act in and for said corporation. I have personal knowledge of the identity of the above named authorized agent., and that he signed the foregoing or annexed instrument on behalf of Caw Caw Land Corporation in the capacity herein stated and acknowledged the said writing to be the act and deed of Caw Caw Land Corporation. a,,. Witness my hand and official seal or stamp, this day of T W a,` 2007. =Lf- EAL Y•�JyU-4 0 Notaryth Carolina Notary Public Official Signature nswick Hewett My Commissio- E E,. 3 �riaAeic j e4 "Notary Printed or Typed Name (Seal or Stamp) My Commission Expires: 4- t i,-o a oa 02 20© Jill 111111111111111111111111111111111 B2583 P0526 0, Robinson Brunswick County, NC Register of Deeds page 2 of 3 ECV JAN 2 8 2014 BY' Z03/aZ(� �cl � r' (Cash —' Cash S Finance (] Pc1ces of are ,ilegible due to wnditan of o4nal. D Oo.urmnt contains seals verified by ortgtnal p hfmnt that f;annot be repsodoced or eDpk f. SUPPLEMENTAL DECLARATION SUBJECTING LOTS 919-969, PHASE II (THE HAMPTONS), IN BRUNSWICK PLANTATION TO THE SUPPLEMENTAL DECLARATION CONTAINING ADDITIONAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOTS IN THE HAMPTONS AND THE CONSOLIDATED MASTER DECLARATION AND DEVELOPMENT PLAN FOR BRUNSWICK PLANTATION WHEREAS, on January 29, 2007, Caw Caw Land Corporation (hereafter called "The Company") executed as "Declarant' its "Consolidated Master Declaration and Development Plan for Brunswick Plantation," (hereafter'called the "Master Declaration"); and WHEREAS, by and through the execution and recording of the Master Declaration in Book 2545, Pages 797-840 of the Brunswick Reg =`— `r''=-'`'� -��" "-- placed those certain covenants, conditions and restrictions embo Declaration on the Real Property described therein; and WHEREAS, pursuant to the provisions of Article IL P Declaration, The Company reserved the right to i any portion of the real property encumbered by the additional covenants, conditions and restrictions on a. necessary; and WHEREAS; -on-or about June 12, 2006, The Con. !I#J ti ��527 0402 2007 rgdn2oof3.000 Brunswick County, NC Register the Supplemental Declarations Containing Additional Covenants, Conditions and Restrictions for Lots 822-893 and Lots 894-918, Phase II (The Hamptons) in Brunswick Plantation in Book 2409, Page 1075-1084 of the Brunswick County Registry (hereinafter called the "Supplemental Declaration"); and WHEREAS, The Company, pursuant to Paragraph 2 of the Supplemental Declaration, reserved the right to subject additional real property to the covenants, conditions and restrictions contained in the Supplemental Declaration by recording a plat which recites on the face thereof that the lots thereon are subject to the Supplemental . Declaration; and WHEREAS, The Company is the owner of that certain real property described as Lots 919-969, Phase H (The Hamptons) in Brunswick Plantation (hereafter called "The Lots"), which lots are more particularly described on the plat recorded in Map Cabinet 37 , Pages 72--75 of the Brunswick County Registry; and WHEREAS, the plat recorded in Map Cabinet 37 , Pages 72--75 of the Brunswick County Registry recites on the face thereof that the lots described thereon are. subject to the Master Declaration and. Supplemental Declaration; and WHEREAS, The Company now wishes to further confirm that The Lots are subject to both the Master Declaration and Supplemental Declaration. NOW, THEREFORE, the purpose of this declaration is to further confirm that' . The Lots, which are described on the plat recorded in Map Cabinet 37 , Pages 72-75 of the Brunswick County Registry, are subject to the covenants,. conditions and restrictions embodied in (i) the Consolidated Master Declaration and Development Plan for Brunswick PIantation recorded in Book 2545, Page 797-840 of the Brunswick 2 I1lI11lIl11lil1111111l�111lI11 illllll 8z s� P@528 0$-03-37.0 Brunswick County, NC Register of Deeds. pagenson 3 of 3 County Registry, and (ii) the Supplemental Declaration recorded in Book 240% Page 1075-1.084 of the Brunswick County Registry_ Witnessed this 2nd day of April , 2007. I: STATE OF NORTH CAROLINA COUNTY OF BRUNS WICK H. Anderson, President I, ems, i I I W 14ea e 11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Mason H. Anderson., President of Caw Caw Land Corporation, personally appeared before me and being duly sworn says that he is a duly authorized officer, and agent of Caw Caw Land Corporation and as such has the authority to act in and for said corporation. I have personal knowledge of the identity of the above named authorized agent, and that he signed the foregoing or annexed instrument on behalf of Caw Caw Land Corporation in the capacity herein stated and acknowledged the said writing to be the act and deed of Caw Caw Land Corporation. Witness my hand and official seal or stamp, this any day of 8 ,prj , 2007. ' OFFICIAL SEAL ' Notary Public, North Carolina County of Brunswick 4, ...• Sherri[I W. Hewett My Commission Expires tt• IL'.o 9 -(Seal or Stamp) Notary Public Official Signature U t 1 C{r � i k W . 0 Notary Printed or Typed Name My Commission Expires: 3 Brunswir-_k County --Register of Deeds Robert J. Robinson Inst 433576.5 Book 2409Page 1075 06/14/2006 04:56:13IDn Rec#t ,,27-.!�4/7/(; / 9-11 _r RET_LP-t [)TOTAL REP'' TC� REC# CK XK CASH�.�..RE�.11 Y Lau rx-L.r,MENTAL DECLARATION CONTAINING ADDITIONAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOTS 822-893 and Lots 894-918, PHASE II (THE HAMPTONS), IN BRUNSWICK PLANTATION WHEREAS, on or about April 12, 1991, Caw Caw Land Corporation (hereafter called "The Company" executed as "Declarant" its "Master Declaration and Development Plan for Burunswick Plantation," (hereafter called the "Master Declaration"); and WHEREAS, The Company is the owner of that certain real property described as Lots 822-893, Phase 11(The Hamptons) in Brunswick Plantation which is more particularly described iin the plats which are recorded in Map Cabinet 33, Pages 140-146 of the Brunswick County Registry and Lots 894-918, Phase 11 (The Hamptons) in Brunswick Plantation which is more particularly described in the plat which is recorded in Map Cabinet 35, Page 228 of the Brunswick County Registry Registry (hereafter collectively called "The Property") WHEREAS, The Company desires to develop The Property as Detached Single -Family Residential Patio Lots (" The Lots"), and in order to establish a unique, superior and integrated community within The Property, protect the value of individual Lots and to assure the MHA/aba:Supplemental Declaration for Lots 822-969, Phase II, The Hamptons: 04/20/2006 Revised JAN 2 8 2014 :5v1U3/o2& Snst # 335765 Book 2409Page: 1076 architectural environment within The Property in keeping with the high standards of Brunswick PIantation, The Company desires to subject The Property to the additional Covenants, Conditions and Restrictions set forth herein NOW, THERE, FORE, The Company submits and subjects The Property to the following Covenants, Conditions and Restrictions: I Submission of Property to Covenants: Pursuant to the provisions of Article II, Section 2 of the Master Declaration, The Company submits and subjects The Property as described in Map Cabinet 33, Pages 140-146 and and Map Cabinet 35, Page 228 of the Brunswick County Registry to the Covenants, Conditions and Restrictions contained herein which shall constitute equitable servitudes which shall run with the land. Every grantee of an interest in any Lot within of The Property, by acceptance of a deed or other conveyance of such interest, agrees to be bound by the Covenants, Conditions and Restrictions contained herein. All land within The Property, which is not shown on the Plat as residential Lots, shall remain property of The Company unless otherwise sold, transferred or conveyed. Such retained property shall include all roads, traffic islands, lakes, ponds, wildlife areas, lagoons, golf course holes and easements, if any, contained within The Property. 2. Submission of Additional Property: The Company may, at any time, subject other real property to the Covenants, Conditions and Restrictions contained herein by recording aplat which recites on the face thereof that the lots thereon are subject to this Supplemental Declaration. 3. Building Restriction: The Hamptons, Phase II, is a pre -approved model village and, therefore, requires construction and reconstruction of a Dwelling and any other improvement on the Lot to be in keeping with the theme and general character of the community. In order to 4 Inst # 335765 Book 2409Page: 1077 carry out this requirement, the Lot owner must build his Dwelling and any other improvements to be located on the Lot according to specific models, the plans and specifications for which have been pre -approved by the Architectural Standards Committee. in no event, however, shall a dwelling have a minimum square footage of less than 1,500 square feet of living space (heated and cooled living space) and a two (2) car garage. If a dwelling constructed on a Lot within the Property contains two or more floors, then the ground floor of the dwelling shall have a minimum of 1,300 square feet of living space (heated and cooled living space) and a two (2) car garage. In addition, all dwellings constructed on a lot shall: (a) have a minimum first floor elevation at least two (2) feet above the 100-yeas flood elevation as designated on the official Brunswick County Flood Plain Maps on file with the Brunswick County Planning Department; and (b) be designed and constructed in compliance with the requirements of the Brunswick County Building Code for residential construction; and (c) be constructed according to the Architectural and Landscaping Plans which have been approved as to architectural style, exterior materials, color schemes, placement on the Lot and landscaping by the Architectural Standards Committee. Reconstruction or repairs shall also comply with these provisions. 4. Service Yards: Each owner of a Lot shall provide visually -screened areas to serve as service yards in which storage containers or sheds, garbage receptacles, fuel tanks, electric meters, air conditioning equipment, and similar items must be placed or stored in order to conceal them from view from the streets and adjacent properties. Visual barriers shall be built by the owner as directed by the Architectural Standards Committee to shield the service yards. 5. Use of Lots and Dwellin s: Each Lot shall be used exclusively for Detached Single - Family Residential purposes. No trade or business of any kind may be carried on in any Tnst tk 335755 Book 2409Page: 1078 Dwellings, except for sales offices of the Company as permitted in the Master Declaration. The lease or rental of any Dwelling within The Property for a period of less than thirty (30) consecutive days is prohibited. All lessees or tenants of Dwellings within The Property shall in all respects be subject to the terms and conditions of this Declaration. 6. Exterior Appearance of the Dwelling: Unenclosed garages or carports may not be utilized. No foil or other reflective materials shall be used on any window for sunscreens, blinds, shades, or other purpose, nor shall any window -mounted heating or air-conditioning units be permitted. All blinds, curtains and other window treatments must conform to the regulations established by the Architectural Standards Committee. Except within screened service yards, outside clotheslines or other outside facilities for drying or airing clothes are specifically prohibited. No clothing, rugs, or other items may be hung on any railing, fence, hedge, or wall. 7. Nuisance: No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any Lot, nor shall any nuisance or odors be permitted to exist or operate upon or arise from any Lot, so as to render any portion thereof unsanitary, unsightly, offensive, or detrimental to persons using or occupying any other portions of The Property. Noxious or offensive activities shall not be carried on in any Lot or Dwelling. Each Lot owner, his family, tenants, guests, invitees, servants, and agents shall refrain from any act or use of a Lot or Dwelling which could cause disorderly, unsightly, or unkept conditions, or which could cause embarrassment, discomfort, annoyance, or nuisance to the occupants of other portions of The Property. Noxious or offensive activities shall not be carried on in any Lot or Dwelling which would result in a cancellation of an insurance for any portion of The Property, or which would be in violation of any law or governmental code or regulation. rd Im5t # 335755 Book 2409Page; 1079 8. Privacy-, The Dwelling shall be constructed on -the Lot so as not to interfere with the privacy of adjacent Lot owners and in accordance with the guidelines set by the Architectural Standards Committee. The Single -Family Residential building, including garage, shall be the only structure located on the Lot (unless it is concealed within the service yard). 9. Mail Box and Newspaper Receptacle Design: All mail and newspaper receptacles shall be constructed in keeping with the plans provided by the Architectural Standards. 10. Lighting: No outdoor lights shall be allowed on the Lot which project high density off -site illumination. One driveway light shall be maintained at all times. The light pole and fixture shall be approved by the Architectural Standards Committee. The light shall constitute a part of the street lighting system and shall, therefore, be on an automatic light switch control so as to provide street lighting and driveway identification from sunset in the evening until sunrise in the morning. 11. Garages: The garage, which is part of the Dwelling Unit, shall at all times be used as a garage and not enclosed as living space. The garage shall be equipped with an electric garage door opener. The garage door shall be in a down or closed position at all times except when a motor vehicle is being placed inside or taken outside the garage. All motor vehicles shall be parked or stored inside the garage or in the specific spaces inside the Lot or designated by the Architectural Standards Conunittee. 12 Impervious Coverape: a. The following covenants are intended to ensure ongoing compliance with State Storinwater Management Permit Number SW8 031026, as issued by the Division of Water Quality under NCAC 2H.1000. G1 Inst 4 335765 Book 2409Page: 1080 b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. c. These covenants are to nin with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water quality. f. The maximum allowable built -upon area per lot is 5,000 square feet. The allotted amount includes any built -upon area constructed within the lot property boundaries, and -that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through provided roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the stormwater system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures. 13. Delayed Construction: Construction of a dwelling on a Lot within The Property shall commence within eight (8) years of the date The Company conveyed the Lot to the original Owner (hereafter called the "Delayed Construction Period"). Should the original Owner convey the lot or title be passed in any manner before the eight (8) year period runs, then the Delayed 6 Inst # 335765 Book 2409Page: 1081 construction Period shall be automatically extended for an additional three (3) years. A conveyance or passage of title by a subsequent Owner shall not extend the construction period. The Company or its General Contractor shall be the exclusive builder; the relevant language of the Lot Purchase Contract which will be used by the company upon sale of any lot conveyed covered under this Supplemental Declaration is attached hereto as Exhibit A" and incorporated herein by reference_ 14. Amendment: This Supplemental Declaration may only be altered, modified or changed by a written document executed by the owners of a majority of the Lots and will only become effective upon recordation in the Brunswick County, North Carolina, Public Registry. 15. BindinIZ Effect and Duration: These Covenants, Conditions and Restrictions shall run with the land and shall be binding on all parties owning any portion of The Property, their heirs, successors and assigns, for the same period of time as the Master Declaration, including extensions thereof. 16. Cumulative Effect: All of the Covenants, Conditions, and Restrictions contained in this Supplemental Declaration shall encumber The Property in addition to those contained in the Master Declaration. Wherever a provision of this Supplemental Declaration conflicts with specific provisions of the Master Declaration, the provisions of the Master Declaration shall prevail. 17. Enforcement: The Declarant, the Association or any Owner of a Lot within The Property shall have the right (but not the affirmative obligation) to enforce, by proceedings at law or in equity, all the Restrictions, Conditions, Covenants, Easements and Reservations now or 7 jLDst tt 335765 Book 2409Page-- 1082 hereinafter imposed by the provisions of this Dectaranon; nowever, the failure to do so shall not be deemed a waiver of the right to do so in the future. Furthermore, the Company reserves for itself, and the Association and their agents and employees, the right to enter upon any Lot for inspection. Witness this _ Jl� day of June, 2006. CAW CAW LAND CORPORATI H. And6sorl. President STATE OF NORTH CAROLINA COUNTY OF BRUNS WICK :l, a Notary Public in and for the State and County aforesaid, do hereby certify that MASON H. ANDERSON, President of Caw Caw Land Corporation, personally appeared before me and.being duly sworn says that he is a duly authorized agent kaw Caw Land Corporation and as such has the authority to act in and or said corporation. I have personally knowledge of the identity of the above named authorized agent and he signed the foregoing or annexed instrument on behalf of Caw Caw Land Corporation in the capacity herein stated and acknowledged the said writing to be the act and deed of Caw Caw Land Corporation. WITNESS my hand and official seal or stamp, this the ]'fi day oft, 2006. =North L SEAL Notary Public Official Signature orth Carolinarunswick. HewettMfy Comm-« Qfi� Notary Printed or Typed Name (Seal or Stamp) My commission expires: 1.1 - N. Inst # 335755 Book 2409Page: 1083 EXHIBIT A SPECIAL CONDITIONS (Relevant Langual4e as taken from the Lot Purchase Contract). (a) Theme Village (Pre -Approved Models) Requirements: The only home which may be constructed on this lot is one of our Pre -Approved models for this particular Theme Village. You acknowledge that you have seen plans for these models and /or the constructed homes. (b) Home Construction Time Frame Requirement: Construction of a home on the lot must be commenced within Eight (8) years from the date of your closing on the lot with us. However, should you, the original purchaser, convey the lot or title be passed in any manner before the Eight (8) year period has run, we hereby agree to automatically extend the delayed construction period for Three (3) additional years, making a total in all events of not more than Eleven (11) years. A conveyance or passage of title, in any manner, by a subsequent owner shall not extend the construction period. (c) We (or our General Contractor) are the exclusive builders in this Theme Village: In consideration of our agreeing to convey the lot without a house constructed on it and agreeing to a delayed construction period, you hereby agree that we or our General Contractor will be your exclusive builder and that you will contract with us to build the model and options you chose from our Pre -Approved Theme Models. .'(d) The Construction Contract: The Proto-Type Construction Contract which will he used to:govern the construction process is attached as Exhibit "C". Prior to commencement of construction, it will be filled in to reflect the model, options chosen, allowances for certain items, and the resulting construction price. It will then be signed by the proper parties. (e) Contract Construction Price: Our currently effective Construction Price List for the various approved models, options, and allowances for certain items is attached as Exhibit B. If you chose to commence construction within thirty (30) days from the date of closing on the lot under this Purchase Agreement, we agree to build and you agree for us to build the home and options you choose at the cost (considering the appropriate allowances) taken from the attached price Iist (Exhibit B) bearing date of . If, however, you delay commencement of construction beyond that date, the construction price for the Construction Contract will be taken from our then currently effective Construction Price List, subject to adjustment by the allowance schedule. In this connection, should our then effective Construction Price List for the model and options you chose exceed the prices shown on Exhibit B by more that the adjustment in this price as measured by the Marshall & Swift Residential Cost Handbook Comparative Cost Multipliers by Region able, then the Construction Contract price will be capped at that adjusted number. (f) Damages for Breach of these Special Provisions: You agree these special provisions are substantially to your benefit and that any breach of its requirements will result in substantial 9 Inst 0 335765 Book 2409Page: 1084 damages to us. We also agree that our failure or refusal to contract to build a properly selected model and options for the appropriate price may result in substantial damages to you. (t;) These Special Provisions run withthe iot:_ihese special provisions are contained in the Supplemental Declaration covering this lot and are therefore intended to be binding on you, your heirs and assigns. You agree that should you convey this lot prior to construction to include these special provisions in your sale contract so that the buyer will be aware of these conditions. 1101 .� IIlI f!f llfl 11 ff ffl If I lil�lfiff ! f fl 111 SDn 82545 P0797 i01-29-2007 SAI:57.00 Brunswick County, NC Register of Deeds page 1 of 44 f � � L.I Li LA 9UA'T. _-cxARi j-q0- :...53 CONSOLIDATED MASTER DECLARATION AND DEVELOPMENT PLAN FOR BRUNSWICK PLANTATION Prepared by The Anderson Law Firm, PLLC and Mason H. Anderson, Attorney, Shallotte, NC 28459 `4CENVE' JAN 2 8 2014 BY: 1103/aZ I!III!lIIFI!I!!!!I!!II l lll!!!!IIIII B2545 P0798-15-a;_s41 Brunswick County, NC Register Robert J. Robinson of Deeds page 2 of 4• , INDEX j FOR THE AMENDED CONSOLIDATED MASTER DECLARATION AND DEVELOPMENT PLAN FOR BRUNSWICK PLANTATION Definitions Plan of Development 2 S Property Subject to this Master Development Plan 6 Mutuality of Benefit and Obligation 6 Property Rights in the Common Areas Occupants and Easements of Enjoyment in the Common Areas. , . 7 Title to the Common Areas 7 . Limitation of Occupants' Easements Easement for Governmental, Health, Water, Sanitation 7. and Emergency Services 8 Recreational Amenity 8 Easement for Declarant 9 Changes in Boundaries and Additions to Designated Common areas 8 Easements for Utilities 9 Maintenance Easement 9 Environmental Easements 9 Irrigation and Water Easements 9 Entry by Golfers 10 Encroachments 1 Membership, Voting Rights, and Turnover Membership 10 Voting Rights 10 Turnover l l Covenant for Assessments Creation of the Lien and Personal Obligation of Assessments 11 Purpose of Assessments 12 Date of Commencement of "Annual Assessments", Due Date, and Assessment Period 12 Basis and Amount of the Annual Assessments 13 Special Assessments 13 Change in Basis Maximum Amount of the Annual Assessment 14 Duties of the Board of Directors 14 Effect of Non -Payment of Assessment, The Personal Obligation of the Owner, The Lien, Remedies of the Association, Late Fees, and Resale Certificate 14 Subordination of the Lien to Mortgages 15 Maintenance Owner's Responsibilities 15 Association Responsibilities 15 Robes ��7Robinson _5°°0F Brunswick County, NC Register of Deeds page 3 of 44 Insurance and Casualty Losses Property and Casualty Insurance 16 Premiums 16 Damage or Destruction to Common Areas 16 Condemnation 16 Administration of the Common Areas Management 17 Duties and Powers 17 Agreements 19 Restraint on Transfer 19 Rules and Regulations 19 Architectural and Landscaping Standards Purpose 19 Architectural Standards Committee 19 Permitted Improvements 20 Placement of Improvements 20 Architectural Approval 21 Landscaping Approval 22 Approval Not a Guarantee 23 General Prohibitions Temporary Structures 23 Completion of Structures 23 Pets 23 Storage Receptacles 24 Maintenance of Unoccupied Lots 24 Offensive or Illegal Activities 24 Repair or Removal of Buildings 25 Outside Burning 25 Division of Single -Family Lots 25 Motor Vehicles and Noise Level 25 Signs 24 Antennas 26 Golf Course Areas 26 Sales and Construction Activities 26 Additional Rules 26 Enforcement Use 27 Rules and Regulations 27 Invalidation 27 Priority of Land Use Documents 27 Duration 27 Amendment 27 Enforcement — General 27 Interpretations 28 Sever -ability 28 No Trespass 87 02545 P0ZK m,_29_2s07 Robe,5:}1:57.093 + Brunswick county, NC Register of De ds' page age 4 4 of 44 Notices Working Capital Contributions Construction North Carolina Planned Community Act 28 28 29 29 01 29 20Q RB2545obes J . Ro ins Brunswick County, NC Register of Deeds page 5 of 44 CONSOLIDATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRUNSWICK PLANTATION This Consolidated Master Declaration of Covenants, Conditions and Restrictions for Brunswick Plantation is made this the 29th day of Tamar 2007 by Caw Caw Land Corporation, a North Carolina Corporation, hereinafter referred to as the "Declarant" or "Caw Caw". RECITALS WHEREAS, Caw Caw and its principals and their companies are the Owners of approximately 1,750 acres of property which is hereinafter referred to as "The Property" located near Calabash, North Carolina, and WITEREAS, Caw Caw has established and recorded a Master Declaration and Development Plan containing Covenants, Conditions and Restrictions (hereinafter "Master Declaration") covering the property described therein or later subjected thereto, said Master Declaration and Development Plan is duly recorded in Book 839, Pages 690 through 734 of the Brunswick County Registry. WT-IE-REAS, Caw Caw has recorded several Amendments to the Master Declaration and those Amendments appear in Book 1341 at Page 121, Book 1404 at Page 214, Book 1526, Page 631, Book 1533 at Page 1180, Book 1829 at Page 104 (which amended portions of the Amendments recorded in Book 1404 at Page 214 and Book 1526 at Page 631), and Book 2015 at Page 1063, all of the Brunswick County Registry. WHEREAS, Caw Caw in conjunction with Anderson Holding Co. Limited Partnership, Jimmy McLamb and wife, Gail McLamb, J and G McLamb Limited Partnership, and Brunswick Partners, LLC have recorded several Supplemental Declarations and/or Amendments to the Master Declaration subjecting additional real property to the Master Declaration and those Supplemental Declarations and/or Amendments appear in Book 1275 at Page 954, Book 1341 at Page 124, Book 1341, Page 128, Book 1354, Page 650, Book 2137, Page 467, Book 2418, Page 20, Book 2418, Page 23, Book 2453, Page 1084, all of the Brunswick County Registry which subject the real property described in the Deeds recorded in Book 1258, Page 1207, Book 1273, Page 1380, Book 1206, Page 1162, Book 1337, Page 988, Book 1192, Page 525 (as to Tracts Five, Six and Seven described therein), Book 1129, Page 469, Book 1088, Page 524, Book 2120, Pagc 1225, Book 2120, Page 1228, Book 2010, Page 1071, Book 1784, Page 1200, Book 1922, Page 979, Book 1691, Page 504, Book 1857, Page 1025 (as to Tract Six described therein), Book 2368, Page 535, Book 2392, Page 181, and Book 2440, Page 1282, all of the Brunswick County Registry. WFWREAS, Caw Caw now wishes to incorporate the aforesaid Amendments, together with any amendments contained herein, into the Master Declaration so as to create one document Il I i III! II I II I I I I II ! III III I II I III Robert�ORobins57 on y Brunswick County, NC Register of Deeds page 6 of 4' with all of the Amendments therein for ease of understanding and clarification and to record this Consolidated Master Declaration in the Brunswick County Registry. WI-IEREAS, after this Consolidated Master Declaration has been recorded in the Brunswick County Registry, it shall apply to all of The Property whether conveyed before or after its recordation, and any reference to it in any deed of conveyance shall be effective in the same manner as referring to or citing the original Master Declaration recorded in Book 839 at Page 690 of the Brunswick County Registry and each of the Amendments to the Master Declaration as recorded in the Brunswick County Registry_ NOW, THEREFORE, Caw Caw does hereby declare that all of The Property together with any Additional Property which may hereafter be subjected by amendment to this Amended Consolidated Master Declaration shall be held, transferred, conveyed, occupied and used subject to the following Easements, Cdvenants, Conditions, Restrictions, Liens and Charges which shall run with the title to the real property and which shall be binding upon and inure to the benefit of all of the parties having any right, title or interest in the above described properties, their heirs, successors and. assigns. ARTICLE ONE DEFINITIONS The following words when used in this Master Declaration shall have the following meaning: "Architectural Standards Committee"_ "ASC" or "Committee" shall mean the committee appointed by the Board for the purpose of establishing and enforcing the architectural standards of the Development. The Committee shall consist of not Iess than three (3) nor more than five (5) persons. 2. "Articles" means the Articles of Incorporation of Brunswick Plantation Property Owners Association, Inc., a copy of which is attached hereto as Exhibit 1. 3. "Assessment" shall mean an Owner's share of the common expense or charges as established by the Association. 4. "Association" or "POA" shall mean the Brunswick Plantation Property Owners Association, Inc., a not -far -profit corporation whose purpose is to administer The Property which is subject to this Consolidated Master Declaration. 5. "Board" or "Board of Directors" means the Board of Directors of the Association. 6. "Bylaws" shall mean the Bylaws of the Association, a copy of which is attached hereto as Exhibit 2. 2 I� 1111 111 II 1N1 !! I �N�I!lIII�! 1111 f�15�5 P�18�3 V7:41r:5 7l.0 Robert J. Robinson Brunswick County, NC Register of Deeds page 7 of 44 7. "Common Area" or "Common Property" shall mean all real and personal property: (a) Designated and shown in writing and/or on a plat by the Declarant as Common Area or Common Property; (b) Conveyed to the Association for the use and benefit of the Association; (c) Held by Caw Caw for the benefit of the Association. Such real property may include for example roads, driveways, walkways, any rights -of -way reserved to the Association, open spaces (both landscape and natural), lagoons, lakes or ponds and all of the drainage and storm water management system. Nothing contained in this definition shall limit the type of personal or real property which may be owned by the Association and constitute Common Property. 8. "Common Expenses" shall mean all expenditures made by the Association in carrying out its duties together with all funds assessed by it for the creation and maintenance of reserve funds under this Consolidated Master Declaration. 9. "Declarant" shall mean Caw Caw Land Corporation, a North Carolina Corporation with offices at Calabash, North Carolina, its successors and assigns. The Declarant may assign or pledge any or all of its rights reserved under the land use documents through an assignment or in an instrument of conveyance or assignment. 10, "Master Declaration", "Consolidated Master Declaration" or "Declaration" shall mean this document which includes the Covenants, Conditions and Restrictions for Brunswick Plantation together with all amendments which may be filed in the office of the Register of Deeds, Brunswick County, North Carolina, 11. "The Property", "Development" or "Project" shall mean the property described in Book 800 at Page 501, Book 817 at Page 150, Book 818 at Page 675, Book 775 at Page 1085, Book 783 at Page 960, Book 828 at Page 777, Book I258, Page 1207, Book 1273, Page 1380, Book 1206, Page 1 162, Book 1337, Page 988, Book 1192, Page 525 (as to Tracts Five, Six and Seven described therein), Book 1337, Page 988,Book 1129, Page 469, Book 1088, Page 525, Book 2120, Page 1225, Book 2120, Page 1228, Book 1206, Page 1162, Book 2010, Page 1071, Book 1784, Page 1200, Book 1922, Page 979, Book 1691, Page 504, Book 1857, Page 1025 (as to Tract Six described therein), Book 2368, Page 535, Book 2392, Page 181, and Book 2440, Page 1282, all of the Brunswick County Registry and any and all other tracts or parcels previously subjected to the Master Declaration by Caw Caw and/or its principals and/or their companies, together with all improvernents located or constructed thereon. It shall also refer to any Additional Property which may hereafter be made subject to this Master Declaration_ 12. "-Dwelling or Living Unit" shall mean any Dwelling quatlers whether in a Detached Single -Family residential building or in a building containing more than one residential unit attached to each other. 3 ! rr !! 82545 P0804 05-49-57 , W Robert J. Robinson Brunswick County, NC Register of Deeds page 8 of 44 13. "Lot" shall mean a space on the earth's surface to be used exclusively for a Single - Family Detached Dwelling. A parcel of land shall be deemed to be a Lot rather than a Dwelling until the improvements constructed thereon are sufficiently complete to reasonably permit habitation thereof. Upoh completion of the building, the parcel and the improvements shall collectively be considered a Dwelling for purposes of this Master Declaration. 14. "Me'inher" shall mean every person or entity who is an Owner of (a) a Lot, (b) a Dwelling and (c) the Recreational Amenity or other separate Business Entity situated in the Development provided that any such person or entity who holds interest merely as security for the performance of an obligation shall not be a Member. 15. "Multi -Family Areas" shall mean those areas restricted to the erection of Attached Dwelling Units. 16. "Occupant" shall mean any person including without limitation any Owner, guest, invitee, lessee, tenant, renter or faniily member of an Owner occupying or otherwise using a Dwelling within the Development. IT "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title or contractual equitable title to any Lot or Dwelling Unit in The Project; provided however, notwithstanding any theory of the mortgage, shall not mean or refer to the mortgagee, unless and until such mortgagee has acquired title pursuant to foreclosure or in any proceeding in lieu of foreclosure. An Owner is also a Member and these terms may be used interchangeably in this document. 18. "Person" shall mean a Natural Person, Corporation, Partnership, Limited Liability Company, Association, Trust or other legal entity, or any combination thereof. 19. "Recreational Amenity" shall mean the Golf Course(s) and its (their) Associated Club House, Pro Shop, Driving Range, Restaurant, and Lounge which are operated on a fee or charge basis as ongoing Business Entities. 20. "Rules"' shall mean any and all regulations of the Association promulgated by the Board pursuant to its power under this Master Declaration or any other land use document. 21. "Single -Family Detached Dwelling Area" shall mean those areas restricted to the erection of Single -Family Detached Dwellings on the Lot. 22. "Supplemental Declaration" shall mean a Declaration filed by Caw Caw or any other Developer for a parcel of property located in the Development establishing Covenants, Conditions and Restrictions for that particular parcel of property. Supplemental Declarations will be filed for the Single -Family Areas and also for the Multi -Family Areas. 4 1-1:57. 15:457( Robert I. Robinson Brunswick County, NC Register of Deeds page 9 of 44 ARTICLE TWO PLAN OF DEVELOPMENT Section I. THE DEVELOPMENT PLAN: Caw Caw is planning and is in the process of constructing a Residential/Resort subdivision with some areas being restricted to Single -Family Detached Dwellings and some areas restricted to Multi -Family Attached Dwellings which may be rented on a temporary basis and some areas devoted to commercial uses, such as (but not limited to) Golf Course(s), Driving Range(s), Pro Shop(s), Rest aurant (s), Lounge(s), Hotel(s), Motel(s), Retail Shop(s) and Rental/Real Estate Sale Offices. These commercial facilities shall be open for use to the Occupants of the Plantation and members of the public on a fee or charge basis. A non-profit Property Owners Association will own, manage, and maintain all of the Common Areas or Common Property of the Development (except common property included as part of a condominium and maintained by the condominium regime) which will include one of - more Private Property Owner's Club Houses, Swimming Pools, Tennis Courts, as well as all of the streets, ponds, lagoons and the stormwater drainage system. The Property Owners Association will collect the fees necessary to carry out these functions and in addition it will have authority to enforce the provisions of this Declaration which includes Architectural and Landscape approval. Section 2. SUPPLEMENTAL DECLARATIONS: Supplemental Declarations shall be filed for the various residential modules prior to conveyance of the first Lot or Dwelling Unit in .the module as shown on a recorded plat. The Supplemental Declarations shall be subordinate to this Master Declaration. A plat of the areas to which the Supplemental Declaration applies shall be filed prior to or simultaneously with the Supplemental Declaration. The plat for such area shall clearly show the Common Property, if any, located thereon. Supplemental Declarations shall set forth such additional Covenants and Restrictions as the Declarant deems appropriate for such areas, provided no provision shall be inconsistent with the provisions of this Master Declaration. A Condomi(uum Master Declaration is a Supplemental Declaration. Section 3. RECREATIONAL AMENITY: The Declarant reserves for itself, its successors and assigns the absolute right to develop, within The Property, or any additions thereto, .Recreational Amenities as ongoing business operations for the benefit of Occupants of the Development, the Declarant (its successors or assigns), including, in the sole and absolute discretion of the Declarant (its successors or assigns), members of the general public on a fee or charge basis. The Recreational Amenities are not a part of the Common Property and facilities. No Lot or Dwelling Owner shall obtain any right, title or interest, either equitable or legal, in any of the Recreational Amenities by reason of his purchase of such Lot or Dwelling. Section 4. TUE WATER AND SEWER SYSTEMS: Brunswick County now owns and operates the water and sewer facilities serving the Development, including all lines, pumps, pipes, water towers or tanks, or other systems related thereto which are located within the Development and which are not a portion of a Lot or Dwelling Unit or Recreational Amenity. Notwithstanding the foregoing, however, a private water (subject to county ordinances and regulations) well may 5 Rz5�� J.� o i son 57n° Brunswick County, NC Register of Deeds page 10 of A be used for irrigation of landscaping on the Lots, but for no other purpose. Section 5. NOTICE: Every purchaser of a Lot, Dwelling or Recreational Amenity shall purchase and hold title thereto with notice of Declarant's Plan of Development as herein set out. ARTICLE THREE PROPERTY SUBJECT TO THIS MASTER DEVELOPMENT PLAN Section 1. APPLICABILITY. This Master Declaration shall apply to the property described in Book 800 at Page 501, Book 817 at Page 150, Book 818 at Page 675, Book 775 at Page 1085, Book 783 at Page 960, Book 828 at Page 777, Book 1258, Page 1207, Book 1273, Page 1380, Book 1206, Page 1162, Book 1337, Page 988, Book 1192, Page 525 (as to Tracts Five, Six and Seven described therein), Book 1129, Page 469, Book 1088, Page 525, Book 2120, Page 1225, Book 2120, Page 1228, Book 2010, Page 1071, Book 1784, Page 1200, Book 1922, Page 979, Book 1691, Page 504, Book 1857, Page 1024 (as to Tract Six described therein), Book 2368, Page 535, Book 2392, Page 181, and Book 2440, Page 1282 all of the Brunswick Registry, together with such additional parcels or Tracts previously or hereafter subjected to the Master Declaration. New areas may be added to the Develoothent and subjected to the Master Development Plan by the Declarant by: (a) Filing a map showing the Common Area or Common Property together with a Supplemental Declaration which recites that the area and lots shown on the map are subject to this Master Declaration and the Supplemental Covenants and Restrictions which may apply to that particular area as contained in the Supplemental Declaration; or (b) Filing an Amendment to the Master Declaration which recites that the Master Declaration shall apply to the real property described in the Amendment or deeds listed in the Amendment. Any new area which is added to the Development pursuant to this Article must be located contiguous to The Property. ARTICLE FOUR MUTUALITY OF BENEFIT AND OBLIGATION The Restrictions and Agreements set forth herein are made for the mutual and reciprocal benefit of each and every part of the Property to which these Restrictions are made applicable and are intended to create mutual, equitable servitude upon each of said Lots and Dwelling Units in favor of each and all of the other Lots and Dwelling Units therein; to create reciprocal rights between the respective owners of all said Lots and Dwelling units, to create a privity of contract and estate between the grantees of said Lots and Dwelling Units, their heirs, successors and assigns, and shall operate as Covenants running with the land for the benefit of each and all other Lots and Dwelling Units in the Development and their respective Owners. C1 Robert �a8 o i°nson-5°°4 Brunswick County, NC Register of Deeds page 11 of 4. ARTICLE FIVE PROPERTY RIGHTS IN THE COMMON PROPERTY Section 1. OCCUPANT'S EASEMENTS OF ENJOYMENT IN THE COMMON PROPERTY: Subject to the provisions of Section 3, the limitations if any which may be contained in any Supplemental Declaration and any other provisions contained in this Consolidated Master Declaration, every Occupant, shall have a permanent and perpetual easement for the use and enjoyment of the Common Properly and this Easement shall be appurtenant to and shall pass with title to every Lot or Dwelling Unit for the Occupants of such Lot or Dwelling Unit, Such Easement of Enjoyment shall include but not be limited to the Occupants' right of ingress and egress over the streets, roadways and walkways over the Common Property for the purpose of access to the Occupant's Lot or Dwelling Unit. Section_2._ TITLE TO THE COMMON PROPERTY: The Declarant may (but is riot obligated) retain the legal title to the Common Property until it has sold 75% of its properties subject to this Master Declaration. Notwithstanding any other provision herein, however, the Declarant hereby covenants for itself, its successors and assigns that it will (not later, than the time it has closed the sale on 7S% of its property subject to this Declaration) convey by Warranty Deed, at no cost to the Association, and the Association for itself, covenants that it will accept a conveyance of all of the Common Property (together with all environmental permits pertaining to The Property and assume enforcement of and compliance with the relevant permits) free and clear of all liens and encumbrances except this Master Declaration and utility and/or communication lines and conduit easements which may be located in the street right-of-ways. Section 3. LIMITATION OF OCCUPANTS' EASEMENTS: The rights and easements of use and enjoyment created hereby shall be subject to the following: (a) The right of the Association to set specific charges for the use, maintenance and repair of the Common Property; and (b) The right of the Association as provided in its Articles and Bylaws to suspend the enjoyment rights of any Occupant for any period during which any assessment on his Lot or Dwelling remains unpaid, or for a period that may be determined by the Board of Directors for any violation of this Master Declaration, the Association's Articles, Bylaws or published Rules and Regulations, provided, however, that the right of an Occupant of ingress and egress over the streets shall not be abrogated, and (c) The right of the Declarant and the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority or utility for the purpose of securing or providing its services, and (d) The right of the Declarant, without approval of the Association, or any Owner to add to or delete part of the Common Property and to dedicate or grant easements and rights -of -way over the Common Property in accordance with the terms of this Master Declaration; and 7 II I I ff f f if l fill f l! If I I�I�Ill f ll ll 111I 82545 PJ. 0808 i1 Son-57°d0- Brunswick County, NC Register of Deeds page 12 of 44 j (e) The right of the Association to adopt and enforce, at any time, Rules and Regulations governing the use of the Common Property and all facilities situated thereon. Any Rules and/or Regulations so adopted shall apply until rescinded or modified the same as if originally set forth at length in this Master Declaration. (0 The restrictions, if any, on the right of the transient occupants (renters) to use the Plantation House and its pools and other amenities as may be set in the Declaration, Supplemental Declaration and/or any amendment thereto creating that particular condominium or any Recreational Amenity. Section 4. EASEMENT FOR GOVERNMENTAL, HEALTH, WATER. SANITATION AND EMERGENCY SERVICES: A non-exclusive easement is hereby granted to the appropriate governmental authorities and to the appropriate private organizations supplying health, sanitation, police services and any emergency services such as fire, ambulance and rescue services, for the purpose of ingress and egress over the Common Property. Caw Caw further grants an easement to Brunswick County over the Common Property as needed :For the installation, maintenance and operation of the central water and sewer systems which al'ready'are or'will serve the Development. Section 5. RECREATIONAL AMENITY: Ownership of a Lot or Dwelling Unit confers no ownership, either legal or equitable, in any Recreational Amenity. The Declarant intends to operate the Recreational Amenities as ongoing business enterprises for profit in such manner as the Declarant in its sole discretion May determine; however, it is intended that these recreational Amenities may be used by'the Owners (Occupants), as well as members of the general public (in the discretion of the Declarant). Caw Caw reserves the right to sell any of the Recreational Amenities to any other person or legal entity to be operated as ongoing business enterprises. The Owner of the Recreational Amenity or Amenities shall set the charges and establish the terms and conditions under which an Owner of a Lot or Dwelling in the Development may use these facilities. The Recreational Amenities which are shown on the land use plan are the initial Recreational Amenities which are subject to this Master Declaration. They are hereby designated as the Recreational Amenities and includes a 27 hole Golf Course, Driving Range and attendant Club House and related facilities. Caw Caw reserves the right to add additional Recreational Amenities to The Project and operate them as ongoing business enterprises as it deems desirable. Section G. EASEMENT FOR DECLARANT: The Declarant reserves for itself, its successors and assigns over, through, under, and across the Common Property, the right to place such roads, utility systems, communication facilities, and drainage and stormwater systems as are necessary in its sole discretion for the proper development and administration of The Project. Section 7. CHANGES IN BOUNDARIES; ADDITIONS TO DESIGNATED COMMON PROPERTY: Declarant expressly reserves for itself, its successors and assigns the right to change and realign the boundaries of any designated Common Property within the 8 BB2545ober J. o ig son 7.00-4 Brunswick County, NC Register of Deeds page 13 of 44 Development, use and to make additions thereto. Section S. EASEMENTS FOR UTYLITZES: There is hereby reserved for the benefit of the Declarant, the Association, any public utility or governmental unit providing services in the Development, and their respective successors and assigns an Easement upon, over, under and across (a) all of the Common Property, (b) all portions of the Multi -Family Areas on which Dwellings are not constructed or erected and (c) All land located within 10 feet of any Lot line as shown on all plats of record, for the purpose of installing, replacing, maintaining and operating all utilities including the water, sewer, stormwater management and drainage systern(s). Section 9. MAINTENANCE EASEMENT: The Declarant reserves for itself and the Association and their respective agents and employees an Easement to enter upon any Lot or unimproved portion of any Dwelling, or Multi -Family Area for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds, stumps or other unsightly growth and removing trash therefrom so as to maintain reasonable standards of health, fire safety and appearance within the Development_ This reservation shall not impose any duty or obligation upon the Declarant or the Association to perform any such. action. Furthermore, the Declarant hereby reserves for its benefit and that of the Association, an Easement, but not obligation, to enter upon any unimproved portion of any Lot, Dwelling or Multi -Family Area which is located within thirty feet of the waters edge of any lagoon, pond, water course and waterway, whether natural or roan made, or shown on any recorded plat or map within the Development for the purpose of maintaining such area and keeping the area clear and free from unsightly growth and trash and the maintenance of reasonable water quality standards. Section 10. ENVIRONMENTAL EASEMENT'S: Declarant reserves for its benefit, the Association and their- respective agents and employees an Easernent on, over and across all Lots and all unimproved portions of Dwellings and Multi -Family Areas for the purpose of taking any action necessary to effect compliance with environmental rules, regulations and procedures promulgated or instituted by the Board of Directors or imposed or required by any Governmental Entity, such Easement to include, without limitation, the right and obligation to enforce and comply with the stormwater management and drainage systems and all permits relating thereto, the right to implement erosion control procedures and practices, the right to drain standing water, and the right to dispensepesticides and herbicides within the Development. Section 11. DZRIGATION AND WATER EASEMENTS: There is hereby reserved for the benefit of the Declarant and the Owner of the Golf Course, their affiliates, agents, employees, successors and assigns a permanent exclusive easement and right (a) to pump water from the lagoons, ponds, waterways, basins, water dependant structures and other bodies of water located in the Development for the purpose of irrigating any portion of the Development including the Golf Course, and (b) to drill, install, locate, maintain and use wells, pumping stations, water towers, filtration basins and tanks and related water facilities and systems within the Common Property and/or lands within The Property owned by the Declarant. Except as herein contained the pumping of any water from any lagoon, pond, lake or body of water for any purpose other than fire fighting is prohibited without express written permission of the Declarant. 9 ���4� � °-57is.on : Brunswick County, NC Register of Deeds page 14 of 4 Section 12. ENTRY BY GOLFERS: Each Lot, Dwelling and Multi -Family Area adjacent to a golf fairway or green is hereby made subject to an Easement in favor of the registered golf course players to enter upon such property to remove a golf ball or to play the golf ball. Once a residential unit is constructed on such property this easement shall be limited to the recovery of the golf ball. This Easement is for pedestrian access only and the player shall not use a golf cart or other vehicle for the purpose of entry on any such adjoining property nor shall such player commit a nuisance while on such property. Section 13.' ENCROACHMENTS: No encroachment shall be erected upon any pond, lagoon or other body of water within or adjacent to the Development unless specifically permitted by the Declarant or the Architectural Standards Committee. ARTICLE FIVE MEMBERSHM, VOTING RIGHTS AND TURNOVER Section 1. MEMBERSHIP: Every person or entity who is an Owner of (a) a Lot, (b) a - Dwelling, (c) any Recreational Amenity and (d) any other separate Business Entity situated in the Development shall be a member of the Association, provided that any such person or entity who holds an interest merely as security for the performance of an obligation shall not be a member. Section 2. VOTING RIGHTS: The Association shall have thi•ee'(3) classes of voting membership-, (a) Class "A" Class "A" Members shall be all those Owners as defined in Section I of this Article with the exception of the Declarant, the Owner of the Recreational Amenity and the Owner of any other separate Business Entity. Class "A" Members shall be entitled to one vote for each Lot or Dwelling Unit in which they hold the interest required for membership by Section 1. When more than one person holds such interest in any Lot or Dwelling Unit, all such persons shall be members and the vote for such Lot or Dwelling Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot or Dwelling Unit, The Bylaws may establish procedures for voting when the title to a Dwelling Unit or Lot is held in the name of a corporation or more than one person or entity. (b) Class "B" Class "B" Member(s) shall be the Owner(s) of the Recreational Amenity and (2) any other separate Business Entity_ The Owner of The Recreational Amenity shall be entitled to 50 votes. Should there be any separate Business Entity(ies) built and operated as an ongoing business enterprise on The Property, file Declarant shall have the right to assign the number of votes in the Association to such entity, provided such assignment shall be made in good faith by the Declarant. The Declarant is the Owner of the Recreational Amenity and so long as it retains 10 III Hb 4t I UU1 binson'S7V00: Brunswick County, NC Register of Deeds page 15 of 44 ownership of the Recreational Amenity, the votes assigned to the Recreational Amenity shill be added to the votes allocated to the Declarant under Class "C". (c) Class "C" The Class "C" Member is the Declarant. The Class "C" Member shall be entitled to three votes for each Lot or'Dwelling Unit in which it holds the interest required for membership by Section 1; provided that The Class "C" membership shall cease and become converted to Class "A" membership on the happening of the earlier of any of the following events: 1. When the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "C" membership; or 2. At any earlier- time that the Declarant, in its sole discretion, voluntarily converts its Class "C" membership to Class "A" membership; or 3. On December 31, 2005, if not sooner converted under (1) or (2). From and after the happening of the earlier of these events, the Class "C" Member shall be deemed to be a Class "A" Member entitled to one vote for each Lot or Dwelling Unit in which it holds the interest required for membership under Section L Notwithstanding any provision in paragraph (1), (2), or (3) of this subsection (c) to the contrary, the Declarant shall have the right to appoint the Board of Directors (who need not be members of the Association) until the occurrence of either of the following events: 1. Ninety days after the Declarant no longer holds the title to 25% of the Development, or 2. The Declarant relinquishes its right described in clause one of this sentence. Upon the occurrence of either (1) or (2) in the preceding sentence, then the existing members shall be obligated to elect the Board and assume control of the Association. Section 3. TU1tNOVER.- Within ninety (90) days after the happening of the events described in paragraph (c) (1), (2) or (3) of section two of this Article 5, the Association shall conduct a special meeting of the membership, hereinafter called the Turnover Meeting, for the purpose of electing officers and directors, provided, however, that so long as the Declarant is the Owner of one Lot or Dwelling Unit governed by the Association, the Declarant shall be entitled to appoint at least one member to the Board of Directors. ARTICLE SIX COVENANT FOR ASSESSMENTS Section 1. CREATION OF TllF. L , N AND PERSONAL OBLIGATION OF B2545 P0812 zg_7.0 15:41:57.00t Robert J. Robinson Brunswick County, NC Register of Deeds page 16 of 44 ASSESSMENTS: Except as hereinafter more fully provided, the Declarant for each Lot, Dwelling Unit, Recreational Amenity or separate Business Entity owned by it (exclusive of the real estate sales and rental office) which is subject to this Master Declaration hereby covenants and each Owner of any Lot, Dwelling Unit Recreational amenity or separate Business Entity by acceptance of a deed therefore, whether or not it shall be so expressed in the particular deed of conveyance shall be deemed to covenant and agree to pay to the Association_ (1) Annual Assessments and (2) Special Assessments for capital improvements and, other assessments to be fixed, established, and collected from time to time as hereinafter provided. The Annual and Special Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Each Member expressly covenants, by acceptance of a deed, that liens may be placed against the Owner's Lot, Dwelling Unit, Recreational Amenity or separate Business Entity for nonpayment of Assessments. Section 2. PURPOSE OF ASSESSMENTS: The assessment levied by the Association for Common Expenses shall be used exclusively for the general purposes of promoting the recreation, health, safety, welfare, common benefit and enjoyment of the Owners and Occupants of the Development and maintaining the Development and improvements therein, all as may be More. specifically authorized from time to time by the Board of Directors. The Common Expenses to be funded by the annual assessments may include but shall not necessarily be limited to the following: (a) management fees and expenses of administration; (b) utility charges for utilities serving the Common Property and charges for other common services for the Development including trash collection and security services if any such services or charges are, in fact, paid by the Association; (c) the cost of insurance coverage as the Board of Directors determine to be in the interest of the Owners; (d) the expenses of maintenance, operation and repair of the Common Property as these facilities are described in the Definition Section of this Master Declaration; (e) the expenses of the Architectural Standards Committee which are not defrayed by plan review charges; (1) any ad valorem or personal property taxes assessed or levied against the Common Property; (g) the expense of maintenance, operation, repair and reconstruction of any and all roadways, pathways, trails, lagoons, waterways and landscaped areas, drainage and stormwater management system(s) within The Property; (h) all expenses associated with providing security services to the Development; (1) the establishment and maintenance of a reasonable reserve fund for maintenance, repair and replacement of the Common Property to cover emergency repairs as a result of casualties which are not covered by insurance and to cover unforeseen operating contingencies or deficiencies arising from unpaid assessments; and 0) such other expenses as may be determined from time to time by the Board of Directors of the Association to be Common Expenses. Planned Unit Development Associations or Condominium Associations shall be the collecting agents for and on behalf of the Association where such organizations exist and will collect all annual assessments and special assessments as fixed by the Association. Section 3. DATE OF COMMENCEMENT OF "ANNUAL ASSESSMENTS"; DUE DATE; ASSESSMENT PERIOD:. The annual assessment provided herein for Class "A" Members shall commence upon conveyance of a Lot or Dwelling to a Class "A" Member. The annual assessment for the Class "B" membership shall commence on the first day of the month 12 a 1 29 ; Robert82545 P0813,t Son:S Brunswick County, NC Register or Deeds page 17 or t following the date the Recreational Amenity or separate Business Entity is open and operating as an ongoing enterprise. Once the assessment period has commenced the assessments shall thereafter be due on the first day of every assessment period as this term is defined in the Bylaws of the Association. There is no commencement date for assessments for the Class "C" Member. Section 4. BASIS AND AMOUNT OF THE ANNUAL ASSESSMENTS: The total annual assessments shall be divided among the Lots, Dwellings, Recreational Amenities and separate Business Entities as follows: The Class "A" Members shall pay an annual assessment, which beginning in the year 1991 shall be not less than $192.00 for each Lot or Dwelling Unit. The Board is granted the right to assess a larger amount based on the actual costs in carrying out its duties for the year 1992. The annual assessments for each Dwelling Unit or Lot commencing in the year 1993 may be increased in proportion by the greater of either 10% of the assessment for the previous year or by the percentage increase, if any, for the then current year in the Consumer - Price Index (ALL URBAN CONSUMERS (CPI-U), 1982 - 1984 = 100, as published by the U.S. Bureau of Statistics). When the private Club House, Swimming Pool and Tennis Court Complex, which is a part of the Common Property is added by the Declarant, the limitation on assessment increase will be waived in order to allow these extra charges to be included in the annual budget. Once these additional charges are absorbed into the annual assessment, the assessment cap shall apply to future years, unless some additional common facilities requiring adjustment is added, in which event the cap will be waived for the year of such addition. The cap on assessments shall terminate upon Turnover to the Association as described in Article Five, Section Ill hereinabove. The Class "B" Members shall pay an Assessment determined by multiplying the number of votes assigned to them times the assessment for an individual Dwelling or Lot. Until the time of Turnover the Class "C" Member (Declarant) shall not pay any Annual or Special Assessment; however, the Declarant shall pay the difference in cost between the sum of all Annual Assessments collected from Class "A" and Class "B" Members and the actual cost of operation of the Association. After Turnover, the Declarant shall be obligated to pay 20% of the Annual Assessment on any Dwelling or Lot owned by it. Notwithstanding any other provision to the contrary in this Master Declaration, the Declarant may at any time commence paying assessments as to Dwelling Units or Lots owned by it and thereby automatically terminate its obligation to kind deficits, but at any time thereafter the Declarant may again elect to follow the procedure specified in the preceding sentence. Section 5. SPECIAL ASSESSMENTS: In addition to the Annual Assessment authorized by this Article Six, the Board may levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Property including the necessary fixtures and personal property related thereto, or for other purposes deemed appropriate by the Association. The due date of any Special Assessment under this Article shall be fixed in a resolution authorizing such assessment. The Declarant shall not be obligated to pay a Special Assessment levied on any Lot or Dwelling Unit owned by it. If the Special Assessment is for the maintenance, repair, replacement or construction of an item, system or facility which will 13 RobertL45 UV o inson 600 7.003' Brunswick County, NC Register of Deeds page 18 of 44 benefit a limited area within The Property, then the Special Assessment shall be levied only against those Lots or Dwelling Units that will benefit from such maintenance, repair, replacement or construction of an item, system or facility. The basis for fixing the Special Assessment shall be set by the Board of Directors, and no Special Assessment shall be levied without the affirmative vote of at least Fifty -Five percent (55%) of the benefiting property owners with each benefiting property owner having one (l) vote for each lot or parcel he/she/it owns. Section 6. _CHANGE IN BASIS MAXIMUM AMOUNT OF THE ANNUAL ASSESSMENT: Subject to the linutations of Section 4 and for the periods therein specified, the Board may change the maximum and basis of the Assessment fixed by Section 4 for any such period, provided that written notice containing a copy of the newly adopted budget outlining the Assessment change is sent to all Members at least thirty (30) days in advance of the effective date of the adopted change. Section 7. DUTIES OF THE BOARD OF DIRECTORS: The Board of Directors of the Association shall prepare a roster of Members and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Member. Written notice of the Assessment for each assessment year shall be sent to every Member subject thereto at least thirty (30) days prior to the commencement of the Assessment Year. The Association shall, upon demand at any time, furnish to any Member liable for an Assessment a certificate in writing signed by an officer of the Association setting forth whether the Assessment has been paid. The certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid_ Section S. EFFECT OF NON-PAYMENT OF ASSESSMENT: THE PERSONAL OBLIGATION OF THE OWNER�_THE LIEN_ ; REMEDIES OF THE ASSOCIATION; LATE FEES; RESALE CERTIFICATE: If an Assessment is not paid on the date when due (being the dates specified in Section 3 and Section 5 hereof), then it shall become delinquent and shall, together with interest thereon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period. Provided, however, unless the Seller obtains from appropriate officers of the Association at closing, a certificate attesting to the fact that all Assessments are paid and present such certificate to the purchaser at closing, the purchaser shall be conclusively presumed to have assumed such past due Assessments and shall also become forthwith liable therefore. The Owner requesting the certificate shall pay to the Association a reasonable sum to cover the costs of examining records and preparing the certificate. If the Association is not paid within thirty (30) days after the delinquency date, the Assessment shall bear interest from the date of delinquency at the rate established by the Board of Directors not to exceed the maximum legal rate of interest, and the Association may bring an action at law against the Owner personally obligated to pay the outstanding Assessment and/or bring an action to foreclose the lien against The Property under Article 2a of Chapter 45 of the General Statutes; and there shall be added to the amount of such Assessment all costs of 14 II IIII�III III IN III I�II�I�IIII�1 Ili OZ545 P0815 inson-57.0 Brunswick County, NC Register of Deeds page 19 of 44 collection, including, but not linvted to the cost of preparing and filing the complaint in such action, the cost of any and all attorneys' fees incident to collection whether or not suit is brought, including attorneys' fees on appeal. In the event a judgment is obtained, such judgment shall include interest on the Assessments as provided above and a reasonable attorneys' fee to be fixed by the Court, together with costs incident to the action. In addition to the foregoing remedies, the Board of Directors may assess a "Late Fee" of ten percent (10%), compounded annually, on the delinquent Assessment for each Annual or Special Assessment which is more than ten (10) days delinquent, for the purpose of helping defray collection costs. Section 9. SUBORDINATION OF THE, LIEN TO MORTGAGES: The lien for the Assessment provided for in this Declaration shall be subordinate to the lien of any mortgage now or hereafter placed upon an Owner's property subject to assessment, unless such Assessment is secured by a Claim of Lien that is recorded prior to the recording of such mortgage. ARTICLE SEVEN MAINTENANCE Section 1. OWNER'S RESPONSIBILITIES: Maintenance and repair of Lots, Dwellings, Recreational Amenities and other separate Business Entities, together with all improvements thereon and all lawns, landscaping and grounds shall be the responsibility of the Owner or Multi -Family Association with responsibility thereof. Each Owner or Multi -Family Association shall maintain its Lot, Dwelling or Recreational Amenity in a neat, clean and sanitary condition. Such responsibility shall include the maintenance and care of all exterior surfaces of all Dwellings, buildings and other structures as well as lawns, trees, shrubs, hedges, grass and other landscaping. Each Owner or Multi -Family Association with responsibility shall also be obligated to pay for any costs incurred by the Association for carrying out this responsibility if the Owner fails reasonably to do so. Except for the Declarant, the owner of any amenity or any condominium association, no Owner shall decorate, change or otherwise alter the appearance of any portion of the exterior of any Dwelling or building or the landscaping, grounds or other improvements unless such decoration, change or alteration is first approved in writing by the Architectural Standards Committee as hereinafter established. If an Owner or Owners are legally responsible for damage inflicted on any Common Properties, the Association may direct such Owner or Owners to repair such damage, or the Association may itself cause the repairs to be made and recover damages from the responsible Owner or Owners. Section 2. ASSOCIATION RESPONSI-BILITIES: Unless otherwise provided, the Association shall maintain and keep in good repair the Common Property including any improvements or starctures located thereon and in addition it may provide lawn and landscaping maintenance in any areas provided that the Supplemental Declaration for such area requires the Association to provide this service. No diminution or abatement of assessments, fees or charges, however, shall be claimed or allowed by any Owner by reason or any alleged failure of the Association to take some action or to perform some function required to be taken or performed i5 ll�ll I ICI �l I�lli EI I III �I IIIII IIIL�� P��16 G5-ry_57e, 15:.41 :57, p0 Brunswick Count Robert J. Robinson y, WC Register of Deeds page 20 of 44 by it under this Declaration. I❑ the event the Board determines that any Owner or responsible Multi -Family Association has failed or refused to carry out its duties under this Article, the Association may take such action as is necessary to restore the property to the conditions required under this Article. Entry upon any property for this purpose by the Association, its agents or employees shall not be deemed a trespass. Except in emergency situations; however, the Association shall give such Owner or responsible Multi -Family Association 15 days'notice prior to its entry on the premises to perform such work. This right in favor of the Association shall not, however, impose any obligation upon the Association to undertake any particular corrective action. In the event the Association does, however, take any corrective action as regards any property, the Owner thereof shall promptly reimburse the Association for all costs and expenses incurred in such corrective action. ARTICLE EIGHT INSURANCE AND CASUALTY LOSSES Section 1. PROPERTY AND CASUALTY INSURANCE: Property and casualty insurance on the Common Property shall be maintained through the Association in an amount equal to the maximum insurable value thereof. The Association shall also purchase such other insurance as may be necessary on the Common Property far.•the purpose of properly protecting the Association. The Association may also purchase liability insurance covering the Association's Directors and Officers. Section 2. PREMIUMS: The premiums for all insurance policies purchased by the Association shall be deemed to be general expenses of the Association and shall be paid by the Members through the Annual Assessments as provided in this Declaration. Section 3. DAMAGE OR DESTRUCTION TO COMMON PROPERTY: Should any part of the Common Property be damaged or destroyed the Association shall cause it to be repaired or replaced if the insurance proceeds together with available reserves are sufficient to do so. If the Board determines these funds are insufficient and therefore a Special Assessment is necessary to complete the repair or replacement, then the Members of the Association shall be given notice of the amount of the Special Assessment and an opportunity to vote on the question. Any necessary Special Assessment shall be imposed by the Board unless 60% of the total Association membership votes no. ARTICLE NINE CONDEMNATION CONDEMNATION OF COMMON PROPERTY: Should any portion of the Common Property be taken through eminent domain or conveyed by deed in lieu of condemnation by the Association the award of proceeds made or collected by the Association shall be disbursed or held as follows: (a) to the extent practical in the discretion of the Board the funds shall be used for the 16 llllll lull I[ llll ll1 IfII�llill ifs �Il �?�4� o nson_5° Brunswick County. NC Register of Deeds page 21 of 44 replacement of the condemned facility on some other part of the Common Property; (b) if replacement at same other location within the Common Property is not feasible then these funds shall be added to the reserves field by the Association, or (c) should the Board deem the funds not necessary for addition to the reserves then these funds shall be disbursed on a pro-rata basis to the Membership of the Association. AR'NCLE TEN ADMINISTRATION OF THE COMMON PROPERTY Section 1. M.ANAGEMENT-, The Association, subject to the rights of the Declarant and the rights and duties of the Owners as set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Property and all improvements located thereon. Section 2. DUTI]+1S AND POWI+FRS: The duties and powers of the Association shall be those set forth in (a) Chapter 55A of the North Carolina General Statutes as it applies to non- profit Corporations, (b) this Declaration (c) the Bylaws and (d) the Articles of Incorporation of this Corporation. Should there be conflicts or inconsistencies between any of these documents then the order of authority shall be the General Statutes, this Declaration, the Articles of Incorporation and the Bylaws. Notwithstanding any other provision in this Master Declaration to the contrary, as long as the Declarant shall own any Lot, Dwelling, Recreational Amenity or other Business Entity in the Development the Association shall not, without the consent of the Declarant, borrow money or pledge, mortgage, or hypothecate all or any portion of the Common Property. In addition to the powers granted or given the Association under this Master Declaration, the Bylaws and Article of Incorporation of the Association and the laws of North Carolina, the Association shall also have the power to: (a) Maintain Common Property: The Association shall have the power to maintain the Common Property in good order, repair and condition, pursuant to the terns and conditions of this Master Declaration. These responsibilities shall include, but not be limited to, the operation, maintenance, repair and replacement, subject to any insurance then in effect, of the furniture, fixtures, equipment, landscaping, structures, stormwater facilities, roads and any other improvements located in the Common Property. (b) Employee an Agent: The Association shall have the power to employee or contract for the services of a manager and delegate to such manager any and all of the powers and duties of the Association, except those that are required by this Master Declaration or by law to have the approval of the members of the Association or Directors of the Association. The Association shall also have the power to terminate such manager. The Association, through its Board of Directors, shall also have the power to hire and discharge other employees, agents and independent contractors. 17 P08 1 0 5: 4; 57°00e Ra6ert J. Robinson Brunswick County, NC Register of Deeds page 22 of 44 (c) Make Contracts and Incur Liabilities: The Association shall have the power to make such contracts and incur such liabilities as are required to carry out the duties assigned to it under its Articles of Incorporation, Bylaws and this Master Declaration. (d) Adopt and Amend Its Bylaws and Rules and Regulations: The Association shall have the power to amend its Bylaws and Articles of Incorporation and to adopt and enforce rules and regulations concerning the use of the Common Property within the Development, subject to the provisions of the Articles of Incorporation and Bylaws of the Association and the provisions of this Master Declaration. (e) Impose, Receive and Collect Fees. Charges and/or Fines: The Association shall have the power to impose and receive any payments, fees or charges for the use; rental, maintenance and operation f the Common Property. The Association shall also have the power to charge reasonable fines and/or sanctions for the violation of this Master Declaration, the Bylaws of the Association or any rules or regulations duly adopted by the Association. The Association shall also have the power to suspend the rights and privileges provided by the Association for reasonable periods for violations of this Master Declaration, Bylaws and/or rules and regulations of the Association. The Association shall also have the power to impose and collect reasonable charges for the preparation and recordation of documents, including, but not limited to, amendments to this Master Declaration or statements for unpaid assessments. The procedure for imposition of and collection of any of the aforesaid charges, fees, fines and/or sanctions shall be as is set forth in this Master Declaration, any rules or regulations adopted by the Association or as permitted or required by law. (f) Secure Insurance: The Association shall have the power to secure and maintain such insurance coverage as required by this Master lleclaration, the Bylaws and/or the Articles of Incorporation of the Association or any other insurance the Board of Directors deems expedient. (g) Maintain Easements: The Association shall have the power to maintain all easements, swales, drainage and/or stormwater easements or systems within the Development (including the power to secure and furnish any equipment used in connection therewith). (h) Borrowing by the Association: The Association shall have the power to borrow funds under such conditions and terms as the Association deems appropriate, provided, the Association shall secure such approval as may be required under this Master Declaration, the Bylaws and/or Article of Incorporation of the Association before borrowing any funds. The Board of Directors of the Association shall have the power to pledge, mortgage or hypothecate all or any portion of the Common Property and/or its income or revenues to secure a loan upon the approval of a majority of the votes cast by the members with each lot or dwelling unit representing one (1) vote. 18 IIIIIII�II� Il IINI IliIIIN ���II ll ��5a� P�$i� 0-9-57° 5A©0_ Robert J, Robinson Brunswick County, NC Register of Deeds page 23 of 44 (i) Additional Powers: The Association shall have such additional powers and duties as are assigned to it under the terms of this Master Declaration, the Bylaws and Article of Incorporation of the Associations or may be required to perform the duties assigned to it. This shall include, but is not limited to the powers set forth in North Carolina General Statutes Sections 47F-3-102 (1) through (6) and (11) through (17), as they exist as of the date of this instrument or as they may be amended from time to tinie. Section 3. AGREEMENTS: All Agreements and actions lawfully authorized by the .Board of Directors shall be binding upon all Owners, their heirs, successors and assigns. The Association may perform its duties and responsibilities through its Board of Directors and further shall have the authority to delegate to persons of its choice such duties as may be determined by the Board of Directors to be expedient. The Board shall have the power to employ such managers, agents and employees as necessary in its discretion to carry out its functions under this Declaration. In addition the Association may pay for and the Board of Directors may hire and contract for such legal, accounting and other professional services as are necessary or desirable in connection with the operation of the Development or enforcement of this Declaration or the Bylaws or the Rules and Regulations of the Association. Section. 4. RESTRAINT ON TRANSFER: The Shares of the Owners in the funds and assets of the Association cannot be individually assigned, hypothecated or transferred in any manner except to the extent that a transfer of ownership of a Lot, Dwelling or Recreational Amenity also transfers the membership in the Association which is an appurtenance to such Lot, Dwelling or Recreational Amenity. Section S. RULES AND REGULATIONS- The Association acting through its Board of Directors may make and enforce reasonable rules and regulations governing the use of the Lots, Dwellings, Multi -Family Areas and Common Property. These rules and regulations shall be consistent with the rights and duties established by this Declaration. ARTICLE ELEVEN ARCHITECTURAL AND LANDSCAPING STANDARDS Section 1. PURPOSE: In order to preserve the natural setting and beauty of the Development, to establish and preserve a harmonious and ascetically pleasing design for the Development, to protect and promote the value of the Development, the Lots, Dwellings, Recreational Amenities, or other separate Business Entity and all improvements located therein or thereon including landscaping shall be subject to the restrictions set forth in this article. Every Grantee of any interest to any property in the Development, by acceptance of a deed or other conveyance of such interest, agrees to be bound by the provisions of this Article. Section 2._ ARCHITECTURAL STANDARDS COMMITTEE (ASCU: The Board of Directors, at its first meeting, shall establish an Architectural Standards Committee ("ASC" or 19 ei zs 2oa7 IIII II I IEI IIII I!I III IililEl IIIIII III Robes �0$ o in on-fi7.44: Brunswick County, NC Register of Deeds page 24 of 44 "Committee"), The ASC or Committee shall consist of not less than three (3) nor more than five (5) members. The members of the ASC or Committee shall serve at the pleasure of the Board of Directors. The ASC is authorized to retain the services of consulting architects, landscape architects, engineers, inspectors, attorneys and/;or any other professionals it deems appropriate in order to advise and assist it in performing its functions under this Article. The members of the ASC may be paid a stipend or honorarium as established from time to time by the Board. Section 3. PERMITTED IMPROVEMENTS: No improvements of any nature whatsoever, specifically including landscaping shall be constructed, altered, added to, placed or maintained upon any part of the Development except: (a) such improvements as are approved by the Committee in accordance with this Article, or (b) any Dwelling or other improvements including Recreational Amenities or other separate Business Entities which are constructed by the Declarant, or (c) any other improvements which under this Article does not require the consent of the Committee. Section q. PLACEMENT OF IMPROVEMENTS: a. Except for construction by the Declarant, all buildings, structures or other improvements shall be placed on the Lot or Multi_Family Area under the supervision of the Committee. The Committee, to assure that Dwellings and other structures will be located so that the maximum view, privacy and breezes will be available shall take into consideration the topography of each Lot and also the location of tress, vegetation, other aesthetic and environmental considerations, as well as the precise site and location of any other Dwellings or structures within the Development. Should the Committee elect to require specific set -back lines, they shall be shown on (1) the plat of the Lots or parcels to which these specific requirements apply; (2) set out in the Supplemental Declaration for the area; or (3) in the written Building Criteria for the area involved. Even in those cases, where specific set -back lines are established, the Committee shall have the right, in its discretion, to grant a variance if it deems appropriate in order to protect some particular environmental or aesthetic consideration or to allow reasonable use of the lot under the particular circumstance. b. The Committee, in its discretion, may require any Owner or contractor for any planned improvement within the Development to post a payment and/or performance bond with it to assure satisfactory completion of such improvements. The bond shall be in form and amount as deemed satisfactory to the Committee. The Committee, may in lieu of requiring the posting of a payment or performance bond, accept a sum satisfactory to it to be held by the Committee in escrow in order to assure the completion of all of the improvements including landscaping in accordance with the approved plans and specifications and within the time periods provided within this Article. c. The exterior of any improvement permitted under this Article shall be completed within the time specified in Section 9 of this Article, unless the Committee allows a longer time period. Should the improvements, including landscaping, not be completed within the provided time periods, the Committee shall be entitled to collect on or enforce payment under the bonds. If the Committee has accepted funds in escrow in lieu of the bonds it shall be entitled to retain any such 20 IIIIIII �1I �7III Jill 1111111111111111111 B2545 P082n5.0o1so� Brunswick County, NC Register of Deeds page 25 of 44 sums as a penalty for failure to complete the work within the allotted time. Any escrow hinds held by the Committee may be invested in an interest bearing account with the interest thereon being the property of the Association should the owner become entitled to a return of the escrow funds, or the Association in the event of default. d. No structure may be temporarily or permanently occupied until a certificate of occupancy has been issued by the Committee. Further, no structure shall have the permanent electrical service connected by Brunswick Electric Membership Corporation (the electrical supplier) until the certificate of occupancy has been issued by the Committee. No temporary structure of any kind shall be permitted within the Development except in connection with an ongoing building project. Any such temporary structure shall be immediately removed from the Development when the building is completed. Temporary structures for social functions may be permitted by the Board for specific functions provided such structures are immediately removed from the Development after the function is terminated. No outside clothes drying facilities may be allowed within the Development. During construction, the Owner shall require his contractor to maintain The Property in a reasonably clean and uncluttered condition. To the extent possible, all construction trash and debris shall be kept within refuge containers. Upon completion of the structure, the Owner and the Contractor shall cause immediate removal of all equipment, tools and construction materials including debris from the Lot. Section S. ARCHITECTURAL APPROVAL: a. To preserve the architectural and aesthetic appearance of the Development all plans and specifications for any structure or improvement whatsoever (except as permitted in Section 3 of this Article) to be erected in the property including the proposed location thereof, the construction material, the roofs and exterior color schemes, any later changes or additions after initial approval thereof, any remodeling, reconstruction, alterations or additions thereto, shall be subject to and shall require the written approval of the Committee before any such work is commenced. b. The Owner shall submit to the Committee such plans and specifications for any and all proposed improvements as may be required by the Committee. The plans shall show the location on the Lot or parcel of the structures proposed to be constructed, altered, placed or maintained together with the proposed construction material, color schemes exterior elevations and any other details required by the Committee. c. The Committee shall approve or disapprove plans, specifications, and details within thirty (30) days from the receipt thereof One (1) set of said plans and specifications and details with the approval or disapproval endorsed thereon, shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. d. The Committee shall establish written architectural and aesthetic criteria to be used in reviewing all plans, specifications and details submitted for its approval. The criteria shall be subject to revision by the Committee. In addition, the Committe may establish such administrative 21 2067 P0822 15-Ag_57.003 Robert J. Robinson Brunswick County, NC Register of Deeds page 26 of 44 procedures and rules as it deems expedient to facilitate the administration of this Article_ e. The Committee shall have the right to disapprove any plans, specifications or details submitted to it in the event they are not, in the opinion of the Committee, in accordance with (1) any of the provisions of this Master Declaration, (2) the written criteria established by the Committee or (3) the general plan of the Development, or (4) if the design or color scheme of the proposed structures) is not in harmony with the general surroundings of such Lot or Parcel or with the adjacent structures, (5) if the plans and specifications submitted are incomplete, or (6) in the event the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the interests welfare or rights of all or any part of the Development subject hereto, or the Owners thereof. f. Prior to commencement of construction, a building certificate must be obtained from the Committee and prior to occupancy, an occupancy permit must be obtained from the Committee. The Committee or its agents shall have the right to inspect all construction to insure that the structure is in accordance with the approved plans, specifications and details. No structure or improvement shall be made unless it conforms strictly to the -approved plans, specifications and details. These required certificates are in -addition to those required by the local, county,' or state authorities. g. As part of the building permit application, the Owner must submit, if needed, plans for installing a culvert in the drainage ditch where his driveway is to cross the drainage ditch between the roadway and Lot or Parcel. The cost of the culvert and covering is to be borne by the Owner and the construction specifications must meet the ASC's approval. Section G. LANDSCAPING APPROVAL: a. To preserve the aesthetic appearance of the Development, no landscaping, grading, excavation, or filling of any nature shall be implemented or installed by anyone other than the Declarant, unless and until the plans therefore have been submitted to and approved in writing by the Committee. b. The procedure outlined in Section 5 of this Article shall apply in all respects to this section. c. The landscape and grading plans shall be reviewed and approved with consideration of the harmony of the proposed landscaping design, the environmental character of the surrounding area, the preservation of natural drainage patterns, the visual impact on the surrounding areas and the establishment of adequate shading and buffering in regard to individual Lots. The landscaping plan shall be in general conformity with the overall landscaping plan of the golf course. d. Unless located within ten (10) feet of a building or parking area, no tree, shrub, bush or other vegetation having a trunk diameter of six (6) inches or more at a point of four (4) feet above ground level shall be cut, removed or mutilated, provided this does not apply to dead or diseased 22 Robert J. Robirnson:57 Brunswick County, NC Register of Deeds page 27 of trees or shrubs. If any such tree, bush or shrub is removed without approval of the Committee, the Owner shall replace it with a tree, bush or shrub of comparable value. In the event the Owner fails, within thirty (30) days, to satisfactorily replace the tree, bush or shrub removed, the Owner shall pay the Association a damage fee (as set by the ASC) upon demand of up to $2,500,00 per lost or removed tree, bush or shrub. The Association, through its agents and employees, shall have the right to enter The Property for the purpose of replacing the tree, bush or shrub. Liquidated damages provided for herein shall become a lien on the property of the Owner. e. The Committee shall promulgate standards and criteria for the landscaping plans in general. A copy of the criteria may be obtained from the Committee. f. The Owners of the Recreational Amenities are hereby exempted from the provisions of the landscaping plan. Section 7. APPROVAL NOT A GUARANT.LE: Approval -of plans, specifications and the publication of architectural and landscaping standards shall not be considered as representing or implying that the plans, specifications or standards if following will result in properly designed improvements. Neither the Declarant, the Association, the Conmttee nor any architect or agent thereof shall be responsible or liable in any way for defects in any such plans or specifications submitted, revised or approved pursuant to the terms of this Article. ARTICLE TWELVE GENERAL PROHMITIONS Section 1. _TEMPORARY STRUCTURES: No temporary house, trailer, tent, garage or other building shall be placed or erected on any Lot, provided, however, that the Association may grant permission for any such temporary structure for storage or materials during construction. No such temporary structure as may be approved shall be used at any time as a Dwelling place. Section 2. COMPLETION OF STRUCTURES: Once construction or improvement is started on any Single -Family Detached Dwelling, it must be substantially completed in accordance with the plans and specifications as approved within nine (9) months from date of commencement. Once construction or improvement is started on any Multi -Family Attached Dwelling building, it must be completed within twelve (12) months from date of commencement. Landscaping shall be completed within ninety(90) days of occupancy in any case. The ASC may grant an extension to these completion dates in its discretion. Section 3. LETS: No animal, livestock, bird, or poultry of any kind may be raised, bred, or kept on a Lot or Dwelling Unit, however, a reasonable number of generally recognized house pets may be kept subject to rules and regulations adopted by the Association, through its Board of Directors. Such house pet or pets must be kept solely as domestic pets. No pet shall be allowed to make an unreasonable amount of noise or to become a nuisance. Upon the written request of any Owner of a Lot or Dwelling Unit the Board of Directors of the Association may conclusively 23 Ill�i �l l �I II I II �I i Idf� lli I� �� fEl 01 29 201R?�4� aza is57: Robinson Brunswick County, NC Register of Deeds page 2+5 of determine, in its sole and absolute discretion, whether, for the purposes of this Section 3, a particular pet is, a generally recognized house pet, or if such pet is a nuisance. The Board shall have the right to require the Owner of a particular pet to remove it from The Property if it is found to be a nuisance or in violation of this restriction. The Board shall have the further right to fine any Owner of a Lot or Dwelling unit (not to exceed $50.00 per violation) for the violation of these restrictions by himself or any Occupant of his Lot. All Lot or Dwelling Unit owners shall be liable to the Association for the cost of repairing any damage to the Common Property caused by the pet of such Owner or of an Occupant of such Owner's Lot or Dwelling Unit. Any such fine or cost of repair shall be added to and become a part of any assessment next coming due against the Lot'or Dwelling Unit under the Master Declaration. The following breeds of dogs (Pit Bulls, Doberman Pinschers and Rottweilers), pot belly pigs, snakes and any other exotic creatures are hereby deemed not to be "generally recognized household pets" and are therefore not allowed in this Development unless specifically allowed by written variances from the Board of Directors of the Property Owners Association under whatever terms and conditions they may require. No pet maybe allowed to be loose or unleashed when outside its owner's premises. . When the pet is off its 6wner's premises it shall be on a leash and its attendant shall scoop up and dispose of any droppings in an appropriate manner. Failure by the owner to properly scoop and dispose of their pet's droppings shall allow the Board of Directors of the Property Owners Association to impose a fine of up to $%00 per offense. In this connection, the pet owner shall be given one written warning that the rule is being violated before being assessed any fines. Section 4. STORAGE RECEPTICALS: Every fuel storage tank shall be buried below the surface of the ground or screened to the satisfaction of the ASC and Developer. Receptacle for ashes, trash, rubbish or garbage shall be buried below the surface of the ground or screened to the satisfaction of the ASC. All detached storage buildings or sheds on a Lot must be placed within the screened service yards or otherwise shielded from view of the street, the adjoining property or the golf course as may be required by the ASC. Section 5. MAINTENANCE OF UNOCCUP _' D LOTS: All unoccupied Lots shall be well maintained, and no unattractive growth or accumulation of rubbish or debris shall be permitted. All unoccupied Lots shall, as a minimum, be mowed or bushhogged at least once during the period commencing with September 1 and ending with October 15. Should an Owner fail to mow or bushhog his Lot as required herein, the Association is hereby granted the right to enter the Lot and perform this work. The cost of such work shall be paid to the Association by the Owner unless the Association has mowed or bushhoged other vacant lots and included the cost thereof in the annual budget of the Association. Section b. OFFENSIVE AND ILLEGAL ACTIVITIES: No noxious, offensive 6r illegal activities small be carried on within the Development ^nor shall anything be done that shall be or become an unreasonable annoyance or nuisance. 24 Ills Il 11III fl IIIII fl 111�11f If �lil ll1 U UR?�4�$?� 57003 Robinson Brunswick County, NC Register of Deeds page 29 of 44 Section 7. REPAIR OR REMOVAL OF 13UILDINGS: Any building which may be destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be rebuilt or all debris removed and the Lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain longer than three (3) months. Section 8. OUTSIDE BURNING: No outside burning of wood, leaves, trash, garbage or household refuge shall be permitted, except in accordance with a validly issued burning permit from Brunswick County and the Declarant or the Association. Section 9. DWISION OF SINGLE-FAMII,Y LOTS: No Single -Family Detached Dwelling Lot shall be subdivided, or its boundary lines changed by its Owner, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves for itself, its successors or assigns, the right to replat and thereby combine any two (2) or more Single -Family Detached Dwelling Lots shown on a plat thereof into one lot prior to delivery of a deed in order to create a modified Single -Family Detached Dwelling Lot. The Declarant may also create one Single -Family Detached Dwelling Lot by the sale of two or more adjacent Lots to one party, followed by the construction thereon of a Dwelling Unit in such a manner as to require the total Lots to be treated as one Lot in order to meet the set back and side line requirements, without the necessity of replatting. Section 10. MOTOR VEHICLES AND NOISE LEVEL: No dirt bike, go-cart, or similar vehicle may be used within the Development at all under any circumstances. All motor vehicles (including motorcycles and motor bikes) operated in the Development shall have quiet mufflers. Further, no person shall operate any motor vehicle in the Development unless he holds a valid drivers' license. There shall be no outside storage or parking upon any Lot or the Common Property within The Property (other than areas provided for such purposes within the Common 1'r operty, if any) of any mobile home, trailer (either with or without wheels), motor home, tractor, tnrck (other than private standard size pick-up trucks), boat or other watercraft, boat trailer, or any other related form of transportation device. No owner shall repair or restore any vehicle of any kind on or within any Lot or other portion of The Property, except (a) within enclosed garages; or (b) for emergency repairs, and then ofily to the extent necessary to enable the movement thereof to a proper repair facility. Section 11. SIGNS: (a) With regard to single family homes, One (1) for sale sign may be placed on the property under the following terms and conditions: (1) The sign shall not exceed 18 inches by 24 inches in size and may show that the home is "For Sale" by the owner or by a real estate company as the 25 01 29 2©0' ll11! 1! I ll 1 Jill 1111111111111111111111 B2545 P08261: s7.0e 1„an Brunswick County, NC Register of Deeds page 30 of 44 case may be and the phone number. No other wording may be placed on the sign; (2) The sign must be placed approximately equal distance from the front 'of the house and the adjacent street right of way; (3) There shall be only one sign permitted on the property and shall only be placed where described. (b) , With regard to vacant lots, No sign or advertising poster of any kind (specifically including "For Sale" may be maintained on any vacant lot except as may be required pursuant to a legal proceeding or court order). (c) The Declarant and/or the Association through their agents or employees may remove any signs which violate these restrictions. Section 12. ANTENNAS: Satellite antennas of less than forty (40) inches in diameter may be placed on the dwelling or lot subject to any reasonable screening or placement requirement which the Architectural Standards Committee may impose in a particular case to minimize visual intrusion to adjoining properties. No placement or screening requirement imposed by the Architectural Standards Committee may.prevent, unreasonably delay or unreasonably increase the cost of antenna installation, maintenance and use; or preclude reception of an acceptable duality signal. Section 13. GOLF COURSE AREAS: Owners of Lots and Dwellings adjacent to the golf course fairways and greens, as well as their Occupants and pets shall be obligated to refrain from any action which would distract from the playing qualities of the golf course. The Owners shall be responsible for their pets and shall not allow the pets to make loud noises such as barking or run loose or walk on the fairways, pick up the ball or otherwise interfere with play. Section 14. SALES AND CONSTRUCTION ACTIVITIES: The Declarant, its agents, employees, successors and assigns may maintain such facilities and carry on such activities as may be reasonably convenient or incidental to the completion, improvement and sale of Lots or Dwellings within the Development including without limitation the right to install and operate construction trailers, sales offices, signs and model Dwellings. The right to maintain such facilities and carry on such activities shall include the right to use Dwellings as models and to use any Dwelling as an office for the sale of Lots or Dwellings and related activities. In addition, the Declarant shall have the right to construct, maintain, and operate a real estate sales and/or rental office on any site it deems expedient in the Development. Section 15. ADDITIONAL RULES: The Declarant, until Turnover and thereafter the Board of Directors of the Association, may establish such additional rules and regulations as may be deemed for the best interest of the Owners in the Development. 26 IIIII IIIIlI !!! lllI II I Iflfllll l 11 l l 111 Robes P08 o ° son-50000 Brunswick County, NC Register of Deeds .page 31 of 44 ARTICLE THDITEEN ENFORCEM + NT Section I. USE: No Lot or Dwelling subject to this Master Declaration shall be used except for residential purposes unless otherwise allowed herein. Commercial uses shall be confined to those areas established for such purposes by the Declarant. Section 2. RULES AND REGULATIONS: The Board of Directors is specifically granted the power to pass riles and regulations for the purpose of enforcing this Declaration. Section 3, INVALIDATION.- Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect. Section 4. PRYORITY OF LAND USE DOCUMENTS: This Master Declaration shall take precedence over conflicting provisions in the Articles of Incorporation or the Bylaws of the Association and the Articles shall take precedence over the Bylaws. Section 5. DURATION: This Master Declaration shall affect and run with the land and shall exist and be binding upon all parties and all persons claiming under them until December 31, 2015 and shall continue in full force and effect thereafter until a majority of the Owners have, by written vote agreed to amend or terminate them. Section G. AMENDMENT:INeither the Declarant, nor the Association, shall make any amendment or modification to this Master Declaration which will change or alter the Plan of Development. The Declarant, however, reserves for itself before Turnover and thereafter the Association the right to snake an amendment or modification which will not affect the Plan of Development. Should any such modification or amendment however, attempt to materially change or alter the Plan of Development, such modification or amendment shall be null and void. Further, this right to amend shall not render these Covenants or Restrictions purely personal to the Declarant and the benefits and burdens shall remain mutual and reciprocal to all Owners. The Plan of Development may only be materially altered, modified, or changed by a written document executed by the Declarant together with the owners of a majority of the Lots and Dwelling Units then owned by persons other than the Declarant and will only become effective upon recordation in the Brunswick County, North Carolina, Public Registry. Section 7. ENFORCEMENT - GENERAL- Failure of an Owner/Occupant to comply with a provision of this Master Declaration or a provision in the Bylaws, Articles of Incorporation or Rules and Regulations of the Association shall provide the Association with the right to bring legal action at law or in equity, including but not limited to an action for injunctive relief, damages, or a combination thereof against the Owner. All costs and expenses incurred by the Association in terminating or resolving a violation of this Declaration, inclusive of attorneys' fees (whether or not litigation is instituted) and Court costs shall be the responsibility of the Owner 27 I II ++ II + + ! I 82545 P082815-a s-5p , 003 Robert J. Robinson Brunswick kCounty, ty, Register �1 gi er of Deeds page 32 of 44. x determined by the Association to be in violation. Collection of such attorneys' fees costs and damages may be enforced by any method described in this Master Declaration providing for the collection of Annual Assessments, or by a civil action to collect the debt. The Association shall further have the right to enforce rules and regulations as may be promulgated by the individual Condominium and/or Multi -Family Associations situated in the Development by compelling them to enforce their own Bylaws and restrictions.. . Section 8. INTERPRETATIONS: In all cases, the provisions of this Master Declaration shall be construed together and given that interpretation or construction which, in the opinion of the Declarant or the Board of Directors will best effect the intent of the General Plan of Development. The provisions of this Master Declaration shall be given full force and effect notwithstanding the existence of any zoning ordinance or building codes which are less restrictive. Section 9. SEVERABILITY: Whenever possible each provision of this Declaration shall be interpreted in such a manner as to .be effective and valid; however, if the application of any provision to any person or property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application and to this end the provisions of this Declaration is declared to be severable. Section 10. NO TRESPASS: Whenever the Association, the Declarant, the Architectural Standards Committee and their respective successors, assigns, agents or employees are permitted by this Declaration to enter upon or correct, repair, clean, maintain, preserve or do any other action within any portion of the Development, the entering thereon and the taking of such action shall not be deemed a trespass. Section 11. NOTICES: Notices required under this Declaration shall be in writing and shall be delivered by hand or sent by United States Mail, postage prepaid. All notices to Owners shall be delivered or sent to such address as have been designated in writing to the Association or if no such address has been so designated by the Owner, at the address of the Owner's Lot, Dwelling or Recreational Amenity. All notices to the Declarant shall be delivered or sent to the Declarant's main office in Brunswick County, North Carolina or to such other address as the Declarant from time to time may notify the Association. ARTICLE FOURTEEN WORIONG CAPITAL CONTRIBUTION At the closing, each Class "A" Member shall make a $100.00 per Lot or Dwelling contribution to the working capital of the Association. This initial contribution is not a pre- payment of the regular monthly or Annual Assessment. 28 lllllllllll lit �tllllll�l �ill��f lll�l RB2545obert J. Robinson son Brunswick County, NC Register of Deeds page 33 of 44 ARTICLE FWTEEN CONSTRUCTION When construing these Covenants and Restrictions, the parties agree that they shall be construed as beneficial cornmunity rules and that any ambiguity shall be resolved in favor of liberal enforcement by the Courts. ARTICLE SIXTEEN NO1ZT1U CAROLINA PLANNED COMMUNITY ACT This Consolidated Master Declaration has been amended as necessary to incorporate the provisions of the North Carolina Planned Communities Act which apply to communities created prior to January 1, 1999. IN WITNESS WHEREOF, this Master Declaration together with Covenants, Conditions and Restrictions has been signed and executed by the Declarant the day and year first above written. CAW CAW LAND C (IRP O By: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK n H. Andersoki. President This cX, day of San ,r.ctri./-�- ) 2001, personally appeared before me MASON H. ANDERSON, who being duly sworn and personally known to me or I have seen satisfactory evidence of the above named person's identity, by current state or federal identification with is photograph in the form of a , says that he is duly authorized PRESIDENT of CAW CAW LAND CORPORATION and that he signed the foregoing and annexed instrniment. of said corporation, and that he acknowledged the said writing to be the act and deed of said corporation herein stated. `,++++t111111rNtflPr� �/ �a� •�. 00'�•N 6y Public = Typed or Printed name of Notary Public 0.. '04,1 My Commission Expires: � � 2t) I I (Official Seal or Stari°�'�ye•..,.••••, •• US COv +++ 2 9 t+t `J Q 7 2 2 EXHIBIT 1 ARTICLES OF INCORPORATION OF BRUNSWICK PLANTATION PROPERTY OWNERS ASSOCIATION, INC. The undersigned, acting as incorporator of a non-profit corporation under Chapter 55A of the North Carolina General Statutes, does hereby adopt the following Articles of Incorporation for such corporation. ARTICLE I The name of the corporation (hereinafter called the Association) is BRUNSWICK PLANTATION PROPERTY OWNERS ASSOCIATION, INC. ARTICLE II The primary purposes for which the Association is. f-ormed is -to carry out the functions as set -out for the Association in the Master -Declaration of -Covenants, Conditions, Restrictions. and Re.serv.ations for-Brunsw.i•ck. Plantation. In £u•rtherance of such purposes, the Association shall have the power to: (a) Perform all duties and obligations of the Assolciation as set forth in the Master Declaration for Brunswick Plantation Property Owners Association, Inc. applicable to the development and to be recorded in the Public Records of Brunswick County, North Carolina; . (b) Affix, levy, collect, and enforce payment by any lawful means of all charges and assessments pursuant to the terms of the Master Declaration and pay all expenses in connection therewith, and all office and other expenses incidental to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied on or imposed against the property. of the Association; (e.) Acquire -(by gift, purchase or otherwise), own, hold and improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate to public use, or otherwise dispose of real and personal property in connection with the affairs of the'Association; (d) Borrow money and, subject to the consent by vote or written instrument of two-thirds (2/3) of each class of members, mortgage, pledge, convey by deed of trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; II R IIII II ��I III I��III� IIIIII RB2545obert J. o ° son-5�7g009 Brunswick County, NC Register of Deeds page 34 of 44 r pp Q (0 7] d Cate, `�' 2119, or transfer all or any part of the common areas to any municipality, public agency, authority, or utility for such purposes; (f Have and exercise any and all powers, rights, privileges that a non-profit corporation organized under Chapter 55A of the North Carolina General Statutes by law may now or hereafter have; (g) Retain a management entity to perform any of the services or duties set forth above or in the Declaration. The Association is organized and shall be operated exclusively -for t-he purposes set forth above. The activities of the Association will be financed by assessments against members as provided in the Declaration, and no part of any net earnings of the Association will inure to the benefit of any member. perpetual. ARTICLE III The .period of duration of the-As'sociation.shall be ARTICLE IV The name and mailing address' of the incorporator is: Mason H. Anderson P. O. Box 345 Shallotte, NC 28459 ARTICLE V The affairs of the Association shall be managed by a Board o.f..Directors; a President and a Vice President. Prior to turnover -as defined in the Maste.r Declaration, the Board of Directors will be appointed by Caw Caw Land Corporation, the Developer of Brunswick Plantation. Neither the officers or the directors need be members of the Association. After turnover, both the officers and directors must be members of the Association (or an officer of any corporate member). The of f ic.ers sha-1 l� be elected. at the f i,rst meetIng of the Board of Directors each year. The names of the officers who are to serve until the first election are: Nam George A. Sloane, III Mason H. Anderson Roscoe Grady Office President Vice President Secretary/Treasurer W2s 2om7 �I r Robert J. Rob nof Deeds page 35 of q43 Brunswick County, NC Regis Robert J. Robinson.o, 0 S 3 (� Brunswick County, NC Register of Deeds page 36 of ARTICLE VI The number of persons constituting the first Board of Directors of the Association shall be three (3); and thereafter, the membership shall consist of not more than five (5). The names and addresses of the persons who shall serve as Directors until .the first election are: Name 1. Mason H. Anderson 2. George A. Sloane, III 3. Grady Roscoe Addresses 111 Pine. Street Shallotte, NC 28459 16.Causeway Road Ocean Isle Beach, NC 28959 45 Oak Brook Court Bricklanding Plantation Shallotte, NC 28459 ARTICLE VII The -initial Bylaws shall be adopted by the Board of Directors. Thereafter the Board o.f,Directors .shall have the power 'to alter, amend, repeal or adopt new Bylaws provided such action and the resulting Bylaws are not inconsistent with the Articles -of Incorporation or the Master Declaration. ARTICLE VIII These Articles may be amended at any annual meeting of the Association, or at any special meeting duly called and held for such purpose, on the affirmative vote of a majority of each class of voting members existing at the time of, and present.-) n person or by proxy at such meeting. The procedure for proposing an amendment shall be as set out in N.C.G.S. Section 55-A-35; ARTICLE IX Section 1. Membership: Every person or entity who is an Owner of a Lot, Dwe-l-ling, Recreational Amenity or other Business Entity subject to the Master Development Plan shall be a member of the Association, provided that any such person or entity who holds an interest merely as security for the performance of an obligation shall not be a member. Section 2. Voting Right The Association shall have three classes of voting membership; (a) Class "A" Class "A" Members shall be all those Owners as defined in Section 1 of this Article with the exception of the Declarant and the Owner of any Recreational Amenity. Class "A" members shall be entitled to one vote for each Lot or Dwelling Unit in which tt933 Fold VAP Nint-erest required for membership by Section 1. when more than one person holds such interest in any Lot or Dwelling Unit, all such persons shall be members and the vote for such Lot or Dwelling Unit shall be exercised as -.they among themselves determine, but in no event shall more than one vote be cast with respect to any I..ot or Dwelling Unit. The Bylaws may establish procedures for voting when the title to a Dwelling Unit or Lot is held in the name of a corporation or more than.one person or entity. (b) Class "B" Class "B" Members shall be the Owner(s) of (1) the Recreational Amenity and (2) any other separate Business Entity. The Owner of. the Recreational Amenity shall be entitled to 50 votes. Should there be any other separate Business Entity(ies) built and operated as an ongoing business enterprise on the property, the Declarant shall have the right to assign the number of votes in the Association to such entity, provided such assignment shall be made in good faith by the Declarant. The Declarant is the Owner of the Recreational Amenity and so long.as:it retains ownership of the Recreational Amenity, the votes assigned to the Recreational Amenity shall be added to the votes allocated to the Declarant under Class u C is.. (c) Class "C" (i) The Class "C" Member is the Declarant. The Class "C"' Member shall be entitled to three votes for each Lot or Dwelling Unit in which it holds the interest required for membership by Section 1; provided that The Class "C" membership shall cease and become converted to Class "A" membership on the happening of the earlier of any of the following events: 1. When the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "C" membership; or 2. At any earlier time that.the Declarant, in its sole-.djscretion,.voluntarily converts its.Class "C" membership to Class"A" membership. 3. On December 31, 2005,.if not sooner converted under (1) or (2). From and.after the happening of the earlier of these events, the Class "C" Member shall be deemed to be a Class "A" Member entitled to one vote for each Lot or Dwelling Unit in which it holds the interest required for membership under Section 1. 01 2ao7 �2545 P@V33 15 41 57.003 Brunswick obert. J. Robinsoo n county, NC Register of ❑eeds page 37 of 44 8 3 O 7AMCLE X On dissolution, the assets of. the Association shall be distributed to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such distribution is refused acceptance, such assets shall be granted, conveyed, and assigned to any non-profit corporation, association, trust, or other organization organized and operated for such similar. purposes. ARTICLE XI The address of the initial registered office of the Association is III Pine Street, Shallotte, Brunswick County, North Carolina 28459, and the Initial Registered Agent of the Association is Mason H. Anderson at such address. ARTICLE XII The effective date of this corporation shall be upon filing with the Office of the Secretary of State of North Carolina. ARTICLE XIII Each Director and Officer of this Association shall be indemnified by the Association against all costs and expenses reasonably incurred or�imposed upon him in connection with or arising -out of any action, suit or proceeding in which he may be involved or to which he may be made a party by reason of his having been a Director or Officer of this Association, such expense to include the -cost of reasonable settlements (other than amounts paid to the Association itself). IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation on this 78 day of February, 1991. -�tCLiG3t ( Se a 1) Ma n H. Anderson STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, Notary Public, - do hereby certify that SON H. AN ERSON-personally appeared before me this day and acknowledged the due execution of the Foregoing instrument for the purposes therein set forth. WITNESS my hand and off i ci.al sea l this -CdP�'day of February, 1991.. (( �( -SE,�( , J / t A L ) ' No ary Publi My Commis ion Expires: 01- P2545 P0834 115 i 4l i 5004©3 obert J. Robinson Brunswick �I EICou�tI�Y NC Register of Deeds page 38 of 44 20-2052 ���k4LO4-roons'24 .00 PROP Brunswick County, NC Register of Deeds page 1 of 6 BYLAWS BRUNSWICK PLANTATION PROPERTY OWNERS ASSOCIATION, INC. A Non -Profit Corporation As amended Sept. 2, 2008, Oct. 7, 2008, Nov. 4, 2008, Feb. 21, 2012 ARTICLE I NAME AND LOCATION NAME AND LOCATION: The name of the Corporation is Brunswick Plantation Property Owners Association, Inc. The principal office shall be located at Brunswick Plantation, Calabash, North Carolina, but meetings of Members and Directors may be held at such places within the State of North Carolina as may be designated by the Board of Directors. ARTICLE II MEETINGS OF MEMBERS Section 1: ANNUAL MEETINGS: The annual meeting of Members shall be held during the first full week of May on. any day of the week from Monday through Friday, at any time between 9 a.m. and 7 p.m., and at Brunswick Plantation or a location no more than 25 miles from Brunswick Plantation. The date, time, and location shall be determined by the Board of Directors with announcement of such meeting.to be made to the membership as specified in Section 3 of this Article. Section 2: SPECIAL MEETINGS. Special meetings of Members may be called at any time by the President or by three (3) Members of the Board of Directors or upon written request of Members who are entitled to vote ten (10%)of all votes of the membership. Section 3: NOTICE OF MEETINGS. Written notice of each meeting of Members, shall be given by, or at the direction of the Secretary or other person authorized to call the meeting, by sending a copy of such notice, either by U.S. Mail, postage prepaid, or by electronic means, at least ten (10) days, but not more than sixty (60) days, before such meeting to each Member entitled to vote thereat, addressed to the Member's Postal or Electronic address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of receiving notice. Such notice shall specify the day, hour and place of the meeting and in the case of a special meeting, the purpose of the meeting. Section 4: QUORUM. The presence at the meeting, in person or by proxy, of Members entitled to cast 25% of the votes of the membership shall constitute a quorum for authorization of any action, except as may otherwise be provided in the Declaration, the Articles of Incorporation, or these Bylaws. If a quorum is not present at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. Section 5: PROXIES. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Proxies shall be revocable, and the proxy of any Owner shall automatically terminate upon conv yance by him of his property subject to the assessment. rc � � T . ` _ •. .... _. -., . ..,r;i:'' ,... � yam.. 04-20-2 B3 Brenda M. C � m ons 241PR P Brunswick County, NC Register of Deeds page 2 of 6 ARTICLE III BOARD OF DIRECTORS; TERM OF OFFICE; REMOVAL Section 1. NUMBER. The affairs of the Association shall be managed by a Board of Directors consisting of five Directors. Four of the Directors shall be elected by the Members of the Association from among the Members in accordance with the provisions for elections as prescribed in Section 4 of this Article. The fifth Director shall be appointed by Caw Caw Land Corporation. Section 2. TERM OF OFFICE. Directors elected by the Members shall be elected for two year terms, with two of the four elected Directors to be elected each year. The Director appointed by Caw Caw Land Corporation shall serve a one year term or until a successor is duly appointed. The terms of office shall begin and end at the time of the annual meeting. Announcement of election results and formal installation of new directors shall be the meeting's first order of business. After the new Board is seated, its Members shall formally elect the Association officers, as provided in Article VI, Section 2. Section 3: REMOVAL. Any Director elected by the Membership may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation, or removal of a Director, a successor who shall serve for the unexpired term, shall be selected by the remaining members of the Board. Section 4: ELECTION PROCEDURES. The annual election procedures are as follows: a) Notice of the election and solicitation of nominations shall be sent by U.S. Mail or electronic means to all POA members no later than Jan. 5 each year with a deadline for submission of nominations of Feb. 15. b) Members desiring to serve as Directors may nominate themselves. Members who nominate other members must include written approval of the member being nominated. All nominations must include a resume of the nominee's background. There is no limit on the number of terms served by a Member or the number of times a Member may be nominated. c) Ballots, instructions for their use, and background information on all candidates shall be mailed or sent electronically to all members no later than March 10 with a deadline of April 10 for receipt of ballots by an independent auditing or Association Management company selected by the Board of Directors to receive, verify eligibility and tabulate the votes. d) Results of the election shall be provided by the auditing firm or Association Management company to the Board .of Directors in a sealed envelope no later than April 20. The envelope shall be opened and results disclosed by the President at a special meeting of the Board of Directors called for no later than April 25 to which all candidates are invited. Results shall be announced to the membership at the Annual Meeting. e) Directors who will make up the Board after installation at the Annual Meeting may hold one or -more organizational meetings after election results are announced 6 2012 l II ii ll 83260 P0948 00 23'24.000 Register oBrenda M. f Deeds page 3 ns 6 PROP Brunsuick County, prior to the Annual Meeting in order to provisionally elect officers and conduct such other organizational functions they deem necessary. ARTICLE IV BOARD OF DIRECTORS; MEETINGS Section 1: REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held at least bi-monthly at such place and hour as may be fixed from time to time by resolution of the Board. A portion of every regular meeting of the Board of Directors shall be open to the Members and Members shall be given an opportunity to address the Board. Section 2: SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two (2) directors, after not less than three (3) days notice to each director. Section 3. QUORUM. A majority of the directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of directors present at a duly held meeting in which a quorum is present shall constitute the act or decision of the Board. ARTICLE V BOARD OF DIRECTORS; POWERS AND DUTIES Section 1: POWERS. The Board of Directors shall have the power to: a) Adopt and publish rules and regulations governing the use of the Common Areas and facilities including the personal conduct of the Members and their guests thereon; and to establish penalties for infractions of such rules and regulations. b) Suspend the voting rights and right to use of the Common Areas of any Member during any period in which such Member is in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed thirty (30) days for infraction of published rules and regulations. c) Exercise on behalf of the Association all powers, duties and authority vested in or delegated to the Association and not specifically reserved to the membership by the Declaration, Articles of Incorporation, or by other provisions of these Bylaws. d) Employ a manager, independent contractors, and such other -employees as they may deem necessary, and to prescribe their duties. Section 2: DUTIES. It shall be the duty of the Board of Directors to: a) Supervise all officers, agents, and employees of the Association and see to it that their duties are properly performed; b) Fix the amount of the annual assessment against each Lot, Dwelling, Recreational Amenity or other Business Entity in advance of each annual assessment period; and c) Send written notices of each assessment to every Owner subject thereto in advance of each assessment period-, and 3 04 20-2012 II I III I it I I lit I I! II I I IIII II I Ili I l III Brenda M. s l morons PR 24 P Brunswick County, NC Register of Deeds page 4 of B d) Establish and enforce a collection policy and procedures, written in accordance with provisions of North Carolina law and the Master Declaration, against any property for which assessments are delinquent. e) Issue, on demand of any person, a certificate setting forth whether or not any assessment has been paid. The Board may impose a reasonable charge for the issuance of such certificates; f) Procure and maintain liability and hazard insurance on all property owned by the Association as it may deem appropriate; g) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; h) Cause all property owned by the Association to be maintained. ARTICLE VI OFFICERS AND THEIR DUTIES Section 1: ENUMERATION OF OFFICES. The officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer who shall at all times be members of the Board of Directors. Section 2: ELECTION OF OFFICERS. After their installation at the Annual Meeting, Members of the Board of Directors shall formally elect the Association officers, ratifying any actions taken at earlier organizational meetings. Section 3: TERM. Each officer shall hold office for a term of one (1) year unless he shall sooner resign or shall be removed or otherwise disqualified to serve. Section 4: SPECIAL APPOINTMENTS. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time determine. The Board shall have the authority to appoint standing and ad hoc Committees and Councils to perform such duties as are determined by the Board. A listing of all such Committees and Council including a description of their responsibilities, authorities, and means of appointment shall be maintained in the Association office and made available to Members upon request. Section 5: RESIGNATION AND REMOVAL. Any officer may be removed from office by the Board at any time with or without cause. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any late time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section fi: VACANCIES. A vacancy in any office may be filled by appointment of the Board. The officer appointed to such vacancy shall serve for the unexpired term of the officer he replaces. Section 7: MULTIPLE OFFICES. No person shall simultaneously hold more than one of the offices, except in the case of special offices created pursuant to Section 4 of this Article Section $: DUTIES. The duties of the officers are as follows: a) President: The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and shall sign all leases, mortgages, deeds, and other instruments. 2 04-20 2.000 IIIII II111lIlII1l 11111 Ills 11111111111 BB3260rpo9 Clmmons-24'PROP Brunswick County, NC Register of Deeds page 5 of 6 b) Vice President: The Vice President shall act in the place of the President in the event of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. c) Secretary: The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it to all papers so requiring; serve notice of meetings of the Board to members; keep appropriate current records showing the Members of the Association together with their addresses. d) The Treasurer shall receive and deposit in appropriate bank accounts all funds of the Association and disburse such funds as are directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; shall keep proper books of the accounts; shall cause an annual audit of the Association books to be made at the completion of each fiscal year; and shall prepare an annual budget and statement of income and expenditures, a copy of which documents shall be delivered to each Member, and a report which shall be given at the regular annual meeting of Members. ARTICLE VII ASSESSMENTS As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments. All annual assessments shall be paid as designated by the Board of Directors. Any assessments not paid when due are considered delinquent. Interest, costs, and reasonable attorney's fees for collection shall be added to the amount of any assessment due. No Owner may waive or otherwise escape liability for assessments by non use of the common properties or abandonment of his property. Delinquent assessments and costs shall constitute a continuing lien on the property which generated the assessment until paid. ARTICLE VIII BOOKS AND RECORDS, INSPECTION The books, records, and papers of the Association shall be subject to inspection by any Member upon fifteen (15) days prior written notice. The Declaration, Articles of Incorporation, and Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies shall be made available for sale at a reasonable price. ARTICLE IX CORPORATE SEAL The Association shall have a seal in a circular form having within its circumference the words BRUNSWICK PLANTATION PROPERTY OWNERS ASSOCIATION, INC. ARTICLE X AMENDMENTS 61 04 20 2012 II I I I I I fl i 1 Il I II I I I I IIII I II I II II fll B�as5 i m ons�24 Brenda PROFS Brunswick County, NC Register of Deeds page 6 of 6 Prior to and after Turnover, these Bylaws may be amended by the Board of Directors at any regular or special meeting. ARTICLE XI FISCAL YEAR The fiscal year of the Association shall be the calendar year, except that the first fiscal period shall begin on the date of incorporation and shall end on December 31Stof the year of incorporation. ARTICLE XII CONFLICTS In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control, in case of any conflict between the Declaration and these Bylaws, the Declaration shall control-, in case of a conflict between the Articles and the Declaration, the Declaration shall control. Certification the undersigned do hereby certify: That I am the duly elected and' acting President of the Brunswick Plantation Property Owners Association Inc., a North Carolina non-profit corporation, That the forgoing by -Laws constitute the amended By -Laws of said Property Owners Association as duly adopted at a meeting of the Board of Directors thereof held on the 215' day of February. 2012. IN WITNESS WHEREOF, I have hereunto subsided my name and affixed the seal of said Property Owners Association this 215' day o ebruary, 2012 dry - FSeal Pr sident • v Lo 1' '� • n x '^ • ram' rY �G o`::� Attest: Crn-ti—` Secretary 6 07-10-2007 ll 111 Jill III III III III B2639 P1232 i16101nson 19.001 Robert J. Rob Brunswick County, NC Register of Deeds page 3 of 3 �1lI Presenter 9I Ret: j j Total Tc�Q Rev Int. Ck $ _,I Ck # ,` Cash $ Refund: _ Cash $ Finance ❑ Podians of document are illegible due la condition of original. ❑ Document contains seals verified by original instrument That cannot be re"ucod Of copied. AMENDMENT TO THE CONSOLIDATED MASTER DECLARATION FOR BRUNSWICK PLANTATION THIS IS AN AMENDMENT to the Consolidated Master Declaration and Development Plan for Brunswick Plantation as appears in Deed Book 2545, Pages 797 at the Brunswick County Registry, made this the 6- " day of July , 2007, by CAW CAW LAND CORPORATION, a North Carolina Corporation, hereinafter called the "Declarant". WITNESSETH: WHEREAS, the Consolidated Master Declaration of Covenants, Conditions and Restrictions for Brunswick Plantation is duly recorded in Deed Book 2545, Pages 797 of the Brunswick County Registry, hereinafter referred to as the "Master Declaration'; and WHEREAS, Article Twelve, Section 11, deals with the posting of signs on the Property, in Brunswick Plantation; and WHEREAS, placing signs, flags, balloons, streamers' and similar items on property within Brunswick Plantation has had a negative impact on appearance in Brunswick Plantation; and WHEREAS, the Declarant, in order to maintain the aesthetics and to protect the property values in Brunswick Plantation, deems it expedient to arnend Article Twelve, Section 1 1 of the Consolidated Master Declaration to address these conditions; this amendment will not change or alter the plan of development of Brunswick Plantation. NOW, THEREFORE, the Declarant, by and through the authority contained in Article Thirteen, Section 6 of the Consolidated Master Declaration, does hereby arnend Article Twelve, Section 11, of the Consolidated Master Declaration by deleting Section 11 as it now exists and inserting in lieu thereof the following; Section 11. SIGNS: (a) With regards to single-family homes: (1) One [1] "for sale" sign ray be placed on the lot tinder the following and conditions: Prepared by The Anderson Law Firm IIIIIIII III lil IIII IIIIII 111111111I III R?s3�J. 233 iI rl-,9�00, Brunswick County, NC Register of Deeds page 2 of 3 0) The sign shall not exceed 1'8 inches by 24 inches in size and may show that the home is "For Sale" by the owner or by a real estate company as the case may be and the phone number. No other wording may be placed on the sign; (n) The sign must be placed on the lot approximately equal distance from the front of the house and the adjacent street right of way; and (iii) There shall be only one sign pennitted on 'the lot and small only be placed where described above. (2) One (1) sign not exceeding 18 inches by 24 inches advertising an "open house" may be placed in the front of a single-family home which is for sale while a real estate agent is actually in the home; the sign must be placed as described above and must be removed when the agent is no longer in the home. (b) With regard to vacant lots: No sign or advertising poster of any kind (specifically including "For Sale") may be maintained on any vacant lot except as may be required pursuant to a legal proceeding or court order. (c) With regard to Condominiums or Multi -Family areas: (1) Displaying any sign or poster from a Condominium Unit may be controlled by the Declaration creating the Condominium or governing the multi -family area in which the Unit is located; however, if the Condominium Declaration does not control signs, then one "for sale" sign no Iarger than allowed for a single-family home may be placed in one window of the Unit. (2) No sign or advertising poster may be placed in any Common Area within the Condomiruum or multi -family areas, except as may be required by a court order or legal proceeding. (d) No sign or advertising poster of any kind may be posted on or placed on any of the Common Areas in Brunswick Plantation which shall include, but•is not limited to, all street rights -of -way, easements, and entrance areas, including the US Highway 17 main entrance. (e) No balloons, flags, streamers, or similar items may be placed, posted, or deployed on any lot, home, Condominium, or the Common Areas (as described above) anywhere in the Plantation or on the main entrance leading into the Plantation from US Highway 17. 2 20 fflf INfflffll�lf fif Il�ff�Ifl��Ell�f R ber �lz o son-19°00, Brunswick County, NC Register of Deeds page 3 of 3 (f) Except as specifically allowed in this Section 11 and as permitted to the Declarant in Section 14, no other signs or advertising posters may be placed, posted, or deployed on any lot, home, Condominium, or the Common Areas anywhere in the Plantation. (g) The Declarant and/or Brunswick Plantation Property Owners Association, Inc., through their agents or employees, may remove any signs which violate these Restrictions. Except as amended herein, the Consolidated Master Declaration, together with the Covenants, Conditions and Restrictions contained therein, shall remain in full force. IN TESTIMONY WHEREOF, this Amendment to the Consolidated Master Declaration has been signed and executed by the Declarant on the day and year first above written. CAW CAW LAND CORPORATION M STATE OF NORTH CAROLINA COUNTY OF BRUNSWTCK July This the 6th day ofIMM, in the year 2007, personally appeared before me Mason H. Anderson, President, Caw Caw Lane! Corporation, a North Carolina Corporation, who being duly sworn and personally known to me, says that he is a duly authorized officer of Caw Caw Land Corporation, a North Carolina Corporation and that he signed the foregoing instrument on behalf of said corporation, and that he acknowledged the said writing to be the act and deed of said corporation herein stated. hand and official seal or stamp this 6th day of July, 2007. Notary Publie R. Jean Haley Notary Printed or typed name My Commission Expires: 05/25/2012