Loading...
HomeMy WebLinkAboutSW8970517_CURRENT PERMIT_20211203 (2)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 °�1051-1 DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 p 21 120 3 YYYYMMDD 9 r ROY COOPER Governor ELIZABETH S. BISER BRIAN WRENN DLector December 3, 2021 NORTH CAROLINA Entvonmental Quality Northwest Business Park Owners Association, Inc. Attn: Matthew C. Ray, Vice -President 3684 C Henderson Drive Jacksonville, NC 28546 Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 970517 Northwest Business Park Onslow County Dear Mr. Ray: Effective August 1, 2013 the Post -Construction Stormwater Management Program has been transferred from the Division of Water Quality ("DWQ") to the Division of Energy, Mineral and Land Resources ("DEMLR"). All previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on November 24, 2021. The Division is hereby notifying you that permit SW8970517 has been renewed, updated, and re -issued on December 3, 2021, as attached. As requested, a copy of the current operation and maintenance agreement is also enclosed. Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until June 26, 2029, which includes all available extensions, and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov Sincerely, c_ o� Brian Wrenn, t r Division of Energy, Mineral and Land Resources ID North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources �r— Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 970517 Page 2 of 2 Enclosures: Attachment B — Master Plan Summary Attachment C — Permitting History Renewal Application Documents Copy Of the current operation and maintenance agreement & restrictive covenants DES/ams: \\\Stormwater\Pevnits & Projects\1997\970517 HD\2021 12 permit 970517 cc: Edward A. Murphy, PE, Manager, MP Jacksonville, LLC; 8009 Wolf rap Road; Dunn Loring, VA 22027 Wilmington Regional Office Stormwater File v+r North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1177 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Post -Construction Stormwater Management Permit No. SW8 970517 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 Northwest Business Park Property Owners Association, Inc. Northwest Business Park Western Blvd (SR 1470), Jacksonville, Onslow County FOR THE operation and maintenance of two wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 effective September 1, 1995 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until June 26, 2029 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 2 of this permit. Pond A has been designed to handle the runoff from 212,278 square feet (Lots 9,10,11, and 12 @85%) of impervious area, and Pond B has been designed to handle the runoff from 601,019 square feet (Lots 1-8, 13, and 14 @85%) of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans. Page 1 of 5 Post -Construction Stormwater Management Permit No. S W 8 970517 4. 5. 6. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: 0 C. d. Drainage Area, acres: Onsite, ftz: Offsite, ftz: Total Impervious Surfaces, ftz: Outparcels @85%: Design Storm, inches: Average Pond Design Depth, feet: TSS removal efficiency: Permanent Pool Elevation, FMSL: Permanent Pool Surface Area, ftz: Permitted Storage Volume, ft3: Temporary Storage Elevation, FMSL: Controlling Orifice: Permitted Forebay Volume, ft3: Fountain Horsepower, HP Receiving Stream/River Basin: Stream Index Number: Classification of Water Body: II. SCHEDULE OF COMPLIANCE 5. 25.13 1, 094,663 0 Pond A Pond 8 212,278 601,019 Lots 9,10,11,12 Lots 1-8,13,14 1 1 7 7 85% 85% 44 42.2 9,400 27,200 19,918 55,002 45.7 44 1.75"0 pipe 3.0"0 pipe 5,584 12,964 N/A N/A Mill Creek / White Oak 19-9 "SC NSW" The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Decorative spray fountains will be allowed in the stormwater treatment system if calculations are provided documenting the permeant pool volume is greater than 30,000 cubic feet. Page 2 of 5 Post -Construction Stormwater Management Permit No. SW8 970517 6. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 9. Deed Restrictions must be recorded prior to the sale of any outparcel or future area shown on the approved plans to ensure that future owners are made aware of the built -upon area limitations. The following statements must be recorded: a. "No more than eighty-five percent (85%) of the total surface area of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials." (Recorded Book 1377, Page 194) b. "Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. All permitted runoff from 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." (Recorded Book 1692, Page 0600) 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. Page 3 of 5 Post -Construction Stormwater Management Perm it No. S W 8 970517 12. 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. III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased, ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. Page 4 of 5 Post -Construction Stormwater Management Perm it No. SW8 970517 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit renewed, updated and reissued this the 3rd day of December 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1 .�&r Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Master Plan Summary - SW8 970517 February 6, 2015 t l'utR'`Drains �-C to- -Pond p " ;.OlfaltejPeimitlNo Dateilssued..AHilte,PermitiNimb,/,iBusiFeCNama � '' � - "x'�� '"lotArea Par Matter ...Plan (se latArea Per • Master Plan r Glwlated_(sfj, . lotTArea Iteportad ,.,._ ac) loth rea Re Kad sf) __ 'BS%Lot Aral (=Mar BUA 'Tool eTmitted BUA (Pond Aj Total PermlEted BUA (Pond B) Total ARorsted TOLI Future 1 B SW8 110701 8/2/2011 State Employees Credit Union - Western Blvd Office 2.69 117,176 2.69 117,207 99,626 - 99,626 61,977 37,649 2 B SW8030105 4/14/2003 The Dail Center- Lot 2, Northwest Business Park/ Batteries Plus 1.55 67,518 0.00 0 - 3 B SW9141212 2/6/2015 Splash n Dash Car Wash 1.53 66,647 1.54 66,949 56,907 - 56,907 39,550 17,357 4 1 B SWB 120812 9/28/2012 Lot 4 North West Business Park 1.50 65,3401 1.51 65,6811 55,829 55,828 53,747 2,081 5 B NAPA Auto Parts 1.13 49,223 0.00 D 6 B SW8000428 5/16/2000 Lot 6 Northwest Business Park 1.00 43,560 0.76 33,069 28,109 7 B Children's Castle Child Care 1.13 49,223 0.00 0 8' B SW8 970517.05.001' 8/20/2009 Lot 8 Northwest Business Park' 1.13 49,223 1.12 48,787 41,469 41,469 35,827 5,642 9 A SW8010432 6/20/2001 The Shepard's Shoppe - Lot 9 Northwest Business Park 1.04 45,302 0.00 0 - 10 A 2.04 88,862 0.00 0 11 A SW8060536 8/4/2006 TownPlacerth Suites (Lots 11, 12 & 13 Northwest Business Park) 0.94 40,946 2.34 101,773 86,507 59,525 59,525 0 12 A 0.95 41,382 0.00 0 13 a 1.20 52,272 0.00 0 14 B I SW8060639 8/21/2005 Lot 14 Northwest Buisness Park 1 0.941 40,9461 0.951 41,3301 35,1311 35,1311 35,131 0 'Permitted through City of Jacksonville Total Permitted for Pond for Lots (sff: 59,525 288,961 Total Permitted for Pond for Lots (Max Allowed) (sf): 212,278 601,019 Total Permitted for Lots(sf): 348,486 Attachment C - Permitting History Northwest Business Park Permit No. SW8 970517 Approval Permit Action BIM9 Description of the Changes Date Version 6/26/1997 Original Approval 1.0 5/21/2009 Renewal 2.0 Correction: renewal permit dated May 21, 2009 contained an error. It did not require deed restrictions to be recorded as the original June 26, 1997 permit required. Deed restrictions were recorded on June 19, 8/2/201 I Correction/ Plan 2.1 1997 (beginning on BK1388 PG187) and Revision were amended on March 26, 2001 (beginning on BK1692 PG0599). The recorded statements have been added back to the permit text. Revision: creating the attached impervious area summary table 12/3/2021 Renewal 3.0 Expires June 26, 2029 Permit Number: SW8 970517 (to be rovidgd ¢Y DWQ) Drainage Area Number: Pond A. Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided' C� This system (check one): NOV 2 6 2008 ❑ does © does not incorporate a vegetated filter at the outlet:V- uA. This system (check one): ❑ does x® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be rninirnized 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: Potentialproblem: How I will remediate theproblem: The entire BMP Trash debris is present. Remove the trash debris. The perimeter of the wet detention basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide time and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of I long. approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.3 Page 1 of 4 Permit Number: SW8 970517 BMP element: The inlet device: pipe or Swale The forebay The vegetated The main treatment area (to be provided by DWQ) Drainage Area Number: Pond - "A" pipe is The pipe is cracked or otherwise damaged. Erosion is occurring in the swale. to a depth greater than the original design depth for sediment storage. Erosion has occurred. Weeds are present. Best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or dying. Weeds are present. Sediment has accumulated to a depth greater than the original design sediment storage depth. Algal growth covers over 50% of the area. Cattails, phragmites or other invasive plants cover 50% of the basin surface. How I will remediate the probl Unclog the pipe. Dispose of the sediment off -site. Replace the pipe. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Prune according to best professional practices Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Consult a professional to remove and control the algal growth. Remove the plants by wiping them with pesticide (do not spray). Form SW401-Wet Detention Basin O&M-Rev.3 Page 2 of 4 Permit Number: SW8 970517 (to be provided by DWQ) Drainage Area Number: Pond "A!' AMP element: Potentialproblem: How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5.25 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 3.75 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 44.00 40.25 I Pe anen Pool ---------- - Volume Sediment Removal Elevation 38.75 Volume 39.00 ------ _ ft Min. Sediment Bottom Elevation 37. 00 1-ft r Storage Sedimei Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M-Rev.3 Page 3 of 4 Permit Number: SW8 970517 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Projectname: Northwest Business Park BMP drainage area number: Print name: Royce Bennett President Address: 2820 Henderson Drive Jacksonville, NC 28546 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 theS to of o�sde� C'olunTy of , do hereby certify that personally appeared before me this 1:;*() day of Jove ->7/'O— aAX9 and acknowledge the due execution of the forgoing wet detention basin seal, / t if j-, QGf, A O'pvF� HN�F9 �'•• e: y L; •'•�0il ' •..... •••' J��.•'� O W Gp SEAL My commission expires 12/a�% requirements. Witness my hand and official Form SW401-Wet Detention Basin O&M-Rev.3 Page 4 of 4 Permit Number: SW8 970517 (to be provided bW DWQ) Drainage Area Number: Pond "B ' Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does E4 does not This system (check one): ❑ does xj does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be 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 roblem: How I will remediate the roblem: The entire BMP The perimeter of the wet detention basin Trash debris s resent. Areas of bare soil and/or erosive gullies have formed. Remove the trash/debr s. Regrade the soil if necessary to remove the gully, and then plant a and ground cover and water until it is established. lime and a onfertilizer application. Vegetation is too short or too I ---approximately Maintain vegetation at a height of six inches. Form SW401-Wet Detention Basin O&M-Rev.3 Page 1 of 4 Permit Number: SW8 970517 (ro be provided by DIVA) Drainage Area Number: pond "B" BMP element: Potentialproblem: How I will remediate the roblem: The inlet device: pipe or Swale The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Swale. Regrade the Swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the Elants rather than s ra in . The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying• problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than s ra in . the main treatment area Sediment has accumulated to Search for the source of the a depth greater than the original design sediment sediment and remedy the problem if possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other invasive plants cover 50 % of the basin surface. Remove the plants by wiping them with pesticide (do not spray). Form S W401-Wet Detention Basin O&M-Rev.3 Page 2 or 4 Permit Number: SW8 970517 (to be provided by DWQ) Drainage Area Number: Pond "B" BMP element: Potentialproblem; How I will remediate theproblem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5.25 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 4.58 feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM ill in the blanks) Permanent Pool Elevation 42.20 37.62 i Pe anen Pool -------- - Volume Sediment Removal Elevation36.95 Volume 36.10 ftMin. Sediment Bottom Elevation 35.20 1-ft n Storage Sedimer FOREBAY Storage MAIN POND Form S W401-Wet Detention Basin O&M-Rev3 Page 3 of 4 Permit Number: SW8 970517 (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Projectname: Northwest Business Park BMP drainage area number: Print President lie 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. �'lehe /j a Notary Public for the State of �Or>Lh �ltim�%rrGt County of_ {?n l� % , do hereby certify that Personally appeared before me this �1�! day o F Ak dem%j o(ej r , and acknowledge the due execution of the forgoing //��wet detention basin �mmainpttenance requirements. Witness my hand and official seal, //,//14.1 //, D, Zi., , /5, . ssuueee,,er,I 0 ,9 �ejen Ilisp SEAL My commission expires o 61";g Form S W401-Wet Detention Basin O&M-Rev.3 Page 4 of 4 DEMLR USE ONLY Date R Ceiv Fee Paid Permit Number tI r it r;53 — Sw's 7051 INC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION ff''�/] /� —7 1. State Stormwater� Permit Number: k)l 3 q jo �1 / 2. Project name: NOr� h tt)IIP_S� �Bu6i ✓ler5 Perk 3. Project street address: kfyf-4 i webs - (4 �k✓ ) �iI✓1 �n1�� City: I -0-c—Lyiyi I i County: Qn51 D W ZIP : aP 5L46 4. What, if any, changes have been made to the project as permitted? rC;)rlf, If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy- m i nera I-land-resources/energy-m i ne ra I -la n d-rules/sto rmwate r-prog ra m/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land- resources/enerav-mineral-land-rules/stormwater-program/post-construction. State StormwaterPermits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: NDr4_huJP944-8Q51 C)Wyfe� 2. Signing Official's Name: `' r Ilt-- — 3. Signing Official's Title: 1 t ce — Pres I er-�f 4. Mailing Address: -2�,(DSO G {+er)G{er5Dn �✓ City: Jackson-) 112 State: NG ZIP: aFSSt}� 5. Street Address: �)CWt-)R GLS Ck-)1�)`lP City: State: ZIP 6. Phone: (Ct lD ) 3S 6-&bZO Email: 1�.-t-} i , r_0tq ?rUPPJ-4 es• NOV 2 4 P02, Slormwaler Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each Item below to Indicate that the required Information Is provided In the application package: rIN1` /1. A permit application processing fee of $505.00 payable to NCDEQ. _V 2. One original si ned hard co and one electronic co of this completed form. The signing official ✓9 PY PY P 9 9 J- J3. k/4 named on this application to represent the current permittee must meet one of the following: a. Corporation - a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) - a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity - a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership - the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a - e above authorizing the signature of another entity. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. O&M Agreements, Please select one: *Asti r Pkn-ce 5ek-d r`� r6,GV-e ( Pt1&ZV & ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to cvsel, keep this on file with the permit; or I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. / 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or The project has not yet been built. /6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 17. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration 4tb. NOV 14 2021 Slormwaler Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION I, /!�/4 fl��ifL� the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Signature: Date: NOTARIZATION: (� -.Q ��/�•o a Notary Public for the State of County of do hereby certify execution of the for o'n ss my hand and official seal, TE RI AR NEe ONES s IC ONSLOW COUNTY STATE OF�Z CA OLIN My commission expires�f personally appeared before me and acknowledge the due NOV p 4 2021 i Stormwaler Permit Renewal Application Form Page 3 of 3 May 11, 2018 • :t'i'(,. :sir ✓}:: i?�i.a c: 'a k 'tC�l� Rar. Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM OFF -SITE SYSTEM SUPPLEMENT FOR DEVELOPMENT DRAINING TO PERMITTED OFF -SITE TREATMENT SYSTEMS This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an off -site system supplement for each off -site stormwater treatment system, appropriate supplement forms for any on -site stormwater treatment systems, and plans and specifications showing all stormwater conveyances and drainage details for the project. I. PROJECT INFORMATION Project Name : Contact Person: ma,r it I , /- �y� i1 + [ Phone Number: 39 7- Z61 Zg Is all drainage from the project directed to the off -site system? (check one): ❑ Yes ❑ No II. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system that will treat runoff from your project): Permit No. 5u, 8 9 f105 1rl Project Name: �`o�lFnwe SE t3�S;neSS 'icx-r-� Type of System (wet pond, infiltration basin, etc.): vie-± Bonn Lot No. (if part of a subdivision): ,- How much built upon area draining to the permitted treatment system has been allocated to this project? q 5%to o-�- 11 �� Zorl SF = `i9, G ZCo e-p MA,c Pose-) t3t� Fail t-oT a-.. III. REQUIRED ITEMS CHECKLIST Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the spare provided to indicate that the following 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. --7j=U C-F VED L 0 7 2011 Form SW401-Off-Site System-Rev.l Page I of 2--- m ,Y i Ap�cants Initials M"z.A— a. Deed restrictions limiting the built -upon area on the site have been recorded. b. Engineers certification for the existing off -site system has been submitted to DWQ. hA-7 A-- c. There are no outstanding Notices of Violation for the off -site system. d. Off -site system is in compliance with the issued permit. IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS Mowing will be accomplished as needed according_ to the season. Grass height will not exceed six inches at any time. 2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and ditches will be reseeded or sodded following sediment removal. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as needed based on monthly inspections. 4. The collection system, including 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. 5. The collection system may not be altered in any way without prior approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the five 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 Vi Note: The legally respon;�fffe party shoulzr9t 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, e"r /YI V /N e -,a Notary Public for the State of NO &TI4 ,ek County of �JN s16 ru , do hereby certify that ?=S!6Ge. 'RQ__n n e_- personally appeared before me this day of ti%poi/ and acknowledge the due execution of the forgoing document including the stortiiwater collection system maintenance requirements. Witness my hand and official seal, j-,&_0FF1Q0LSM EVA M.VME�Li t �I ttetvY Fuh061mCN1� CommlWalE L 0 JU 7 2011 .tpa/^ o.� Notary Public c By SEAL My commission expires 0�1 /o Y/_10 / 2� Form SWU-106 Rev 8.07 Page 2 of 2 I 08/16/2007 07:56 910-346-1210 JOHN PIERCE SURVEYOR PAGE 04 Project Name: Stormwater Permit No.: Designer's Certification as a dui Registered Professional Engineer in the State orNorth Carolina, having been authorized to observe (periodically/weekly/full time I Me construction of the project' �D TR A7e,�,r �t7C _(Project) hereby state that to the h of ny abilit due core and diligence was used in the observation of the ,, project construction ch th t the c struco n was observed to be built within substantial comttlihn' - a intent of the sour ed nlan. ao nsne Signature/ �L/ Registration Number _ Z t =_ Date W26 - \ Certification Requirements: 2r�Y.The drainage area to tho system contains approximately the Pp y permitted acreage. 4! QL ,The drainage area to the system contains no more than the permitted amount of built upon area, ��AII the built -upon area associated with the project is graded such that the runoff drains to the system. �d.All roof drains are located such that the runoff is directed into the system. /7&_111'Thc outlet/bypass struct,m elevations are per the approved plan. a4Lt.6.The outlet structure is located per the approved plans. P111--fTrash rack is provided on the outlet.Mypass structure. DrdZg.All slopes arc grassed with permanent vegetation. 1117 u' Vegetated slopes are no steeper than 3:1. MAY 0 1 2009 (WA The inlets are located per the approved plans and do not cause short-circuiting of the system. I.The permitted amounts of surface area and/or volume have been provided. 2.Required drawdnwn devices are correctly sized per the approved plans. F,2i1J/411 required design depts are provided. 4.All required parts of the system are provided, such as a vegetated shelf. and a forebay. DZM—t 5.The required system dimensions are provided Per the approved plans. (Page 1 of 11) 0o c rMa:._...y u A BOON H77pw 187 STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1997 JUN 19 iN 9: 35 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION is made this thelitday of May, 1997, by The rd L. Rey Irrevocable Trust dated January 28, 1994, and ONSLOW TORS, L.L.C., a North Carolina limited liability company nafter referred to as "Declarants." W I T N E S S E T H: // %IN EAS, the Declarant are the owners of certain real property i�l,e rj dim title I of this Declaration, and are desirous of subj tinq gaid re I�-)Ot"erty to the protective and restrictive covens a erei teforth, each and all of which are for the benefit of a}:s ro o qC or each owner thereof, and shall P 1` inure to benefi o an pas. -run with said property, and each and every lot or p Ec\el `tom of, Je d shall apply to and bind the successors in interest �d41\-any 01 0 thereoft and further shall be for the benefit end enPorcoabl y t S t f North Carolina. NOW, THEREFORE, the Dealer to h r re that the real property described and referred to in- Ole roof is and shall bs held, transferred, sold, conveyed e .as to a p tact ve and restrictive covenants set forth below: ARTICLE I PROPERTY The real property which is and shall be held, transferred, sold and conveyed subject to the protective and restrictive covenants set forth herein is located in Jacksonville Township, Onelow County, North Carolina, and is more particularly described as follows: Being all of Lot 1 and Lot a as shown on a map entitled, "Recombination Survey Prepared For ONSLOW INVESTORS, LLC a DEBRA R. RAY, TRUSTEE" dated Ilay 21, 1997, revised May 28, 1997 prepared by John L. Pierce - Surveying and recorded in Nap Book 34, Page 232, Slide J-499, of the Onslow County Registry. Said property also being described as all of Northwest Business Park as shown on the cap attached haroto OO Exhibit W. eook:1317,Page:187 (Page 2 of 11) •r BOOK-4377PAGE 188 ARTICLE II I DBFINITIONS Bastion 1. "Association" shall mean and refer to Northwest Business Park Property Owners' Association, Inc., a non-profit' corporation formed pursuant to the requirements set forth the North . Carolina General statues, its successors and assigns. section a. "Owner" shell mean and refer to the record owner, ether one or more persons or entities, of a fee simple title to an Lot which Is a part of the Properties, including contract 7 eller , ut excluding those having such interest merely as sea it for the performance of an obligation. "PropertieB" shall mean and refer to that certain rea}\- rope h einbefore described, and such additions thereto as may ter b bou ht within the jurisdiction of the Association. n Areas" shall mean all real property (including the In Ban t r o) owned by the Association for the common use an -enj nt wners. The Common Area to be owned by the Associati at he time conveyance of the first • lot is described as follows Detention Ponds ae hat certain map entitled "Northwest Business Park", aGEacheggqT etD s Exhibit "A" and sign Easement areas no shown on� e$I _map �� Section 5. "Lot" shall mean and rexe��)(1GL) of land shown upon any recorded subdivision map of the,Yropor " with the exception of the Common Area and sign Eaeemen�ar a on said map. Section 6. "Declarants" shall mean and refer to e R on d L. Ray Irrevocable Trust, dated January 28, 1996 and slo Investors, L.L.C., their successors and assigns. i ARTICLE III , PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment, Every owner shall have a right and easement of enjoyment in and to the Common • Area which shall be appurtenant to and shall pans with the title to every lot, subject to the following provisionst Y 3 Book: 1377,Page: 187 (Page 3 of 11) soar 1377PAGi 189 (a) The right of the Association to suspend the voting rights of an Owner for any period during' which any assessment against his Lot remains unpaid. (b) The right of the Association to dedicate or transfer all, or any portion of the Common Area, for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shell be agreed to by the members, individually. No such dedication or transfer shall be effective unless agreed to by Tuo-Thirds (2/3) of the members voting on the / s me at a duly call meeting for that purpose, and a certificate / signed by the secretary of the meeting is recorded indicating the app val. ARTICLE IV. MEMBERSHIP AND VOTING RIGHTS ,J,Ever,y\ Owner of a Lot which is subject to assess an an Abe "ember of the Association: Membership shall be appurtena'. Lot which is Section 2. a As 6cia ion, membership who shall be e, one vote for each Lot owns\d,� ,t/ or interest in any Lot, all such p e for such Lot shell be exercised as separated from ownership of any l have one class of voting Owners shall be entitled to person holds and . The vote in no event shall more that one vote be cast with rb —to"Oy t. ARTICLE-V. O COVENANT FOR MAINTENANCE ASSESSME Section 1. Assessments. The Declarants, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association( (1) annual assessments or charges, and (2) special assessmento for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessnents, together with interest, costs, and reasonable attorneys fees, shall be a charge of tho land and shall ba a Book:1377,Page:107 (Page G of 11) f `s00K 1377PAGE 190 continuing lien upon the property against which each 'such aaseenments is made. Each such assessment, together with interest, coats, and reasonable attorneys fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pees to his successors in title unless expressly assumed by them. Section 2. Purnone of Assessment. The assessments levied by tthee Association shall be used exclusively for operation, _ ptoee v tion and maintenance of the Common Area. th /l� i (aj Byrom end after January 1 of the year immediately f�l104 t4 nveMnce of the first Lot to an owner, Max mum Annual Assesamente, Until January 1 of .y -immediately following the conveyance of the first Lot to en er, the ximum annual assessments shall be ONE HUNDRED AND NO/� 8 8100.00) per Lot. the maximum each year not more than 81 above the maxi um a ed�ent fo heprevious year without a vote of membership. (b) Prom ft J uary 1 oP the year immediately following the convey e o /Jt Pir Lot to an Owner, the maximum annual assessment may b\5�����na�ea ed a Sy i�y a vote of two-thirds (]/]) of the members who are votfng/in eon or by proxy, at a meeting duly called for this purpo' e. (c) The Board of Directors may x the son elf assessment at an amount not to exceed the maximum. V Section 4. special Assessments for capital Imarovem In addition to the annual assessments authorised above, Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in port, the cost of any construction, reconstruction, repair or replacement or capital improvements upon the common Area, including fixture and personal property related thereto, provided that any such assessments shall have the assent of two-thirds (2/3) of the votes of the members who are voting in person, or by proxy at a meeting duly called for this purpose. ........_.: m'.. ora..,...�......:....+...w�..+..wwv..+..,cw..aw...aww«or�^v, Book:1317,Page:187 (Page 5 of 11) BOOK ] 377PAGE 191 section 5. Notice and ouorum for Any Action Authorized Under Section 3 and A. written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less that 30 days nor more than 60 days in advance of meeting. At the first such meeting called, the presence of members of proxies entitled to cast sixty percent (60%) of all the votes shall constitute a quorum. If the required quorums not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meting shall be one-half (1/3) of the required quorum at the preceding meeting. No such subsequent meeting shall be hold more the sixty (60) days following the preceding meeting. Uniform Rate of Assessment. Both annual an e�psci _""8e1 ments must be fixed at a uniform rate for all Lots end- �y 2bg/arll cted-og a monthly basis. Seat 9�JU9Ilfement of Annual'ABsonamenta: Due Dates, The a ee me(nn�t \\lprovided for herein shall commence as to all Lot own d o Je u 1 1998. The Board of Directors shall fix the smoun of tp r(nZia \¢sessmente against each Lot at least thirty (30) days S ddaance f each annual assessment period. Written notice of the ann 1 a sees n an be sent to every Owner subject thereto. The due at s h tablished by the Board of Directors. The Associatl a , u n demand, and for a reasonable charge, furnish a certifica a ei a officer of the Association setting forth whether a gases an a a a specified Lot have been paid. A properly execu ad or ificata of the Association as to the statues of assessments on Lot is binding upon the Association as of the date of its issuance. Section a. Effect of Nonggyment of Assessmenta: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interost from the due dote at the I rate of twelve (17) percent per annum. The Association may bring an action at law against the Omer poreonally obligated to pay the came, or foreclose the lion against thm property. t)o 0ynor may 7 . waivo or othornioe escape liability for tho eoeaeemente providod i i A Book:1377,Page:187 (Page 6 of 11) aooK 1377pw 192 for herein by non-use of the Common Area or abandonment of his Lot. Section 9. subordination of the lien to mortgagee.. ' The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However the sale or transfer of any Lot pursuant to mortgage foreclosure of any Aroaeedinq in lieu 'thereof, shall extinguish the lien of such aeae amens as to payments which became due prior to such sale or sf No sale or transfer shall relieve such Lot from G liabi} t�r any assessments thereafter becoming due or from the It d all the l/ k sponsibility of Northwest Business Park Property Owner • pa 1 1 n ((t� \\,1maintain and operate the wet detention ponds. the n a a 1 checked after all rainfall i events to insure the ! llowi ge (1) orifice is free ris herf of or each rainfall). (2) The vegetation filte i re iniq stable (monthly). (3) The ponds side slopes ar rem n —0 stable (monthly). (4) Inspect and clean out catch ins (m nt ly'. \ When the sediment a pond reaches a 1 al f fe t then it shall be responsibility of the Northwest Busin as P (ko rrty Owners' Association to have the sediment removed. thpT nd a used as a sediment basin during construction if shou �VZhavQ/ery� accumulated sediment removed and restored to design specifics on. Ponds should be checked twice annually in April and November. Iti is the future responsibility of the owner to maintain the side slope and the vegetative filter. This shall include the followings () Moving the side -elopes and vegetative filter when the vegetation reached a height of a inches. The vegetation shall never be mowed to less that 4 inches. (2) The owner will seed the side -elopes and vegetative filter as needed. (As soon as erosion is visible/noticeable). (3) The owner will repair the aide -slopes and the vegetative Book: 1377, Page: 187 (Page 7 of 11) 6 I eoox 1377PAGE 193 filter after any rain event which causes erosion of the side -elopes or vegetative filter. (4) The owner shall inspect catch basins weekly during construction. (5) No lees than monthly, the owner shell pump out oil collection areas (catch basins) and disposo of properly to on authorized recycling firm. The Declarants may at this discretion form a utility and �harge for stormwater disposal. USE RESTRICTIONS Land Use, No Lot shall be used except as the City of Jacksonville Boning Ordinance. / /� ,irementa. No building shall be ,at nears than the setback lines as shown on the recorded In the event any owner of more that one adja ant of om as said lots into one lot, the side setback requireme` all hpyly only perimeter of the combined lot; h(1 1 line of any lot which line is not also' combined lots. Section 4. Nuisance Prohibited activity shall be carried on upon any lot, done thereon which may or may become an ai the area. to the line marking the o l py to the side lot etor line of the be to Section S. Easements. Easements for access, installation and maintenance of utilities, drainage facilities, and common area are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water though drainage channels in the easements or access to the Common Area. The easement area of each lot and all improvenento in it shall be maintained continuously by the Book:1377,Page:187 (page 8 of 11) nox 1.377PAGE 194 owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section e. Mobile Homes a Temporary structures. No structure of a temporary Character, trailer, basement, tent, shack, garage, • barn or other outbuilding shall be used on any lot ant any time as .I a residence, office or business, either temporarily or permanently. No trailer, mobile home, Camper or'like vehicle shall be parked on •� an lot at for any purpose, except during the construction of a ran et b ilding for a period not to exceed six months. stormwater Runoff. No more that eighty-five /g ( et) of the total surface area of any lot shall be covered 6j ath�Ct%u nd/or paved surfaces, including walkways or patios of ick(, dto�, elate or similar materiels. This covenant is intends to ure/ �c tined compliance with stormwater runoff rules adopt: tMe,ata a No - Carolina and therefore benefits may be enforced t)yCll/the �(agte� p�f-M . h Carolina. /. \ Section 1. ED2lrr� he Coi/nsion, the State of North Carolina or any Owner, Shall ha�e/r -t enforce, by any proceeding at law or in equity, a -! es i i s, co ditione, covenanter reservations, liana and charge nov or reeLCar imposed , by the provisions of this Declaration either t res �i)ivlo tion or recover damages., Failure by the Association, \\t6 atq�f N '\ Carolina, or by an owner to enforce any covenant oiIr etr ti n herein contained shall in no event be deemed a waiver of t W-V ght to do so thereafter. Reasonable attorneys fees shall be recovo , by the prevailing party for the enforcement of these covenants. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no wise effect any other provisions which shall remain in full force and effect. Section 1. Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after!, • I which time they shall be automatically extended for successive • f ` i i• eook:1377,Page:187 (Page 9 of 11) BOOK 9.377?AoE 195 a v+3.^vR � aF 1 t�3ei 1 4 gI �a1Jq B Book:1377,Page:197 (Page 10 of 11) f. —BOOK 1377PAcE 196 periods of ten (SO) years. This Declaration may be amended by an instrument signed by not lees then Seventy -Five percent (78%) of the Lend Owners. Any amendment must be recorded. Section 4. Annexation. Additional property and Common Area , may be annexed to the Properties without the consent of the members • by the Declarant who hereby reserves said rights; provided any area annexed shall contribute pro -rate to Common Area mai'nten6nce.. ' Section S. underground Utility -service or Street Lighting. C4d er reserves the right to subject the real property in this iion to a contract with Jones-onslow Electric Membership' C34n or any other utility company for the installation or d electric cables and/or the installation of street g, e r or both of which may require an additional payment and/ r onti uing monthly payment to a utility company by the owner a su ui""LLl////d11illn ` IN WITH 8 6;EOk/\j, he((��D clarants have duly executed this ' Declaration, th a the,d an 1y, �iret above written. :i \ �� THE RICHARD L. RAY I<\'ITRU��O • DATED JANUARY 28, 1994 BY TRUSTEE - DEBRA R. Y N S RBA L .C. BY: • DEBRA Y, MAN ER STATE OF NORTH CAROLINA COUNTY OF ONSLOW Z, T•�2weu' afdS.� , a Notary Public in-4qn f r e said County and ate do hereby certify that Debra personally appeared before me this day and acknowledged tht((ens iy the Trustee of THE RICHARD L. RAY IRREVOCABLE TRUST DATED .7ANFJ - 28, 1994 and that she has duly executed the foregoing instrume n behalf of said trust for the purposes set forth therein. Witness my hand and notarial seal, this the ;L941- day of May, 1997. ,M6tary P blic �� taO l,a,4` `p? • ��Hy// ommlesion expireat •"• 1 � 10u6i\" �C COU• Y • l li Book:1377,Page:187 (Page 11 of 11) eo;x 1377PAGE 197 i STATE OF NORTH CAROLINA COUNTY OF ON9LOW I, 7•Ua.,fA 6dw=.Js a Notary Public in and for said County and state aforesaid certify that Debra R. Ray personally appeared before me this day and acknowledged that she is the Manager of Onslow Investors, L.L.C., a North Carolina limited liability company and that she has duly executed the foregoing instrument on behalf of said limited liability company tAth authority duly given. i Witness my hand and notarial gaol, this the day of F(sy, 1997. Y w aook:1377,Page:167 (ti.ao. 1,�, r. 'iI ® BatikPago 1692 059599 STATE OF NORTH CAROLMA 70111 (d R 26 PI 2: 16 COUNTY OF ONSLOW THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS entered Into this the '%9 day of March, 2001, by and between the undersigned owners of more than seventy-five percent (75.00 of all the subdivided lots of that tract of land located In jacksonvllle Township, Onslow, County, North Carolina and more particularly described as 'Final Plat Showing NORTHWEST BUSINESS PARK", according to that plat prepared byjohn L Pierce - Surveying and recorded In Map Book 39, Page 07. Slide K-563, Onslow County Registry. Said plat being Incorporated herein by reference as If fully set forth and referred to for the purposes of, furnishing a more complete and accurate description of the property which is the subject of this declaration; WITNES"SETH: I THAT, WHEREAS, The Richard Ray Irrevocable Trust, dated January 28. 1994, and Onslow Investors, LL.C., a North Carolina limited liability company, did an May 29, 1997 execute and record In the Onslow County Registry, a document entitled 'Declaration of Covenants, Conditions and Restri tlons , subjecting the real property described herein ito restrctions contained In sal document and recorded In Book 1377. Page 167, Onslow County Registry, and, !• WHEREAS, Article Vill, Section 3 of said Declaration of Covenants, Conditions and Restrictions, entitled General Provisions, Amendments, provides that said restrictions contained therein could be amended by an Instrument executed by the owners of seventy- five percent (7S.070 or more of the subdivided lots of said subdivision; and. WHEREAS, the undersigned are the record owners of more than seventy-five percent (75.0%) of the lots located within the boundaries of said subdivision referred to j herein and to which Bald Declaration of Covenants, Conditions and Restrictions apply; and, WHEREAS. In accordance with the Provisions of said Dedaration of Covenants, Conditions and Restrictions the undersigned owners desire to amend said Declaration of Covenants, Conditions and Restrictions recorded In Book 1377, Page 187. Onslow CUttfrry Registry voocvaansrsrrnvlueaores \ I�CEIVED JUL 0 7 2011 BY: r r (Pa9u.,Y oY !l� Boot 1692 0600 i r 1. i NOW, THEREFORE, the undersigned, being the owners of seventy-five present (75.0%) or more of the lots of NORTHWEST BUSINESS PARK, hereby declare that the Declaration of Covenants. Conditions and Restrictions recorded In Book 1377, Page 187, Onslow County Registry, be and are hereby amended by modifying ARTICLE VII, USE RESTRICTIONS, Section 7, Stg®vaimAltnalf, by Inserting In said Section 7 the following provisions: Swales shall not be filled In, piped, or altered except as necessary to provide driveway crossings. Built -upon area In excess of the permitted amount requires a state - stormwater management permit modification prior to construction. All permitted runoff from 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. Except as herein modified, the Declaration of Covenants, Conditions and Restrictions referred to herein shall remain in full force and effect, unaltered and unchanged by the execution and recordation of this amendment IN WITNESS WHEREOF, the undersigned have duly executed this Instrument for the purposes set forth herein, as of the day and year flrst above written. THE RICHARD RAY IRREVOCABLE TRUST, dated January 28, 94('//'�' Debra R. Ray, Its Tru teS e ONSLOW NVESTORS,.L.L.C. By. Debra R. Ray, Its Manager STATE OF NORTH CAROUNA COUNTY OF ONSLOW I, (J Gt,r h. M I-rVMy K" , a Notary Public In and for the county and state afolesatd, hereby certify that Debra R. Ray personaly appeared before me this date and acknowledged that she Is the Trustee of The Richard L Ray Irrevocable Trust, dated January 28, 1994, and that with authority duty ghre she executed the foregoing Instrument for the purposes set forth therein. Witness my hand and offlcWl 3MT,P orAeal, this V ` day of March, 2001. My commission expires: COLP X� (Bago' 3 of A Book ?ago 1692 0601 STATE OF NORTH CAROLINA COUNTY OF ON�SLOOW , a Notary Public In and for the county and state aforesaid, hereby certify t Oebra R. Ray personalty appeared before me this date and acknowledged that she Is the Manager of ONSLOW INVESTORS, LLC., a North Carolina limited liability company, and that with authority duly give she executed the foregoing instrument for the purposes set forth therein. Witness my hand and offlclal stamp or sea[. this day of March, 2001. • My commission expires:i•t4- ��Gd3et Notary Public sort ... ... • 9 gir moo �� soasa uaouxa txaa. toe'^ CHARLENE R. LANIER a 99M BUU= Tnhnpbt .yev.blvl 41,1W b W1 •vY1W M M m,m. 71d. Wne.n..0 P,neHr b. nd,ItaYv .d nwW b Jh M. to Rvnrrpvl ra 2 hP 5�.'16h�d•1d a00a 9 dded uvn.J ow n s soak 1377PAGE 187 STATE Or NORTH CAROLINA 997 im 19 at 9--35 COUNTY OP ONSLOW DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION is mado thin the-11�—day of stay, 1997, by The Richard L. Ray Irrevocable Trust dated January 28, 1994, and ONSLOW INVESTORS, L.L.C., a North Carolina limited liability company hereinafter referred to an "Deolarante." N I T H B S S E T Ht NHEREAS, the Declarant are the owners of certain real property described in Article I of this Declaration, and are desirous of subjecting said real property to the protective and restrictive covenants hereinafter set forth, each and all of which are for the benefit of such property and for each owner thereof, and shall inure to benefit of and pass and run with maid property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any swear thereof; and further shall be for the benefit and enforceable by the State of North Carolina. NON, THBREFURE, the Declarants hereby declare that the real property described and referred to in Article I hereof is and shall be hold, transferred, sold, conveyed subject to the protective and restrictive covenants sat forth below: ARTICLE-1 PROPERTY The real property which is and shall be held, transferred, sold and conveyed subject to the protective and restrictive covenants set forth herein is located in Jacksonville Township, Onslow County, North Carolina, and is more particularly described as follows: Being all of Lot 1 and Lot 2 as shown on a map entitled, °Recombination Survey Prepared For ONSLOW INVESTORS, LLC A DEBRA R. RAY, TRUSTEE" dated Hay 21, 1997, revised Ray 28, 1997 prepared by John L. Pierce - Surveying and recorded in Nap Book 3e, Page 232, Slide J-699, of the Onslaw County Registry. Said property also being described as all of Northwest Business Park 3o shown on the Dap attached harato aD Exhibit "A". (Pascp2 of 111, con-•1377Pa6E 188 AnTTM.E TT DEPINITIONS Section 1. -Association- shall mean and refer to Northwest Business park Property owners' Association, Inc., a non-profit Corporation formed pursuant to the requirements not forth the Borth Carolina General Statues, its saCsesaoro and assigns. esction 2.-ormar- shall roan and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Proportion, including contrast sellers, but excluding those having such interest merely as security for the performance of an obligation. Sew ion 1. "Properties" shall mean and refer to that certain real property herainbefore described, and such additions thereto as may hereafter be bought within the jurisdiction of the Association. aaatlan a- -Common Areas- shall men all real property (including the improvemsnto thereto) owned by the Association for the common use and enjoyment of the owners. The Common Arco to be owned by the Association at the time of the conveyance of the first lot is described as follows: ' Detention Panda as shown on that certain map entitled, "Northwest Buoinewe Park", attached hereto as Exhibit Us and sign Easement areas as shown on said map. saarson -. -Lot" shall mean and refer to any plot of land shown upon any recorded subdivision mop of the Properties with the exception of the Common Area and Sign Easement area as shown on said map. Section a.-neclarante- shall mean and refer to The Richard L. Ray Irrevocable Trust, dated January 28, 1994 and Onalow Investore, L.L.C., their euccossore and asaigne. ARTICLE III PROPERTY RIGHTS gaetion 1_ owners' Basements of Enjavmant. Every Amer shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following Previsions '1 awl 1371. Pave 197. 6ile Number fea40,3 of 11) .-.•-•_ __.. __.. _._.. ._ °i� a aux 1377vice 189 (a) The right of the Association to suspend the voting rights of an Goner for any period during which any assessment against his Lot remains unpaid. (b) The right of the Association to dedicate or transfer all, or any portion of the Common Area, for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall no agreed to by the members, individually. No such dedication or transfer shall be effective unless agreed to by Two-fhlyda (1/3) of the members voting On the Some at a duly call meeting for that purpose, and a certificate signed by the secretary of the meeting is recorded indicating the approval. MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot union is subject to assessment shall be a somber of the Association: Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Septtlen, a. The Association shall have one class of voting membership who shell be all owners, and Owners shall be entitled to one vote for each Lot owned. When more than one person holds and interest in any Lot, all such persona .bull be members. The vote for such Lot shall be exercised as they determine, but in no event shall sore that one vote be cast with respect to any Lot. ARTICLE-Y. COVENANT FOR MAINTENANCE ASSESSMENTS aneasaments. The Declarants, for each Lot owned within the properties, hereby covenants, and each Owner of any Lot by acceptance of a dead therefor, whether or not it shall be so expressed in swan deed, is deemed to covenant and agree to pay the Associations (1) annual assessments or charges, and (3) special assessments for capital improvements, ouch assessments to be established and collected an hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney'a fees, shall be a chargm of the land end shall be a Hook 1177. Pave 187. Pile Hie,*_ (Papa .4 of 116 "Book 1377pia 190 continuing lien upon the property against which each such easesawnts In made. Each such assessment, together with interest, coats, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the esomeoment fell due. The personal obligation for delinquent assessments shall act peso to his successors in title unless expressly assumed by them. section 2. Eurnmao of Aaoessmeat. The assessment& levied by the Association shall be used exclusively for operation, . preservation and maintenance of the Common Area. Section 0. Maximum Anneal Aseesementg, Until Tanuary 1 of tho.year immediately following tha conveyance of tha first Lot to an owner, the maximum annual asseaemente shall be ONE EUNOEEO AND Bo/loo DOLLANs ($100.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessments may be increased each year not more than B4 above the maximum assessments for the previous year without a vote of membership. (b) yrpm and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment may be increased above 58 by a vote of two-thirds (2/3) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not to exceed the maximum. section 4. Bmemial Anaanementa for capttal lmrrevementm_ In addition to the annual assessments authorized shove, the Association may levy, in any assessment year. a epeoial assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement or capital improvements upon the Common Area, including fixture and personal property related thereto, provided that any such assessments shall have the moment of twc-thirds (2/3) of the votes of the members who are voting In person or by proxy at a meeting duly called for this purpose. I ' Hook 1199. Pane 189, bile Mmbec (Pago ,S of lli El BOOK 1 377?AGE 191 .section S. Notice and quorum for Any Action Aethorize Dndar Section 7 and 4. Written notice of any locating called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less that 30 days nor more than 60 days In advance of meeting. At the first such meeting celled, the presence of members of proxies entitled to oast sixty percent (6011 of all the votes shall constitute a quorum. if the required quorums not present, another meeting say be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/1) of the required quorum at the preceding meeting. No such subsequent meeting anall be held more that sixty (60) days following the preceding meeting. Sect on 6. unit= sec of gansAnent. Both annual an special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. pate Of CAsses mentaa Due notes,, The annual assessments provided for heroin shall commence an to all Lots owned on January 1, 1990. 'rho Board of Directors shell fix the amount of the annual assessments against each Lot at Least thirty (301 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Amer subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the statues of assessments on a Lot is binding upon the Association as of the date of its issuance. RActlon R. Rffect of Mo,^ytsent of Aeeesamentae Raloedisa of the A®sociation. Any assessment not paid vithin thirty (30) days after the due date shall bear interest from the due date at the rate of ttleive, (12) percent per anmim. The Association may bring an action at law against the &mar personally obligated to pay the Scala, or foreclose the Lich agaicet tho property. Ila Om= may .(, maws or othoruiee ascapo liability for tho aoeaseaants provided i v 9 9aPk 1377, Paves 137. rile Humber tPaaq ,L cf 11 (, waooK 13717PAGE 192 for heroin by non-use of the Common, Area or abandonment or his Got. Section 9. subordination of the lien to wart^80e9. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Got shall not affect the assessment lien. However the sale or transfer of any lot pursuant to mortgage foreclosure of any proceeding in lieu thereof, shall extinguish the lien of ouch assessments an to payments which became due prior to such sale or transfer. No Bale Or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI." OPERATION AND MAINTENANCE OF COMMON AM It shall be the responsibility of Northwest Business Perk Property Owners' Association to maintain and operate the wet detention ponds. The ponds should be checked after all rainfall i events to insure the followings (1) orifice is free of debris (check after each rainfall). (2) The vegetation filter is remaining stable (monthly). (I) The ponds side slopes are remaining stable (monthly). (4) Inapeat and Clean out catch basins (monthly). When the sediment a pond reaches a level of .5 feet then it shell be responsibility of the Northwest Business Park Property Owners' Association to have the sediment removed. If the pond is used as a sediment basin during construction if should have any accumulated sediment removed and restored to design specification. Ponds should be checked twice annually in April and November. It ' In the future responsibility of the owner to maintain the side slope and the vegetative filter. This shall include the following () Mowing the side -elopes and vegetative filter when the vegetation reached a height of a inches. The vegetation shall never be mowed to less that 4 Inches. (2) The owner will seed the side -elopes and vegetative filter as needed. (As soon as erosion is visible/noticeable). (3) Tha owner will repair the side -elopes and the vegetative .»� _-� '� ,_-- —•'� � ��^__' 0 I Heel 13 ]'1. Page 189. Pile Nu. ev (Paco 'I of ill, sou 1377ME 193 filter after any rain event which causes erosion of the side-elopea or vegetative filter. (4) The owner shall inspect catch basins weekly during `R I construction. (S) No lose than monthly, the owner shall pump cut oil ! collection areas (catch basins) and dispose of properly to en i authorised recycling firm. The neciarants may at this discretion form a utility and charge for stormwater disposal. ' aRTICG6 VII. USE RESTRICTIONS SCCtton 1. L&U bee. No Lot shall be used exoept as ((( 'A under the City of aacksonville Zoning Ordinance. permitted aactinn a. Setback Reculr Mgnta. No building Shall be located on any lot nearer than the setback lines as shown on the 1 recorded plat. Section_3. Combination of Lata. In the event any owner of into lot, the more that one adjacent lot combines said lots one aide setback requirements shall apply Only to the line narking the perimeter of the combined lots and shall not apply to the side lot line of any lot which line is not also a perimeter line of the combined lots. Section a. R+yi_Sgnr Prghhblted. No noxiooe or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may or may become on annoyance or nuisance to the area. Section S• Reaennnte, Easements ter access, installation and maintenance of utilities, drainage facilities, and common area are reserved his ahown on the recorded plat. within these easements, no structure, planting or other material ahall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or ;Rich may obstruct or retard the flow, or water though drainage channels in the easements or access to the common Area. The easement area or each lot and all iwproveoents in it ahall be aainteined continuously by the Book 1377. Pace 181- Pile NMhec . � 1 i6e40ie 011S1} :+ t wK 1377FiGE 194 owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 9. Nohila Nomes A TemporajStructures. NO ateamture of a temporary character, trailer, basement, tent, check, garage, barn or other outbuilding shall to used an any lot ant any time as a residence, office or business, either temporarily or permanently. No trailer, mobile home, camper or like vehicle shall be parked on any lot at for any purpose, except during the construction of a permanent building for a period not to exceed six months. Section 7. Stornwater Runoff. No more that eighty-five percent (859) of the total surface area of any lot shall be covered by structures and/or paved surfaces, including walkways or patine of brick, stone, elate or similar materials. This covenant is intended to insure continued compliance with .stormwater runoff rules adopted by the state of North Carolina and therefore benefits may be enforced by the State of North Carolina. ARTICLE VIII, / GENERAL PROVISIONS Section 1. Enforcement, The Association, the State Of North Carolina or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations. Ilene and charges now or hereafter imposed by the provisions of this Declaration either to restrain violation or recover damages. Failure by the Association, the State of North Carolina, or by an owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do am tnereafter. Reasonable attorneyfa face shall be recovered by the prevailing party for the enforcement of these covenants. gentian 7. aeverability. Invalidation of any ono of these covenants or restrictions by judgement or court order shall in an vise effect any other provisions which shall remain in full force and effect. Section 1. Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (10) years from the date this Declaration Is recorded, after which time they shall be automatically extended for successive 9 Y a 0 r Br a -�—�• r r s'r ;"sir r—r—jrj i to �� � I � Ui y ni� I ► �'J / i��^ (Paso c0 of, 14 -ow 1377PAGE 196 perioda of tan (10) years. This Declaration may be amended by an instrument aigned by not lees then Seventy -Five percent (75%) of the Land Owen- Any amendment must be recorded. station 4. Annexation. Additional property and common Area may be annexed to the properties without the consent of the members by the Dealarant who hereby reserves said rights, provided any area annexed shell contribute pro-rata to Common Area malhtan9nce.. Section a. Underground Utility Barvice or street Lighting. The owner reserves the right to subject the real property in thin subdivision to a contract with Jones-onalow Bleetrie membership Corporation or any other utility company for the installation or underground electric cables and/or the installation of street lighting, either or hot)%of which may require an additional payment and/or a continuing monthly payment to a utility Company by the owner of such building. In WITNESS WHEREOF, the Declarants have duly executed this Declaration, this the day and year first above written. THE RICHARD L. RAY IRREVOCABLE TRUST DATED f(J��ANU�ARY 28, 1994 [ M ij L-Q•Q-A— ( th= TRUSTEE - DEBRA R. RAY OHsWW INVESTORS, L.L.C. SYS DEBRA R. RAY, MANAGES STATE OF NORTH CABOLINA COUNTY OF ONSLOW I, I •l�, Fda 1AS.3 a Notary Public in and for the said County enewed to do Barony Certify that Debra R. Ray personally appeared before me this day and acknowledged that she is the Trustee of THE RICHARD L. RAY IRREVOCABLE TRUST DATED JANUARY 28, 1994 and that she has duly executed the foregoing instrument on behalf of said trust for the purposes set forth therein. 41- Witness my Band and notarial coal, this the ;L9 day of Nay, 1997. �s��v �Dlya ry lio ti �p't,1,q �•`�p my ommieeion expires: p••• 0 co tM` VIA :p Book 1171. Page 187, rile Neer i sass 1377PAGE 19'� STATE OF NORTH CAROLINA COUNTY OF ONSLOH 1,_, a Notary Public in and for said County and State aforesaid certify that Debra R. Rey personally appeared before me this day and acknowledged that She is the Manager of Onslow Inveators, L.L.C., a North Carolina limited liability company and that she has duly executed the foregoing instrument on behalf of said limited liability company with authority duly given. w j Witness my hand and notarial seal, tR1e the-At:Lday of may, 1997. Y PUBLIC) commission expires: Luo: q�[�fA�y�pfm�ley '" bJ (p)may Eddua`rda. Jr. y,���Lb�Y� 1 m & b 10 / M1 11b W 1)LR Tana u1 ,mf6d m 11b M. h a.r P.l. 71b —b.1 a, MR {Book 1377, Page 1B7. Pilo 1Tmibec (pug Q, I ate 2ct 1111112Ins,liti lit pecorPro ded: 01/11120M "' 0Z Fae eqmas: W. pL Mar•Ilarkof KI . VeriLAtm Bw• oe Deed. -3113478-688 BY-LAWS OF NORTHWEST BUSINESS PARK OWNERS' ASSOCIATION, INC., A NON-PROFIT CORPORATION ART3CLE 1, PURPOSE, APPLICABILITY AND OFFICES Section I. Purpose. 'I his Corporation (hereinafter referred to as the "Association") has been no pini>cd to (a) own and maintain two (2) lots designated as"Slormwalcr Easement"; (b) maintain subdivision idcmi firatiun signs constructed, eras may be constructed, in two (2) areas designated as "Sign G:kmcrd"::rod (c) be re ponsible for cnm pliance with the stormwater permit and erosion control permit issued in connection with the deeclopo ken( of rertaln real property situate, lying and being in Jacksonville'I'oemahi p, Onsfow County, North Caruliku, and more particularly described on a map recorded in Map Book 39, Page 97, Slide K-563, in the office of the Register of Ureds of Onslow Cuumy, North Carolina (the "Subdivision"), asset out in the Declaration of Covenants and Restrictions for NOR 'lli W EST BUSINESS PARK, recorded in Book 1377, Page 187, as amended in Book 1692, I•agc 999, all in the office of the Register of Deeds of Onslow, County, North Carolina, (hereinafter referred to as Ihe "Derlamtlon") to which reference is made and incorporated herein. Section 2. Aonlicability of Bylaws. The provisions of these Bylaws are applicable m the commercial proptrty subdivision known and designated as "NOR MWES"1' BUSINESS PARK" on the records of the Register of Deeds Of (TISIO W County, North Carolina, and to the use and Occupancy thereof. AI I present and fumry t hvners, Mortgagees, Ie95CCs and occupantsof Lots and lhciremployees, invitees, licemm and guests, and env other penuns who may use titoxupy the facili ties of the Association in any manner, are subject to the Declaration, ibex Bylaws and any rules and regulations made pursuant hereto and any amendment to these Bylaws upon the same te•ing passed and duly set forth in an amendment to the Dedaralioo duly recorded, The acceptance of a deed of Conveyance or the entering into a lease or the act of occupancy of a Lot shall constitute an agreement that these tlylews (and any rules and regulations made pursuant heralo) and the provisions of the Declaration, as they may he amended from time to time, are accepted, ratified and will be complied with. Section 3. principal Office. The principal office of the Corporation shall be mitially located it 3W-C 1 lendersan Drive, Jacksonville, Onslow County, North Carolina 28546. .wcuonC Reeisteref Uffire.')he registered office of the Corporation required by law to be maintained in the State of North Carolina maybe, but need not be, identical with the principal office. 'Ilia milial ragislertd uflice of the Corporation shall be 3684-C I tenderson Drive, Jacksonville, North Carolina 28546. Section 5. Definitions. All termsas defined in the Declaration or Chapter A7F of the Not Carolina (:envr.d Statutes shall have the same meaning herein, except when the context otherwise specifics or rtrluira, ARTICLE If. LOT OWNERS Section I. Membership. Each I of Owner shall be a member of the Association and no other permm or col ih' shall be entitled to membership, Station 2. [,face of Meetings. All meetings of the Lot Owners shall be held at the principal of8ry of Ua• Corporation, or at such other place, either within or without the State of North Carolina, as ilia II he designated un the entice of the meeting or agreed upon by a majority of the Lot Owners entitled to vote then-M. Section 3. Annual Meednu. The annual meeting of the Lot Owners shall be held at IUfXI am. no, the 4"' Saturday in July of each year for the purpose of electing directors of the Association and for the transaction of .wcik other business us may be properly brought before the meeting. If the day fixed for the annual meeting Shall be a legal holiday, .such meeting shall be held at the same time on the next succeeding business day. (Page' 2 o'P 11) Section 4. ial MeeSpecial meetings of the Lot Owners may be called at any titne by the hoard of Director's or at least five (5) Lot Owners of the Association. Section 5. Notice of Meetings. Written or printed notice stating the time and place of the meetings shall be delivered not less than twenty (20) nor more than sixty (60) days before the date of any Lot Owners' nnrGn0. either personally or by mail, by or at the direction of the President or Secretary to each Lot Owner entitled to volr at such meeting. In case of a special meeting, the notice of meeting shall specifically state the purpose or purposes for which the meeting is called. Section 6. Quorum.The presence in person, or by proxy, at any meeting of the Lot Owners having; SU';i, of the total voles shall constitute a quorum. If there is no quorum at the opening of the meeting of Lot Owners. such Dueling may be adjourned from time to time by the unanimous vote of the Lot Owners present, either in person gr by proxy; and at any adjourned meeting at which a quorum is present any business may be tmnsacted which might have been transacted at the original meeting. The Lot Owners at a meeting at which a quorum is present may continue to do business until adjournment, itotwilhstanding the withdrawal of enough Lot Owners to leave less than a quorum. Section 7. V otine ftlits . Each Lot Owner shall have one (1) vote for each Lot owned. When more than one person or entity holds an interest in a Lot as an Owner, or when a lot is owned by a corporation, limited liahility company, partnership or other form of joint venture, a Certificate of Voting in a form established by the Assm ianion shall be filed by such Owner, designating the person whoshall be entitled to cast the vote with respect to such Lot; rrovided however, no Certificateof Voting shall be required when a Lot is owned solely by a husband and wife as tenants by the entirety and a vote cast by either the husband or wife, in person or by proxy, shall be binding upon the other unless a contrary vote is timely received b'vthe Association, in which event neither vote shall be counted, A Certificate of Voting shall be valid until such time as the Association receives either a subsequent Certificate of Voting, a written revocation of the Certificate of Voting is filed with the Association, or by a change in the ownership of the Lot concerned. If no Certificate of Voting is properly filed with the Association with respect to, a Lot which requires such Certificate, no vote shall be allowed with respect to said Lot until such time as a Cerlificate of Voting is properly filed with the Association. In no event shall any fractional vote he counted or morn than one vole be cast with respect to any one (1) Lot. Section B. Waiver of Notice. Any Lot Owner may, at anv time, waive notice of any meeting; of the Lot Owners in writing and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Lot Owner at any meeting of the Lot Owners shall constitute a waiver of notice by him of the time and place thereof, except where a Lot Owner attends a meeting for the express purpose of objecting to the. transaction of anv busines because the meeting was not lawfully called. If all Lot Owners are present at any meeting of the Lot Owners, no. notice shall be required and any business may be transacted at such meeting. Section 9. Informal Action by Lot Owners. Action may be taken by Lot Owners with the w(lukito percentage of votes without a meeting if written consent to the action in question is signed by all Lot Owners entitled to vote and filed with the minutes of the proceedings of the Association, whether done before or after thu ,action is taken. Section 10. Ordcr of Business. The order of business at the annual meeting of Lot Owners shall Ix- an follows: t. Roll Call 2. Proof of Notice of Meeting or Waiver of Notice 3. Reading of minutes of preceding annual and special meetings. 4. Reports of Officers 5. Reports of Committees 6. Election of Directors 7. Unfinished Business S. New Business (Page-3 of 11) ARl1CLE Ill, BOARD OF DIRECTORS Section 1. General Powers. the business and affairs of the Association shall be managed by its Beard of Directors. The directors may adopt such rules and regulations for the conduct of their meetings and manngenn•ni of the. Association, as they may deem proper, not inconsistent with the Articles of Incorporation, these By-laws and the laws of (his Slate. Such powers and duties of the Board of Directors shall include, but shall not be limited to, the following: (a) Operation, care., upkeep, repair, maintenance and replacement of thecommon areas. and facilities Ilnd payments therefor. (b) Determination of the common expenses required for the affairs of the Association, including without limitation, the operation and maintenance of the common areas and facilities. (c.) 'To make, levy and collect assessments against members and members' Lots to defray lhecosts ,and gommun expenses of the Association, as provided for in Article XII of the Declaration which Article is herein incorporated by reference, and to use the proceeds of said assessments in the exercise of the powers and duties granted unto the Association. (d)Employment and dismissal of the personnel necessary forthe maintenance, repairand replaCC1110111 of the common areas and facilities. (e) 'The adoption and amendment of such reasonable rules and regulations as it may deem advisable for the maintenance, conservation, and beautification of the common area and for the health, comfort, safety and general welfare ofthe Lot Owners and occupants ofthe common area. Written notice of such ndesandregulations .hall be given to all Lot Owners and occupants and the entire common area shall at all times be maintained subioct to such rules and regulations. (f) Opening of bank accounts on behalf of the Association and designating the sign:unrics requiredl therefor. (gl Maintaining and repairing any Lot, if such maintenance or repair is required by the Declaration or is necessary in the discretion of the Board to protect the common areas and facilities or any other Lot or if the Lot Owner of such Lot has failed or refused to perform such maintenance or repair within a reasonable time atter written notice of the necessity of said or repair delivered or mailed by the Board to said Lot Owner, provided that the Board shall levy a special assessment against said Lot Owner for (he cost of said maintenance or repair. (h) Entering any Lot when necessary in connection with any maintenance or construction for which the Board is responsible; provided, such entry shall be made during reasonable hours with as little inconvenience to the Lot Owner as practicable, and any damage caused thereby shall be repaired by the Board and such expenses shall he treated as a common expense; and entering any Lot for the purpose of correcting or abating any cundit inn or situation deemed by the Board of Directors to be an emergency. (i) Signing all agreements, contracts, deeds and vouchers for payment of expenditures and other Instruments in such manner as from time to time shall be determined by written resolution of the Board. In the pbsenceof such determination by the Board, such documents shall besigned by either theTreasu rer, or the Assistant Treasurer of the Association, and countersigned by the President. (1) Obtaining insurance for the common area as deemed necessary by the Board of Directors. (k) Making of repairs, additions, and improvements to or alterations or restorations of the common urea in accordance with the other provisions of these Bylaws and the Declaration, after damage or destruction by fire or other casualty, or as a result of a condemnation or eminent domain proceeding. (1) Engaging the services ofany person, firm orcorporahon toactas managing agent of the Associati.w. al a compensation established by the Board, to perform all of the powersand duties of the Association, except thuae• which may he required by the Declaration or the North Carolina Non -Profit Corporation Act to have approval of the Board of Directors or the Lot Owners, provided however. the term of any such agreement with a managing agent shall not exceed one (1) year initialty, shall only be renewable by agreement of the parties for successive one. aoak 1111. Paae 678. rile Maohei r (Page' 6 of il) (I) year periods add shall be terminable by the Association with or without cause upon 30 days prior written noli: c to the manager and without payment of a termination fee. (m) To enforce by any legal means or proceeding the provisions of the Articles of incorporation of the Association, these Bylaws, the Declaration or the rules and regulations hereinafter promulgated governing used Atecommon area by means of litigation or otherwise. (n) To pay all taxes and assessments which are or may become liens against any part of the comuwn urea other than the Lots, and to assess the same against the Lot Owners in the manner herein provided. (o) To adopt a seal for the Association. (p Hiring attorneys and other professionals. (q) Any other powers and duties reserved to the Board of Directors in the Declaration. the Articles of Incorporation or these Bylaws. Any action of the Association or its Board of Directors or officers, including matters involving investments of the Association, shall require the approval of a majority of the directors. Section 2. Number Term and Qualifications. The number of directors constituting the Board of Direcuxx phall be three (3). The initial Board of Directors shall be Debra R. Ray, and two (2) other persons designated by her. iiubsequent members of the Board of Directors shall be elected at the annual meeting of the Association. The Icrm of service for each director shall be one (I) year. Each director shall hold office until his death, resignation, retirement, removal, disqualification, or his successor shall have been elected and qualified. Section 3. Election of Directors and Compensation. the directors shall be elected at the annual meeting of Lo t Owners.11)e Board of Di recturs shal l receive no compensation for thei r serv'ices unless expressly allowed by the unanimous vote of the Lot Owners. Section 4. Resignation and Removal. A director may resign at any time by giving written notice to tho Board, the President or the Secretary of the Association. The acceptance of the resignation shall not be necessary to make it effective. A director may be removed from office with or without cause by the affirmative vote of the Lot Owners having 6O%of the iota I votes entitled to vote at an election of directors. If any directors arc so removed, new directors ntay be elected at the same meeting to serve the balance of the term of the directors removed. Section 5. Ouorom. At any meeting of the directors a majority of the directors shall be raryircd to constitute a quorum for the transaction of business. ARTICLE. IV. HEEI'INC Of DIRECTORS Section 1, Regular Meetings. A regular meeting of the Board of Directors shall be held immediately al lor, and at the same place as, the annual meeting of the Lot Owners. In addition, the Board of Directors may provido, by resolutions, the time and place, either within or without the Slate of North Carolina, for the hold ing of add it ion.i I regular meetings. Section 2. Special Meetings, Special meetings of the Board of Directors may be called by or at the rcxluesl of the President or any director. Such a meeting may be held either within or without the State of North Carolina as fixed by the person or persons calling the meeting. Section 3. Waiver of Notice. Any director may, at any time, waive notice of any meeting of the Board of Directors in writing and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall constitute a waiver of noticeby him of the time and place thereof, except where a director attends a meeting for the express purpose of objecting to the transaction of anv business becausa the meeting was not lawfully called. if all directors are present at any meeting of the Board, no notice shall be required and any business my be transacted at such meeting. Section 4. Manner of Acting and Quorum. Except as otherwise provided in these Bylaws, the Articles of Incorporation or the laws of the State of North Carolina, the act of a majority of the directors present at a mcctintl at which a quorum is present shall be the act of the Board of Directors. A majority of the number of direetors fixeri (Page'5 of TI) by these Bylaws shall be required for and shall constitute a quorum for the transaction of'ousiness at any meviinµ of the Board of Directors. Section 3. Minutes. The Board shall keep minutes of its proceedings. Section 6. Fidelity Bonds. In the event the Board determines it to be in the best interest of the Association to procure a fidelity bond or bonds for its officers, employees, agents or independent contractors handling or responsible (or funds of the Association, the premium for such bond or bonds shall be deemed a common expense, Section 7. Liability of the Board of Director s.'Phe members of the Board of Directors shall not be liable it, the I..ut Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Lot Owners shall indemnify and hold harmless each of the members of the Board against all contractual liability to others arising out of contracts made by the Board on behalf of tho As.,o)ciation unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or these pylaws. It is intended that the members of the Board of Directors shall have no personal liability with respect to anv contract made by them on behalf of the Association, except to the extent that they are Lot Owner(s). it is also intended that the liability of anv Lot Owner arising out of any contract made by the Board of Directors or nut of the afuresaid indemnity in favor of the members of the Board shall be limited to such proportion of the total liability lhereunder as his interest in the Lots of Subdivision bears to the interests of all the Lost Owners in the Lot of the Subdivision. Livery agreement made by the Board on behalf of the Association shall provide that the members of the Board, or the managing agent, as the case maybe, are acting only as agents for the Lot Owners and shall have Ito personal liability thereunder (except as Lot Owners), and that each Lot Owncr's liability thereunder shall by limited to such proportion of the total liability as his interest in the Lots of the Subdivision bears to the interest. ut all (.of Owners in the Lots of the Subdivision. Section B. Informal Action by Directors. Action taken by a majority of the directors without a meeting is fievertheless Board action if written consent to the action in question is signed by all the directors and filed with the minutes of the proceedings of the Board, whether done before or after the action is taken, ARTICLE V. OFFICERS Section 1. Officers of the Corporation. I'lle officers of the Corporation shall be a President, V ice -President, Secretary and Treasurer each of whom shall be elected by the directur(s). An individual may hold more than nor office, provided that no individual shall hold the office of President and Secretary at the same. time. Additional officers may be authorized and designated in the discretion of the Board of Directors. Section 2. Election and Term. The officers of the Corporation shall be elected by the Board of Oirectors annually immediately following the annual meeting of the Members and each officer shall hold Office until his death, resignation. retirement, removal, disqualification or his successor shall havebeen elected and qualified. Section 3. Coral2ensation of Officers. No officer shall receive any compensation from the Association for acting as such, unless otherwise unanimously approved by the Members. Section 4. Removal. Any officer or agent elected or appointed by the Board of Directors cony be removed by the Board whenever in its judgment the best interests of the Association will beserved thereby: but such renrov it shall be without prejudice to the contract rights, if any, of the person so removed. Section �. President. The President shall be the Chairman of the Board of Directors and the principal executive officer of the Association and, subject to the control of the Board of Directors, shall in general superviau and control all of the business and affairs of the Association. (S)he shall, when present, preside at ail meetings of IheLotOwnefs.(S)heshrill sign, with tile Secretary, or other proper officerof the Association thervuntortuthoriyod by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly ciciCga ttd yv the Board of Directors or by these by-laws to some otherofficer or agent of the Association, or shall be required (Page• 6 of YL) by law to be otherwtse signed or executed; and in general he shall perform all druies incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. Section b. Vice President. In the absence of the President or in the event of his death, inability or refusal to act, the Vice president, unless otherwise determined by the Board of Directors, shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President. The Vice President may sign, with the Secretary, certificates for shares of the Corporation; and shall jxrfonn such other duties as from time to time may be assigned to him by the President or Board of Directors. Section 7, Sec etar . 11ie Secretary shall (a) keep the minutes of the meetings of the Lot Owners, of the Board of Directors and of all Executive Committees in oneor more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these by-laws or as required by law; (c) be ntsuxtian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents the execution of which on behalf of the Association under its seal is duly authorised; (d) keep a ref;isler pf the post office address of each Member which shall be furnished to the Secretary by each Nentber, (c) keep or cause to be kept in the Slate of North Carolina at the Association's registered office or principal place of business, a recoid of the Association's Lot Owners, giving the names and addresses of all Lot Owners; and (f) i:: general perform all duties as from time to time may be assigned to him by the President or by the Board of DirLTWrs. Section 8. Treasure[- The'Freasurer shalt: (a) have charge and custody of and be responsible for all funds and securities of the Association; receive and give receipts for monies due and payable to the Association from am source whatsoever, and deposit all such monies in the name of the Association in such depositories as shall he selected by the Board of Directors; (b) prepare, or cause to be prepared, a true statement of the Associations assets tend liabilities of the close of each fiscal year, all in reasonable detail, which statement shall be made and tiled at IN, Association's registered office or principal place of business in the State of North Carolina within four (4) months after the end of such fiscal year and thereat kept available for inspection by all Lot Owners for a period of at least five (5) years; and (c) in general perform all of the duties incident to the office of Treasurer and such other duties tis from time to time may be assigned to him by the President or by the Board of Directors. or by thew bv-lair>. ARTICLE Vi. OPERATION OF THE PROPERTY Section1. Determination of Common Expenses and Fixing of the Common Charges.lhcBoardofflirech,rs shall from time to time, and at least annually, prepare a budget for the Association, determine the amount of the common charges payable by the Lot Owners to meet the common expenses of the Association, and allocate and assess such common charges among the Lot Owners as set forth in the Declaration. The common expenses shall include, among other things, the cost of all insurance premiums for all policies of insurance required to be or which have been obtained by the Board of Directors pursuant to the provisions of the Declaration, Thecommon expenses may also include such amounts as the Board may deem proper for the operation and maintenance of the common area including without limitation, an amount for working capital of the common area, for a general operating reserve, for a reserve fund for replacements, and to make up any deficit in the common expenses for any prior year. The Board of Directors sha Il advise all Lot Owners, promptly in writing, of the amount of cummon expenses parable by each of them, respectively, as determined by the Board of Directors, as aforesaid, and shall furnish copies of each budget on which such common expenses are based, to all Lot Owners. . Section 2. Limitation on Increased Common Charges or Limited Common Charges. Should the Board of Directors determine that the estimated aggregate amount of the common expenses to be assessed for any fixed year requires aggregate common charges payable by the Lot Owners which exceed 5%, of those levied in the preceding fiscal vear, the proposed budget requiringsuch increased chargesshall be submitted lathe Lot Owners for approval at the annual meeting or a Special Meeting called for such purpose. If, at such meet ing, two-thirds (2/3) of the voles cast approve such budget, the charges shall be made in accordance with such proposed budget. If the proposed budget is not approved by two-thirds (2/3) of the votes cast at such meeting, the Board of Directorsshall makr reductions in the proposed budget until either (a) the proposed budget is approved by two-thirds (213) of the voles 6 Book llil. Vave 6'/8 vile ra �Fe[ (Page-7 of 1-1) cast in a meeting called for such purpose or (b) the required increased charges do not exceed of that ievind I!' the preceding year. Section 3. Payment of Common Ctnrges and Limited Common Charges. All Lot Owners shall be obligated to pay the common expenses assessed by the Board of Directors pursuant to the provisions of Section I of ;his Article vl at such time or times as the Board shall determine. No Lot Owner shall be liable for the payment of any part of the common expenses assessed against his I,u subsequent to a sale, trans fey or other conveyance by him (made. in accordance with the provisions of the Dec larat ion and applicable restrictions of record) of such Lot. Except for a mortgagee or other transferee in foreclosure proceedings (or proceedings in lieu of foreclosure), a purchaser of a Lot shall be jointly and severally liable with the seller for the payment of common expenses assessed against such Lot prior to the acquisition by the purchase of such Lut without prejudice to the purchasers right to recover from the setter the amounts paid by the purchaser therefor. Provided that a mortgage or other purchaser of a Lot at a foreclosure sale of such I,ot shall net be liable for the payment of common expenses assessed prior to the foreclosure sale. Such unpaid common expenses shall he deemed to be common expenses collectible from all of the Lot Owners including such purchaser, his successors and assigns. Section 4. Collection of Assessments. The Beard of Directors shall assess common expenxs against the Lol Owners from time to time and at least yearly and shall lake prompt action to collect any common expenses which remain unpaid for more than thirty (30) days from the due date for payment thereof. The. Board of Directors may notify the holder of the first mortgage on any Lot (of which it has notice) for which any common expenses assessed pursuant to these Bylaws remain unpaid for more than thirty (30) days from the due date for payment thereof and in any other case where the Lot Owner of such Lot is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) days. Section 5. Default in Payment of Common Expenses. in the event of default by a Lot Owner in paving; m the Board of Directors the common expenses as determined by the Board, such Lot Owner shall he obligated to pay interest on such common expenses from the due date thereof at the legal rate of interest; together with all expenses. including reasonable attorney's fees, incurred by the Board in any proceedings brought to collect such unpaid common expenses. The Board shall have the right and duty to attempt to recover such common expenses, together with interest thereon, and the expenses of the proceedings, including reasonable attorney's fees (if permitted by law), in an action to recover a money judgement for the same brought against such Lot Owner, or by forec Insire I)( the lien on such Lot in like manner as a deed of trust or mortgage of real property. 'rhe Board of Directors shall itlso have the right to impose uniform late payment charges for delinquent common expense payments payments. which charges shall also be recoverable by the proceedings specified above. Section 6. Lien and Personal ObliF,it� ion. All common expenses provided for in the Article, together with the interest and expenses, including reasonable attorney's fee, as provided for herein, shall be a charge and continuing lien upon the Lot against which the assessment is made, which such lien shall be prior to all other liens excepting on iv (i) tax liens on the I of in favor of any assessing authority and (ii) all sums unpaid on a first mortgage of record. Such lien shall become effective when a notice thereof has been filed in the office of the Clerk of the Superior Court of Onslow County, North Carolina, provided such notice of lien shall not be filed until such >un15 assessed remain unpaid for a period of more than thirty (30) days after the same shall become. due. Such notice of lien shall also secure all assessments against the Lot becoming due thereafter until the lien has been satisfiexi. In addition. each Lot Ownershall be personally liable for any assessment against his Lot. No Lot Owner may exempt himself from such liability by non-use or enjoyment of any portion of the common areas and facililicw or be the abandonment or sale of his Lot. Section 7. Foreclosure of Liens for Unpaid Common Expenses. In any action brought by the Board to Foreclose on a Lot because of unpaid common expenses, the Lot Owner shall be required to papa reasonable rental for the use of his Lot and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. The Board, acting on behalf of all Lot Owners, or on behalf of any one or more individual Lot Owners i(so instructed, shall have the power to purchase such Lot at the foreclosure sale and to acquire, hold. Icaso, � M (Page 'B oh al) mortgage, vote ttie vote appurtenant to, coney or otherwise deal with the same subject, however, to Ipplicnblc restrictions of record. A suit to recover a money judgement for unpaid common expenses shall be maintainable without foreclosure or waiving the lien securing the same. In the event the mortgagee or other purchaser (other than the Association) purchases and takes title too lieu of foreclosure, or proceedings held in lieu of foreclosure by the mortgagee, with respect to the first nwrtgage on such Lot, such purchaser, his successors and assigns, shall not be liable for the share of the assessment for common expenses of the Association chargeable to such Lot which became due prior to the acquisition of title to such I o[ by such purchaser, However, such unpaid shareof common expenses shall be deemed common expenses collectible pro-rala, his successors and assigns. Section 8. Statement of Common Charges The Board of Directors shall promptly provide any I.ot Owner, so requesting the same in writing, with a written statement of all unpaid common expenses due from such 1 art Owner. Section 9. Abatement and Enjoinment of Violation by Lot Owners. The violation of any rule or regulation adopted by the Board or the breach of any Bylaws contained herein, or the breach of any provision of 111v Declaration, shall give the Board the right, in addition to any other rights set forth in these Bylaws: (a) to enter the Lot in which or as to which such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or condition that may exist therein contrary to the inient a nd mining of the provisions hereof, and the Board shall not thereby be deemed guilty in any manner of trespass; and/or (h) In enjoin, abate or remedy by appropriate legal proceedings, either by law or in equity, the continuance of any such breach at the expense of the defaulting Lot Owner. Section 10. Maintenance and ReRaair. (a) All maintenance, repair and replacement to any I.or. whether ordinary or extraordinary (other than maintenance of and repairs to any common areas and facilities conlained therein and not necessitated by the negligence, misuse or neglect of the Owner of such Lot), shall be made by rho Lot Owner of such Lot. Each Lot Owner shall be responsible for all damages to any and all other Lots and/or to th,l common areas and facilities caused by his failure to properly maintain, repair and make replacements to his Lot (b) All maintenance, repairs and replacements to the common areas and facilities, (unless necessitated by the negligence, misuse or neglect of a Lot Owner, in which case such expenses shall be charge to and paid by such L(1l Owner), shall be made by the Board and charged to all the Lot Owners as a common expense; provided, however there is excluded from the provisions contained in this section any repairs necessitated by casualty insuretf against by the Board of Directors to the extent the Board received insurance proceeds for such repairs. Section 11. Right of Access. Each Lot Owner shall grant a right of access to his i of to the managing agent and/or any other person authorized by the Board of Directors or the managing agent, for the purpose of making inspections or for the purpose of correcting any condition originating in his Lot and threatening another I .ol or the common areas and facilities, or for the purpose of performing installation, alterations or repairs to the mechanical or electrical equipment or other common areas and facilities in or adjoining his Lot; provided, however, such requests for entry (except in the case of emergencies where no request shall be required) are made in advance and where and any such entry is at a time reasonably convenient to the Lot Owner. In the case of an emergency- Such tight of entry shall be immediate whether the Lot Owner is present at the time or not. ARTICLE V1L RECORDS AND Al1DITS 'Ihe Board of Directors shall keep detailed records of the actions of the Board, minutes of the meetings of the Board of Directors, minutes of the meetings of the Lot Owners, and financial records and books of account of the Association, including a chronological listing of receipts and expenditures, as well as a separate account of cads Lot which, among other things, shall contain the amount of each assessment of the common expenses against each l.ot, the date when due, the amounts paid thereof, and the balance remaining. The financial records and the books of account shall be available for examination by all Lot Owners, their mortgagees and their duly authorized ogcntq or attorneys atconvenient hours. A written report summarizing all receipt and expenditures of the Assncia tion shall lo., (Page.9 04 111) 1,c rendered by the Board to all Lot Owners, and to all mortgagees of the Lots who have requested the sane, wilhi❑ ftinety (90) days following the end of each fiscal year. ARTICLE Vlll. INDEMNIFICATION OF DIItFCTORS OFFICERS AND OTHERS The Association shall indemnify any director or officer of former director or officer of the Association or anv person who may have served at the request of the Association as a director or officer of another corp rratiun. whether for profit or not for profit, against expenses (including attorney's fees) or liabilities actually or reasonably incurred by him in connection with the defense of or as a consequence of any threatened, pending; or comphncd action, suit or proceeding (whether civile or criminal) in which he is made a party or was (or is threatened lu by made It part') by reason of being or having been such director (governor) or officer, except in relation to natters as to which he shall be adjudged in such action, suit or proceedings to be liable for negligence or misconducl in the performance of duty. 'lire indemnification provided herein shall not be deemed exclusive of any other rights to which thrne indemnified may be entitled under any statute, bylaw, agreement, vole of members of disinterested Directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding uffice. and shntl continue as to a person who has ceased to be an administrator, officer, employee, or agent and shall inure to tho benefit of the heirs, executors and Directors of such persons. The Association may purchase and maintain insurance on behalf of any person who is or was a dmrlor, officer, employee or agent of the Association, or is or was serving at the request of the Association as a director. officer, employee or agent of another corporation, partnership, pint venture, trust or other enterprise against any IiabilitV asserted against him and incurred by him in such capacity, or arising out of his status as such, whether ar not the. Association would have the power to indemnify him against liability. The Association's indemnity of any person who is or was a director, officer, employee or agent of the Association, or is or was serving at the requestef the Association, as a director, officer, emploveeor agent of another corporation, partnership, pint venture, trustor other enterprise, shall be reduced by any amounts such person may collect as indemnification (i) under any policy of insurance purchased and maintained tin his hchali by the Association or (ii) from such other corporation, partnership, joint venture, trust or other enterprise. Nothing contained in thisArticle Vill, or elsewhere in these Bylaws, shall operate to indemnifv anv director or officer if such indemnification is for any reason contrary to any applicable state or federal law. ARTICLE IX. CONTINGENCY RESERVE Separate contingency reserves shall be maintained by the Association at all times to provide for working capital improvements or major repairs respecting the common area. The minimum amount to be maintained as a contingency reserve for the common area shall beset by the Board of Directors at the organizational meeting of the Association.l'o the extent the contingency reserve for the common area is depleted below the required mininunn, it ;hall he incumbent upon and the duty of the Board of Directors to increase the assessment of common expenses against the Lots to the extent necessary to replenish the respective contingency reserves to the minimum amount required within a maximum period of one full fiscal yearafterthe year in which the contingency reserve isdepieted below such mininium. ARTICLE X. ARBITRATION Any claim which shall be made against one or more members of the Board of Directors shall be settled by ,ubilration except as otherwise provided herein, in the Declaration or under any applicable law, and judgement upon theaward may beentered in any court having jurisdiction thereof. Such arbitration shall be con unenced upon the delivery of such claim, in writing, to one or more members of the Board; and shall be before tine disinterested ,u• ` 1 (Page � 10 "G L� 111 arbitrator if one can be agreed upon, otherwise before three disinterested arbitrators, one named by the Dirvctort;), one by the Lol Owner(s), and one by the two thus chosen. The arbitrator or arbitrators shall dehrrmine the controversy in accordance with the laws of North Carolina as applied to the facts found by him or them. If the Director(s)or the Lot Owncr(s) shall refuseor fail losonamean arbitrator within thirty(30) days after written notico from the other party requiring the naming of an arbitrator, then the arbitrator appointed by both parties for that (turpose, and his award in writing signed by him shall be final. The rules of procedure for the arbitration hearing, may be adopted by the arbitrators. All arbitration proceedings hereunder shall be conducted in the City of Jacksonville, North Carolina. ARTICLE XI. AMENDMENT 'These Bylaws may be amended by a vote of sixty-six and sixty-six one hundreth percent (66.66'7f.) of the votes cast in person or by proxy, at a meeting duly held in accordance with the provisions of the Bylaws, provident that such amendment shall be effective only upon the recordation in the Office of the Register of Dods, Onslow County, North Carolina, of an amendment to the. Declaration setting forth such amendment to these Bylaws. A clescription of any proposed amendment shall accompany the notice of any regular or special meeting at which such proposed amendment is to be voted upon. Any proposed amendment is to be voted upon or consented to in a cor uieni to action without meeting and must receive the approval of the above specified percentage of M embers; I Art Owners. All Lot Owners shall be bound to abide by any such amendment upon the same being passed and duly set forth in an amendment to the Declaration or Bylaws, duly recorded in the Office of the Register of We& nl Onslow County, North Carolina. The foregoing were adopted as the Bylaws of the NORT}IWESI' BUSINESS PARK OWNERS' AS.SOC:IATION, INC., a non-profit corporation under the laws of the State of North Carolina at the organizational meeting of the Association on the 29" day of May, 1997. NORTHWESTBUSINESS PARK OWNERS' ASSOCIATION, INC.. By: OX'Q, ...' /�= Oebra It. Ray - President Witness: Boaz 3113. Pave 673. Pile HIMber V (Page111 04F-11) STATE -OF NOR'rl l CAROL.INA COUNTY OF ONSLOW The undersigned, it Notary Public in and for the aforesaid County and State, does herchv errtifv that DEBRA R. RAY, personally came before me this day, and having provided satisfactory prnof of hisilwi identity. acknowledged that ;he is President of NORTHWES'lUUSINLSS PARK OWNE16, ASSOCIATION, INC., a North Carolina corporation, and that by authority duly given by its txrard of directors, the foregoing instrument was signed in its name by him/her as its —_ presidQnt as the act and deed of said corporation for the purposes set forth therein and in the capacity indicated. Witness my hand and official stamp or seal, this 24"day of July, 2(H1R. Not- Public My Commission Expires: 9 I J nAlik