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HomeMy WebLinkAboutSW8010803_HISTORICAL FILE_20090114STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW� DOC TYPE ❑CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE- YYYYMMDD 4y� K OF WATER Michael F. Easley, Governor mod? QG William G. Ross Jr., Secretary Norh Carolina Department of"i nvironment and Natural Resources p "C Coleen H. Sullins, Director Division of Water Quality WATER QUALITY SECTION STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: sw�_._g1.0903 - Marsh Oakg, Sect-- IT Permit Holder's Name: Hunter Development Corporation - 3. Signing'Official's Name: 4. Mailing Add City: Title: vice-president legally responsible;ttir'permit) State: NC Zip: 295.40 Phone: {91 o) 5777-144 /' Fax: W q II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is�for: (please check all that pa pl.y) xa. Change,in ownership of the property/compan y.(PIease complete Items #2, #3, and #4 below) Name change of project (Please complete Item #5`�low) c\'OtIl Mailing address change. (Please complete Item #4 below) d(please explain): \\�� U \\ 2. New o\ ner's name to be put on permfirt: =Marsh Oaks at sC �Marr C.s.A. 3. New owle is signing official's name an�d�tle sterling Osb�rn�e, Title: Pres \ t 4. New Mailing Address: P.O`Box 125421 u City: Jacksonville State: ntc Zip: 28546 Phone: (91 d 376-0713 v Fax: } O/A 5. New Project Name to be placed on permit: N/A JAN 14 2009 BY: Ownership/Name Change-0$0808 Page 1 of 3 *, PERMIT NAME/OWNERSHIP CHANGE FORM r THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A C AN E OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, Michael G. Tuton , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: ►'`' Date: New Applicant's Certification: (Must be completed for all transfers of ownership) 1, s n , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all requireq parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: Z Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-080808 Page 2 of 3 STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION: '/s1 �S � REVIEW TIME 1 DATE: NAME: �= H �'E i 1 I J EMAIL: C, P am% �° C�n� m ca r , Coo REPRESENTING: CA rrls PHONE: o ^ �3 ql 13 _3 Guidelines for Access_ The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. _Appointments will be scheduled between 9:00am and 3:OOpm. Viewing time ends at 4A5pm. Anyone arriving without an appointment may view the lilies to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time. will be limited to five. 3. You may make copies of a file when the copier is not use by the staff and if time permits. Cost per copy is $.05 cents.- Payment may be made by. check, money order, or cash at the_receptiou desk. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. .`; .<.`; Necessary large plan copies can be scheduled with Cameron,Weaver@iicdenr.gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written Questions may be left with Ehis completed formtiand'a staff:me __fiber _will be in.coritact with you IF yoYi'pro�vide your'contact infornisEion whereindicated above: 6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY if 2. d2. 3. ODa3"i� / O_>< 1`� 4. n ) � 13 Signature and Name of Firm/Business Date Time In Time Out COPIES MADE PAID .INVOICE 0:/ADN1/Shared/File Review Access Form rev 2018 STORMWATER NARRATIVE MARSH OAKS, SECTION II AT BRYNN MARR PERMIT MODIFICATION Marsh Oaks Section II is a partially constructed multi -family residential development in Jacksonville. Stormwater treatment is by four wet ponds. Because of topography and the desire to avoid deep swales within lots, a portion of the adjacent Bay Meadows Section IV development (owned by the same developer) will drain into the stormwater pond 44. Bay Meadows IV is being developed as a low density subdivision. This modification enlarges pond 44 to accommodate the off -site drainage from Bay Meadows IV. RECEIVED APR 2.5 2003 DWQ PROD # �Q olo,?03 c3 : grmlmarshoaks I I . swater. narrative POST OFFICE BOX 1066 JACKSONVILLE, NC 28541 March 19, 2009 Mr. David Cox NCDENR-Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Marsh Oaks at Brynn Marr, Section 1 and II Storm Water Project No. SW8010803, SW8000517 Dear Mr. Cox Plan of Action: 1. Remove trash and debris. 2. Re -seed and repair slopes of pond. 3. Mow grass that has overgrown. 4. Remove accumulated sediment. 5. Remove overgrown vegetation. • 910-577-1441 Based on the scope of work to be done, our projected completion date will be May 31, 2009. Thank you for your lime and patience on this matter. Please feel free to contact us if you have any questions or need more information. Sincerely, S)'n� - S. Troy uton, Owner STTlst 'CJ& � MAR 2 3 2d49 g,Y: State Stormwater Management Systems Permit No. SW8 010803 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH 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 Hunter Development Corporation Marsh Oaks, Section !I @,Brynn Marr Onslow County FOR THE construction, operation and maintenance of four (4) wet detention ponds 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. This permit shall be effective from the date of issuance until March 20, 2012 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 on page 3 of this permit, the Project Data Sheet. The four stormwater controls have been designed to handle the runoff from 71,973 ft2, 79,626 ftz, 72,633 ft2, and 60,548 ft2, respectively, of impervious area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to n/a. 5. 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 of this project must be directed into the permitted stormwater control system. J State Stormwater Management Systems Permit No. SW8 010803 II. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times 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 revegetation of side slopes and vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of side 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. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will not be allowed in the stormwater treatment system. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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. 8. 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. 9. 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 any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. 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 Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 4 IN State Stormwater Management Systems Permit No. SW8 010903 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The permittee shall notify,the Division of any name, ownership or mailing address changes within 30 days. 13. Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 14. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 15. 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 submita 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 This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the 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. Responsibility for compliance with all permit conditions remains with the Permittee until such time as the Division approves the formal permit request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the•Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. 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. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. 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, 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit issued this the 20th day of March, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Gregory J. Thorpe, Ph.D.,,Acting Director Division of Water Quality By Authority of the Environmental Management Commission STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIR0 Regional Office FILE ACCESS RECORD. SECTION SWP DATE/TIME NAME n1 e_ f64.)" Ird REPRESENTING Guidelines for Access: The staff of the Pegional Office is dedicated to ?raking public records in our custody readily available to the public -for review and copying_ We also have the responsibility to the public to safeguard these records and to carry out our day-to-day. program obligations, Please read carefully the following before signing the form; 1 : Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3,-00 -m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You. must specify files' you want to review by facility name or incident number, as appropriate. The number of files that you may. review at one appointment will be limited to five. _. .. _ - . 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases-, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME Yyggg L:;,nlcs 5­3' 0c)Q517 y610 03 4 5 Signature/Name'of rirm or Business Date (Please attach business caul to form if available) # Copes: 6 Amt. Pd: COUNTY rJ S J 10,30 11�C 5S Time In. Time Out PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax: (910) 455-3441 April 6, 2009 Mr. David Cox NCDENR — DWQ- Stormwater 127 Cardinal Drive Extension Wilmington, NC 28405-3845 � �'� RE: Marsh Oaks, Section II at Brynn Marr Stormwater No- SW80005 i 7 Certification of Completion Onslow County, NC Dear Mr. Cox: This letter is in response to your Notice of Inspection Letter, dated March 12, 2009, stating that the Engineer's Certification for the pond had not been issued. We researched our files and';e>>nd that we did inspect Ponds #1 and #2 of Marsh Oaks Section I when they were constructed, in June thru A,.PLiSt } 2000, and they were constructed correctly. Therefore, ( have signed the Certification form. See the attached Executed Certification form and Checklist form from the Permit. I Also, concerning Marsh Oaks Section II, Permit SW8010803, we found the Engineer's Certification for Ponds 1, 2 & 3, however, we have not found any evidence of Pond #4 being inspected. The Design & Certifying Engineer, Gordon McAdams, passed away in September 2003, and it appears the inspection of Pond 44 was never done. Our office is in the process of inspecting Pond 44 so that we can issue a certification. We should have this completed in the next two weeks. 41. addition, the Owner is in the process of taking care of the maintenance issues listed in your inspection' report. if you Imve any qu.L �StionS Orr, cod any additional infurniatiorl, plea) e call. APR 0 7 2009 BY: Sincerely, IN T , INC. xc: Mr. Michael Tuton (w/encl.) CIF (P), LAM TMS/rmh c 2 A'M S.Cox.MarshOaksl1. Desi gnCert.4.6.09 EMAIL ADDRESS: TEXT NIESSAGES TO: nailextnbizeexr.com MAPS AND PLANS TO: PyidrnftQbizcc.rr.cqrn + ENVIRONMENTAL ENGINEERING + STORNIWATER, WATER AND WASTEWATER SYSTEMS + FEASI m,rry AND DEVELOPMENT CONSULTING + GLOBAL POSITIONING SURVEYS + SUBDIVISION AND CONSTRUCTION PLANS a 800 1 B3 1 PACE 356 JAN 14 2009 . Prepared by: FRANK W. ERWIN ATTORNEY P.O. Box 7205 Jacksonville; N.C. 29540 NORTH CAROLINA ONSLOW COUNTY AMENDMENT -TO MASTER DECLARATION'- Or Rg$TRICT[VE COVENANTS -OP MARSH OAKS (Section II -A] THIS AMENDMENT TOMASTER .: � DEC_ LARATION " OF 'RESTRICTIVE _. COVENANTS OF MARSH OAKS:A � 2002, b and' befween 'fIi7NTER' DEVELOPMENT'CORPOItATI 1''h day�of APRIi . . ��� T'BRYNN'MARR, made this'thc y� ON; hcrciiiaficr-callcd ' "Declarants" pursuant to North Carolina law: Whereas, HUNTER DEVELOPMENT CORPORATION has heic'tofore caused' to be- recarded a Master Dec3aratioii`of'Re`stiicfive`Covenants in Book 17I5; Page'322 and rc=recorded .. . in Book 1755, Page 57, and amended in.Book 1779,Page 1 I3; and WHEREAS, the Master Declaration as above recorded and originally publishM::-ipressly allowed additional tmacts''61parcels of laird to be inade`subject to the tei-riis arid'cbi'ditions o`f said Master Declaration; and WHEREAS; the Declarant Iias 'now cornpleted certain improveinents'oh that certain tract of ' land designated,as Section II -A, "MARSH OAKSAT BRYNN MAR R An WHEREAS, the Declararifis the owner of that certain tract or parcel`6f•larid`designateds; Section II -A, MARSH OAKS AT BRYNN MARR as shown on Exhibit A; atta' hc`6 d'Ii'ereto and by reference made a part hereof; and ERWIN, 5IMP50N & STROUD AttoraeAi P.LL.C: - Telepfione: (9164, 55-1800.:. _ 825 Gum Branch Road,'Suite 115, P. 0. Box 7206,` Jacksonville, NQ 28540' BOOK 18 31 PAGE 3 5 7 WHEREAS, the Declarant will convey the property described in Section 11-A, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all of the property described below shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terms and conditions set forth in said Master Declaration; which is declared and agreed to in furtherance of the plan €or the improvements of said property in the division thereof and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns; -and any -person acquiring or owning any interest in the -real property improvements; their Grantees, successors, heirs, executors, administrators, devisees and assigns: I. DESCRIPTION OF PROPERTY; Being all of that property.as described on Exhibit A attached hcrcto and incorporated herein by this reference as if fully set forth. 2. STORMWATER_RUNOFF (a) The following covenants' "are, intended to .ensure onboing compliance .with State Stormwater Management Permit Number SW8010803, as issued by th& Division of Water Quafity under NCAC 2H.1000. (b) The State: of: North Carolina: is .made a. beneficiary of .these covenants, to the extent nccessary;,to maintain compliance with=the storinwater ma nagcment.0crmit (c) Theser,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 Qf North Carolina,: Division of Water Quality, (e) Alteration of the drainage as spawn on the approved plan may not take pace without ihe concurrence of the State'.` l (f)�The runoff from all built -upon area on the project must be directed into the permitted stormwater control system :..:• 1 (g) Built upon area,in excess of the permitted amount will require a permtt.modificatton 3.: INCORPORATION BY REFERENCE: All of the terms, conditions, provisions and rights reserved by the Declarant.as,set forth in the Master Declaration as. recorded in Book 1715, -•.' Page 322 and re -recorded in Book 1755, Page 57, and amended in Book 1779, Page 1 l3, ONSLO W County Registry. By the submission of Section II -A ofthe property to the terms and conditions of this Declaration, the Declarant, expressly reserves.all those rights and.priyileges.as set forth. in the Master Declaration as above referred to: ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C..- Telephone: (910) 455-1800 825 Gum Branch iiaad, Suite l IS P. . Box 7206, Jacksoiiiritle; NC 28§40 2 ' - Sol 18 3 1 PAGE 3 5 8 EXHIBIT A -TO AMENDMENT.TO MASTER DECLARATION. BEING.all.of that property.as shown on. that plat entitled "Final Plat Marsh Oaks Section II -A at Bryan Marr. as recorded in Map Book42, Page 136, Onslow County;;' Registry. ERWIN, SIMPSON & STROUD Attorneys; Pi -L-.C. - Telephone: (910) 455-1800.- . k5 Gum granch Road; Suite 115, P.,O: Box 7206, Jacksonville, NC 28540 4 BOOK 1831 PABE 3 5 9 IN WITNESS WHEREOF; the parties hereto have hereunto set -their hands and seals, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized offi;'=Z& foregoing to be executed in its corporate name by its duly authorized officers ar�o be hereto affixed, all by authority of its Board of Directors, first duly given. COP.PMTE SEAL _ J `NNYY W r A EST: A st Secretary NORTH CAROLINA COUNTY OF /Lv HUNTER DEVELOPMENT CORPORATION B L - Vice President I, a Notary Public of the aforesaid County and State, do hereby certify that f:im. +. W personally appeared before me this day and acknowledged that aft is ASST. Secretary of HUNTER DEVELOPMENT CORPORATION, a North Carolina Corporation, and by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by itsy u— President, sealed with its corporate seal, and attested by himself as its ASST. Secretary. Witness my hand and notarial seal, this Z_tJ- day of AIL' ' , 2002. Notary Public My Commission Expires: ''- (D -- ZOaS' G:IDATAICLIEN r%HDC1Rc\Marsh Oaks Section II -A amd.wpd RM 165 _ revised 031802 fwe ""' WINS �gTAR1- *• om 'oy : i0Z/B0 .0011 '���h a m t tttt lioRTH WOUNX 0—Ow Cot M Laura Wane Kepes The foregoing cc"Wmt *)Of No_:Kull 31He is taro) eerolied to be �otccct 7� trnmcat r�7 „A arli regutruioa.. and recorded. td i, this oifi.. in j ___ 356 . . . a 11.05 O'cbek . a _ of 2 02 � at im a7 I Preparcd by: FRANK W. ERWIN, ATTORNEY P.O. Box 7206 . Jacksonville;. N.C., 285.40-,_-: Index in the Grantor Index: Marsh Oaks at Brynn Marr Subdivision Bryn Marr Subdivision Iiunt& Devclopinent Cbrnoratioh, - Marsh Oaks Community Scrvices Association;.Inc. NORTH CAROLINA ONSLOW COUNTY :.'::. .: .:.:..... AMENDMENT TO MASTER DECLARATION OF. -RESTRICTIVE COVENANTS nF,: `::f,._•. :`...._... .... . - ....— MARSH OAKS atBRYNN MARR (Book I715, Page 332; Rc= recorded 'in -Book 1755 :Pagc 57) . ;? - THIS AMENDMENT TO 'MASTER DECLARATION: OF`. 'RESTRIC_ TIVE COVENANTS OF MARSH OAKS AT BRYNN M ARR, made this the. fi -day:,ofAugust; 2002, by and between HUNTER . DEVELOPMENT CORPORATION; hereinafter called "Declarants" pursuant to North Carolina law: Whereas, HUNTER- DEVELOPMENT CORPORATION• has -heretofore caesed`to ,b . recorded a Master Declaration of Restrictive Covenants'in Book 1715, ' Page 332 and're-teco ded= in Book 1755, Page '57;'and amended -in Book'l 779; Page LI3, and -Book' 183 Y page 356 Onslow` • ' - - County Registry; and :.,:, •..• - - _ ERWIN, SIMPSON & 'STROUD:Attorneys; Pa. I; C.- Tclephanei (910) 455-i SoO. 825 Gum Branch Road,'Suit6 1 l5, P. O.'Bvz 7206, Jacksonville, NC 2854i1 ` " "4 Bog ; 8 9 2' PAGE 9 9 4 WHEREAS, the Master Declaration as above recorded and originally published expressly allowed additional tracts'or parcels of land to be made subject to the terms and conditions of said Master Declaration; and WHEREAS, the Declarant has now completed certain improvements on that certain tract of land designated as MARSH OAKS SECTION 11-B AT BRYNN MARR; and WHEREAS, the Declarant is the owner of that certain tract or parcel of land -designated as MARSH OAKS SECTION II-B AT BRYNN MARR as shown on Exhibit A, attached hereto and y p referencemidi a b iit here of; and�� _ . .......... ... .. ....... . . WHEREAS, the Declarant will convey the property described in Section 11-13, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens aiid:charges:sct in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all of the properly.:' described below shall be held, conveyed, hypothecated, encumbered, used; occupied 5nd:impmved ' subject to all the terms and conditions set forth in said -Master. Declaration; which is declared and, agreed to in furtherance of the plan for the improvements of said property in the division thcrco rand shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns, and any person acquiring or owning any interest in the real property improvements, their Grantees, successors, heirs, executors, administrators, devisees and assigns. 1. j7 SCRlPTION OF PROPERTY:. Bi fng'all of tfiat;property as,describH on Exhibit A attached hereto and incorporated herein by this reference as tf fully set forth_ 2. NCORPORAI ON„BY REFERENCE:`­All.of the:terms; conditions, provisions and rights reserved by the Declaimt as set forth in the Master Declaration as recorded in Book 1715, Page 332 and re-recorded�in Book:I 755; Page.57; and amended in'Book 1779, Page 1-13'. and Book :. 1831, page 356, Onslow County:Re ... try. By the submission of Seciion, 114 of -the pfopeitytd the.. . terms and conditions of this Declaration; the Declarant expressly:: reserves all those-Aghts and. privileges as set forth in the Master Declaration as above referred to. IN WITNESS WHEREOF, the parties. hereto have hereunto set their -hands. and- seals;or if. corporate, have caused. this instrument to be signed in its corporate-name.by.its duly authorized _. officers and its seal the foregoing to be executed in its corporate name by, its duly. authorized officers,., and its corporate seal to be hereto affixed, all by'authority of its Board of Directors, first duly given.. HUNTER DEVELOPMENT CORPORATION ERWIN, SIMPSON & STROUD Attorngs., P.L LC, -Telephone: (910) 455-t800: _ 825 Gum Branch Road, Suite l IS P. O: Box 7206, Jacksonville, NC 28540 i.2.:... V` 800K 1892 ME995 EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all of that property as shown on that platentitled "Final Plat Mash, Oaks Section 11-B at Brynn Mare" as recorded in Map Book 43, Page 30, Onslow County Registry: ERWIN, SIMPSON & STROUD Attdmie % P.LL C -.Telephone: {910} 455=1800 .825 Gun Branch Raad,'Suits I I5, P. O: Box 7206: Jacksonville, NC 28540 4 �i .:%, 11 Bog 1 892 PAR 996 CORPORATE SEAL V By: . f, ATTEST: $ CORP'OP�TE Asst. Secretary V NORTH CAROLINA- COUNTY OF ONSLOW I, a Notary Public of the aforesaid County and State, do hereby certify that, 67an K- 0 - �r. personally appeared before me this day and acknowledged that (s)hc is ASST. Secretary of HUNTER DEVELOPMENT CORPORATION, a North Carolina Corporation, and by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its VICE President, sealed with its corporate seal, and attested by himself as its ASST. Secretary. Witness my hand and notarial seal, this�day of August, 2002. My Commission Expires: I /y e DATAICLIENi1HDCIRCIMARCH OAKS 11-B PUD AMD(071102) RM 165 revised 082902 fwe C NOTAR UBLI P - Judy Cox NowM CAROLINA.0MLor Coon _ Tho forcrics eireirteatd.l office in �u1 NbGe is (are) cer T"d to be correct. This iaatwmeat m P+" rnitd for ft9i$ ra�ioa aad recorded is 'hi- Notaryl' 9 9 3 This _ 4 do of t 189 2 ' Page .---� ..i 3 8 o'dock 002 By ERWIN, SIMPSON &;STROUD Attorneys, P.LLC. - Telephone;. (910) 455-1800. 825 Gum Branch Road; Suite 115, P. 0. Box 7206, Jacksonville; NC 285,40 3 30ON2039 PAGE050 1@;3 APR 23 AM to. 17 Prepared by: FRANK W. ERWIN, ATTORNEY P.O. Box 7206 Jacksonville, N.C. 28540 NORTH CAROLINA ONSLOW COUNTY AMENDMENT TO MASTER DECLARATION • OF RESTRICTIVE COVENANTSI OF MARSH OAKS [S�ction LI-C] THIS AMENDMENT TO MASTER DECLARATION ' OF` RESTRICTIVE COVENANTS OF MARSH OAKS AT BRYNN MARR, made this theQ"Tt*% day ofMARCH, 200 by, and between HUNTER„ DEVELOPMENT CORPORATION, hereinafter called "Declarants" pursuant to North Carolina law: Whereas, HUNTER DEVELOPMENT CORPORAT'I:ON has 1eiretofoie caused to be recorded a Master Declaration of Restrictive Covenants in Boole 1715, Page .332 acid re -recorded in Book 175.5, Page 57;; amended in Book 1779, Page 113, and amended in Book 1831, Page 356; and WHEREAS, the Master Declaration as above recorded and originally published expressly allowed additional tracts or parcels of land to be made subject to the terms and conditions of said Master Declaration; and WHEREAS, the Declarant has now completed certain improvements on that certain tract of land designated as Section H-C, MARSH OAKS AT BRYN_N MARR; and ' w V' ERWIN, SBOSON & STROUD Attorneys, P.L.'L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, P. O: Box 7206, Jacksonville; NC 28540 • BOOK 2039 PAGE 05 1 BOOK 2�)U"�PbEE�'836 WHEREAS, the Declarant is the owner of that certain tract or parcel of land designated as Section U-C, MARSH OAKS AT BRYNN MARR as shown on Exhibit A, attached hereto and by reference made a part hereof; and WHEREAS, the Declarant will convey the property described in Section H-C, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all of the property described below shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terms and conditions set forth in said Master Declaration; which is declared and agreed to in furtherance of the plan for the improvements of said property in the division thereof and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns, and any person acquiring or owning any interest in the real property improvements, their Grantees, successors, heirs, executors, administrators, devisees and'assigns. 1. DESCRIPTION OF PROPERTY: Being all of that property as described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. 2. INCORPQRATION_BY REFERENCE: All of the terms, conditions, provisions and rights b n is reserved clarant asset forth in the Master Dec y the De '. laratiaii-as recorded in Boots 1715, Page 332 and re -recorded in Book 1755; Page 57 amended in Book 1779, Page 113, and amended in Book 1831, Page 356, Onslow County Registry. By the submission of Section II-C of the property to the terms and conditions of this Declaration, the Declarant expressly reserves all those rights and privileges as set forth in the Master Declaration as above referred to. IN WITNESS WHEREOF,,.sthe'abovedate, Graritor (whetherperson,'corporation, hinted liability company, general partnership, limited partnersbip, or other entity) has signed this instrument in the ordinary course of business, by the signature(s) below if its duly authorized representative(s), as the..act of such entity. HUNTER`DEVELOPMENT CORPORATION By:�:c,�,,-n�� Cc . Vice President V ERWIN, SVdPSON & STROUD Attorneys, PXX-C. - Telephone: (910) 455-1800 825 Guns Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 2 BO (2039 PAGE052 BOOK 2v 34 EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all of that property as shown on that plat entitled "Final Plat Marsh Oaks Section lI-C at Brynn Marr as recorded in Map Book 44, Page 77, Onslow County Registry. w ERWIN, SEUPSON & STROUD Attorneys, P.L.L.C.: Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 4 BOOK2039 PAGE053 Book 2 0 0 y PAGE f 883 NORTH CAROLINA ONSLOW COUNTY 1, a notarypublic, do hereby certify that NUCHAEL G. TUTON personally came before me this day and acknowledged that he is Vice President of HUNTER DEVELOPMENT CORPORATION, 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 tho2 ! day of MARCH, 2003. "ary Public W. k-� 1•,•,,� My commission expires: �5-2q- b� DATAICLIENI MORCIMARCH OAKS II-B PUD AMD(071102) LxC ' CS DATAICLI1rNTMORCIMARSH OAKS SECTION H-C AMD(031903)REV0321 , ••:' Z�:~ RM165 �� ..�••••'• ����� NORTH CAROf IVA, OMLOW Catmtr Joanie W. The foregoing certificate(e) of Ki ng Notaryfies) Public is (are) certified to he correct. This instrument was presented for registration and recorded in this office in Bonk 2009 age _ 835 . This �_ day of 20 of ! o'clock A •f Cbn B7-------- r6iw, of D.. h . NORTH CAROUNA, Onmw Cotmrx J o a n i e W. King The forgoing ecrtifieaWs) of NTotary(iT6 Iie is (are) certified to be correct. This instrument was presented for &Vtratieo -ad ieVrded in this office in Book 050 _ Tius_j_0th day of----J-nnp a1 By------ Rgioro. of D.rdr, ondow G•wy - -- _ ----R.�i.m of D-d. ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 3 j Bn�C 10 7 PAR 7 9 SFP pj 127 56 Prepared by: FRANK W. ERWIN, ATTORNEY P.O: Box 7206 Jacksonville, N.C. 28540 NORTH CAROLINA ONSLOW COUNTY AMENDMENT TO MASTER DECLARATION, OF RESTRICTIVE COVENANTS OF MARSH OAKS [Section If-D] THIS AMENDMENT TO MASTER DECLARATION OF REST W.CTIVE zg COVENANTS OF MARSH OAKS AT BRYNN MARK; made this the . day of 2003, by and between HUNTER DEVELOPMENT CORPORATION; hereinafter called "Declarants pursuant to North Carolina law: Whereas, HUNTER DEVELOPMENT CORPORATION has heretofore caused to be recorded a Master Declaration ofRestrictive Covenants in Book 1715, Page 332 and re -recorded in Book 1755, Page 57; amended inBook 1779; Page 11,3 amended in Book 1831, Page 356; ammnded in Book 1892, Page 993; . and amended in Book�2009 Page 835; and re' -'recorded in Book 2039; Page 50, Oislow County.Registry; and WHEREAS, the MasterDeclaration as above recorded and originallypublished expressly allowed additional tracts or parcels of land to be made subject to the terms and conditions of said Master Declaration; and ERWIN, SIMPSON & STROUD Attorneys, P.L.L,.C. - Telephone: (910) 455-1800- 825 Germ Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 092107FI 750 WHEREAS, the Declarant has now completed certain improvements onthat certain tract of land designated as Section H-D, MARSH OAKS AT BRYNN MARK; and WHEREAS, the Declarant is the owner ofthat certain tract or parcel of land designated as Section II-D, MARSH OAKS AT BRYNN MA RR as shown on Exhibit A, attached hereto and by reference made a part hereof; and WHEREAS, the Declarant will convey the property described in Section II-D, as shown on said Exhibit A subj ect to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all ofthe property described below shall beheld, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terms and conditions set forth in said Master Declaration; which is declared and agreed to in furtherance of the plan for the improvements ofsaid property in the division thereof and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns, and any person acquiring or owning any interest in the realproperty improvements, their Grantees, successors, heirs, executors, administrators, devisces and assigns. 1. D . CRIPTION OF PROPERTY: Being all of that property as described on Exhibit A attached hereto and'incorporated herein by this reference as if fully set forth. 2. INCORP_ORATION BY REFERENCE: All of the terms, conditions, provisions and rights reserved by the Declarant as set forth in the Master Declaration as recorded inBook 1715, Page 332`aricl ie-recorded in Book 1755, Page 57; amended in Book 1779, Page 1.13, amended in Book 1831, Page 356; amended in Bbok 1892, Page 993; and amended in Book 2009, Page 835; and re -recorded in Book 2039, Page 50, Onslow County Registry. By the submission of Section U-D'of the property to the terms and conditions ofthis Declaration, the Declarant expresslyreserves all those rights and privileges as set forth in the Master Declaration as above referred to. 1N WITNESS WHEREOF, as the above date, Grantor (whether person; corporation; limited liability company, general partnership, limited partnership, or other entity) has signed this instrument in the ordinary course of business, by the signature(s) below ifits duly authorized representative(s), as the act of such entity. HUNTER DEVELOPMENT CORPORATION By:� MICHAEL G. TUTON, Vice President ERWlN, SIMPSON & STROUD Attorneys, P.L,.L.C. - Telephone: (910) 455-1800 825; Gun Blanch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 2 . 47 P EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all ofthat property as shown on thatplat entitled "Final Plat Marsh Oaks Section II-D at Brynn Marr as recorded in Map Book 45, Page 21, Onslow County Registry. ERWIN, SlMPSON & STROUD Attorneys, PXX. C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, P. O. Box 7206; Jacksonville, NC -28540 4 ON2 101 ME75 NORTH CAROLINA ONSLOW COUNTY I,anotarypublic, dohereby certify that MICHAELG.TUTON personally came before me this day and acknowledged that he is Vice President ofHUNTER DEVELOPMENT CORPORATION, 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 th2&ay of!�&T 2003. ft&&At, W 0\,t Notary Public P --(0 -2,C0S +� OVA ,Zh7s M commission expires: Q . _ - 3 � � Ry icA•_ JO DATAICLIENTJIDCIRCIMARCH OAKS II-B PUD AMD(071102) ^ © =A G DATA1CLlENT1i3DCIRCWARSH OAKS SECTION II-D AMD(082I03) ray' -40-Nu V RM165 '�•,� ••' ��• C04SN��`��, rrrrrnietwl � NORTH CAROIXOIA, Ortswv Comm L A U R A WINE K E P E S The foregoing certificate(a) of Notary(' s he is (are) certified to be correct. This instrument was presented for re istration and recorded in this office in Book Pa 749 This 10th dayof SEPTOMiBER 2003 a: 1445G o'cIoek _ P M By ^^------- Rqii- of D-,k Ondar Canny eguter of Aeedt ERWIN, SIMPSON & STROUD Attorneys, PJ X.C. - Telephone: (910) 455-1800 825 Gum Branch Road; Suite 115, P. O. Box 7206, Jacksonville, NC 28540 3 Prepared by: FRANK W. ERWIN, ATTORNEY 825 Gum Branch Road, Suite 115 Jacksonville, N.C. 28540 NORTH CAROLINA ONSLOW COUNTY llliliilllil�l�llilllll�li141111��11i11i�llllllil�illllli�liilliilillill Do ID: Oo0084780004 TYPe: CRP Reeorde $23!00/Page ato10:47:23 AM ons1gN County. NC MIcted--ft Thomas Register of .deeds BK2241PG998A001 JAN 14 2009 AMENDMENT TO MASTER DECLARATION OF RESTRICTIVE COVENANTS OF MARSH `OAKS [Section H-El THIS AMENDMENT TO MASTER DECLARATION O RESTRICTIVE COVENANTS OF MARSH OAKS AT BRYNN MARK, made this the -day of APRIL, 2004, by and between HUNTER DEVELOPMENT CORPORATION, hereinafter called "Declarants" pursuant to North Carolina law: Whereas, HUNTER DEVELOPMENT 'CORPORATION has heretofore caused to be recorded a Master Declaration of Restrictive Covenants in Book 1715, Page 332 and re -recorded in Book 1755, Page 57; amended'in.Book 1779, Page'1 l3; amended in Book 1831; Page 356; amended in Book 1892, Page 993; amended in Book 2009, Page 835, and re -recorded in Book 2039, Page 50, and Book 2107, Page 749, Onslow County Registry; and WHEREAS, the Master Declaration as above recorded and originally published expressly allowed additional tracts or parcels. 'of land to be'made subject to the terms and conditions of said Master Declaration,•'axid WHEREAS, the Declarant has now completed certain improvements on that certain tract of land designated as Section II-E, MARSH OAKS AT BRYNN MARR; and ERWIN, SUV2SON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 WHEREAS, the Declarant is the owner of that certain tract or parcel of land designated as Section II-E, MARSH OAKS AT BRYNN MARR as shown on Exhibit A, attached hereto and by reference made a part hereof; and WHEREAS, the Declarant will convey the property described in Section H-E, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all of the property described below shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terms and conditions set forth in said Master Declaration; which is declared and agreed to in furtherance of the plan for the improvements of said property in the division thereof and shall be deemed to run with the land and shall b e a burden and a benefit to Declarant, its successors and assigns, and anyp erson acquiring or owning any interest in the real property improvements, their Grantees, successors, heirs, executors, administrators, devisees and assigns. 1. DESCRIPTION OF PROPERTY: Being all of that property as described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. 2. INCORPORATION BY REFERENCE: All of the terms, conditions, provisions and rights reserved by the Declarant as, set forth in the Master Declaration as recorded in Book 1715, Page 332 and re -recorded in Book 1755, Page 57; amended in Book 1779, Page 113, amended in Book 1831, Page 356; amended in Book 1892; Page 993; amended in Book 2009, Page 835, and re -recorded in Book 2039, Page 50, and Book 2107, Page 749, Onslow County Registry. By the submission of Section II-E of the property to the terrns and conditions of this Declaration, the Declarant expressly reserves all those rights and privileges as set forth in the Master Declaration. as above referred to. IN WITNESS WHEREOF, as the above date, Grantor (whetherperson; corporation, limited liability, company, general partnership, limited partnership, or other entity) has signed this instrument in the ordinary course of business, by the signature(s) below if its duly authorized representative(s), AS the act of such entity. . HUNTER DEVE,L�OD.P WNT CORPORATION MICHAEL G. TUTON, Vice President ERWIN, SDUSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 825 Gunn Branch Road, Suite 115, Jacksonville, NC 28540 2 EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all of that property as shown on that plat entitled "Final Plat Marsh Oaks Section II-E at Brynn Marr" as recorded in Map Book 46, Page 79, Onslow County Registry. ERWM, SMPSON & STROUD'Attorneys, M L.C. - Telephone: (910) 455-180 825 Gum Bianch Road, Suite 115, Jacksonville, NC 28540 4 NORTH CAROLINA ONSLOW COUNTY I,. a notary public, do hereby certify that MICHAPL G. TUTON personally came before me this day and acknowledged that he is Vice President of HUNTER DEVELOPMENT CORPORATION, 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 r ay Of APRIL, 2004. N4ty My commission expires: DATAICL1ENTMC1RCtMARCH OAKS II_g PUD AMD(071102) DATAICLIENTIFIDCIRSH OAKS SECTION II-D ANID(0$21D3) rev 082803 DATAICLIENTIHDCIRCIMARSg OAS RM 1 G5 SEC U-E AMD(042604) NOT AW Z PUN= ti? r ?' NORTH MOLINA. O=Dw GoutenY JOanie W. King The foregoing certihcate(s) of Notar-Aes) Public is (are) certified to be correct. This inatryFnent was presented for registration and recorded in this office in Book Page - 998 -This bb day of _ _ may 2004 q., t 10: o'clock_- A. M_ . Rev4W -U (h" C--1 _ -. Refuter of Dee& ERWIN, SMUSON & STROUD Attorneys, P.LL.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suitc 115, Jacksonville, NC 28540 3 IIII Illlllllllllll Illlllll�l II l hull Iflllll III�I Iflllf llfll II III Doc ID: 000228420005 Type: CRP Recorded: 09/02/2004 at 12:37:09 PM Fee AM: $26.00 Page 1 of 5 Onslow County, NO Mildred M Thomas Register of Deeds BK2312 PG278-282 Prepared by: FRANK W. ERWIN, ATTORNEY llllllll l�lll Ill 11114111111111111411111� lllll ll�l llll11111111�11 lll�llll��l Doc ID: 000084790004 Tyge. CRP RecordFee AmV: 23/00/Page I ofat 1 447:23 AM Onslow County, NO Mildred M Thomas Reg1ster of Deeds BK2241 PG998-1001 825 Gum Branch Road, Suite 115 Jacksonville, N.C. 28540 NORTH CAROLI NA ONSLOW COUNTY AMENDMENT TO MASTER DECLARATION OF RESTRICTIVE COVENANTS OF NIA:RSH OAKS [Section H-E] THIS . AMENDMENT TO MASTER DECLARATION OF RESTRICTIVE COVENANTS OF MARSH OAKS AT BRYNN MARK, made.this the day of APRIL, 2004, by, and between HUNTER DEVELOPMENT CORPORATION, hereinafter called "Declarants" pursuant to North Carolina law: Whereas, HUNTER - DEVELOPMENT CORPORATION. has heretofore caused to be recorded a Master Declaration of Restrictive Covenants in Boob 1715, Page 332 and re -recorded in Book 1755, Page 57; amended in Book 1779, Page 113, amended in Book 1831, Page 356; amended in Book 1892, Page 993; amended in Book 2009, Page 935, and re -recorded in Book 2039, Page 50, and Book 2107, Page 749, Onslow County Registry; and WHEREAS, the Master Declaration as above recorded and originally published expressly allowed additional tracts or parcels of land to be made subject to the terms and conditions of said Master Declaration; and WHEREAS, the Declarant has now completed certain improvements on that certain tract of land designated as Section H-E, MARSH OAKS AT BRYNN MARR; and ERWIN, SIWSON & STROUD Attorneys, P.L.I..C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 r WHEREAS, the Declarant is the owner of that certain tract or parcel of land designated as Section E-E, MARSH OAKS AT BRYNN MA -RR as shown on Exhibit A, attached hereto and by reference made a part hereof; and WHEREAS, the Declarant will convey the property described in Section II-E, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all of the property described below shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terms and conditions set forth in said Master Declaration; which is declared and agreed to in furtherance of the plan for the improvements of said property in the division thereof and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns, and any person acquiring or owning any interest in the real property improvements, their Grantees, successors, heirs, executors, administrators, devisees and assigns. 1. DESCRIPTION OF PROPERTY: Being all of that property as described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. 2. INCORPORATIONBY REFERENCE: All of the terms, conditions, provisions and rights reserved by the Declarant as set forth in the Master Declaration as recorded in Book 1715, Page 332 and re -recorded in Book 1755, Page 57; amended in Book 1779, Page 113, amended in Book 1831, Page 356; amended in Book 1892, Page 993; amended in Book 2009, Page 835, and re -recorded in Book 2039, Page 50, and Book 2107, Page 749, Onslow County Registry. By the submission of Section II-E of the property to the terms, and conditions of this Declaration, the Declarant expressly reserves all those rights and privileges as set forth in the Master Declaration as above referred to. 1N WTIFNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited liability company, general partnership; limited partnership, or other entity) has signed this instrument in the ordinary course of business; by the signature(s) below if its duly authorized representative(s), as the act of such entity. HUNTER DEVELOPMENT CORPORATION MICHAEL G. TUTON, Vice President ERWIN, SM2SON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 2 EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all of that property as shown on that plat entitled "Final Plat Marsh Oaks Section II-E at Brynn Mair" as recorded inMap Book 46, Page 79, Onslow County Registry. ERWIN, SIMPSON & STROUD Attorngs, P.L.L.C. - Telephone: (910) 455-1804Y 825 Gum Branch Road, Suite 113, Ja6ksonville, NC 28540 4 R NORTH CAROLINA ONSLOW COUNTY I, a notarypublic, do hereby certify that MICHAEL G. TUTON personally came before me this day and acknowledged that he is Vice President of HUNTER DEVELOPMENT CORPORATION, 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 theme nay of. APRIL, 2004. Nct Public My commission expires: 5";)q`' uR DATAICLIENIIHDCIRCIMARCH OAKS II-B PUD AMD(071102) DATAICLIEN VMCIRC%4ARSH OAKS SECTION II-D AMD(082103) iev 082803 DATAICLIEN MCIRCIMARSH OAKS SEC II-E AMD(042604) RM165 NIE �W.++ �'" NOMY N P BBC s d � Z 11tom_ .-O61_i — f+0%s k NORTH CAROLINA, 0145t.ox C011MY Joanie W. icing The foregoing certificats(s) of — Notary ies) public is (ere) certified to be correct. This instrF nt wdaypcsented for rcgisiraiioa and recorded in this office is of Book Pegs _ 04 9 This —" his — 2 t _ — I.0.4 o clock Bp JPegi.ier e[b c& Acsirrcr rrd�, Oa+loe torn>y ERWIN, SEMPSON & STROUD Attorneys, P.L.L.C. - Telephpe: (910) 455-1800 825 Gum Branch Road, State 115, Jacksonville, NC 28540 .3 i Prepared by: FRANK W. ERWIN, ATTORNEY 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 NORTH CAROLINA STATEMENT OF CORRECTION ONSLOW COUNTY (PURSUANT TO NCGS §47-36.1) Pursuant to NCGS §47-36.1, and other applicable statutes and the law of the State of North Carolina, the undersigned do hereby submit as follows: 1. That the attached instrument was originally dated the 27th day ofApril, 2004 and recorded on the 6th day of May, 2004, in Book 2241, Page 998, Onslow County Register of Deeds. 2. That an obvious typographical error or other minor error appeared in the original instrument and has been corrected and initialed on the original as follows: Re-recording to correct the order of recording. 3. That the undersigned is/are the original parties to the original instrumenfor the attomey drafting said original instrument. This thef-Ld day of Septen DATAIREIGENREALICORRECTFRM(0825 92) REITEW\hdcimrshcozrection RM165 ERWIN, SIMPSON & STROUD Attorneyd, P.L.L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville,' NC 28540 POST OFFICE BOX 1066 JACKSONVILLE, NC 28541 March 19, 2009 Mr. David Cox NCDENR-Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Marsh Oaks at Brynn Marr, Section I and II Storm Water Project No. SW80I0803, SW8000517 Dear Mr. Cox Plan of Action: 1. Remove trash and debris. 2. Re -seed and repair slopes of pond. 3. Mow grass that has overgrown. 4. Remove accumulated sediment. 5. Remove overgrown vegetation. - M'Y ` • 910-577-1441 Based on the scope of work to be done, our projected completion date will be May 31, 2009. Thank you for your time and patience on this matter. Please feel free to contact us if you have any questions or need more information. Sincerely, S. Troy uton, Owner STT/st TUF-1c,151vzo MAR 2 3 2009 010803 Marsh Oaks Mod. & 030433 Bay Meadows Subject, 010803 Marsh Oaks Mod. & 030433 Bay Meadows Date: Wed, 18 Jun 2003 10:14:06 -0400 From: Linda Lewis <Lmda.Lewis@ncmaii.net> Organization: NC DENR To: Gordon McAdams <paitex@bizec.rr.com> Gordon: I have reviewed the applications for Marsh Oaks Section I1 at Brynn Marr and Bay Meadows Section IV at Brynn Marr, both received on April 25, 2003. Please submit the following items by 5 pm Monday, June 23, 2003, to continue the review: MARSH OAKS Please provide 2 copies of a single drainage area sheet that has both the onsite drainage area for Marsh Oaks and the offsite drainage area for Bay Meadowns shown. Please check the 96' dimension noted as the permanent pool contour for Pond 44. Using 96', the surface ..:area is only 6670, not 6716. If the dimension is increased to 97' then the 6716 is correct. BAY MEADOWS ✓ The drainage areas for Bay Meadows are reversed on the application. The drainage area map says that DAl drains to the offsite pond, but the application says that DA2 drains to the offsite pond. I will reverse the numbers on the application to match the drainage area map. ✓ Please reduce the. 45' pipe to curb outlet swale #1 to a maximum of 40'. Piping must stop between the right-of-way line and the front setback, which is noted as 30' on the plan. t/ Please label the drainage easement between Lots 105 and 106, and its width. ,,/ Please provide a swale velocity calculation. Note #2 on the plan says that "Lot coverage not the exceed 50%." What exactly does this mean? If it is referring to impervious cover, please either remove the note, or modify it to read "Lot coverage not to exceed 3,562 sq. ft, of built -upon area.". Linda I of 1 6/18/2003 10:16 AM PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax: (910) 455-3441 June 20, Ms. Linda Lewis Division of Water Quality -NCDENR 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 RE: Marsh Oaks Section Ii at Brynn Marr Stormwater Permit No. SWO10803 And Bay Meadows Section IV at Brynn Marr, Permit No. SW03@433 Onslow County, NC Dear Ms. Lewis: In response to your e-mail of June 18, 2003 we offer the following: 1. Two (2) copies of a combined drainage area delineation map are enclosed 2. The 96 ft. dimension has been revised to 97 ft. ; two (2) copies of Sheet 13 Of 13 are included 3. Pipe F to curb outlet 1 has been shortened to 40 feet on Sheet 2 of 6. Two (2) copies are enclosed 4. Drainage Easement has been shown between Lots 105 and 106 on Sheet 2 of 13. Two (2) copies are enclosed 5. A swale calculation chart has been added to the plan and data sheets are attached. The Q for swale no. 1 is 7.0 instead of 2.0 and two (2) copies of Sheet 2 of 4 of the Curb Outlet Supplement are included 6. Note # 2 has been deleted. If you have any questions or need any additional information please give me a call. Sincerely, PARKER & ASSOCIATES, INC. Gordon R. McAdams, P.E. Enclosures xc: CF(P) GRMladh c1.GRM. Lewis.MarshOaks.ltr.6.19.03 ENVIRONMENTAL, ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS PARKER & ASSOCIATES, INC. Snap;ng Hori Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax: (910) 455-3441 60zp�) Ms. Linda Lewis Division of Water Quality NCDENR 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Dear Ms. Lewis: April 24, 2003 D APR RE: Stormwater Permit SW8010803 Modification Marsh Oaks Section II at Brynn Marr Onslow County, NC Enclosed is the following information for the Stormwater Permit Application for the referenced project: 1. Two (2) copies of the plan (Sheets 2 and 13 of 13) with drainage areas delineated 2. One (1) original and one (1) copy of the Stormwater Permit Application 3. One (1) Wet Detention Basin Supplement for Pond #4 4. One (1) Stormwater Narrative 5. One (1) check (# 6797) in the amount of $420.00 for the application fee 6. Two (2) copies of Revised Engineering Calculations for Pond #4 If you have any questions or need any additional information, please give me a call. Sincerely, PARKER & ASSOCIATES, INC. Gordon R. McAdams, P.E. Enclosures xc: Mr. Michael G. Tuton (wlenclosures) CF(P), LAM GRMladh c1.G RM. Lewis. Marsh Oaks.Itr.424.03 ENVIRONMENTAL ENGINEERING ♦ STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS TRANSACTION REPORT 'A. y Rr Jan-24-02 Thu 4:5$ PM ------------------------------------------------------------------------- Type Sending -------------------------------------------------------------------------------- Date Start Receiver TX/RX Time Pages Note I -- --------_--------------------'-------------------------------------------------- Jan-24 4:54 PM 89104553441 30s 1 OK I —_--__-----_------------------------------------------------------------ ----------- `J I t I' t :o wv�,y Date: January 24, 2002 To: Gordon McAdams, P.E. Company: Parker and Associates FAX #: 910-455-3441 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET DWQ Stormwater Project Number: SW8 010803 Project Name: Marsh Oaks, Section 11 at Brynn Marr MESSAGE: Dear Gordon: Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office No. of Pages: 1 From: Linda Lewis A-Z Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 Please provide a revised drainage area map. The entrance road and Building 13 need to be added to the DA for Pond 4. Building 13 is shown on the original drainage area map as draining to Pond 3, but the new swale you added is graded toward Pond 4. The revised calculations for Pond 4 only account for the 1.7 acre entrance road addition. Please account for Building 13 in the calculations. Please revise the drainage area map, calculations and supplement for Pond 3 to reflect the reduction due to Building 13 now draining to Pond 4. As far as changes to the supplements are concerned, please fill in a new page 1 and 2 with the new numbers and I'll add the original signature pages 3 and 4. S :1WQSISTORM WATIADD1NF01010803.JAN 61A, 0 N.C. Pivision of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 to PARKED & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455 2414 + Fax: (910)_455 344Zr1n � January 29, 2002 Ms. Linda Lewis NCDENR-Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE: Project #SW8 010803 Marsh Oaks, Section II at Brynn Marr Onslow County, NC Dear Ms. Lewis, Enclosed you will find the following information in response to your fax memo of January 24, 2002: 1, Revised Drainage Area Map; 2. Revised calculations and supplement for Ponds 93 and #4. For your information, the calculation revisions had no net effect on the pond design. If you need any additional information, please give me a call. Sincerely, PARKER & ASSOCIATES, INC. Gordon R. McAdams, P.E. Enclosures xc: CF (P) RECEIVED GRM/hjs FEB 0 'j 2002 D O PROD # Sw �Iv8�3 c:mydocslgmVmoak.,J ipond.Itr ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS - DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office October 2, 2001 Mr. Michael G. Tuton, President Hunter Development Corporation PO Box 1066 Jacksonville, NC 28541 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 010803 Marsh Oaks Section 11 @Brynn Marr Onslow County Dear Mr. Tuton: The Wilmington Regional Office received a Stormwater Management Permit Application for Marsh Oaks Section Il @Bryan Marr on August 9, 2001. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Please pick up the runoff from the entrance road off Pine Valley Road. There is sufficient fall in the catch basins and pipes which drain to Pond 4 to get this runoff into Pond 4. 2. Please provide collection swales for the runoff from Buildings 13 and 16. All the other buildings appear to have these collection swales for the roof runoff. Please add the nearest intersection of 2 major roads to the vicinity map. A major road is any 1, 2 or 3 digit NC highway, US highway, or interstate. Corbin Street does not qualify as any of those. 4. The sediment removal depths reported on the supplement form need to be reported as depths, not elevations. Please revise. S. Please add the typical building dimension detail to the plan. 6. Please provide sheet ENG-3 for Pond 4. It is missing from the calculation set. 7. Restrictive site geometry is not sufficient justification for not providing the required 3:1 L:W ratio in Ponds 1 and 2. Please experiment with reducing the width and lengthening the pond a little or using a shape other than a rectangle, or relocating a building or parking lot slightly, to obtain the required 3:1 ratio. I was able to obtain the required 3:1 in both ponds by these measures. Please see the enclosed sketch. 8. As discussed at our meeting last Thursday, please specify the wetland species to be planted on the wetland shelf. 9. Please provide a dimension plan for the sidewalks and parking lots. h - -- - - - - - MEW N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 2a405 (910) 395-3900 Fax (910) 350-2004 Customer service 800-623-7748 Mr: Tuton October 2, 2001 Stormwater Project No. SW8 010803 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 November 2, 2001, or the application will be returned as incomplete. The return of a project will necessitate resubmittal 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 original 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) 395-3900. Sincerely, 4�J'Jcz� A' Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINF01010803.00T cc: Linda Lewis Gordon McAdams, P.E. PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.Q. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax: (910) 455-3441 November 15, 20 Ms. Linda Lewis Division of Water Quality NCDENR 127 Cardinal Drive Extension Wilmington NC 28405-3845 Re: Stormwater Project No. SW8010803 Marsh Oaks, Section I1 at Brynn Marr Dear Ms. Lewis; In reference to your letter of October 2, 2001, we offer the following: I . Ashbrook Road has been re -designed so that drainage flows to Pond #4. 2. Swales have been added at rear of Buildings 13 and 16. 3. Vicinity map has been revised to show intersection of Hwy. 17 & Hwy. 24. 4. Depths have been revised. 5. Typical building dimension plans added to Sheet 10. 6. Pond No. 4 calculations have bee revised and copy is attached. 7. Ponds have been re -shaped to provide 3:1 length to width ratio. 8. Wetlands species has been specified in Erosion Control Note 3 on Sheet 2. 9. Copies of Sheet 1 are attached which gives dimensions requested. ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS Ms. Linda Lewis November 13, 2001 Page 2 Two sets of revised plans are attached for your use. Pond Calculations and Wet Detention Basin Supplements have been revised and sealed and are also attached. You can delete the Curb Outlet Supplement for Ashbrook Lane since we are now draining to Pond No. 4. If you need any additional information, please give me a call. Sincerely, PARKER & ASSOCIATES, INC. Gordon R. McAdams, P.E. Enclosures xc: CF (P) GRM/gsk PARKER & ASSOCIATES, IN Consulting Engineers - Land Surveyors - Land Planr 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax: (910) 455-3441 Ms. Linda Lewis NCDENR-Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Dear Ms. Lewis, AUG 0 9 "l�i Hori h August 8, 2001 U' 0 V RE: Stormwater Submittal Marsh Oaks, Section 11 at Brynn Marr Jacksonville, NC Enclosed are the following items for your review for the stormwater permit for the above referenced project: 1. Two (2) sets of plans (Sheets 2, 10, 12 and 13); 2. Two (2) sets of specifications; 3. Check (#37795) in the amount of $420.00 for the Application Fee, 4. One (1) original and one (1) copy of application along with supplements; 5. Stormwater narrative; 6. Vicinity sketch; 7. Building dimensional plan. If you have any questions or need any additional information, please give me a call. Sincerely, PARKER & ASSOCIATES, INC. ,/-. k ---- Gordon R. McAdams, P.E. xc: Mr, Mike Tuton (w/enclosures) C1~ (P), LAM GRMlhj s Enclosures c:mydocumtm%5 VTn�moaksii.iewllr ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS - DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS 2 umm V. Lal4 �6 - -- ii � 6922 fififi2 TOOO QE52 OODL � -|]#\ §ƒ \% k o //|\7 « 7 2 2 £ m2 §2 ! \ ) { 22.°a fECm ( 12 0 $ \ o 22.k3 - -°)§ ) ) ,�} 8�® )j \)\ k ESt) 2/ f A £§ /) o f 3_ k §6 'a co 2) {/2 3 \ S I C, tL's 5 2 # 7/9011 \� F)ff){� } 0\ $7 _\ 0kfM 2 7 - k /± Co §f DCC0 i{ R 7 7 i ( # t a>% °§k � at5 § o- �( s (D333Q ) _ / : \ ( \ \ / § ƒ} k # f o ` o 2 �t E�m' zz|7)Ell o \_]\ VV. k«|\k))/�d0�/f )�99999 m ( Moako `kE tf\ Z ;/$)2t77®2`'£?k 2®-kk ; § # ¥ 2t % § § t7 m §b a -< « < « o ?$ �$)$j/�]{ 2<M2 § .... I ... . . , g § ■■■ m ) {� > & E»®a® oe�oe /7®/ _§®-® & / tea?%. - Co -0 0 =a , , e G%\-CD a) 000 CL ) q \ ���� EwE§b- °°0U, 7 iƒ2${} \ 2�8� - ���`)Q §E{£�o / \ Q/±B2# .� . . \ £ # \ { J � 9 a 5 w �§ Rr r Q M r i I � � N ❑ 2 1 ,� o � o �wNr Ln 3 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary Division of Water Quality August 7, 2001 CERTIFIED MAIL 47000 1530 0001 0444 2289 RETURN RECEIPT REQUESTED Hunter Development Corporation PO Box 1066 Jacksonville, NC 28541 Subject: REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION Marsh Oaks, Section 11 at Brynn Marr Stormwater Project No. SW8 010803 Onslow County Dear Sir: On July 27, 2001, the Wilmington Regional Office received a copy of an Erosion & Sedimentation Pollution Control Act for Marsh Oaks, Section 11 at Brynn Marr. The North Carolina Administrative Code requires any project that must receive either -Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting, documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than September 7, 2001. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Perm it that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Pen -nit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-395-3900. Sincerely, �? Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATIST0RMSUB10I0803.Aug cc: Mitchell Parker, Onslow County Inspections Gordon McAdams, P.E., Parker and Associates, Inc. Jim Gregson CLinda=Lewis Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An i:qual Opportunity Affirmative Action rsmploycr 50% recycled/]tl°!, post -consumer paper City of Jacksonville Engineering �G:I&SONVILLE Caring; .. Community M-2 How OV �R-ICUNE * MC AS LETTER OF TRANSMITTAL TO: Division of Environmental Management 127 Cardinal Drive Extension W it ngwn. N C. 28405 -- -- --- Phone # (910) 395.3900 Linda: WE ARE SENDING YOU PRINTS COPY OF LETTER DESCRIPTION: Date: July 25, 2001 Am: M& LiadA Erosion• r • Mauh QLkA. $ccdon+nt>t f_ Marr at the intenzctign of huff r • Corbin M ATTACHED UNDER SEPARATE COVER ?XX PLANS _ SPECIFICATIONS M OTHER conv of the financial responsibility statement THESE ARE TRANSMITTED AS CHECKED BELOW: _ FOR APPROVAL — AS REQUESTED FOR REVIEW AND COMMENT XX FOR YOUR USE � T _ DOCUMENTS ARE DUE TO BE RETURNED BY: RECEIVED PRINTS RETURNED AFTER LOAN TO US JUL 2 7 2001 OTHER °WQ -- PROJ #_ d/ O A v 0 3 REMARK& Tom Anderson, Engineering Specialist COPIES TO: File Post Office Box 128 • Jacksonville, North Carolina 28541 " (910) 938-5249 • TDD# (910) 455-8852 " FAX (910) 455=6761 PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax: (910) 455-3441 A U r 13 200, BYT' Ms. Linda Lewis Division of Water Quality NCDENR 127 Cardinal Drive Extension Wilmington North Carolina 28405-3845 Dear Ms. Lewis; August 9, 2001 Re: Marsh Oaks, Section Il at Brynn Marr Jacksonville, North Carolina Please include the attached map with the Stormwater Permit Application we forwarded to your office yesterday for the above referenced project. If you have any questions, give me a call. Sincerely, PARKER & ASSOCIATES, INC. Gordon R. McAdams, P.E. xc: CF (P) GRM/gsk c2:lgrmlmaroak2. [ew ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 R�+ cEiv{� sonvi!!e, NC 28541-0976 5 -2414 + Fax: (910) 455-3441 AUG 15 2001 gy; LETTER -OF TRANSMITTAL To: Ms. Linda Lewis NCDENR - Division of Water Ouality 12,-7-Cardinal Drive Extension Wiln in2ton. NC28405-3845 Shaping Horizo�g oW DATE: August 13- 2001 WE ARE SENDING YOU: One �1) copy of the Draft Covenants for the above referenced project. DELIVERY VIA: ® Regular Mail ❑ Hand ❑ Federal Express ❑ UPS Overnight ❑ UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑ As Requested ❑ For Review and Comment ® For Your Use ❑ For Bids Due ❑ Other Comments: Gordon R. McAdams, P.E. Copies To: CF P c3:mydocs/1ots/moakscoven.grm (If enclosures are not as noted, kindly notify us at once) '.0B/13/2001 13:00 910-346-58B3 ERWIN SIMPSON STROUD PAGE 02 Prepared by: FRANK W. ERWIN, ATTORNEY P.O. Box 7206 Jacksonville, N.C. 28540 NORTH CAROLINA ONSLOW COUNTY ` AMENDMENT TO.LIASTER DECLARATION . OF RESTRICJIVE COVENANT S_OEOF INDIAN WELLS THIS AMENDMENT TO MASTER DECLARATION OF RESTRICTIVE COVENANTS OF MARSH OAKS AT BRYNN v1ARR, made this the day of , 2001, by and between HUNTER DEVELOPMENT CORPORATION, hereinafter called "Declarants" pursuant to North Carolina law: Whereas, HUNTER DEVELOPMENT CORPORATION has heretofore caused to be recorded a Master Declaration of Restrictive Covenants in Book 1715, Page 322; and WHEREAS, the Master Declaration as above recorded and originally published expressly. allowed additional tracts or parcels of land to be made subject to the terms and conditions of said Master Declaration; and WHEREAS, the Declarant has now completed certain improvements on that certain tract of land designated as Section II, MARSH OAKS AT BRYNN MARK; and WHEREAS, the Declarant is the owner of that certain tract or parcel of land designated as Section II, MARSH OAKS AT BRYNN MARR as shown on Exhibit A, attached hereto and by reference made a part hereof; and WHEREAS, the Declarant will convey the property described in Section 11, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference: NOW THEREFORE, the Declarant does hereby publish and declare all of the property described below shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terms and conditions set forth in said Master Declaration; which is declared and agreed to in furtherance of the plan for the improvements of said property in the division thereof and shall be deemed to run with the land and shall be a burden and a benefit to Declarant; its successors and assigns, and any person acquiring or owning any interest in the real property improvements, their Grantees, successors, heirs, executors, administrators, devisees and assigns. 1. DESCRIPTION OF PROPERTY: Being all of that property as described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. 2. STORMWATER RUNOFF: ERWIN, SIMPSON & STROUD Atmrneyc, P.L.L.C. - Telephone: (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 -_OB/13/20Et1 13:00 910-346-58B3 ERWIN SIMPSON STROUB PAGE 03 (a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , 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 tine extent necessary to maintain compliance with the stormwater management permit. (c) These covenants are to run with the land and'be binding on all persons and parties claiming under them. (d) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. (e) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. (0 The runoff from all built -upon area on the project must be directed into the permitted stormwater control system. (g) Built upon area in excess of the permitted amount will require a permit modification. 3.. INCORPORATION BY REFERENCE: All of the terms, conditions, provisions and rights reserved by the Declarant as set forth in the Master Declaration as recorded in Book 1715, Page 322, ONSLOW County Registry. By the submission of Section II of the property to the terms and conditions of this Declaration, the Declarant expressly reserves all those rights and privileges as set forth in the Master Declaration as above referred to. rN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal the foregoing to be executed in its corporate name by its duly authorized officers and its corporate seal to be hereto affixed, all by authority of its Board of Directors, first duly given. CORPORATE SEAL ATTEST: Asst, Secretary HUNTER DEVELOPMENT CORPORATION By: Vice President ERWI,N, 51'dPSON & STROUD Attorneys, P.L.L.C. • Telephone: (910) 346-3566 925 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 2 . DB/13/2001 13:00 910-346-5BB3 ERWIN SIMPSON STR©UD PAGE 04 NORTH CAROLINA COUNTY OF I, a Notary Public of the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that (s)he is -A -SST. Secretary of HUNTER DEVELOPMENT CORPORATION, a North Carolina Corporation, and by authority duly given and as an act of the corporation, the foregoing instniment was signed in its name by its president, sealed with its corporate seal, and attested by himself as its SST. Secretary. Witness my hand and notarial seal; this day of Notary Public My Commission Expires: G:IDATAICLIENTIHDCIRC\Marsh Oaks Section I1 amd.wpd RM 165 ERWIN, SIMPSON Bt STROUD Attorneys, P.L.L..C. - Telephone. (910) 346-3566 825 Gum Blanch Road, Suite 115, P. Q. Box 7206, Jacksonville, NC 29540 3 2001, 08/13/2001 13:00 916-345-5883 ERWIN SIMPSON STROUD PAGE 05 EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all of that property as shown on that plat entitled "Final Plat Section II, Marsh Oaks at Bryrin Marr as recorded in Map Book Page , Onslow County Registry. ERWIN, SE MPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 625 Gum Branch Road, Suite 1 t5, P. 0. Box 7206. Jacksonville, NC 28540 4