SW8981116_Current Permit_20121107

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
November 7, 2012
John T. Vincent, Manager
Teal Briar Properties, LLC
1508 Military Cuttoff
Wilmington, NC 28403
Subject: Name Change / Ownership Change
Teal Briar Subdivision
Stormwater Permit No. SW8 981116
Ponder County
Dear Mr. Vincent:
On October 2, 2012 Pender County Planning requested Staff of the Division of Water Quality to
inspect the project in order to, determine that the documentation is in order, and the project is in
compliance wit the Stormwater permit requirements. As a result of this request the following
has been determined:
o On December 12, 2005, the Wilmington Regional Office received a request for the
transfer of ownership of the Stormwater Management Permit from Landmark
Developers, Inc. to Teal Briar Properties, LLC.
John Vincent signed on behalf of Teal Briar Properties, LLC on December 6, 2005.
• The undeveloped parcel is currently owned by Teal Briar Properties, LLC.
• The permit transfer was accepted on February 7, 2006 but the hardcopy of the
transferred permit was never issued to Teal Briar Properties, LLC.
As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy
of the permit, which includes the application and supplement forms, a copy of the approved
plans and a copy of the required Operation and Maintenance agreement from the previous
permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership
Transfer form, you have accepted the responsibility for complying with the terms and conditions
outlined in this permit. If you need additional copies of the permit, or copies of the approved
plans, please contact the Division of Water Quality in the Wilmington Regional Office at the
phone number below. For your records, please find enclosed a copy of the updated page 2 of
the permit, a copy of the inspection report, and a copy of the Name/Ownership Change form
submitted on February 15, 2006.
Please be aware that the proj'ect's built -upon area and stormwater controls must be built and
maintained in compliance with the permit documents and the approved plans. Maintenance
of the approved system shall be performed in accordance with the signed Operation and
Maintenance agreement. Any modifications to this project must be submitted to the Division
of Water Quality and approved prior to construction. The issuance of this approval does not
preclude you from complying with all other applicable statutes, rules, regulations or
ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit
or approval prior to construction.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] DENR Assistance:1-877-623-6748
Internet: www.ncwaterqualky.org
Na thCarolina
Ammi!!
An Fnnal nnruwf nnily 1 Affi"n6l Arfinn Fmnln—

If you have any questions concerning the requirements of the permit, please do not hesitate to
call David Cox at [phone].
Sirderely,
Charles Wakild, P.E., Director
Division of Water Quality
CW/GDS/ dwc: S:1WQS1Stormwater\Permits & Projects119981981116 LD12012 11 permit 981116
cc: Chris Stephens
Rebecca Costin, Pender County
Wilmington Regional Office Stormwater File
PaoP ? of 7

State Stormwater Management Systems
Permit No.SW8 981116 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STCRMWATEN 1r1ANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Teal Briar Properties, LLC
Teal Briar
Pender County
FOR THE
construction, operation and maintenance of a 30% low density subdivision with a curb outlet system in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules`) and the
approved stormwater management plans and specifications, and other supporting data as attached and on file
with and approved by the Division of Water Quality and considered a part of this permit for Teal Briar.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specific conditions and limitations:
I. DESIGN STANDARDS
The project is permitted for 160 lots, each limited to a maximum of 3,200 square feet of built -upon area,
as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may
reduce the built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage for the project must be maintained at 30%, per the
requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and
are enforceable parts of the permit.
4. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved
plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and
maintain a dense vegetated cover.
5. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an
impervious surface such as a road or under driveways to provide access to lots.
6. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be
vegetated with side slopes no steeper than 3:1 (H:V).

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SWS g8111 4
2. Permit Holder's name: L.1'N- G IIJG.
3. Signing official's name: Title: _'flMitswT
(person legally responsible for permit)
4. Mailing address: IsWlla 1nflQ,tbTI3WkJ1fi Ayres City_ 1ALW1k6TCt-4
State: NG ZipCode:c2Phone: L4111039-,-?aol FAX: (glO)350-ow O
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
1. This request is for: (please check all that apply)
✓ a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain): 1 X
2. New owner's name to be put on permit:
3. New owner's signing official's name and
4. New Mailing Address: 156192 Phone: Td`24 4E13)
d I, iI ARM City
State: 9: ��t�4,nl�,rC��►
/Zip Code:247 FAX_ Q lU fLU�(�
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on perms , V,)�io.r
Page 1 of 2
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.ennstate.naus N �:: rthCarolma
An Eaual 0oportunity/Affirmative Action Employer- 50% Recycled!?4% Post Consumer Pacer �^ s^ //a:

III. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or afterevery
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance proced s listed above, 1 agree to notify DWQ of any problems with the system or prior to any
changes to the sy; 'n r responsible party.1
Print Name and
2!�e
is
s
Date: i 7 I (z I os— Y
'fQ3
Note:�identVo4esub
onsibl�arty should not be a homeowners association unless more than 50% of the lots have been sold and a
division has been named the president.
I, a Notary Public for the State of 1V , County of
6 do hereby certify that I VJ �+ ���` personally appeared before me this
day of�,. , 2Qt, and acknowledge the due execution of the forgoing infiltration basin maintenance
requirements. Witness my hand and official seal,
SEAL My commission expires 1 "
Form SWU-105 Ver 3.99 Page 3 of 3

Compliance Inspection Report
Permit: SW8981116 Effective: 04/07/00 Expiration:
County: Pender
Region: Wilmington
Contact Person: Bert Exum Title: President
Directions to Project:
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Long Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 11/06/2012 Entry Time: 01:30 PM
Primary Inspector: David W Cox
Secondary Inspectnr(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Owner: Landmark Developers Inc
Project: Teal Briar Subdivision
Exit Time: 02:15 PM
Phone: [phone]
Phone: [phone]
Inspection Type: Compliance Evaluation
Page: 1

Permit: SW8981116 Owner - Project: Landmark Developers Inc
Inspection Date: 11/0612012 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Please provide this office with a copy of the restrictive covenants within 30 days of receipt of this report.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: This office never was sent a copy of the restrictive covenants after Teal
Briar Properties, LLC took over all permitting in 2001
Yes No NA NE
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ®❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ 12 ❑
upon request?
Comment: A few swales within the subdivision are overgrown but overall most of the
curb outlet swales were in good shape.
Page: 2

StA-te of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
Mr. Christopher Stephens, President
Landmark Developers, Inc.
5022 Wrightsville Ave.
Wilmington, NC 28403
Dear Mr. Stephens:
P4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 7, 2000
Subject: Permit No. SW8 981116 Modification
Teal Briar
Low Density Subdivision Stormwater Permit
Pender County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Teal Briar
on April 4, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW8 981116 Modification, dated April 7, 2000, for the construction of the project Teal Briar.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Noelle
Lutheran or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/nml: S:\WQS\STORMWAT\PERMIT\981116.APR
cc: Charles Cazier
Rodney Scruggs, Pender County Inspections
D.R.Huffman, NCDOT Division 3, District 1
Wilmington Regional Office
Central Files
Noelle Lutheran
127 Cardinal Dr. Eat., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No.SW8 981116 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Landmark Developers, Inc.
Teal Briar
Pender County
FOR THE
construction, operation and maintenance of a 30% low density subdivision with a curb outlet system in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules ") and the approved
stormwater management plans and specifications, and other supporting data as attached and on file with and
approved by the Division of Water Quality and considered a part of this permit for Teal Briar.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
I. DESIGN STANDARDS
1. The project is permitted for 160 lots, each limited to a maximum of 3,200 square feet of built -upon area, as
defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the
built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage for the prof ect must be maintained at 3 0%, per the requirements
of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by r-pference and are
enforceable parts of the permit.
4. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved plan
must be maintained at a minimum of 100' long with 5:1 (H: V) side slopes or flatter, have a longitudinal
slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a
dense vegetated cover.
5. No piping shall be allowed except those minimum amounts necessary to direct runoffbeneath an impervious
surface such as a road or under driveways to provide access to lots.
6. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated
with side slopes no steeper than 3:1 (H:V).
2

State Stormwater Management Systems
Permit No.SW8 981116 Modification
II. SCHEDULE OF COMPLIANCE
1. Curb outlet swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior 4EG the construction of any built -upon surface, per the approved plans
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other
vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
C. Maintenance of side slopes in accordance with approved plans and specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism..
4. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
5. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the
Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, at a minimum, the
following statements related to stormwater management:
a. "The allowable built -upon area per lot is 3,200 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, and coquina, but does not include raised,
open wood decking, or the water surface of swimming pools."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
C. "Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is prohibited by any persons."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC."
"Filling in, piping or altering any designated 5:1 curb outlet,swale associated with the development
is prohibited by any persons."
f. "A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water
line of surface waters."
6. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording
7. The permittee must certify in writing that the proj ect's stormwater controls, and impervious surfaces have
been constructed within substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification. The permittee shall submit Certification to the
Division within 30 days of completion of the project.

State Stormwater Management Systems
Permit No.SW8 981116 Modification
8. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
9. Fach lot in the subdivision covered by this permit will maintain a minimum 30.foot wide vegetative buffer
between all impervious areas and surface waters.
10. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made.
11. The following items will require a modification to the permit. Revised plans, specifications and calculations
must be permitted prior to the permittee beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition or sale of the project area. The project area is defined as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, piping, or altering any vegetative conveyance shown on the approved plan.
12. The Director may determine that other revisions to the project should require a modification to the permit.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance, or termination does not stay any permit condition.
4. 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 as allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina
General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted to the
Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will be considered on
its merits, and may or may not be approved.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state and federal)
which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must
be submitted.
4

State Stormwater Management Systems
Permit No.SW8 981116 Modification
7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes
of inspecting the stormwater control system and it's components.
The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days of
moving.
Permit issued this the 7th day of April, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-------------
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 981116 Modification

Date Received
Fee Paid
a
Permit Number
U -Z -
%3
stus 11318Co HCV
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Landmark Do to ers Inc.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Christo her St0hens President
3. Mailing Address for person listed in item 2 above:
5 022 Wrightsville Ave.
City: MWmW&n State: NC Zip: 28403
Telephone Number: 910-392-7201
4. Project Name (subdivision, facility, or establishment name —should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Teal Briar
5. Location of Project (street address):
intersection of SR 1216 & SR 1343
City: BgWaw County: Pender
6. Directions to project (from nearest major intersection):
Hwy 53 To SR 1343 East to intersection with SR 1216
7. Latitude : N 340 32' 30" Longitude: W 770 57' 30" of project
8. Contact person who can answer questions about the project:
Name: Charles Cazier Telephone Number: 910-763-5100
II. PERMIT INFORMATION:
1. Specify whether project is (check one)
New
Renewal x Modification
Form SW-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list
The existing permit number SW8 981116 and its issue date (if known) 4/19/99
3. Specify the type of project (check one):
x Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements "check applicable blanks):
CAMA Major x Sedimentation/Erosion Control 404//401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
M. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
stormwater will be handled by 5:1 swales with a minimum length of 100 feet.
2. Stormwater runoff from this project drains to the
Cape Fear
River basin.
3. Total Project Area: 66.17 acres
4. Project Built Upon Area:
27.64 %.
How many drainage basins does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Infortna%n
Drains& Basin a
Dra nags i;Ka 2
Receiving Stream Name
Long Creek
Receiving Stream Class
C-SW
Drainage Basin Area
66.17 ac
Existing Impervious * Area
-
Proposed Impervious * Area
18.29 ac
% Impervious* Area (total)
27.64 ac
Impervious " Surface Area
DraE,la,;:iL;a in 1
Drainage basin 2
On -site Buildings
512,000 sf
On -site Streets
229,084 sf
On -site Parking
-
On -site Sidewalks
55,683 sf
Other on -site
-
Off -site
-
Total:
E=796,772 sf
E=
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking
areas sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off -site impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number SW8 981116 as issued by the Division of Water Quality These covenants may
not be changed or deleted without the consent of the State.
2. No more than _3200 square feet of any lot shall be covered by structures of impervious materials.
Impervious materials include asphalt, gravel, concrete, brick stone, slate or similar material but do not include wood
decking or the water surface ofswimmingpools.
3. Swales shall not be filled in, piped or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior
to construction.
5. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, 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 State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
Form SWU-102
Form SWU-103
Form SWU-104
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off -Site System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required inforrr-a,tion by initialing in *.he space
provided next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number and date
Mean high water line
Dimensioned property/project boundary
Location map with named streets or NCSR numbers
Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, drainage features, collection systems, and stormwater control measures
Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Tripp Er_ginee ' P.C.
Mailing Address: 419 Chestnut Street
City: Wilmington State: NC Zip: _2840
Phone: [phone] Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name ofperson listed in General Information, item 2) Christo homer Stephens
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the prof ect onstructed in conformance with the approved plans, that the required deed restrictions
and protective ov is '11 that the proposed project complies with the requirements of 15A
NCAC 2H . 00.
Signature: 4 Date: �© --Z 7 —2
Form SWU-101 Version 3.99 Page 4 of 4

TE 99037
Permit No. )13 d
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PER -NUT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC2H .1005 through .1007.
I. PROJECT INFORMATION (please complete the following information):
Project Name:
Contact Person: Charles Cazier Phone Number: 910 _763-5100
3d
Number of Lots: 160 Allowable Built Upon Area Per Lot*:sf ,
* If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon
area for each lot. The attachment must include the project name, phase, page numbers and provide area
subtotals and totals.
H. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area — the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor — the appropriate percent built upon area divided by 100.
• RA Road Area — the total impervious surface occupied by roadways.
• OA Other Area — the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots — the total number of lots in the subdivision.
• BUA/Lot — the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2

SW8 981116
Calculation:
(SA x DF)- RA- OA = BUA
No. Lots Lot
.30 (2,882,496 sf) — 229,084 sf — 55,683 sf = 3,624.89 sf/Lot
160
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent in the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
CW d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2

TE 99037
Permit No. 4,p)
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, a
curb outlet system supplement, a low density supplement, design calculations, and plans and specifications
showing all stormwater conveyances and curb outlet details.
I. PROJECT INFORMATION
Project Name: _Teal Briar
Contact Person: Tripp Engineering, P.C. Charles Cazier) Phone Number: (910 ) 763-5100
Curb outlets to (check one): X Swale 0 Vegetated Area
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section
15A NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applic is I 'tials
Molly
a. Curb outlets direct flow to a swale or vegetated area.
b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum,
the peak flow from the 10-year storm.
c. Flow velocity is non -erosive for peak flow from the 10-year storm event.
VWT d. Longitudinal slope of the swale or vegetated area does not exceed 5%.
e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
f. Length of swale or vegetated area is > 100 feet.
° g. The system takes into account the run-off at ultimate built -out potential from all surfaces
draining to the system (delineate drainage area for each swale).
h. Swales are located in recorded drainage easements.
i. Grass type(s) for permanent vegetative cover specified on detail.
j. Swale detail provided on plans.
Form SWU-105 Ver 3.99 Page 1 of 3

SW981116
III: DESIGN INFORMATION
Complete the following table. If additional space is needed, the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual.
Table 1. Swale Design Information
Swale No.
Drainage
Area (ac)
Impervious
Area (ac)
Grassed
Area (ac)
C
Q
(cfs)
V allow
(fps)
V actual
(fps)
Flow
Depth (ft)
1
1.87
.47
1.4
.45
3.58
2.5
2.29
0.56
2
0.98
.245
.735
.45
1.87
2.5
1.95
0.44
3
0.98
.245
.735
.45
1.87
2.5
1.95
0.44
4
1.60
0.40
1.20
.45
3.06
2.5
2.21
0.53
5
1.60
0.40
1.20
.45
3.06
2.5
2.21
0.53
6
0.74
.185
1.555
.45
1.42
2.5
1.82
0.39
7
1.60
0.40
1.20
.45
2.98
2.5
2.05
0.54
8
1.50
0.375
1.125
.45
2.87
2.5
2.03
0.53
9
0.58
0.145
0.435
.45
1.11
2.5
1.71
0.36
10
0.92
0.23
0.69
.45
1.26
2.5
1.92
0.43
11
0.80
0.20
0.60
.45
1.53
2.5
1.88
0.40
12
0.80
0.20
0.60
.45
1.53
2.5
2.02
0.39
13
0.80
0.20
0.60
.45
1.53
2.5
1.85
0.41
14
0.80
0.20
0.60
.45
1.53
2.5
1.95
0.40
15
0.78
0.195
0.585
.45
1.49
2.5
2.00
0.39
16
0.78
0.195
0.585
.45
1.49
2.5
1.84
0.40
17
0.92
0.23
0.69
.45
1.26
2.5
2.01
0.42
18
0.69
0.173
0.517
.45
1.32
2.5
1.67
0.40
19
0.69
0.173
0.517
.45
1.32
2.5
1.94
0.37
20
1.03
0.26
.77
.45
1.97
2.5
1.89
0.46
21
1.03
0.26
.77
.45
1.97
2.5
2.07
0.44
22
1.09
0.27
.82
.45
2.08
2.5
1.95
0.46
23
1.09
0.27
.82
.45
2.08
2.5
2.03
0.45
24
1.60
0.40
1.20
.45
3.06
2.5
2.11
0.54
25
1.49
0.37
1.12
.45
2.85
2.5
2.08
0.52
26
1.83
0.46
1.37
.45
3.50
2.5
2.03
0.59
27
0.91
0.23
0.68
.45
1.74
2.5
1.98
0.42
28
1.81
0.45
1.36
.45
3.46
2.5
2.31
0.55
29
0.87
0.22
0.65
.45
1.66
2.5
1.99
0.41
30
1.26
0.32
0.94
.45
2.41
2.5
1.94
0.50
Form SWU-105 Ver 3.99 Page 2 of 3

IV. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at
any time.
2. Swales will be inspected monthly or 'after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales may not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
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 and Title:
Address: 502
Phone: 10
Signature:
Date: 10 "- 27 - 9
;9c.:ot,:4111—
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, Monica V. Loughlin a Notary Public for the State of North Carolina. ,County of New
Hanover_, do hereby certify that Christopher Stephens personally appeared before me this
2-1& day of October 1999 and acknowledge the due execution of the forgoing infiltration basin
maintenance requirements. Witness my hand and official seal,
A�,�VIllilLo
JA—
p%G
S
y ti'••
My commission expires ®0 101 /() 1
Form SWU-105 Ver 3.99 Page 3 of 3

FILED 02746PSO95
05 AUG 15 AM 9.- 2 7
JOYCE M. SIYICEGOOD
REGISTER OF DEEDS
PENDER COUNTY, NC
STATE OF NORTH CAROLINA
COUNTY OF PENDER
R
PREPARED BY & RETURN TO:
ALLEN, MACDONALD & DAVIS, PLLC
1508 MILITARY CUTOFF RD, STE 102
WILMINGTON, NC 28402
-110
'��'v .
P�t4 �s'ir7ce ev
6C
PROTECTIVE COVENANTS FOR
TEALBRIAR SUBDIVISION, PHASE 3
I

STATE OF NORTH CAROLINA RK 214 6 PG 0 96
COUNTY OF PENDER
PROTECTIVE COVENANTS OF
TEALBRIAR, PHASE 3
THESE PROTECTIVE COVENANTS, made this the �-tay of August, 2005, by Tealbriar
Properties, LLC, a North Carolina limited liability company, its successors and assigns, whether one
or more, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Landmark Developers, Inc., was the original Declarant of the property known
as "Tealbriar Phase I", a map of same being recorded in 33 at Page 124 of the Pender County, North
Carolina, Registry; and
WHEREAS, Landmark Developers, Inc., recorded certain protective covenants ofTealbriar
applicable to Section I, which are recorded in Book 1629 at page 265 of the Pender County, North
Carolina, Registry, (herein the "Protective Covenants"); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective Covenants, the
Declarant, or its successors and assigns, has the right to develop and annex additional land and make
the same subject to Protective Covenants by an Amendment to the Protective Covenants; and
WHEREAS, Landmark Developers, Inc., has conveyed all of its land which it owned
adjacent to Tealbriar Subdivision, Section I, to Tealbriar Properties, LLC; and
WHEREAS, Landmark Developers, Inc, has conveyed and assigned all of its rights in said
subdivision to Tealbriar Properties, I.LC, which has succeeded to all of the rights and privileges as
the Declarant under the Protective Covenants of Tealbriar Section 1; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective Covenants, the
Declarant has a right to amend the Protective Covenants in its discretion until December 31, 2016;
and
WHEREAS, the Declarant has developed additional lots lying adjacent to Phase I and
Section II of Tealbriar, which shall be known as Tealbriar Phase 3.
NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants as follows:
1. Now making subject to said Protective Covenants and annexing thereto, the following
described properties:
kBeing all of Tealbriar Phase 3, and as shown on a map thereof duly recorded in Map M 6 40
Book 40 at Pa eg 216 of the Pender County, North Carolina, Registry, reference to //'-
which map is hereby -made for a more particular description. 196 { 10
p
kt 2. Article Section 2 is amended with respect to Section 2, so that
Section 2 shall read as follows:
pen` jp Section 2. Any dwelling constructed on a Lot subject to these Protective Covenants shall
` n (�� • ii contain not less than 900 square feet of fully enclosed and heated floor space all devoted to living
t� _ V f purposes (exclusive of roofed or unroofed porches, breezeways, terraces, porches, steps, walks,
garages and any outbuildings). In computing the number of square feet allowed as provided herein,
G� J no square footage in any part of the dwelling that is constructed over a garage will be counted, unless
S it is an integral part of the living space and approved by Dcclarant.
1 ' Except as amended, the aforesaid Protective Covenants of Tealbriar Phase 1 and Phase 2,
shall be, and remain in full farce and effect.

-2746R-G097
IN WITNESS WHEREOF, Tealbriar Properties, LLC, Oe Declarant, has caused this
instrument to be executed by its'manager, all as of the day and year first above written.
By:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, LYM B. VMM , a Notary Public in and for the State and County
aforesaid, do hereby certify that JON T. VINCENT, Manager, of TEALBRIAR PROPERTIES,
LLC, personally appeared before me this date, and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and Notarial Seal, this the UWay of August, 2005.
Notary Public
My Commission Expires: 5-18—o6
NORTH CAROLINA - PEND R COUNTY: The
(or annexed) certificate of , •foregoing'
certified to be correct. Thus t
JUYCE M. SWICEG ������•
By:
�tY Register of Deeds
I /Assistant
egister of Deeds
-2-

8K2007PG026
FILED
02 DEC 12 FM 12: 53
JOYCE M. SWICEGOOD
REGISTER OF DEEDS
PERIOE.R COUNTY, NC
COVER SHEET
(Type of Document: COVENANTS FOR TEALBRTAR- RRCTION 11
Grantor: TEALBRIAR PROPERTIES, LLC
Trustee (If applicable):
Grantee:
_(Brief Description of property, if applicable):
etur
ALLEN, MACDONALD AND DAVIS
cumg/F AM SairrJba
vJ l� �a�tiJ, Al. G A 03
03A I'ity.ed
P'00$0 �
`-��er 0f ��S lit?

BK2001PG027
STATE OF NORTH CAROLINA
COUNTY OF PENDER
PROTECTIVE COVENANTS OF
TEALBRIAR, SECTION II
THESE PROTECTIVE COVENANTS, made this the —Day of November, 2002, by
Tealbriar Properties, LLC, a North Carolina limited liability company, its successors and assigns,
whether one or more, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Landmark Developers, Inc., was the original Declarant of the property known
as "Tealbriar Section I", a map of same being recorded in Map Book 33 at Page 124 of the Ponder
County, North Carolina, Registry, and
WHEREAS, Landmark Developers, Inc., recorded certainprotective covenants ofTealbriar
applicable to Section I, which are recorded in Book 1629 at page 265 of the Ponder County, North
Carolina, Registry, (herein the "Protective Covenants'); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective Covenants, the
Declarant, or its successors and assigns, has the right to develop and annex additional land and'make
the same subject to Protective Covenants by an Amendment to the Protective Covenants; and
WHEREAS, Landmark Developers, Inc., has conveyed all ofits land whichit owned adjacent
to Tealbriar Subdivision, Section I, to Tealbriar Properties, LLC; and
WHEREAS, Landmark Developers, Inc, has conveyed and assigned all of its rights in said
subdivision to Tealbriar Properties, LLC, which has succeeded to all of the rights and privileges as
the Declarant under the Protective Covenants of Tealbriar Section I; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective Covenants, the
Declarant has a right to amend the Protective Covenants in its discretion until December 31, 2016;
and
WHEREAS, the Declarant has developed additional lots lying adjacent to Section I of
Tealbriar, which shall be known as Tealbriar Section II.
NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants as follows:
1. Now making subject to said Protective Covenants and annexing thereto, the following
described properties:
Being all of Tealbriar Section 11, and as shown on a map thereofduly recorded in Map
Book 35 at Page 88 of the Ponder County, North Carolina, Registry, reference to
which map is hereby made for a more particular description.
Article 10 Section 2 is amended with respect to Section 2, so that Section 2 shall read
as follows:
Section 2. Any dwelling constructed on a Lot subject to these Protective Covenants shall
contain not less than 900 square feet of fully enclosed and heated floor space all devoted to living
purposes (exclusive of roofed or unroofed porches, breezeways, terraces, porches, steps, walks,
garages and any outbuildings). In computing the number of square feet allowed as provided herein,
no square footage in any part ofthe dwelling that is constructed over a garage will be counted, unless
it is an integral part of the living space and approved by Declarant.

BK2001PG028
Except as amended, the aforesaid Protective Covenants of Tealbriar Section 1, shall be, and
remain in full force and effect.
IN WITNESS WHEREOF, Tealbriar Properties, LLC, the Declarant, has caused this
instrument to be executed by its manager, all as of the day and jear-first above written.
By:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
LLC
I, �-�t5 •�- � !S , a Notary Public in and for the State and County
aforesaid, do hereby certifythat JONT. VINCENT, Manager, ofTEALBRIAR PROPERTIES, LLC,
personally appeared. before me this date, and aclmowledged the due execution of the foregoing
instrument.
WITNESS my hand and Notarial Seal, this they. h day of November, 2002.
F �. � ► `I .
My Commission Expires:
o
k...........
NORM CAROUNA . PMBR COUNtV; The foregoing (or annexed) aertl9cate o-
-.1..3= h r
Is certitfed to be correct. Tbia.,Q-day oP'�1 Q,
JOY Ai. $ CECOOO . p� County Register of Deeds
Rys �-
Deputy/Aaaiftt RegWer of Deeds
IPA

BK 1629PG265
STATE OF NORTH CAROLINA F i~
I�"''" PROTECTIVE COVENANTS OF
COUNTY OF PENDER
Ai) ;M 5 TEALBRIAR
SECTION 1
XE M. S1 ;CEG00D
Ri iS Er: L'r DEEDS
THESE PROTECTIVE COVENAPv'TS, made this the day of
2000, by Landmark Developers, Inc., a North Carolina corporation, its successors and assigns,
whether one or more, hereinafter referred to as "DECLARANT".
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property in Pender County,
North Carolina, which is more particularly described as TEALBRIAR, SECTION 1 in that map
recorded in _, Page J;A., of the Pender County Registry.
NOW, THEREFORE, DECLARANT hereby declares that all of the properties
described above shall be held, sold and conveyed subject to The Planned Community Act, set forth
in Chapter 47F of the North Carolina General Statutes and to the following easements, restrictions,
covenants and conditions, which are for the purpose of protecting the value and desirability of, and
which shall run with the real property and be binding on all parties having any right, title, or interest
in the described properties or any part thereof, their heirs, successors and aJs. gns and shall inure to
the benefit of each Owner thereof. t
ce � 4 ap" C
ARTICLE 1 ��d $ter o rice P�'t :i
P 8'oQd ea
C044f 4e4
Definitions
HOA, INC. Section 1. Articles shall mean the Articles of Incorporation of TEALBRIAR
Section 2. Association shall be used to mean and refer to TEALBRIAR HOA,
INC., a private non-profit corporation formed or to be formed by the DECLARANT primarily as a
Homeowners' Association for the Lot Owners in TEALBRIAR, all of whom shall be Members of
the Association.
Section 3. Bylaws means the Bylaws of TEALBRIAR HOA, INC.
Section 4. Common Elements shall mean all real property and facilities owned
by the Association for the common use and enjoyment of the Owners.
Section 5. Common Expenses means and includes actual and estimated
expenses of maintaining and operating the Common Elements, Stormwater Facilities, Conservation
and Buffer Areas and landscaped areas within road right of ways and operating the Association for
general purposes, including any insurance, reasonable reserve and utilities, as may be found
necessary and appropriate by the Executive Board pursuant to these Protective Covenants, the
Bylaws and the Articles of Incorporation of the Association, including the following:
All sums lawfully assessed by the Association against its members;
b. Expenses of administration, maintenance, repair or replacement of
the Common Elements and the stormwater system;
C. Expenses declared to be Common Expenses by the provisions of
these Protective Covenants or the Bylaws;
Association; and d. Expenses agreed by the members to be Common Expenses of the
Common Elements. e. Any ad valorem taxes and public assessments levied against the
11943 V 4

8K 1629PG277
Section 3. The Association shall be responsible to maintain the Common
Elements and facilities located upon the Common Elements, Conservation and Buffer Areas, and
areas with similar descriptions, landscaped areas within road right-of-ways, the stonnwater runoff
systems, sign easement areas, and fences or other property designated to be maintained by the
Association.
ARTICLE 9
Stormwater Retention Facilities
Tealbriar Section 1 and all future additional sections of Tealbriar which are annexed
into the Subdivision as provided herein contain certain stormwater retention facilities, the
underlying fee of which is owned by the Lot Owners as described and identified on the various
maps of the Tealbriar subdivision recorded in the Pender County Registry.
The Declarant hereby reserves unto itself and its successors and assigns the
following easements and rights in, to and over those areas identified as Stormwater Retention
Facilities as .shown and described on maps of Tealbriar Subdivision recorded in the Pender County
Registry.
1. Easement and right to control the water level and water quality and availability
in the Stormwater Retention Facilities to the level required by Stormwater Permit No. SW8981116
and any applicable modifications, revisions or additional permits required by the State of North
Carolina.
1. All easements necessary to maintain the Stormwater Retention Facilities and all
easements and areas associated therewith, in compliance with Permit No. SW8981116 and all
modifications thereto including all necessary temporary access easements for equipment and
vehicles over any lot. Declarant shall repair damage caused by use of any temporary easements.
Provided, however, the Declarant shall not be responsible for repairing any grassed or landscaped
areas nor for replacing any shrubs or trees within any Stonnwater Retention Facility which are
damaged or removed in the course of any maintenance performed within such areas. Furthermore,
the Declarant and the Association may cut and create drains and drainways both above ground and
underground for the purpose of facilitating the removal of surface water whenever such action may
appear to be necessary in order to maintain reasonable standards of health, safety and appearance
along, over or across any Lot.
2. These easements reserved herein expressly include the right to cut any trees, bushes,
shrubs or growth, the grading, cutting or ditching of the soil and any other necessary action.
3. The right to regulate the use of and access to the Stormwater Retention
Facilities by all persons and entities including Lot Owners, including right to adopt rules and
regulations binding on all Owners regarding the use and/or non-use of the Stormwater Retention
Facilities including setting forth the maintenance responsibility of the Owners. For example, the
Owners shall be responsible for maintaining that portion of the Stormwater Retention Facilities
located upon their lot which runs from the water line to the easement line as that area may fluctuate
with the rise and fall of the water level in the Stormwater Retention Facilities.
4. 4. The right to assign and transfer Permit No. SW8981116 and all modifications
thereto including all duties and responsibilities thereunder to the Association. The Association by
and through the members shall be obligated to accept transfer of the permit and its rights, duties and
obligations.
5. 5. Any fence installed by the Declarant or Builder must be maintained in its
original condition and replaced, if required, by the Lot Owner on whose property the fence is
located, except fencing incorporated into an entrance feature of the Association which shall be
maintained by the Association. Any maintenance affecting the appearance of the fence and the
replacement of the fence must be approved by the Declarant or Association. No fence installed by
Dec-1--rant rut or Builder may be removed without the watt= consent of the Dcclarant.
11943V4
13

8KI629PG278
6. The Stormwater Retention Facilities may not be used for irrigation purposes on
individual Lots.
ARTICLE 10
Restrictions on use and Occupancy
Section 1. No Lot shall be used except for single family residential purposes_ No
commercial use shall be permitted on any Lot. No structure shall be erected, placed or permitted to
remain on any Lot other than one (1) detached, single family residence dwelling not to exceed two
and one-half stories in height above floor or piling level and such outbuildings as are usually
accessory to a single family residence dwelling, including a private enclosed garage.
Section 2. Any dwelling constructed on a Lots subject to these Protective
Covenants shall contain not less than 1000 squarc feet of fully enclosed and heated floor space all
devoted to living purposes (exclusive of roofed or unroofed porches, breezeways, terraces, porches,
steps, walks, garages and any outbuildings). In computing the number of square feet allowed as
provided herein, no square footage in any part of the dwelling that is constructed over a garage will
be counted, unless it is an integral part of the living space and approved by DECLARANT.
Section 3. All Lots are subject to the State of North Carolina rules and regulations
concerning stormwater runoff as these rules and regulations are amended from time to time. These
regulations currently provide that the Lots shown on that map recorded in Map Book , Page
of the Pender County Registry will be restricted to 3200 square feet of built upon area. 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 pavements. Built
upon area includes, but is not limited to, structures, foundation; pavement; concrete; driveways,
including that portion of the driveway located within a street right-of-way, which runs from the
property line to the road pavement; and walkways or patios of brick, stone or slate, coquina and
gravel, marl or stone covered areas, not including raised, open wood decking or the water surface of
swimming pools. DECLARANT reserves the right to recalculate the maximum allowable built
upon area in accordance with the storm water runoff rules and regulations of the State of North
Carolina and the right to amend these Protective Covenants to reflect the reallocation, with the
concurrence of the Division of Water Quality. All drainage swales or drainage patterns used to
treat stormwater runoff as required by the State of North Carolina may not be filled in, piped or
changed without the consent of the DECLARANT, its designee, the Association, or the State of
North Carolina and shall be maintained as set forth in Article 8 herein. For curb and gutter projects,
no one may pipe, fill in, or alter any lot line swale used to meet North Carolina Stormwater
Management Permit requirements. A thirty foot (30') vegetated buffer must be maintained
between all built -upon area and the Mean high Water line of surface waters. The State of North
Carolina and the Town of Burgaw are hereby made a beneficiary of these Protective Covenants to
the extent necessary to enforce its stormwater runoff regulations as the same may be amended from
time to time. This paragraph cannot be changed or deleted without the consent of the State of
North Carolina.
Section 4. No swimming pool on any Lot shall be placed or constructed without
the approval of the DECLARANT or Committee and shall not be located nearer than twenty (20)
feet from the side or rear lot lines.
Section 5% No Lot or Lots shall be subdivided except to enlarge an adjoining Lot,
but any Lot so enlarged cannot be improved with more than one single family dwelling. An Owner
of a Lot and a portion or all of an adjoining and contiguous Lot or Lots may construct a dwelling
and/or other structures permitted hereunder upon and across the dividing line of such adjoining and
contiguous Lots, and thereafter such combinations of Lots or portions thereof shall be treated for all
purposes under these Protective Covenants as a single Lot.
Section 6. All Lots, including the area to the water level of the Stormwater
Facilities, shall be well maintained and no accumulation of rubbish or debris shall be permitted.
The Owners of all unbuilt upon Lots in the Subdivision shall clear their Lots of underbrush at least
one time each year. If the Owners do not clear their Lot as required by this paragraph, the
e ssociatior. shall have the audicr ty to clear any such Lot of srder'crusu and separately assess Ike.
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