HomeMy WebLinkAboutSW8030818_Historical File_20050824 WATF Michael F. Easley,Governor
William G. Ross, Jr., Secretary
f North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality
August 24, 2005
Mr. Jay Atkinson
St. James Development Co., LLC
Post Office Box 10879
Southport, NC 28461
Subject: Permit No. SW8 030818.Mod
St. James Plantation-Paladin Club,Ph 3
Low Density Subdivision with a Curb Outlet
System Stormwater Permit
Brunswick County
Dear Mr. Atkinson:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
St. James Plantation-Paladin Club Phase 3 on August 24, 2005. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030818.Mod,
dated August 24, 2005, for the construction of the project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not sup*ercede any other agency permit that may
be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request.an adjudicatory hearing upon written request within thirty(30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings,P.O. Drawer 27447,
Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter,please contact either
Gary Beecher or me at(910) 796-7215.
Sincere>"_'
EdWiO Beck
Regional Supervisor
Surface Water Protection Section
EB/:ghb S:\WQS\STORMWAT\PERMIT\030818.Mod
cc: David Bowman(East Coast Engineering)
Brunswick County Inspections
NCDOT district engineer
Clary Beecher(DWQ)
Central Files
Wilmington Regional Office
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us One,
I�lo Carolina
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws,Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Jay Atkinson, General Manager
St. James Development Company, LLC
St. James Plantation-Paladin Club, Phase 3
Brunswick County
FOR THE
construction, operation and maintenance of a 30%low density subdivision with a curb outlet
system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications, and
other supporting data as attached and on file with and approved by the Division of Water Quality
and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 228 lots is limited to the maximum square footage of built-upon area as
indicated in the table below. CAMA regulations may reduce the built-upon area for those
lots within the AEC.
Lot Numbers MAX BUA
1 thru 215 10,570 SF
Lots 27,28,30,31,32 located on Marsh Field 7,500 SF
Drive
Lot 29 Located on Marsh Field Drive 9,000 SF
Lots 168 Thru 177 Located on Wynston 7,500 SF
Court
2. The overall tract built-upon area percentage for the project must be maintained at 30%,
per the requirements of Section .1005 of the stormwater rules.
3. This project proposes a curb outlet system. Each designated curb outlet swale or 100'
vegetated area shown on the approved plan must be maintained at a minimum of 100,
long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than
5%, carry the flow from a 10 year storm in a non-erosive manner,maintain a dense
vegetated cover, and be located in either a dedicated common area or a recorded drainage
easement.
4. No piping shall be allowed except those minimum amounts necessary to direct runoff
beneath an impervious surface such as a road or under driveways to provide lot access.
2
St.James Plantation-Paladin Club Phase 3
Permit No.SW8 030818.Mod
5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches,
must be vegetated with side slopes no steeper than 3:1 (H:V).
II. SCHEDULE OF COMPLIANCE
1. Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed
in their entirety, vegetated, and be operational for their intended use prior to the
construction of any built-upon surface,per the approved plans
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Cleaning and repair of catch basin grates, flumes,piping, and the flow spreader
mechanism..
4. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including,but not limited to, those listed below:
a. Any revision to the approved plans,regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the drainage
area.
e. Further subdivision, acquisition or sale of the project area. The project area is
defined as all property owned by the permittee, for which Scdimentation and
Erosion Control Plan approval was sought.
f. pFllan g in,piping, or altering any vegetative conveyance shown on the approved
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee is responsible for verifying that the proposed built-upon area does not
exceed the allowable built-upon area. Once the lot transfer is complete,the built-upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built-upon area limit is transferred to the individual
property owner.
7. The permittee must certify in writing that the project's stormwater controls, and
impervious surfaces have been constructed within substantial intent of the approved plans
and specifications. Any deviation from the approved plans must be noted on the
Certification. The permittee shall submit the Certification to the Division within 30 days
of completion of the project.
8. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide
vegetative buffer between all impervious areas and surface waters.
10. The Director may notify the permittee when the permitted site does not mcet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written timc schedule to the Director for modifying the site to
3
St.James Plantation-Paladin Club Phase 3
Permit No.SW8 030818.Mod
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
11. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot.
12. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the
date of recording.
13. Recorded deed restrictions must include, at a minimum, the following statements related
to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number 030818.Mod, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is listed in the table above in section 1-1.
This allotted amount includes any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes,but is not limited to,
structures, asphalt, concrete, gravel,brick, stone, slate, coquina, driveways, and
parking areas,but does not include raised, open wood decking, or the water
surface of swimming pools.
g. Filling in,piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built-upon area reduced due to CAMA jurisdiction within the AEC.
i. Filling in,piping or altering any designated 5:1 curb outlet Swale or vegetated area
associated with the development is prohibited by any persons.
j. A 30'vegetated buffer must be maintained between all built-upon area and the
Mean High Water line of surface waters.
k. All roof drains shall terminate at least 30'from the Mean High Water mark.
1. This project proposes a curb outlet system. Each designated curb outlet Swale or
100'vegetated area shown on the approved plan must be maintained at a
minimum of 100'long,maintain 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non-erosive manner, maintain a dense vegetated cover, and be located in either a
dedicated common area or a recorded drainage easement.
14. All roof drains must terminate at least 30' from the Mean High Water mark.
4
St.James Plantation-Paladin Club Phase 3
Permit No.SW8 030818.Mod
15. Prior to transfer of ownership, the swales must be inspected and determined to be in
compliance with the permit.Any deficiencies will be repaired or replaced prior to the
transfer.
16. All curb outlet swales and 100'vegetated areas must be located in recorded drainage
easements or dedicated common areas. The final plats for the project will be recorded
showing all such required easements and common areas, in accordance with the approved
plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified,revoked and reissued or terminated for cause. The filing of
a request for a permit modification,revocation and reissuance, or termination does not
stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit,revoking and reissuing the permit, or terminating the permit as allowed by the
laws,rules, and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval
by the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved. The permittee is responsible
for compliance with the terms and conditions of this permit until the Division approves
the permit transfer.
6. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes,rules, regulations, or ordinances,which may be imposed by other government
agencies(local, state and federal),which have jurisdiction. If any of those permits result
in revisions to the plans, a permit modification must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspecting the stormwater control system and it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership or
mailing address changes within 30 days.
9. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
Permit issued this the 24th day of August 2005.
NORTI;JXAROLINA ENVIRONMENTAT.MANAGEMENT'COMMISSION
----- - -- - -----------------------
Alan W. Klimek, P.E.,Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 030818.Mod
5
Date Received Fee Paid Permit Number
-OS VM,00 5GU2r0 R o
State of North Carolina
Department of Environment and Natural. Resources
Division of Water. Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name(specify the name of the corporation, individual, etc. who owns the project):
St James Development Co.,LLC
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Jay Atkinson,Authorized Agent(General Manager)
3. Mailing Address for person listed in item 2 above:
PO Box 10879
City: Southport State: NC Zip: 28461
Telephone Number: (910) 253-4739
4. Project Name(subdivision,facility, or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements, etc.):
St James Plantation-Paladin Club,Phase 3
5. Location of Project(street address):
Approx.0.4 miles from St James Drive on Paladin Drive
City: Town of St.Tames County: Brunswick
6. Directions to project(from nearest major intersection):
Approx. 1.4 miles west on NC 211 from intersection w/NC 133,south on St.Tames Drive aprox 1h mile,
west on Paladin Drive
7. Latitude: 33°57.5 Longitude: 78005.5' of project
8. Contact person who can answer questions about the project:
Name: Mark Brambell Telephone Number: (910)253-4739
II. PERMIT INFORMATION:
1. Specify whether project is(check one): New Renewal X Modification
Form SWU-101 Version 3.99 Pagel of 4
2. If this application is being submitted as the result of a renewal or modification to an existing permit,list the
existing permit number and its issue date(if known)
3. Specify the type of project(check one):
--X—Low Density High Density Redevelop General Permit Other
4.Additional Project Requirements(check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated.Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Vegetated swales
2. Stormwater runoff from this project drains to the Lumber River basin.
3. Total Proj ect Area: 240.47 acres 4. Project Built Upon Area: 30 %
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area.If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Bt,sinlniiyrm Draiuv� Area I ; Dral geAva2
Receiving Stream Name ' Beaver Dam Creek
Receiving Stream Class GSw
Drainage Area 10,474,917 sf
Existing Impervious*Area 0
Proposed Impervious*Area 3,142,475 sf
%Impervious*Area(total) 30
Sue ace Aiwa Drainage Area 3 Drainage Area 2
On-site Buildings 2,451,470 sf
On-site Streets 539,343 sf
On-site Parking 0
On-site Sidewalks 75,859 sf
Other on-site(cartpaths) 75,803 sf
Off-site 0
Total: 3,142,475 sf Total:
*Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
sidewalks,gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4
7.How was the off-site impervious area listed above derived? NA
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot.If lot sizes vary significantly,a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality. These covenants may not
be changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt,gravel, concrete, brick, stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
S. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include alf the applicable items required above,that the covenants will be binding on all parties and persons
claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s)listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-1 0 1 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below.The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
•Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s)for each BMP .00
•Permit application processing fee of$420(payable to NCDENR) AUK
•Detailed narrative description of stormwater treatment/management
•Two copies of plans and specifications, including:
-Development/Project name
- Engineer and firm
- Legend
-North arrow
- Scale
-Revision number&date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours, spot elevations, finished floor elevations
-Details of roads, drainage features,collection systems,and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
-Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers(where required)
VII.AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): East Coast Engineering Company,P.A.
Mailing Address: Post Office Box 2469
City: Shallotte State: NC Zip: 28459
Phone: (910) 754-8029 Fax: (910) 754-8049
VIII.APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) JayAtlflnson
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15 A
NCAC 2H.1000.
Signature: Date:
Form SWU-101 Version 3.99 Page 4 of 4
Permit No. ` � 0-30V g Ob
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, a
curb outlet system supplement, a low density supplement, design calculations, and plans and specifications
showing all stormwater conveyances and curb outlet details.
I.PROJECT INFORMATION
Project Name: St. James Plantation-Paladin Club,Phase 3
Contact Person: Mark Rrambell Phone Number: (910) 253-4739
Curb outlets to (check one): E Swale 0 Vegetated Area
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
14-4 a. Curb outlets direct flow to a swale or vegetated area.
b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum,
the peak flow from the 10-year storm.
c. Flow velocity is non-erosive for peak flow from the 10-year storm event.
d. Longitudinal slope of the swale or vegetated area does not exceed 5%.
e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
f. Length of swale or vegetated area is> 100 feet.
_ g. The system takes into account the run-off at ultimate built-out potential from all surfaces
draining to the system(delineate drainage area for each swale).
h. Swales are located in recorded drainage easements.
i. Grass type(s) for permanent vegetative cover specified on detail.
j. Swale detail provided on plans.
Form SWU-105 Ver 3.99 Page 1 of 3
III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual.
Table 1. Swale Design Information
Swale No. Drainage Impervious Grassed C Q Va. V Flow
Area(ac) Area(ac) (cfs) (fps) (fps) Depth(ft)
26 3.37 1.79 1.58 0.52 12.55 5.0 1.61 1.0
27 2.20 1.43 0.77 0.63 9.82 5.0 1.61 1.0
Form SwU-105 Ver 3.99 Page 2 of 3
III. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered,piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Jay Atkinson—Authorized agent General Manager)
Address: PO Box 10879, Southport,NC 28461
Phone: 910- 739 Date: 3-23-05
Signature:
Note: The 1 ally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the subdivision has been named the president.
1 ?a hn Rom' S CL_P"g'f_Ll�t ,a Notary Public for the State of North Carolina ,County of
Brunswick ,do hereby certify that 7a-Atkinson personally appeared before me this
24th day of March , 2005 ,and acknowledge the due execution of the forgoing infiltration basin maintenance
requirements.Witness my hand and official seal,
NOW 0
* * *
SEA E,, mo w. o My commission expires
• i
Form SWU-105 Ver 3.99 Page 3 of 3
Permit No IW S 0 M SAM 6
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name : St. James Plantation—Paladin Club, Phase 3
Contact Person: Mark Bramhell Phone Number: (910)253-4739
Number of Lots: 228 Allowable Built Upon Area Per Lot*: 10,750 sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name,phase,page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area- the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor-the appropriate percent built upon area divided by 100.
• RA Road Area-the total impervious surface occupied by roadways.
• OA Other Area.-the total area of impervious surfaces such as clubhouses,tennis courts, sidewalks, etc.
•No. Lots- the total number of lots in the subdivision.
• BUA/Lot-the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SVIU-104 Rev 3.99 Page 1 of 2
(SA x DF) -RA—OA= BUA
No. Lots Lot
Calculation:
(10,474,917 x 0.30)—539,343 — 151,662 = 10,750 sf
228 lot
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form,the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .I007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2
0�A
WiDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr., Secretary
June 28, 2005 Alan W. Kiimek, F.E., Director
Mr. Jay Atkinson
St. James Development Co., LLC
Post Office Box 10879
Southport,NC 28461
Subject: Request for Additional Information
Stormwater Project No.SW8 030818.Mod
St. James Plantation-Paladin Club Phase 3
Brunswick County
Dear Mr. Atkinson:
The Wilmington Regional Office received a Stormwater Management Permit Application for
St. James Plantation-Paladin club Phase 3 on April 19, 2005. A preliminary review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
L. Please send in a copy of the proposed Deed Restrictions for this modification. Thank You
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to July 28,2005, or the
application will be returned as incomplete. The return of a project will necessitate re-submittal of
all required items, including the application fee.
If you need additional time to submit the information,please mail or fax your request for a
time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any on inal
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at(910) 796-7215.
Sincerely,
Gary . Beecher
Environmental Technician
EB/ghb: S:\WQS\STORMWAT\ADDINFO\2003\030818.Mod.June05
cc: David Bowman,P.E (East Coast Engineering)
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 �OOn)C'e11�aT011na
Phone: 910-395-3900/FAX: 910-350-2004/Internet:h2o.enr.state.nc.us Xduidlly
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
• DR's For Lo-ri ni-rn
OFF MOSS 9&r4%(X Rel Brunswick 00F!LtY�ister of Deeds
Robert J. Robinson
4-A vv`f NsTau cv Inst #257141 Book 2112page 315
03/24/2005 06:36:28pm Rec# 'h c'
RETYYI Yl
TOTAL REV C#
P.EC# CK AMT CK#
CAS311 REF BY-01
Amendment to Master Declaration and
Declaration of Restrictive Covenants and Easements
for St.James Plantation, The Reserve
Moss Hammock Neighborhood Lots 168-177
NORTH CAROLINA—BRUNSWICK COUNTY
THIS AMENDMENT AND DECLARATION is made as of AlrC 2005,
by St.James Development Co., LLC, a North Carolina limited liability company (St. James
Development Co.'�, and Reserve Development Co., LLC, a North Carolina limited liability
company("Reserve Development Co.") (St. James Development Co. and Reserve Development
Co.are hereinafter referred to collectively as"Development Co.").
WITNESSETH:
WHEREAS, Development Co. owns certain property located in Brunswick County,
North Carolina,and more particularly described as follows:
All of the property shown on that plat of St. James Plantation, The Reserve,
Moss Hammock Neighood, Lots 168-177, recorded in Map
Cabinet%�R , Page 1- � Brunswick County Registry (said plat is
hereinafter referred to as the "Plat" and the property shown on the Plat is
hereinafter referred to as the"Property"and the numbered lots shown on the Plat
are hereinafter referred to individually as a"Lot"and collectively as the"Lots").
WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions for
St.James Plantation is recorded in Book 839, Page 453, Brunswick County Registry (together
with all amendments thereto recorded in accordance with the provisions thereof, the "Master
Declaration") (unless otherwise defined herein, all terms defined in the Master Declaration shall
have the same meanings in this Amendment and Declaration);
WHEREAS,the Master Declaration provides that a Declarant may annex additional land
into the Development, and the original Declarant has assigned that right with respect to certain
land, including the Property, to St. James Development Co.pursuant to that Partial Assignment
of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry, and to
156345_1.DOC Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM)
(Without Title Examination)
Inst # 257141 Book 2112Page: 316
Reserve Development Co, pursuant to that Partial Assignment of Declarant's Rights recorded in
Book 2032,Page 625,Brunswick County Registry,and;
WHEREAS,the Master Declaration establishes certain covenants,conditions,restrictions
and easements running with the land located in the Development, including provisions setting
forth certain functions and duties of St.James Plantation Property Owners Association,Inc. (the
"Association') and its Architectural Control Committee (the "ACC'), and easements and other
rights reserved by Declarant;
WHEREAS, Development Co. has determined to annex the Property into the
Development and subject the Property to the provisions of the Master Declaration, and
Development Co. also desires to subject the Lots to certain additional covenants, conditions,
restrictions and easements for the purpose of protecting the value and desirability thereof and of
other adjacent properties.
NOW,THEREFORE,Development Co.hereby declares that the Property is annexed into
the Development and shall be held, sold and conveyed subject to the covenants, conditions,
restrictions and easements contained in the Master Declaration, and to the following additional
covenants, conditions, restrictions and easements, all of which shall run with the land and be
binding upon every Person having any right,title or interest in such land or any part thereof,their
heirs,successors and assigns,and shall inure to the benefit of each Owner thereof.
1. Land Use. The Lots shall be used for single-family residential purposes only.
The operation of any business or commercial enterprise upon any Lot is expressly prohibited;
provided, however, that a Lot may be used as a temporary sales office and/or model with the
prior written consent of Reserve Development Co.
2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary
lines changed without the prior written consent of Reserve Development Co. Reserve
Development Co. expressly reserves to itself the right to resubdivide or change the boundary
lines of any Lot or Lots owned by Reserve Development Co. A combined Lot may be created by
(i)Reserve Development Co.replatting any two or more Lots, or(ii)an Owner acquiring two or
more adjacent Lots,without replatting,followed by the construction thereon of a single dwelling
in such a manner as to require the Lots to be treated as one Lot in order to meet any setback
requirements. Each combined Lot shall be considered a single Lot for assessment and voting
purposes as contained in the Master Declaration when (i) replatted, or (ii) the single dwelling
thereon is complete and a Certificate of Occupancy or Compliance has been issued by the
appropriate governmental authorities, The covenants, conditions, restrictions and easements set
forth herein shall apply to each Lot so created, except that the provisions creating easements for
drainage and utilities along all side lot lines shall apply only to the exterior side lines of a
combined Lot(unless an easement is specifically shown on the affected Lot or Lots on the Plat,
in which case a release must be obtained from the party or parties with rights to such easement).
3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon
any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or
nuisancc to any person whomsoever.
156345_1.DOC -2-
Inst # 257141 Book =Page: 317
4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if
the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph,
the area to be included in the determination of the total number of heated square feet shall be all
interior areas within the roof line of the dwelling, excluding open porches, terraces and like
areas; provided, however, that up to 200 square feet of this minimum requirement may be
provided by covered porches, so long as the roof of such porches forms an integral part of the
roof line of the main dwelling.
5. Architectural Control. No dwelling shall be erected or allowed to remain on
any Lot unless the construction of such dwelling is substantially performed on the Lot. No
mobile home,manufactured home or modular home shall be erected or allowed to remain on any
Lot. As more particularly provided in the Master Declaration, all proposed improvements,
alterations and landscaping on any Lot must be reviewed and approved by the ACC prior to
commencement of any construction. Once construction of a dwelling has been commenced, it
must be complete and ready for occupancy within twelve (12) months. Weather permitting, all
landscaping shall be finished upon completion of the dwelling, but in no event later than ninety
(90) days after the date the dwelling is occupied. Upon written request of the Owner and for
good cause shown, the ACC may, in its sole and absolute discretion, extend the time for
construction. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved plans and specifications, as evidenced by a certificate of
completion issued by the ACC.
6. Building Setback and Placement. So that the maximum balance of view,
privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures
will be located with regard to the topography of each individual Lot, taking into consideration
the location of trees on each Lot and similar factors,the ACC reserves the right to determine, in
its-sole discretion,the location of any dwelling or other structure on any Lot;provided,however,
that the following shall be minimum standards unless expressly waived in writing by the ACC
(and permitted by the applicable zoning ordinance):
(a) A dwelling shall not be erected or allowed to remain facing in any direction
except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street
upon which said Lot has the least frontage.
(b) No dwelling or other structure shall be erected or allowed to remain on any Lot
nearer to any property line than the minimum setback lines shown or described on the Plat.
7. Easements. Development Co. hereby reserves for itself, its successors and
assigns, and hereby grants to the Association, its successors and assigns (the rights of
Development Co.,the Association,and their respective successors and assigns to be coextensive
and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all
property lines,measured five(5)feet from the front and side property lines,five(5)feet from the
rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear
property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on
a11.Lots along all property lines abutting a street, measured fifteen (15).feet from the property
lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by
the Association, all subject to rules and regulations of the Association; (iii) easements for
156345_1.DOC -3-
Tnst # 257141 Book 2112Page: 318
drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15)
feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional
provisions regarding lakes and ponds); and (iv) other easements as shown or described on the
Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities,
and/or pathways, as applicable, and/or for other purposes as specified herein of on the Plat,
together with the right of ingress and egress over and upon such easements for such purposes.
Easements for drainage facilities and utilities must be used so as to interfere as little as possible
with the use of the Lots by the Owners thereof. Easements for drainage facilities,utilities and/or
pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a
driveway crossing.
8. No Temporary Structures. Except during construction, and subject to approval
by the ACC,no structure of a temporary character shall be erected,placed or allowed to remain
on any Lot,nor shall any building materials be stored on any Lot. No garage or other accessory
building erected on any Lot shall be used as a residence,either permanently or temporarily.
9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or
through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the
prior written approval of the ACC. Except as required by law,no billboards,posters or signs of
any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or
allowed to remain in any window,on the exterior of any improvement, or on any Lot, except(i)
a name and address sign, or(ii) a temporary sign reflecting construction of a dwelling on such
Lot by a licensed contractor,the design of which must be approved by the ACC.
10. Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot except that dogs,cats or other household pets may be kept or maintained,
provided that they are not kept or maintained for commercial purposes and further provided that
they-are kept and'maintained in compliance with all applicable laws and ordinances.
11. Outside Antennas and Satellite Dishes. No outside radio or television antennas,
satellite dishes,satellite earth stations or similar devices shall be erected or allowed to remain on
any Lot,except as permitted by the Design Guidelines adopted by the ACC,as amended.
12. Boats,Trailers and Certain Motor Vehicles.
(a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational
vehicle, or trek larger than a half-ton pickup truck shall be parked for longer than twenty-four
(24)hours on any Lot in such a manner as to be visible from the street; provided, however,such
boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door
closed. Violators may have their boats or vehicles towed by the Association at the owner's
expense.
(b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four
(24)hours on any Lot in such a manner as to be visible from the street;provided,however, such
vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed.
Violators may have their vehicles towed by the Association at the vehicle owner's expense.
156345_1-DOC -4-
Inst # 257141 Book 2112Page: 319
(c) No boat, trailer, or vehicle of any type shall be stored, either permanently or
temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot.
(d) The Board of Directors of the Association,in its sole and absolute discretion,may
provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for
good cause shown.
13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James
Plantation in accordance with all laws of the State of North Carolina and any rules and
regulations that may be imposed by the Association. No "off the road" vehicles of any type,
including but not limited to go carts, dirt bikes,and all terrain vehicles, shall be operated within
St. James Plantation, except those vehicles used in the course of permitted construction and
development within St.James Plantation,or used for golf course or related purposes.
14. Storage Receptacles. The placement and maintenance of fuel storage tanks and
outdoor receptacles for ashes,trash or garbage shall be governed by the ACC.
15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or
similar structure shall be placed on any Lot unless screened in such a manner that it is not visible
from any street,recreational area or adjoining property.
16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, flee of
debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a
reasonable and prudent manner harmonious with that of other property within St. James
Plantation as determined by the Board of Directors of the Association and as set forth in the
Master Declaration,
17. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by casualty, fire, windstorm or from any other cause must be promptly restored or all
debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris
shall be completed within three(3)months from the date of the casualty unless the ACC grants a
written extension.
18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4)
feet high from ground elevation,nor any dogwood, flowering shrub or bush,shall be cut without
the prior written consent of the ACC unless it is in the area of the Lot approved for construction
of a structure.
19. Lakes and Ponds. The use by any Owner of a lake or pond is subject to rules
and regulations of the Association,which may include prohibition of use.To the extent that all or
any portion of a lake or pond is located within a Lot,the Owner of such Lot shall be responsible
for maintaining the edge and bank of such lake or pond and for controlling erosion or
sedimentation into the lake or pond due to sormwater or other runoff from within such Lot. An
easement for drainage and maintenance is established within and around all lakes and ponds, as
described in paragraph 7 above.
20. Stormwater Management; Impervious Surface Coverage. The covenants in
this paragraph are intended to ensure ongoing compliance with the State Stormwater
156345_1.DOC - 5-
Test # 257141 Book 2112Page: 320
Management Permit issued or to be by the Department of Environment and Natural Resources,
Division of Water Quality, under NCAC 2H.1000. The State of North Carolina is made a
beneficiary of these covenants to the extent necessary to maintain compliance with the
Stormwater Management Permit. These covenants pertaining to stormwater may not be altered
or rescinded without the express written consent of the State of North Carolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality. J]&maximum pitted built=up6i#
are;Ra Lot is 7 50Q sG ar- feet. This allotted amount includes any built-upon area constructed
within the Lot property boundaries, and that portion of the right-of-way between the front Lot
line.and the edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate,coquina, driveways, and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools. Filling in,piping,
or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the
development, except for average driveway crossings, is prohibited by any persons. Filling in,
piping or altering any designated 5:1 curb outlet swale associated with the development is
prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon
area and the mean high water line of surface waters. All roof drains shall terminate at least 30'
from the mean high water mark. This project has a curb outlet system. Each designated curb
outlet Swale shown on the approved plan must be maintained at a minimum of 100'long with 5:1
(H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%,carry the flow from a
10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are
located in either the common area or a drainage or watercourse easement as shown on the Plat.
21. Wells. All ground waters beneath the Lots are understood to be part of the
available system for disposal of treated effluent from wastewater treatment facilities. No potable
water supply well shall be constructed on any Lot. Development Co.hereby reserves, for itself,
its successors and assigns, and hereby grants to the Association and the State of North Carolina,
the right to enter upon all Lots for the purpose of groundwater monitoring, including the
installation of monitoring.wells and pumping of water, and for remediation purposes. This
paragraph is intended to ensure continued compliance with groundwater rules adopted by the
State of North Carolina and therefore may be enforced by the State of North Carolina.
22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots.
Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and
state law. No such activities shall be undertaken until the U.S. Array Corps of Engineers, and
the State of North Carolina, Department of Environment and Natural Resources, Division of
Water Quality,have been notified and all required,approvals have been obtained.
23. Waiver of and Consent to Violations. Where approval, consent or waiver rights
sir,specifically granted herein to the ACC or the Board of Directors of the Association,.the ACC
or Board of Directors, as applicable, may waive a violation of the covenant, condition or
restriction by appropriate instrument in writing. Otherwise, Reserve Development Co. may
waive any violation of the covenants, conditions and restrictions set forth herein by appropriate
instrument in writing; provided that any waiver of paragraphs 20-22 shall require the
concurrence of the State of North Carolina,Department of Environment and Natural Resources,
Division of Water Quality.
156345_1.DOC - 6-
inst 0 257141 Book 2112Page: 321
24. Term. The covenants, conditions and restrictions set forth herein shall run with
the land and shall be binding on all Owners of the Lots and all persons claiming under them
through April 18, 2021 (which is thirty years from the date the Master Declaration was
recorded), after which time such covenants, conditions and restrictions shall be automatically
extended for successive periods of ten (10) years unless terminated pursuant to a recorded
instrument signed by two thirds (2/3)of the then Owners of all property in the Development in
accordance with the requirements for termination of the Master Declaration as set forth in
Article IX, Section 3 thereof. The easements reserved herein shall run with the land subject
thereto and shall be binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land records for Brunswick County, North
Carolina. Any termination of paragraphs 20-22 shall require the concurrence of the State of
North Carolina,Department of Environment and Natural Resources,Division of Water Quality.
25. Amendment. Reserve Development Co. may unilaterally amend any of the
covenants, conditions, restrictions and easements set forth herein so long as it still owns any
portion of the Development or Additional Property,.and so long as the amendment has no
material adverse effect upon any substantive right of any Owner. No amendment required by
any state or federal agency or to correct obvious typographical or drafting errors or
inconsistencies shall be deemed material. Otherwise, the covenants, conditions and restrictions
set forth herein(but not the easements)may be amended only by the affirmative vote or written
consent,or any combination thereof,of members of the Association representing two thirds(2/3)
of the total votes of each Type of Membership; provided that any such amendment prior to
April 18, 2021 shall require the written consent of Reserve Development Co. Any amendment
must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence
of the State of North Carolina, Department of Environment and Natural Resources, Division of
Water Quality.
26. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, St. James Development Co., Reserve Development Co., the Association, and
their respective successors or assigns, and each Owner of property in the Development, shall
have the right to enforce, by a proceeding at law or in equity, the covenants, conditions and
restrictions set forth herein,against any Person violating or attempting to violate the same,either
to restrain the violation or to recover damages. Failure by St. James Development Co., Reserve
Development Co., the Association, or any Owner to enforce any provision hereof shall in no
event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have
the right to enforce paragraphs 20-22 hereof.
27. Successors and Assigns. The rights of Reserve Development Co.hereunder shall
inure to the benefit of its successors and assigns if so specified by Reserve Development Co. in a
recorded instrument;provided,that this requirement of designation in a recorded instrument shall
not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar
means,to any portion of the Development owned by Reserve Development Co.
28. Severability. Invalidation of any provision hereof by court order shall in no way
affect any of the other provisions hereof,which shall remain in full force and effect.
156345_1.DOC -7
Inst # 257141 Book 2112Page: 322
IN WITNESS WHEREOF, St. James Development Co. and Reserve Development Co.
have caused this instrument to be duly executed as of the day and yea_x first above written. First
St. James,Inc.joins in this instrument for the sole purpose of consenting to the annexation of the
Property into the Development, as required by the Partial Assignment of Declarant's Rights to
St.James Development Co.
St.James Development Co.,LLC
By:
ohn A.Atkinson,Jr.,Authorized Agent
Reserve Development Co.,LLC
By its Manager,Annapolis Management Co.,LLC
By: G t
ohn A.Atkinson,Jr.,Manager
First St.James,Inc.
By. '�' er--
A.Atkinson,Jr.,Vice President
NORTH CAROLINA
BRUNSWIC COUNTY
I, a Notary Public of said County and State, certify
that JO . ATKINSONQR. personally appeared before me this day and acknowledged that
he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited
liability company, and further acknowledged the due execution of the foregoing instrument on
behalf ofthe company.
WITNESS my hand and official seal,this the /Q day of AIAAk ,20
(Notary Seal)
Mry�
�,a` SNq; Notary Publ
My Commission Expires: .. � 8
r, 0L-
�°
a`�E�" nFaen:a'"
156345_1.DOC _$
Inst # 257141 Book 271 -9e: 323
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
0 I, a Notary Public of the County and State aforesaid,
certify tfiat JOHN A. ATKI1%8ON, JR. personally appeared before me this day and
acknowledged that he is Manager of Annapolis Management Co.,LLC,a North Carolina limited
liability company, which is the Manager of RESERVE DEVELOPMENT CO., LLC, a North
Carolina limited liability company,and further acknowledged the due execution of the foregoing
instrument on behalf of and as the act of each company.
WITNESS my hand and official seal this the <8" day of "Z �.20qy"
[Notary Seal]
Notary Publ
My commission expires: A0 W
ARV
. aea
NORTH CAROLINA
BRUNSWICK COUNTY
I, a Notary Public of said County and State, certify
that JO A.ATKINSON, personally came before me this day and acknowledged that he is
a Vice President of FIRST ST.JAMES,INC., a corporation,and that he as Vice President,being
authorized to do so,executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal,this the day of W 200t�-.
(Notary Seal) ,e0, eNU11O„����,'
' +.glyi= Notary Publt
O� to S
0
My Commission Expirdsa�
G Q �$
r. NG ee
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK DAWN BOLING
The Foregoing(or annexed)Certificate(s)of
Notary(ies)Public is(are)Certified to be Correct. 24th March 2005
This Instrument was filed for Registration on this Day of ,
in the Book and page shown on the First Page hereof.
Roia&T J.R INSON,Register of Deeds
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Brunswick County- ilegister of Deeds Robert J. Robinson
Inst #25051.1. Hook 2087page 31
02/09/2005 05:24:07p„s Rec# ,L,-�,,�433 Rt;7 m
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Amendment to Master Declaration and
Declaration of Restrictive Covenants and Easements
for St. James Plantation, The Reserve
Wyndmere Neighborhood Lots 27-32
NORTH CAROLINA-BRUNSWICK COUNTY
THIS AMENDMENT AND DECLARATION is made as of February Q 9 , 2p05, by
St.James Development Co., LLC, a North Carolina limited liability company ("St. James
Development Co.-).
WITNESSETH:
WHEREAS, St. James Development Co. owns certain property located in Brunswick
County, North Carolina, and more particularly described as follows:
All of the Property shown on that plat of St. James Plantation, The Reserve,
Wyndmere Neighborhood, Lots 27 32, recorded in. Map Cabinet
Page Lf
Q� ,Brunswick County Registry(said plat is hereinafter referred to as
the "Plat" and the property shown on the Plat is hereinafter referred to as the
"Property" and the numbered lots shown on the Plat are hereinafter referred to
individually as a"Lot"and collectively as the"Lots'j.
WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions for
St. James Plantation is recorded in Book 839, Page 453, Brunswick County Registry (together
with all amendments thereto recorded in accordance with the provisions thereof, the "Master
Declaration's(unless otherwise defined herein, all terms defined in the Master Declaration shall
have the same meanings in this Amendment and Declaration);
WHEREAS,the Master Declaration provides that a Declarant may annex additional .land
into the Development, and the original Declarant has assigned that right with respect to certain
. James Development Co. pursuant to that Partial Assignment
of Deelarant's Rights recorded in Book 1178,Page 529,Brunswck Count Re is
land, including the Property, to St
Y g try
154428_1.DOC Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM)
(Without Title Examination)
rnst 1250511 Book 2087page. 32
WHEREAS,the Master Declaration establishes certain covenants,conditions,restrictions
and easements running with the land located in the Development, including provisions setting
forth certain functions and duties of St. James Plantation Property Owners Association, Inc. (the
"Association") and its Architectural Control Committee (the "ACC"), and easements and other
rights reserved by Declarant;
WHEREAS, St. James Development Co. has determined to annex the Property into the
Development and subject the Property to the provisions of the Master Declaration, and St. James
Development Co. also desires to subject the Lots to certain additional covenants, conditions,
restrictions and easements for the purpose of protecting the value and desirability thereof. and of
other adjacent properties.
NOW, THEREFORE, St. James Development Co. hereby declares that the Property is
annexed into the Development and shalt be held, sold and conveyed subject to the covenants,
conditions, restrictions and easements contained in the Master Declaration, and to the following
additional covenants, conditions, restrictions and easements, all of which shall run with the land
and be binding upon every Person having any right, title or interest in such land or any part
thereof,their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
1. Land Use. The Lots shall be used for single-family residential purposes only.
The operation of any business or commercial enterprise upon any Lot is expressly prohibited;
provided, however, that a Lot may be used as a temporary sales office and/or model with the
prior written consent of St. James Development Co.
2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary
lines changed without the prior written consent of St. James Development Co. St. James
Development Co. expressly reserves to itself the right to resubdivide or change the boundary
lines of any Lot or Lots owned by St. James Development Co. A combined Lot may be created
by (i) St. James Development Co. replatting any two or more Lots, or n an Owner acquiring
two or more adjacent Lots, without replatting, followed by the construction thereon of a single
dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any
setback requirements. Each combined Lot shall be considered a single Lot for assessment and
voting purposes as contained in the Master Declaration when (i) replatted, or (ii) the single
dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by
the appropriate governmental authorities. The covenants, conditions, restrictions and.easements
set forth herein shall apply to each Lot so created, except that the provisions creating easements
for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a
combined Lot(unless an easement is specifically shown on the affected Lot or Lots on the Plat,
in which case a release must be obtained from the party or parties with rights to such easement).
3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon
any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or
nuisance to any person whomsoever.
4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if
the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph,
the area to be included in the determination of the total number-of heated square feet shall be all
154428_1.DOC -2 _
Inst: ll 250511 Book 2087Page: 33
interior areas within the roof line of the dwelling, excluding open porches, terraces and like
areas; provided, however, that up to 200 square feet of this minimum requirement may be
provided by covered porches, so long as the roof of such porches forms an integral part of the
roof line of the main dwelling.
5. Architectural Control. No dwelling shall be erected or allowed to remain on
any .Lot unless the construction of such dwelling is substantially performed on the Lot. No
mobile home, manufactured home or modular home shall be erected or allowed to remain on any
Lot. As more particularly provided in the Master Declaration, all proposed improvements,
alterations and landscaping on any Lot must be reviewed and approved by the ACC prior to
commencement of any construction. Once construction of a dwelling has been commenced, it
must be complete and ready for occupancy within twelve (.12) months. Weather permitting, all
landscaping shall be finished upon completion of the dwelling, but in no event later than ninety
(90) days after the date the dwelling is occupied. Upon written request of the Owner and for
good cause shown, the ACC may, in its sole and absolute discretion, extend the time for
construction. No dwelling shall be occupied until it has been substantially completed in
accordance with the approved plans and specifications, as evidenced by a certificate of
completion issued by the ACC.
6. Building Setback and Placement. So that the maximum balance of view,
privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures
will be located with regard to the topography of each individual Lot, taking into consideration
the location of trees on each Lot and similar factors, the ACC reserves the right to determine, in
its sole discretion,the location of any dwelling or other structure on any Lot;provided, however,
that the following shall be minimum standards unless expressly waived in writing by the ACC
(and permitted by the applicable zoning ordinance):
(a) A dwelling shall not be erected or allowed to remain facing in any direction
except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street
upon which said Lot has the least frontage.
(b) No dwelling or other structure shall be erected or allowed to remain on any Lot
nearer to any property line than the minimum setback lines shown or described on the Plat.
7. Easements. St. James Development Co. hereby reserves for itself, its successors
and assigns, and hereby grants to the Association, its successors and assigns (the rights of St.
James Development Co., the Association, and their respective successors and assigns to be
coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots
along all property lines,measured five (5) feet from.the front and side property lines,five(5) feet
from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from
the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for
pathways on all Lots along all property Iines abutting a street, measured fifteen(15)feet from the
property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be
permitted by the Association, all subject to rules and regulations of the Association; (iii)
easements for drainage and maintenance within-and around all lakes and ponds, for a distance of
fifteen(15) feet measured outward from the edge of the lake or pond(see paragraph 1.9 below for
additional provisions regarding lakes and ponds); and(iv)other easements as shown or described
154428_1.DOC -3
Inst it 2505.0 Book 2087Pages. 34
on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,
utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the
Plat, together with the right of ingress and egress over and upon such easements for such
purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as
possible with the use of the Lots by the Owners thereof Easements for drainage facilities,
utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to
prohibit a driveway crossing.
& No 'Temporary Structures. Except during construction, and subject to approval
by the ACC, no structure of a temporary character shall be erected, placed or allowed to remain
on any Lot, nor shall any building materials be stored on any Lot. No garage or other accessory
building erected on any Lot shall be used as a residence,either permanently or temporarily.
9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or
through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the
prior written approval of the ACC. Except as required by law, no billboards,posters or signs of
any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or
allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i)
a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such
Lot by a licensed contractor,the design of which must be approved by the ACC.
10. Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot except that dogs,cats or other household pets may be kept or maintained,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained in compliance with all applicable laws and ordinances.
11. Outside Antennas and Satellite Dishes.
No eerected o al owed to rede radio or television tain on
satellite dishes, satellite earth stations or similar devices shall be
any Lot, except as permitted by the Design Guidelines adopted by the ACC,as amended.
12. Boats,'Trailers and Certain Motor Vehicles.
(a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational
vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four
(24)hours on any Lot in such a manner as to be visible from the street; provided, however, such
boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door
closed. Violators may have their boats or vehicles towed by the Association at the owner's
expense.
(b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four
(24)hours on any Lot in such a manner as to be visible from the street;provided, however, such
Violators may have their vehicles towed by the Association at the vehicle owner'vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed.
s expense.
(c) No boat, trailer, or vehicle of any type shall be stored, either permanently or
temporarily, on any Lot prior to completion and occupancy of the dwelling on such.Lot.
154428 1.DOC _4_
Inst # 250511 Book 2087Page: 35
(d) The Board of Directors of the Association; in its sole and absolute discretion, may
provide a limited waiver of the requirements contained in subparagraphs (a) and (b)'above for
good cause shown.
13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James
Plantation in accordance with all laws of the State of North Carolina and any rules and
regulations that may be imposed by the Association. No ,off the vehicles of any type,
road" vehi
including but not limited to go carts, dirt bikes, and all terrain vehicles, shallbe operated within
St. James PIantation, except those vehicles used in the course of mitted
development within St.James PIantation, or used for golf course or related purpo oenstruction and
14. Storage Receptacles. The placement and maintenance of fuel storage tanks and
outdoor receptacles for ashes,trash or garbage shall be governed by the ACC.
15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or
similar structure shall be placed on any Lot unless screened in such a manner that it is not visible
from any street,recreational area or adjoining property.
16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of
debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a
reasonable and prudent manner harmonious with that of other property within St. James
Plantation as determined by the Board of Directors of the Association and as set forth in the
Master Declaration.
17. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by casualty, fire, windstorm or from any other cause must be promptly restored or all
debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debri s
shall be completed within three(3)months from the date of the casualty unless the ACC grants a
written extension.
18. Removal of Trees. No living tree four (4) inches or over in calf
feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cutfw bour out
the prior written consent of the ACC unless it is in the area of the Lot approved for construction
of a structure,
19. Lakes and Pond& The use by any Owner of a lake or pond is subject to rules
and regulations of the Association, which may include prohibition of use. To the extent that all or
any portion of a lake or pond is located within a Lot,the Owner of such Lot shall be responsible
for maintaining the edge and bank of such lake or pond and for controlling erosion or
sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An
easement for drainage and maintenance is established within and around all lakes and ponds, as
described in paragraph 7 above.
20. tormwhter Man ement Impervious Surface Coverage. The covenants in
this paragraph are intended to ensure ongoing compliance with the State Stormwater
Management Permit issued or to be by the Department of Environment and Natural Resources,
Division of Water Quality, under NCAC 214.1000. The State of North Carolina is made a
beneficiary of these covenants to the extent necessary to maintain compliance with the
154428_1.DOC _ 5 _
Inst # 250511. Book 2087page: 36
Stormwater Management Permit. These covenants pertaining to stormwater
or rescinded without the express written may ered
consent of the State of North Carolina,�Divis ot be tn of
Water Quality. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water uali _
area tier .nf is iFiotlA,-sees Q ty. �1 3tt8.�(Lm��.m nPrrr,itt�a
Lot 29 9,000 square feet
All other Lots 7,500 square feet
This allotted amount includes any built-upon area constructed within the Lot property
boundaries, and that portion of the right-of-way between the front Lot line and the edge of the
Pavement, Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, coquina, driveways,and parking areas,but does not include raised o
pen wood
decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated
conveyances (ditches, swales, etc.) associated with the development,driveway crossings, is prohibited by any persons. except for average
Filling in, piping or altering any designated
er must be maintain
5:1 curb outlet Swale associated with the development is prohibited by any persons. A 30'
vegetated buffed between all built-upon area and the mean high water line of
surface waters. All roof drains shall terminate at least 30' from the mean.high water mark. This
project has a curb outlet system. Each designated curb outlet Swale shown on the approved plan
must be maintained at a minimum of 100, long with 5:1 (H:V) side slopes or flatte
manner, and maintain a dense vegetated cover. Such swales are loc r, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in anon-erosive
ated o either the com
area or a drainage or watercourse easement as shown on the Plat. mon
21. WeDs. All ground waters beneath the Lots are understood to be part of the
available system for disposal of treated effluent from wastewater treatment facilities. No potable
water supply well shall be constructed on any Lot. St. James Development Co.hereby rves,
re North
for itself; its successors and assigns, and hereby grants to the Association and the State a North
Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including
the installation of monitoring wells and pumping of water, and for remediation purposes. This
Paragraph is intended to ensure continued compliance with groundwater rules adopted by the
State of North Carolina and therefore may be enforced by the State of North Carolina.
22• Wetlands. Jurisdictional wetlands may be present on portions of the Lots.
Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and
state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and
the State of. North Carolina, Department of Environment and Natural Resources, Division of
Water Quality,have been notified and all required approvals have been obtained.
23• Waiver of and Consent to Violations. Where a
are s ecif�call approval, consent or waiver rights
P y granted herein to the ACC or the Board of Directors of the Association, the ACC
or Board of Directors, as applicable, may waive a violation of the covenant, condition or
restriction by appropriate instrument in writing. Otherwise, St. James Development Co. may
waive any violation of the covenants, conditions and restrictions set forth herein by appropriate
instrument in writing; provided that any waiver of paragraphs 20-22 shall require the
154428_1.DOC - 6-
Inst # 250SU Book 2087Page: 37
concurrence of the State of North Carolina, Department of Environment and Natural Resources,
Division of Water Quality.
24. Term. The covenants, conditions and restrictions set forth herein shall run with
the land and shall be binding on all Owners of the Lots and all persons claiming under them
through April 18, 2021 (which is thirty years from the date the Master Declaration was
recorded), after which time such covenants, conditions and restrictions shall be automatically
extended for successive periods of ten (10) years unless terminated pursuant to a recorded
instrument signed by two thirds (2/3) of the then Owners of all property in the Development in
accordance with the requirements for termination of the Master Declaration as set forth in
Article.IX, Section 3 thereof.. The easements reserved herein shall run with the land subject
thereto and shall be binding on all owners of such land and all Persons claiming under them,
except to the extent that the Person or Persons having rights to an easement have released such
rights pursuant to an instrument recorded in the land recorrJ
. Any terminatio s for Brunswick County, North
Carolina of paragraphs 20-22 shall require the concurrence of the State of
North Carolina,Department of Environment and Natural Resources,Division of Water Quality.
25. Amendment St. James Development Co. may unilaterally amend any of the
covenants, conditions, restrictions and easements set forth herein so long as it still owns any
portion of the Development or Additional Property, and so long as the amendment has no
material adverse effect upon any substantive right of any Owner. No amendment required by
any state or federal agency or to correct obvious typographical or drafting errors or
inconsistencies shall be deemed material. Otherwise, the covenants, conditions and restrictions
set forth herein(but not the easements)may be amended only by the affirmative vote or written
consent, or any combination thereof, of members of the Association representing two thirds(2/3)
of the total votes of each Type of Membership; provided that any such amendment prior to
April 18, 2021 shall require the written consent of St. James Development
must be property recorded. Any amendment of paragraphs . Co. Any amendment
shall require the
of the State of North Carolina, Department of Environment and Natural Resources, Divisionnce of
Water Quality.
26. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, St. James Development Co., the Association, and their respective successors or
assigns, and each Owner of property in the Development, shall have the right to enforce, by a
proceeding at law or in equity, the covenants, conditions and restrictions set forth herein,against
any Person violating or attempting to violate the same, either to restrain the violation or to
recover damages. Failure by St. James Development Co., the Association, or any Owner to
enforce any provision hereof shall in no event be deemed a waiver of e th right
thereafter. The State of North Carolina shall have the right to enforce paragraphs 20- thereof.
. to do so
27. Successors and Assigns. The rights of St. James Development Co. hereunder
shall inure to the benefit of its successors and assigns if so specified by St. James Development
Co. in a recorded instrument; provided, that this requirement of designation in a recorded
instrument shall not apply to a mortgagee who acquires title by foreclos d in lieu of
ure, deeee
foreclosure or similar means, to any portion of the Development owned Development Co. St. James
154428 1.DOC - -
Inst # 250511 Book 2087Page: 38
28. Severability. Invalidation of any provision hereof by court order shall in no wa
affect any of the other provisions hereof,which steal l remain in full force and effect. y
IN WITNESS WHEREOF, St. James Development Co. has caused this instrument to be
duly executed as of the day and year first above written. First St. James, Inc. joins in this
instrument for the sole purpose of consenting to the annexation of the Pro
Development, as required by the Partial AssignmentPly into the
Development Co. of Declarant Rights to St. James
St James Development Co.,LLC
By: G
ohn A.Atkinson, Jr.,Authorized Agent
First St.James,Inc.
By��ohn
C'�
A. Atkinson,Jr., Vice President
NORTH CAROLINA
BRUNS COUNTY
I,
that JOHN A. ATKINSON a Notary Public of said County and State, certify
he is an Authorized Agent of ST. JAMESIDEVELOPMENT CO.,LLC, a North Carolinaliappeared before me this day and t
that
ed
liability company, and finther acknowledged the due execution of the foregoing instrument on
behalf of the company.
WITNESS my hand and official seal, this the I' day of 201=
(Notary Seal)
"N1'19f Notary
My Commission Expires: No
; � N
s
'Z G a
jK'�rir.1.►i!N� NIIp�
11iAl1
154428_1.DOC 8
NORTH CAROLINA Inst # 250SU Book 2087page: 39
BRUNSWICK COUNTY
I,
oaelic of C certify
ounty JOHNA ,N naycambef m this day and acknowledged t and hat he is
a Vice President of FIRST ST.JAMES, INC.,a corporation,and that he as Vice President, being
authorized to do so,executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal,this the day of
(Notary Seal)
+>4�\`t7 ri
r�
�Noary Public
My Commission Expires: M o
p P"v Vo
G +
STATE OF NORTH CAROLINA
COUNT'OF BRUNSWICK _ r
The Foregoing(or annexed)Certificate(s)of
Notary(ies)Public is(are)Certified to be Correct. /
This Instrument was filed for Registration on this Day of
in the Book and page shown on the First Page hereof. ,
RO E J.R ON,Register of Deeds
154428_1.DOC _ 9 _
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ST JAMES PLANTATION 9102SS4794
11f0Sf03 02:21pm P. 001
S-T JAMES PLANTATION
PO BOX 10879
SOUTHPORT , NC 28461
910 - 253 - 4739
FAX 910 - 253 - 4794
FACSIMILE TRANSMITTAL SHEET
TO• FROM:
COMPANY: DATE:
FAX NUMBER: TOTAL-NO. OF PAGES INCLUDING
�jC� 21�0 COVER:
PHONE NUMBER: SENDER'S REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER:
❑URGENT FOR REVIEW ❑PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RECYCLE
ST JAMES PLANTATION 9102SS4794
11Z06r09 02121pm P. 002
Mark Brambell
From: David A Hollis [dhollisca ececpa.com]
Sent: Wednesday, October 15, 2003 3:33 PM
To: Mark Brambell
Subject: FW:The Paladin Club, Phase 3
Laurie.Munn. Deed
vcf(418 8) :ions2.doc(2•
Mark,
This is an email I received from Laurie Munn. I have attached revised proposed deed
restrictions. If_ you will print it out, get it signed, and fax it to Laurie Munn @ 350-
2004, she will issue the permit. The proposed deed restrictions just cover the basics of
what she needs, and will make it easier for her to write the permit.
Thanks,
Hollis
-----Original Message-----
From; Laurie Munn [mailto:Laurie.Munn@ncmail.net]
Sent: Tuesday, October 14, 2003 12:13 PM
To: David A. Hollis
Subject: The Paladin Club, Phase 3
The resubmittal. for The Paladin Club, Phase 3 looks fine, .but the deed restrictions are
for The .Reserve, Section 7. Is this the same area? The restrictions need to say the
correct name of the development and reference the correct permit number, SWB 030818. We
only need this information in draft form. Please have the owner fax over the revisions.
Be only needs to fax the revised pages, p. 1, 5, 6.
The permit is ready for issuance once this information is .received.
Thanks,
Laurie
1
ST JAMES PLANTATION 9102SS4794 11106/03 02:21pm P. 003
PROPOSED
DEED RESTRICTIONS AND PROTECTIVE COVENTANTS
For
THE PALADIN—PHASE 3
ST.JAMES PLANTATION
LOTS 1 -215
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Pertn.it Number SW8 030818 as issued by the Division of Water Quality under
NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina,Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built-upon area per lot is 10570 square feet for Lots 1 — 215. This
allotted amount includes any built-upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
and coquina, built does not include raised, open wood decking,or the water surface of swimming
pools.
7. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossing, is strictly prohibited by any persons.
8. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
waters.
9. All roof drains shall terminate at least 30' from the mean high water mark of surface waters.
10. "Lots within CAMA's Area of Environmental Concern may have the permitted maximum built-
upon area reduced due to CAM jurisdiction with the AEC."
11. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
12. This project proposes a curb outlet system. Each designated curb outlet swale shown on the
approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or
flatter, have a. longitudinal slope no steeper than 5%, carry the flow from a 10-year storm in a
non-erosive manner,and maintain a.dense vegetated cover.
Signature of Owner
Date r�� _
- A
East Coast
Engineering Company, P.A.
Consulting Engineers 4918 Main Street
Fax: 910.754.8049 Post Office Box 2469
Office: 910.754.8029 Shallotte,NC 28459
Thursday, April 14, 2005
Mr. Cary Beecher
NCDENR
Division of Water Quality
127 Cardinal Drive Ext.
Wilmington,North Carolina 28405
Re: St. James Plantation : The Paladin Club-Phase 3 G&Z
SW 8 030818—Permit Modification
Dear Mr.Beecher:
We proposing a modification to the existing low-density stormwater permit for Phase 3
of the Paladin Club at St. James Plantation. We have added two areas, totaling 18.39
acres, which were not included,in the original Phase 3 permit. Both of these areas are
labeled on the revised plans as"Additional Phase 3 Areas."
Enclosed as part of this submittal are the following items:
1. Two sets of revised plans,
2. One original and one copy of the executed Stormwater Management Permit
Application Form, the Curb Outlet System Supplement, and the Low
Density Supplement,
3. Calculations,and
4. A check for$420 for the application fee.
Should you have any questions or desire any additional information, please do not
hesitate to call our office.
Sincerely,
4�2 1 �-�,"`.`' r
CP,"VEILDavid B. Bowman,P.E. APR 1 9 20:05
President -SAID30$l$�!0
East Coast Engineering —"
Company,PA
pc: Mark Brmnbr-}l: St. Jarws,Plantation
File: 96-110G.25(St. .Tames Plantation—Paladin 3)
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CURB AND GUTTER ANALYSIS FILE: S:1WQS%C&G1080818
PROJECT NUMBER: 030818 DATE: 22Sep-03
PROJECT NAME: St.James Plantation-Phase 3
RECEIVING STREAM Beaver Dam Creek CLASS: C Sw
DRAINAGE BASIN: Cape Fear INDEX 18-68-12-10
A=BY+MY I,Infnr= 7
P=B+ZY (1+MA2)A0.5 rl= 0.027
R=aP M= 5
FLOWRATE/VELOCITY COMPUTATION Q=CIA -.05 V=Q/A
Swale# DA BUA C Q Slope Velocity
acres acres Ll (fvft) (f-)
1 10.19 5.34 0.61 43.42 0.005 3.29
2 4.91 2.84 0.65 22.38 0.005 2.68
3 3.98 2.21 0.63 17.64 0.005 2.54
4 1.11 0.67 0.67 5.21 0.006 1.65
5 2.07 1.09 0.61 8.85 0.005 2.18
6 2.27 1.19 O.B1 9.68 0.005 2.38
7 1.84 0.97 0.61 7.87 0.005 2.08
8 2.17 1.15 0.81 9.32 0.005 2.29
9 2.3 1.13 0.58 9.39 0.005 2.21
10 2.24 1.18 0.61 9.58 0.005 2.25
11 3.21 1.97 0.68 15.25 0.005 3.46
12 0.77 0.53 0.74 3.97 0.005 2.21
13 2.83 1.59 0.64 12.64 0.005 3.61
14 0.92 0.64 0.74 4.78 0.005 2.39
15 1.68 1.02 0.67 7.92 0.005 2.88
16 2.93 1.46 0.69 12.07 0.005 3.44
17 0.86 0.52 0.67 4.04 0.005 2.25
18 0.79 0.53 0.72 4.00 0.005 2.23
19 1.36 0.99 0.77 7.31 0.005 2.91
20 0.79 0.55 0.74 4.11 0.005 2.38
21 1.36 0.58 0.53 5.07 0.005 2.54
22 2.45 1.44 0.66 11.29 0.005 3.39
23 1.48 0.85 0.65 8.71 0.005 2.84
24 3.2 1.95 0.68 15.13 0.005 3.52
25 2.51 1.47 0.66 11.54 0.005 3.46
NORMAL DEPTH COMPUTATION
SWALE# B Y A P g Zav Zrea
1 5 1.2 13.20 17.24 0.77 11.05 11.13
2 7 0.77 8.35 14.85 0.56 5.89 5.74
3 5 0.78 6.94 12.95 0.54 4.58 4.52
4 3 0.65 3.18 8.61 0.37 1.62 1.34
5 3 0.65 4.06 9.63 0.42 2.29 2.27
6 3 0.65 4.06 9.83 0.42 2.29 2.48
7 3 0.62 3.78 9.32 0.41 2.07 2.02
8 3 0.65 4.06 9.63 0.42 Z29 2.39
9 3 0.67 4.25 9.83 0.43 2.43 2.41
10 3 0.67 4.26 9.83 0.43 2.43 2.45
11 4 0.62 4.40 5.24 0.84 3.92 3.91
12 3 0.37 1.79 3.74 0.48 1.10 1.02
13 3 0.6 3.60 4.20 0.86 3.25 3.24
14 3 0.4 2.00 3.80 0.53 1.30 1.23
15 3 0.5 2.75 4.00 0.69 2.14 2.03
18 3 0.59 3.51 4.18 0.84 3.12 3.09
17 3 0.37 1.79 3.74 0.48 1.10 1.04
18 3 0.37 1.79 3.74 0.48 1.10 1.03
19 3 0.47 2.51 3.94 0.64 1.86 1.87
20 3 0.36 1.73 3.72 0.46 1.04 1.05
21 3 0.4 2.00 3.80 0.53 1.30 1.30
22 3 0.57 3.33 4.14 0.81 2.89 2.89
23 3 0.45 2.36 3.90 0.61 1.69 1.72
24 4 0.61 4.30 5.22 0.82 3.78 3.88
25 3 0.57 3.33 4.14 0.81 2.89 2.96
GRASS COVER SPECIFIED ON PLANS:
ALLOWABLE VELOCITY,fps,for slopes 0%-6%,easily erodible soil:
Bermuda 5 Bluegrass 4.5
Fescue 4.5 Legume 3.5
Bahia 4.5
COMMENTS