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Home My WebLink AboutSW8060901_CURRENT PERMIT_20210905STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 N 0 q 0 DOC TYPE] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 202100105 YYYYMMDD ROY COOPER Governor ELiZABETH S. BISER BRIAN WRENN Director September 5, 2021 Brunswick Forest Master Association, Inc Atm Allen Jefferson Earp, Vice President 1007 Evangeline Drive Leland, NC 28451 NORTH CAROLINA EmvLamneradQualtry Subject Permit Renewal State Stormwater Management Permit No. SW8 060901 Brunswick Forest Phase 6 Section 1 Brunswick County Dear Mr Earp Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR) All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on September 2, 2021 The Division is hereby notifying you that permit SW8 060901 has been renewed on September 5, 2021, and shall be effective until September 21, 2028 For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all tunes Please note that the renewed, updated, and re -issued permit does not impose new or different terns, it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit The renewal and renssuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans originally approved on September 21, 2006 and most recently transferred on November 28, 2018, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H 1000 This permit is subject to the conditions and limitations as specified therein Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems If any parts, requirements, or lunnatnons contained in this permit are unacceptable, you have the tight to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAM The written pennon must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Marl Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www NCOAH corn Unless such demands are made this permit shall be final and binding If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashdeym smith@ncdem gov Sincerely, ►// c rl trx lax �14 Brian Wrenn, Director Division of Energy, Mineral and Land Resources IfIft ra North Carolina Department of Environmental Quality I Drvrnon of Energy Mrieral and Land Resources wilmmgmn Regional Office 1127 Cardinal Drive Extension I wihrungton North Carolina 28405 9107%7215 State Stormwater Permit No SW8 060901 Page 2 of 2 Enclosures Attachment A — Built -Upon Area Allocation Attachment C — Permitting Fhstory Renewal Application Documents DES/arcs \\\Stormwater\Pemuts & Projects\2006\060901 HD\2021 09 permit 060901 cc Wilmington Regional Office Stormwater File a North Carolina Deparonent of Env mnmerttal Quahty I Din cn of Energy Mineral and Land Resources D_E �l/ Wilmngton Regional Office I IZl Cardinal Dnve Extension I Wilmington North Carolina 28405 910 796 72.15 State Stormwater Management Systems Permit No SW8 060901 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Brunswick Forest Master Association, LLC Brunswick Forest Phase 6 — Section 1 Hwy 17, 2 4 miles south of intersection of US 74176 County Brunswick County FOR THE construction, operation and maintenance of two (2) wet detention pond(s) 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 Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit This permit shall be effective from the date of issuance until September 21, 2028, 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 This stormwater system has been approved for the management of stormwater runoff as described in Section 15 of this permit The stormwater controls identified as Pond 9 for the Sales Center and Pond 10 for the Wellness Center have been designed to handle the runoff from 405,110 square feet and 240,000 square feet of built -upon area, respectively The total impervious area is 645,100 square feet The tract development will be limited to the amount of built -upon area 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 Page 1 of 5 State Stormwater Management Systems Permit No SW8 060901 4 The runoff from all built -upon area within the permitted drainage area(s) of this protect must be directed into the permitted stormwater control system 5 The following design criteria have been provided in the wet detention pond and must be maintained at design condition a Drainage Area, acres Onsde, ftz Offsite, ftz b Total Impervious Surfaces', ftZ c Pond Depth, feet d TSS removal efficiency e Design Storm, inches f Permanent Pool Elevation, FMSL g Permitted Surface Area @PP, ft2 h Permitted Storage Volume, ft3 i Temporary Storage Elevation, FMSL t Controlling Orifice k Permitted Forebay Volume, ft3 I Fountain Maximum, hp m Receiving Stream / River Basin n Stream Index Number o Classification of Water Body 'See Attachment A for Impervious Allocation details II SCHEDULE OF COMPLIANCE Pond 9 Pond 10 Sales Center Wellness Center 144 126 627,267 548,859 None None 405,110 240,000 7 7 90% 90% 10 10 330 330 22,200 79,000 51,625 273,725 345 345 2 0"0 pipe 2 0"0 pipe 10,200 54,350 1/6 1 Piney Branch / Cape Fear CPF17 18-77-3-1 "C, Sw" 1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR The records will indicate the date, activity, name of person performing the work and what actions were taken 4 The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division 5 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 Page 2 of 5 State Stormwater Management Systems Permit No SW8 060901 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition 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 Semiannual scheduled inspections (every 6 months) Sediment removal Mowing and re -vegetation of slopes and the vegetated filter Immediate repair of eroded areas Maintenance of all slopes in accordance with approved plans and specifications Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping Access to the outlet structure must be available at all times Decorative spray fountains are allowed in the pond, subject to the following criteria a The minimum permanent pool volume is 30,000 cubic feet b The fountain must draw its water from less than 2' below the permanent pool surface c Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond d The fountain may not be placed into the forebay e The falling water from the fountain must be centered in the main pond, away from the shoreline f The maximum horsepower for a fountain in pond 9 is 1/6 horsepower and pond 10 is ' horsepower 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 Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times 10 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made 11 No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification a Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc b Redesign or addition to the approved amount of BUA or to the drainage area c Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications d Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan e The construction of any allocated future BUA f Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded g The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications h Other modifications as determined by the Director Page 3 of 5 State Stormwater Management Systems Permit No SW8 060901 12 Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer Records of maintenance activities performed to date may be requested III GENERAL CONDITIONS Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215 1, and subject to enforcement procedures pursuant to NCGS 143-215 6 If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems These additional or replacement measures shall receive a permit from the Division prior to construction Permit Transfer This permit is not transferable to any person or entity except after notice to and approval by the Director The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events a The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants, b The assignment or conveyance of declarant rights to another individual or entity, c The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214 7(c2), d Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08, e Bankruptcy, f Foreclosure, subject to the requirements of Session Law 2013-121, Current Perm ittee Name or Address Changes The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes A name change of the current permittee, A name change of the project, A mailing address change of the permittee, The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission, however, these actions do not stay any permit conditions Page 4 of 5 State Stormwater Management Systems Permit No SW8 060901 9 Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee 10 Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 11 The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143-215 1 et al 12 A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H 1045(3) Permit renewed, updated and reissued this the 5th day of September 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l�7rtAr1YA�.3 �uY Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 SW8 060901 - Impervious Allocation Data 10/11/18 & 11/28/18 (transferred w/o permit/design changes) oHske Humber Daze 1w16f1� Pb�n 9 3/6/18 Paermit IDJ11/1s �F.bndFiO� u/�/ 3 trttpetviousiTotaL' - aos,iio _ s,uo aos. � _ rao _ _ Commercial' 115,423 115,423 115,423 142,000 Onsite Buildings 10,000 10,000 10,000 Unknown Onsite Streets 58,958 58,958 58,958 Unknown Onsite Parking 22,010 22,010 22,010 Unknown Onsite Sidewalks 24,455 24,455 24,455 Unknown Residential 61,600 61,600 70,0001 0 Number of Lots 14 141 141 0 BUA/Lot 4,4001 4,4001 5,0001 0 Lot lZ N/A N/A 21,209 21,209 21,209 0 Onsite Buildings - - 3,192 3,192 3,192 0 Onsite Streets - - 0 0 0 0 Onsite Parking - - 15,131 15,131 15,131 0 Onsite Sidewalks - - 1,886 1,886 1,886 0 Other - - 1,000 1,000 1,000 0 Lot 2 SW8 180113 1 2/9/2018 1 01 15,3731 15,373 0 -Other - 01 01 01 72,000 Future° 186,6881 191,505 183,105 26,000 Contingency 20,1901 01 01 0 'Outside Lots 1 and 2 2Lot 1 is owned by the SW8 060901 permittee, and so an offste permit is not required An offsite permit will be required if/when the lot is sold 3The Pond 10 allocation data was not modified on 3/6/18 or 10/11/18 'This permit has historically used the terms "contingency" and "future" On 3/6/18, the term "contingency' was removed All impervious area that is available for future use is allocated as "future" Attachment C - Permitting History Brunswick Forest Phase 6 Section 1 � • r� N?11 < 711&013111-90*11S Approval Date permit Action BIMS Version Description of the Changes 9/21/2006 Original Approval 10 6/6/2007 Plan Revision Missing from BIMS 11/16/2016 Plan Revision I I Impervious area has been reallocated & Lot 2 has been 3/6/2018 Modification 1 2 created and will dram to Pond 9 Lot 2 is covered by offsite permit SW8 180113 Impervious area has been reallocated There are no changes to the plans Lots 1- 10/11/2018 Modification 1 3 14 Each residential lot was increased by 600sf The future allocation was reduced accordingly From Funston Land & 1 1 /28/2018 Transfer 1 4 Timber to Brunswick Forest Master Association, LLC 9/5/2021 Renewal 20 �CEIV OCT 15 209 PermitNumber S.� g e)(. 0 0 ( (to be p omded by DWQ) Drainage Area Number fna S Wet Detention Basin Operation and Maintenance Agreement I will keep a mamtenance record on this BMP This maintenance record will be kept in a log in a known set location Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) ❑ does ® does not incorporate a vegetated filter at the outlet This system (check one) ❑ does ® does not incorporate pretreatment other than a forebay Important maintenance procedures — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks) — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency dram should be minimized to the maximum extent practical — Once a year, a dam safety expert should inspect the embankment After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance should be kept in a known set location and must be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element, Potential problem How I will remediate the problem The entire BMP Trash/debris is present Remove the trash/debris The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide lime and a one-time fertilizer ap lication Vegetation is too short or too Maintain vegetation at a height of long approximately six inches Form SW401-Wet Detention Basin O&M -Rev 4 Page I of 5 r Permit Number SC. tf c3(� 050( (to be provided ) Drainage Area Number PortCM BMP element Potential problem How I will remediate the problem The inlet device pipe or The pipe is clogged Unclog the pipe Dispose of the swale sediment off -site The pipe is cracked or Replace the pipe otherwise damaged Erosion is occurring in the Regrade the swale if necessary to swale smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion The forebay Sediment has accumulated to Search for the source of the a depth greater than the sedmtent and remedy the problem if original design depth for possible Remove the sediment and sediment storage dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or nprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP Algal growth covers over Consult a professional to remove 50% of the area and control the algal growth Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) the basin surface ECFIVE OCT 15 2013 Form SW401-Wet Detention Basin O&M -Rev 4 4 Page 2 of 5 RV -- Permit Number SWB o(00 [O( (to be propvided by DWQ) Drainage Area Number T� n a i( BMP element Potential problem How I will remediate the problem The embankment Shrubs have started to grow Remove shrubs immediately on the embankment Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair if applicable) The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged Repair or replace the outlet device The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet the 401 Oversight Unit at 919-733- 1786 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth readmg and not readily penetrate into accumulated sediments When the permanent pool depth reads 5 25 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 5 25 feet in the forebay, the sediment shall be removed Sediment Removal Bottom BASIN DIAGRAM (Jill in the blanks) Permanent Pool Elevation 33 0 27 75 Pe manen Pool ------------------ Volume Sediment Removal Elevation 27 75 26 0 ft Min --------------------- ------------ Sediment Bottom Elevation 26 0 Storage FOREBAY MAIN POND EC E OCT 15 2013 Form SW401-Wet Detention Basin O&M -Rev 4 Page 3 of 5 1-ft Storage Permit Number c�jl.J $ b �p O 7O( (to be provided by DWQ) Drainage Area Number PO Ack 5 OCT 15 2043 Form SW401-Wet Detention Basin O&M -Rev 4 Page 4 of 5 PermitNumber 5wR o (06 f7o ( (io be provided by DIFQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Project nameBrunswick Forest Phase 6 Section 1 BMP drainage area number Print name Allen Jefferson Earp Title Vice President, Brunswick Forest Master Association, Inc Addri Phoin Signa Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president 1, bCytrN SU.^Iv ')e(k L^ a Notary Public for the State of Own Cip LAnq County of ftnatl do hereby certify that WIC/1 Jt4IR4Sr4n te oep personally appeared before me this 2"l day of b A.5erk 120 j 4 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, ' SUMtijF'',o ��• OSP.Ry 2 ` � U "",,TFR Co SEAL ECEIVE My commission expires OCT 15 2043 Rv --- __ Form SW401-Wet Detention Basin O&M -Rev 4 Page 5 of 5 Permit Number Sl.c-)$ 6(e050( (to be provided by DWQ) Drainage Area Number P-QVLa (O Wet Detention Basin Operahon and Maintenance Agreement I will keep a maintenance record on this BMP This maintenance record will be kept in a login a known set location Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) ❑ does ® does not incorporate a vegetated filter at the outlet This system (check one) ❑ does ® does not incorporate pretreatment other than a forebay Important maintenance procedures — Immediately after the wet detention basm is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks) — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical — Once a year, a dam safety expert should inspect the embankment After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance should be kept in a known set location and must be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element Potential problem How I will remediate the problem The entire BMP Trash/debris is present Remove the trash/debris The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide lime and a one-time fertilizer application Vegetation is too short or too Maintain vegetation at a height of long approximately six inches Form SW401-Wet Detention Basin O&M -Rev 4 E(30 E OCT 15 20`3 Page l of 5 PermitNumber SW 3 0 vQ O ciof (to be pr vrded by DWQ) Drainage Area Number a>t I c BMP element Potential problem How I will remediate the problem The inlet device pipe or The pipe is clogged Unclog the pipe Dispose of the swale sedunent off -site The pipe is cracked or Replace the pipe otherwise damaged Erosion is occurring in the Regrade the swale if necessary to swale smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible Remove the sediment and sediment storage dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or rrprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP Algal growth covers over Consult a professional to remove 50% of the area and control the algal growth Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) the basin surface _IVE Form SW401-Wet Detention Basin O&M -Rev 4 OCT 15 20i 1 Page 2 of 5 • 4 _ PermitNumber St-J $ 0(o O y of (to be p vided by DIVQ) Drainage Area Number O Ytcl a BMP element Potential problem How I will remediate the problem The embankment Shrubs have started to grow Remove shrubs immediately on the embankment Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair if applicable) The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged Repair or replace the outlet device The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet the 401 Oversight Unit at 919-733- 1786 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 5 25 feet in the main pond, the sechment shall be removed When the permanent pool depth reads 5 25 feet in the forebay, the sediment shall be removed Sediment Removal Bottom BASIN DIAGRAM ill in the blanks) 2111 1 Pe anen� --------------- -- Volume 26 0 -ft Min Sediment Storage FOREBAY Form SW401-Wet Detention Basin O&M -Rev 4 Permanent Pool Elevation 33 0 Sediment Removal Elevation 27 75 Volr: ---------------------- ---- Bottom Elevation 26 0 1 1-ft MAIN POND EC� �9 OCT 15 209 qY� Page 3 of 5 Storage Permit Number Sc.--> 0(0 ci 5 O ( (lo be pr vtded by DRQ) Drainage Area Number 6 A - -A 10 E C E I 9A �2 OCT 15 201 q P 'y Form SW401-Wet Detention Basin O&M -Rev 4 Page 4 of 5 Permit Number Swg O (p b 5 0 (to be provided by DWQ acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Project name Brunswick Forest Phase 6 Section 1 BMP drainage area numberPond 10 Print name Allen Jefferson Earp Title Vice President, Brunswick Forest Master Association, Inc Addr Phon Signz Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president "IcAln M SLywimCA-4i a Notary Public for the State of Nq) th CAnunG, County of '�Cn(Je( do hereby certify that Nitim Jo+ft-sc r^ le" personally appeared before me this day of MAqu E& '24)IV , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, SUMtyFR`•.,% w� �piARCEIVE 0 -o PUBo CO SEAL My commission expires 312AI21 Form SW40I-Wet Detention Basin O&M -Rev 4 Page 5 of 5 � j- ,>. J�. 1, ,1,4 ) f: , ! 1 li:1.Ic- DEMLR USE ONLY Date Reqlv2oFee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources ECEIVE STATE STORMWATER. SEP - 2 2021 PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days pnor to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60 (c) This application form is for permit renewals only A PROJECT INFORMATION 1 State Stormwater Permit Number swe 060901 2 Protect name BRUSNWICK FOREST PHASE 6 SECTION 1 3 Protect street address EVANGELINE DRIVE City LELAND County BRUNswIcK ZIP 28451 4 What, if any, changes have been made to the protect as permitted? NONE If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at https //deg nc gov/abouf/dwisions/energv- m ineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction B PERMITTEE INFORMATION If changes to the permrttee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at https //deg nc gov/about/divisions/energy-mineral-land- resources/energv-mineral-land-rules/stormwater-program/post-construction State Stormwater Permits do not automatically transfer with the sale of the property 1 Current Permit Holder's Company Name/Organization Brunswick Forest Master Association, Inc 2 Signing Official's Name Allen Jefferson Earp 3 Signing Official's Title Director/Vice President 4 Mailing Address 1007 Evangeline Drive City Leland State Nc ZIP 28451 5 Street Address 1007 Evangeline Drive City Leland State NC ZIP 28451 6 Phone ( 910 ) 383-1425 Email jearp®brunswickforest com __ _ �rG+1�a1 01.+ iz— SEP 0 2 2021 Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQ W/ORM Only applications packages that include all required items listed below will be accepted and reviewed Initial each item below to indicate that the required information is provided in the application package ag— 1 A permit application processing fee of $505 00 payable to NCDEQ ag 2 One original signed hard copy and one electronic copy of this completed form The signing official named on this application to represent the current permittee must meet one of the following a Corporation — a principle executive officer of at least the level of vice-president, b Limited Liability Company (LLC) — a manager or company official as those terms are defined In G S 57D "North Carolina Limited Liability Company Act," c Public Entity — a principal executive officer, ranking official, or other duly authorized employee, d Partnership or limited partnership — the general partner, e Sole proprietor, or f Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity 3 One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including deed restrictions, protective covenants, condominium/planned community declaration and easements If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date 4 O&M Agreements, Please select one Q 1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit, or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent tome I agree to keep this on file with the permit 5 Designer Certifications, Please select one A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division, or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed, or ❑ The project has not yet been built ag 6 [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit ag 7 [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC) Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C 2 per 15A NCAC 2H 1043(3)(b) httos //www sosnc gov/online services/search/bv title/ Business Registration SEP 0 2 2021 d ,1 BY: Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018 D PERMITTEE'S CERTIFICATION I, Allen Jefferson Earn , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership7ete on rovided on this permit renewal applicatj&('7_4 tthe best of my knowledge, correct and com Signature Date NOT 0 CL County of that 15�!!U C'-Pk this the 0 day of execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires a Notary Public for the State of do hereby certify personally appeared before me 20_2�, and acknowledge the due LP GAR"''., OTA oS 9` BLIG��;; O�%`R CO\y ;c SEP 0 2 2021 Bye Stonnwater Permit Renewal Application Form Page 3 of 3 May 11 2018 Permit No 51-R ` 009 I (to be p ovided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form maybe photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details 1. PROJECT INFORMATION Alf % Project Name li?!./�s+&mfz:� 6 "-aim f" 11me (O '�fzflr)4 1 Contact Person %�TT! �/Ir� Phone Number ( 91a) 383-/q25 t For projects with multiple basins, specify which basin this worksheet applies to �hd NQ _X_ MS/ elevations Basin Bottom Elevation 26,0 ft Permanent Pool Elevation 33.0 ft Temporary Pool Elevation 31/, 5 ft (/loor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 021 ZOO sq ft (water surface area at the orifice elevation) Drainage Area /y, y ac (on -site and off -site drainage to the basin) Impervious Area % 3 ac (on -site and off -site drainage to the basin) volumes Permanent Pool Volume sfi 4W 5 cu ft (combined volume of main bavin and forebay) Temporary Pool Volume 374 500 cu ft (vohime detained above the permanent pool) Forebay Volume 161�ZOO cu ft (approximately 20% of total volume) Other parameters SA/DAI 7,7 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 2 in (2 to 5 day temporary pool draw -down required) Design Rainfall in Design TSS Removal 2 %O % (minimum 85% required) Form SWU-102 Rev 3 99 Page I of 4 SEP � 12006 BY —�- Footnotes ' When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth Linear interpolation should be employed to determine the correct value for non- standard table Lntncs 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal ii REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached if the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below if a requirement has not been met, attach justification Applicants Initials -1)BB a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) 7 01 BBB b The forebay volume is approximately equal to 20% of the basin volume DB R c The temporary pool controls runoff from the design storm event 'bB3 d The temporary pool draws down in 2 to 5 days -bB B e If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) DBB f The basin length to width ratio is greater than 3 1 DB Q g The basin side slopes above the permanent pool are no steeper than 3 1 -DE B It A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) 7DB13 i Vegetative cover above the permanent pool elevation is specified bBB I A trash rack or similar device is provided for both the overflow and orifice BBB k A recorded drainage easement is provided for each basin including access to nearest right- -PL4T of -way _DBB I if the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin -bB6 in A mechanism is specified which will dram the basin for maintenance or an emergency 111. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) 0 does Odoes not incorporate a vegetated filter at the outlet. This system (check one) 0 does Vdoes not incorporate pretreatment other than a for Form SWU-102 Rev 3 99 Page 2 of 1 SEP 0 1 Z005 Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed 2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed Inspect and repair the collection system (i a catch basins, piping, swales, riprap, etc ) quarterly to maintain proper functioning 4 Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i e stockpiling near a wet detention basin or stream, etc ) The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 5 Z5 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 5 7-5 feet in the forebay, the sediment shall be removed BASiN DiAGRAM (fill in the blanks) Permanent Pool Elevation 53.0 Sediment Re oval El 27 75 75 a ----- - Sediment Removal Elevation 27 75 75% Bottom Ele ation -io U % -----------------------------------------"---- Bottom Elevation ZIP. 2 5 % FOREBAY MAIN POND Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These plants shall be encouraged to grow along the vegetated shelf and forcbay berm 6 If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency dram shall be minimized to the maximum extent practical RIEC� ,TV'P=D Form SW U-102 Rev 399 Page, 3 of 4 SEP 0 1 2006 LBY — — 7 All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print name /W/em .4 Title MCI n• n 7• f..• u� l Phon, Signa Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president 1, liCl , !� , a Notary Public for the State of County of S Q/1L per^ do hereby certify t t ?ham SQ'--) personally appeared before me this st day of 0, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, K I Me9�`': 22 Notvi � =_ � Fu51ic 2` SEAL My commission expires RF: C PIAtT F FormSWU-102 Rev 399 Page 4of4 SEP 0 1 2006 I BY —_— — —1 Permit No 5 V"y cw `ol (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details i PROJECT INFORMATION Project Name Contact Person W Phone Number ('7W) 303-IgZ5 For projects with multiple basins, specify which basin this worksheet applies to Rp'-Y A19 /0 elevations Basin Bottom Elevation 2CV• 0 ft (floor of the basin) Permanent Pool Elevation 33 0 ft (elevation of the orifice) Temporary Pool Elevation 3cf, 5 ft (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 79, 6W sq ft (water surface area at the orifice elevation) Drainage Area /Z.l0 ac (on -site and off -sue drainage to the basin) Impervious Area 5,5 ac (on -site and off -site drainage to the basin) volumes Permanent Pool Volume 2 73 i72 5 cu ft (combined volume of main basin and forebay) Temporary Pool Volume /3 ,iQ00 cu ft (volume detained above the permanent pool) Forebay Volume "5'/1 350 cu ft (approximately 20% of total volume) Other parameters SA/DAI 1,7 (surface area to drainage area ratio from DWQ table) Diameter of Orifice Z in (2 to 5 day temporary pool draw -down required) Design Rainfall / in Design TSS Removal 2 90 % (minimum 85% required) R]EC�yi i 4 p SEP p 1 2006 Form SWU-102 Rev 3 99 Page I of 4 BY _--� Footnotes l When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth Linear interpolation should be employed to determine the correct value for non- standard table entries 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal II REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification Applicants Initials D13/3 a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) `Di313 b The forebay volume is approximately equal to 20% of the basin volume DB8 c The temporary pool controls runoff from the design storm event 'DBB d The temporary pool draws down in 2 to 5 days 1D88 e If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) -PBS f The basin length to width ratio is greater than 3 1 25/33 g The basin side slopes above the permanent pool are no steeper than 3 1 _MB It A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) M/3 i Vegetative cover above the permanent pool elevation is specified "DBB I A trash rack or similar device is provided for both the overflow and orifice UBB k A recorded drainage easement is provided for each basin including access to nearest right- 7,Zl�T of -way �D373 1 if the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin 208 in A mechanism is specified which will dram the basin for maintenance or an emergency iII WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) 0 does This system (check one) 0 does @ does not incorporate a vegetated filter at the outlet O'does not incorporate pretreatment other than a for Form SWU-102 Rev 3 99 Page 2 of 4 I SEP 0 1 2006 Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed 2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed Inspect and repair the collection system (i e catch basins, piping, swales, riprap, etc ) quarterly to maintain proper functioning 4 Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i c stockpiling near a wet detention basin or stream, etc ) The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 5 7-5 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 5, Z5 feet in the forebay, the sediment shall be removed BASIN DiAGRAM (lilt in the blanks) Permanent Pool Elevation 3316 Sediment Re oval EI 27,75 75 0 -------------- - Sediment Removal Elevation 27,75 75% Bottom Ele ation ?6,j) %------------------------------------------- -25% Bottom Elevation FOREBAY MAIN POND 5 Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These plants shall be encouraged to grow along the vegetated shelf and forebay berm 6 If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency dram shall be minimized to the maximum extent practical SEP 0 ? 200E Fonn SWU-102 Rev 3 99 Page 3 of LBY _ _----- - -7 All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print name IcWe I -l-Frz�eoAl 69Rp Title LJ'�jY�g� di,�r� �i2c TihihPll llL Address Phoni Signa Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president a Notary Public for the State of Coun of P/�'G�� do hereby certify that personally appeared before me this I S f day of Z00 C , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, .- p P `�.�� v m CU ;N; SEAL My commission expires 1tIC��T4 SEP 0 1 2(on; Form SWU-102 Rev 399 Page 4of4 BY i it State Stormwater Management Systems Permit No SW8060901 �c3t�at- icy c3 Brunswick Forest Phase 6 — Section 1 Stormwater Permit No SW8 060901 Brunswick County Designer's Certification r--Cg 1 8 2009 Certification Page 1 of 2 as a duly registered fPL.� in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) � tz(�S (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications "rhe checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications \\IIIII111lRt C RO&%, cc5St• ter\. � SEAL 20007 c�/� ciQ� SEAL Signature �'. O'-NAlNV �� •• 5. Registration Number Date 2. • Can, •Cng cr� v-eJCJ=W putn-'A-cLa-d. t -" Secaecsa C cry�s �o tie E) qaa-7� e5-� Dc '. 6 ' a . Page 7 of 8 IF State Stormwater Management Systems IJd 9 Permit No SW8060901 Certification Requirements F_5 1 S 2009 Paget of 2 r V, I The drainage area to the system contains approximately the permitted acreage y 2 The drainage area to the system contains no more than the permitted amount of built -upon area �3 All the built -upon area associated with the project is graded such that the runoff drams to the system �4 All roof drams are located such that the runoff is directed into the system _k G5 The outlet/bypass structure elevations are per the approved plan The outlet structure is located per the approved plans ✓7 Trash rack is provided on the outlet/bypass structure yid All slopes are grassed with permanent vegetation r/ 99 Vegetated slopes are no steeper than 3 1 ✓] 0 The inlets are located per the approved plans and do not cause short-circuiting of (� the system 1 1 The permitted amounts of surface area and/or volume have been provided Required drawdown devices are correctly sized per the approved plans All required design depths are provided 4 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter �5 The re ensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Permit No SW8 060901 Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County Engineering Page 8 of 8 %y State Stormwater Management Systems Permit No SW8060901 'PC7-d 1..1SE'IGo Brunswick Forest Phase 6 — Section I Stormwater Permit Nc�SW8 06090 Brunswick Countv Designer's Certification FEB 1 8 2009 Certification Page 1 of 2 1, 1' t1t R Z. 0qc=3L(t g , as a duly registered �PE% PLS in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, SUJ't C1-- y&y-p—S'F PkC—S e G I (Project) fot rZJKSFO��G.CtL�_�T►t� ba r>�iolect Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications CAR0��y,, SSiri:•._ 9 SEAL 20007 SEAL Signature Registration Number 2000`Z •�� Date 2 • e 8 • (ng S eL�,Pve,-L �►� c-f S 1 v-e crc q� e c� elf CJ Page 7 of 8 State Stormwater Management Systems 0( 1Q Permit No SW8060901 Certification Requirements Fig 1 8 2009 Paget of 2 VI The drainage area to the system contains approximately the permitted acreage The drainage area to the system contains no more than the permitted amount of built -upon area (/ 3 All the built -upon area associated with the project is graded such that the runoff drams to the system V 4 All roof drams are located such that the runoff is directed into the system _s 15 The outlet/bypass structure elevations are per the approved plan ✓6 The outlet structure is located per the approved plans �,G7 Trash rack is provided on the outlet/bypass structure e/8 All slopes are grassed with permanent vegetation Vegetated slopes are no steeper than 3 1 �0 The inlets are located per the approved plans and do not cause short-circuiting of the system 'I 1 The permitted amounts of surface area and/or volume have been provided tG12 Required drawdown devices are correctly sized per the approved plans J3 All required design depths are provided �I 4 All required parts of the system are provided, such as a vegetated shelf a forebay and the vegetated filter 15 The required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Permit No SW8 060901 Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County Engineering Page 8 of 8 BOOK:4099 PAGE:1203 oalzq/zoia E 6peg Page 1 of 4 Brenda M (lemmons Brunswick County Rcgl"er of Deeds S 6WBocr,o90 1 ECEIVE SEP 0 7 2018 BY AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRUNSWICK FOREST RESIDENTIAL PROPERTY Prepared by MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA BRUNSWICK COUNTY This AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRUNJWICK FOREST RESIDENTIAL PROPERTY ("Supplemental Declaration") is made this V day of &*L* 1 2018, by FUNSTON LAND & TIMBER, LLC, a limited liabdlty company organized and existing under the laws of the state of North Carolina ("DECLARANT') WITNESSETH WHEREAS, the DECLARANT heretofore executed that certain Master Declaration of Covenants, Conditions, and Restrictions for Brunswick Forest Residential Property and caused the same to be recorded in Book 2359, Page 362 in the Brunswick County Registry (as the same may be heretofore or hereafter amended and/or supplemented, the "Declaration'), WHEREAS, capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Declaration, WHEREAS, by Supplemental Declaration to Master Declaration of Covenants, Conditions, and Restrictions for Brunswick Forest Annexing Real Property recorded in Book 2611, Page 1305, of the Brunswick County Registry (the "Prior Supolemental Declaration % the DECLARANT previously annexed and subjected certain real property designated as Lots 1 - 56, Phase 6, Section 1 of Brunswick Forest (also known as "Evangeline Cottages at Brunswick Forest"), along with other properties, to the Declaration and to the State of North Carolina rules 199421 1 (SW P651 INN Submitted electronically by Murchison, Taylor Gibson, PLLC In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds 11111111 Jill Jill 111111111111111111111 BOOK:4099 PAGE:1204 08/9120 UD E ermda M Uenmions Brvnsdck Cawny Reglser of Dells P•4� i o and regulations covering stormwater runoff, as these rules and regulations are amended from time to time; WHEREAS, in Section 10.11. Section 1012 and Section 19.1 of the Declaration, the DECLARANT reserved the right to amend the Declaration and subject any portion of Brunswick Forest to additional or modified stormwater restrictions, as and to the extent required by the terms of any stormwater permit applicable to Brunswick Forest, WHEREAS, the DECLARANT desires to amend the Declaration to clarify the stormwater permits numbers as applicable to the various lots in Phase 6, Section 1 of Brunswick Forest, and to revise and amend the maximum built upon area allocations, including impervious surfaces, as the same were set out in the Prior Supplemental Declaration, and NOW THEREFORE, in accordance with its rights under the Declaration (including without lunitation Section 9.1. Section 1011. Section 1012. Section 191 thereof), the DECLARANT does hereby supplement and amend the Declaration as follows A. DECLARANT hereby supplements and amends Section 1012(a) of the Declaration as follows (and only as to the property described herein). "10.12 Site Coverage and Stormwater Runoff Rules. (a) The following restrictions in this Paragraph 1012(a) shall apply only to Lots 1 - 56, Phase 6, Section 1 of Brunswick Forest (also known as "Evangeline Cottages at Brunswick Forest"), as those lots are shown on plats recorded in the Brunswick County Registry, which plats are incorporated herein by reference (as so recorded, the "Property'). (1) The covenants in this Paragraph 10.12(a) are intended to ensure ongoing compliance with the respective state stormwater management permits described below, as amended, as issued by the Division of Water Quality under NCAC 2H 1000 and any subsequently issued permits or modifications thereof (each, a "Permit" and collectively, the "Perms ') and may not be changed or deleted without the consent of the State of North Carolina, Division of Water Quality, or its successor agency (2) The State of North Carolina is made a beneficiary of the covenants contained in this Paragraph 10.12(a) to the extent necessary to maintain compliance with the Permit. (3) These covenants are to run with the land and be binding on all persons and parties claiming under them. (4) Alteration of the drainage as provided in the Permits may not take place without the concurrence of the Division of Water Quality, or its successor agency (5) The maximum allowable built -upon area per Lot in the Property, in square feet, is as listed below. 1"41i BOOK:4099 PAGE:1205 Brenda M Uemnrons Brunswick County Register of Deeds 08/29/2018 E Page 3 of19 ga 00 SW Permit # Phase # Section # Lot # _Max BUA f SW8 060901— —6— "1— —1-9 & 52--56, S 000 s . ft.-1 SW8 070213 6 1 10-21 & 50-51 6,500 s . ft. SW8 070213 6 1 22 7,000 s . ft. SW8 070213 6 1 23 26 & 28-47 5 00 s . ft. SW8 070213 6 1 24 6 400 s . ft. SW8 070213 6 1 25 6.000 s . ft. SW8 070213 6 1 27 5,600 s . ft. SW8 070213 6 1 48 5,300 s . ft. SW8 070213 6 1 49 7 000 s . ft. These allotted amounts include any built -upon area constructed within the Lot property boundaries and that portion of the right-of-way between the front lot lines and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (6) All runoff from the built -upon areas on a Lot must dram into the permitted stormwater system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales directing them into the pond or street. Lots that naturally drain into the stormwater system are not required to provide these additional measures " Be DECLARANT hereby confirms that the term "Lot(s)" used in Section 10.12 of this Supplemental Declaration shall have the same meaning as the term "Unit(s)" as defined in the Declaration. C. DECLARANT hereby declares that Property (and all other properties heretofore or hereafter subject to the Declaration) shall be held, sold, and conveyed subject to the Declaration, as amended by this Supplemental Declaration, which covenants shall run with title to the some and shall be binding on all parties having any right, title, or interest in the described properties or any part thereof, and shall mure to the benefit of each owner thereof. . EXCEPT AS AMENDED AND SUPPLEMENTED HERETOFORE AND HEREIN, the Declaration shall be and remain in full force and effect. - SIGNATURE PAGE FOLLOWS — �wA0(oogo\ 199421 0 brmaa M Qemmons Rmnswlck County Register of Deeds FUNSTON a North Can By Name Its STATE OF NORTH CAROLINA COUNTY OFfMN06140L, iCaunq %0= acknmdedgment taken) XW91V M e 5 ' IMBER, LLC hability company County, North Carolina, do hereby certify that Allen Jefferson Earp, Manager of Funston Land & Timber, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of said company Witness my hand and official seal this the rt�/\�\\� day of1J19d 1S,k .2018 ,,„„rn�nrrrfr,,,,,,,,, I�s•G SUMngFR`ii Notary Public A R Y '; n C, eV5 qPUBU\G32z My Commission Expires c3Z� �FR COVa,.� 199421 m cnuw m �annnrom vmnamaw w.puury nryn a va pccm AMENDMENT AND .SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRUNSWICK FOREST RESIDENTIAL PROPERTY Prepared by MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA BRUNSWICK COUNTY This AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRUNWICK FOREST RESIDENTIAL PROPERTY ("Supplemental Declaration") is made thivj— day of Auaw ( 2018, by FUNSTON LAND & TIMBER, LLC, a limited liability company organized and existing under the laws of the state of North Carolina ("DECLARANT") WITNESSETH WHEREAS, the DECLARANT heretofore executed that certain Master Declaration of Covenants, Conditions and Restrictions for Brunswick Forest Residential Property and caused the same to be recorded in Book 2359, Page 362 in the Brunswick County Registry (as the same may be heretofore or hereafter amended and/or supplemented, the "Declaration'), WHEREAS, capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Declaration, WHEREAS, by Supplemental Declaration to Master Declaration of Covenants, Conditions, and Restrictions for Brunswick Forest Annexing Real Property recorded in Book 2611, Page 1305; Book 3194, Page 828; Book 3202, Page 662; Book 3292, Page 513, Book 3305, Page 669; Book 3298, Page 1224 and Book 3249, Page 1031 of the Brunswick County Registry (collectively, the "Prior Supplemental Declarations"), the DECLARANT previously annexed and subjected certain real property designated as Lots 1 - 60, Phase 6, Section 2 of 1994212(SW P6S2 EVr) submitted electronically by Murchison, Taylor Gibson, PLLC in compliance with North Carolina statutes governing recordable documents and the terms of the submltter agreement with the Brunswick County Register of Deeds I III II Jill III 111111111 BOOK:4099 PAGE:1208 10/1958001 E 2 &coda M Clenunats Brvnswkk County Re0lster of Deeds Pape of Brunswick Forest (also known as "Evangeline Townhomes at Brunswick Forest"), along with other properties, to the Declaration and to the State of North Carolina rules and regulations covering stormwater runoff, as these rules and regulations are amended from time to time, WHEREAS, in Section 101 L Section 10.12 and Section 19 l of the Declaration, the DECLARANT reserved the right to amend the Declaration and subject any portion of Brunswick Forest to additional or modified stormwater restrictions, as and to the extent required by the terms of any stormwater permit applicable to Brunswick Forest, WHEREAS, the DECLARANT desires to amend the Declaration to clarify the stormwater permits numbers as applicable to the various lots in Phase 6, Section 2 of Brunswick Forest, and to revise and amend the maximum built upon area allocations, including impervious surfaces, as the same were set out in the Prior Supplemental Declaration; and NOW THEREFORE, in accordance with its rights under the Declaration (including without limitation Section 9.1. Section 10.11. Section 10.12. Section 191 thereof), the DECLARANT does hereby supplement and amend the Declaration as follows A. DECLARANT hereby supplements and amends Section 10.12(a) of the Declaration as follows (and only as to the property described herein): "10.12. Site Coverage and Stormwater Runoff Rules (a) The following restrictions in this Paragraph 1012(a) shall apply only to Lots 1- 60, Phase 6, Section 2 of Brunswick Forest (also known as "Evangeline Townhomes at Brunswick Forest"), as those lots are all shown on plats recorded in the Brunswick County Registry, which plats are incorporated herein by reference (as so recorded, the "Pro a "). (1) The covenants in this Paragraph 1012(a) are intended to ensure ongoing compliance with the respective state stormwater management permits described below, as amended, as issued by the Division of Water Quality under NCAC 2H 1000 and any subsequently issued permits or modifications thereof (each, a "Permit" and collectively, the "Permits'l and may not be changed or deleted without the consent of the State of North Carolina, Division of Water Quality, or its successor agency. (2) The State of North Carolina is made a beneficiary of the covenants contained in this Paragraph 10.12(a) to the extent necessary to maintain compliance with the Permit. (3) These covenants are to run with the land and be binding on all persons and parties claiming under them (4) Alteration of the drainage as provided in the Permits may not take place without the concurrence of the Division of Water Quality, or its successor agency. (5) The maximum allowable built -upon area per Lot in the Property, in square feet, is as listed below• 1990212(SW P6n EM BOOK:4099 PAGE:1209 Bren&M Clemmata 8MRIWIrk County Register of Deeds unity/Lui4 c 10 1958001 Page 3 of 4 SW Permit # Phase # Section # Lot # Max BUA SW8 070213 6 2 1 6& 7 5 00 a. ft. SW8 070213 6 2 2-5 & 8-12 4,600 s. ft. SW8 070213 6 2 17-25 & 27-29 4,200 sq. ft. SW8 070213 6 2 26 4,000 sq. ft. SW8 070213 6 2 37, 40, 41, 44, 48, 49, 52 53 56 57 2,723 sq. ft. SW8 070213 6 2 38 39 42q43 2,200 sq. ft. SW8 070213 6 2 45, 46, 47, 50, 51, 54, 55958 3,310 sq. ft. SW8 070213 6 2 13.16 30-36 59-60 N/A(Lots deleted These allotted amounts include any built -upon area constructed within the Lot property boundaries and that portion of the right-of-way between the front lot lines and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (6) All runoff from the built -upon areas on a Lot must drain into the permitted stormwater system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales directing them into the pond or street. Lots that naturally drain into the stormwater system are not required to provide these additional measures." B. DECLARANT hereby confirms that the term "Lot(s)" used in Section 10.12 of this Supplemental Declaration shall have the same meaning as the term "Unit(s)" as defined in the Declaration. C. DECLARANT hereby declares that Property (and all other properties heretofore or hereafter subject to the Declaration) shall be held, sold, and conveyed subject to the Declaration, as amended by this Supplemental Declaration, which covenants shall run with title to the same and shall be binding on all parties having any right, title, or interest in the described properties or any part thereof; and shall inure to the benefit of each owner thereof EXCEPT AS AMENDED AND SUPPLEMENTED HERETOFORE AND HEREIN, the Declaration shall be and remain in full force and effect. - SIGNATURE PAGE FOLLOWS — 19W212 (SW PM En 1111111111111111111111111111111111111111 Duum.,+v7y rHUC:1Lly Brenda M Cleumtons Bmnswkk County Register of Deeds iu'ie'se of Page 0 of 4 STATE OF NORTH CAROLINA COUNTY OF T1hWf 5L4(.IC- (Countywhatad myledgment t&m) FUNSTON LAND & a North Carolina ht2 ii By Name Its LLC allotary Public for f/1dC County, North Carolina, do hereby certify that Allen Jefferson Earp, Manager of Funston Land & Timber, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of said company Witness my hand and official seal this the 7-1 day of b64ui 2018 r°"SUMMER "'a Wd 20� a <t~• ct JZ PVBb DER GO,% 1994212(SW P&S2 LVr) Notary Public My Commission Expires 312LI174 II' I I "I I II I I II I I I'I "II I' II' I II II'll BOOK 4002 PAGE:867 13/as 290000 Bi coda M Clennnons BiwiswlcA Comrcy Register of Deeds P,9e 1 of 12 b �b�bl Com�cN1 ECEIVE OCT 15 201 AV --- WARRANTY DEED Prepared by MURCHISON, TAYLOR & GIBSON, PLLC, 16 North Fifth Avenue, Wilmington, NC 28401 This instrument was prepared by Faison G Sutton, a licensed North Carolina attorney Delinquent taxes, if any, are to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. NORTH CAROLINA PARCEL See Exhibit A BRUNSWICK COUNTY REVENUE STAMPS $0 00 THIS WARRANTY DEED is made this Lb' "day of December 2017, by and between Funston Land & Timber, LLC, a North Carolina limited liability company with a mailing address of 1007 Evangeline Drive, Leland, NC 28451 ("Grantor" or "Declarant'), and Brunswick Forest Master Association, Inc., a North Carolina nonprofit corporation with a [nailing address of 1007 Evangeline Drive, Leland, NC 28451 ("Grantee" or "Master Association') WHEREAS, Grantor is the Declarant named in the Master Declaration of Covenants, Conditions, and Restrictions For Brunswick Forest Residential Property recorded in Book 2359 at Page 362 of the Brunswick County Registry (as amended, the' Master Declaration"), WHEREAS, Grantee is the Master Association named in the Master Declaration, WHEREAS, capitalized terms used herein shall have the same meanings ascribed to such terms in the Master Declaration unless otherwise defined herein, WHEREAS, the Master Declaration (including without limitation Sections 7 1(b) and (c)) provides that Declarant may convey to the Master Association any real property within Brunswick Forest (including without limaation Common Area —and Limited Common Area), which real property shall be accepted and thereafter maintained, —repaired and replaced by the Master Association at its expense for the benefit of the Members (unless otherwise directed by Declarant as provided below or provided by any applicable maintenance agreement or Recorded covenants 176835 CA & LCA Submitted electronically by Murchison, Taylor Gibson, PLLC in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds 111111111111 I I I II 11111111 II 11111111111 BOOK:4002 PAGE:868 Mendh M Clennnous B&unswla County Re9ntei of Deeds 12/29/2017 E 13 45 29 000 Rt9e 2 of 12 deeds or other instruments) and which real property shall be subject to any covenants and restrictions set forth in the deed transferring such property, WHEREAS, the Master Declaration (including without limitation Sections 7 2, 12 1 and 12 2) provides that Declarant may designate certain portions of the Common Area as Limited Common Area, by designation in the deed conveying such area to the Master Association, on a subdivision plat, or by Supplemental Declaration, and that all costs associated with maintenance, repair, replacement, and insurance of a Limited Common Area shall be a Neighborhood Expense allocated among the Owners in the Neighborhood(s) to which the Limited Common Areas are assigned, regardless of whether the Master Association may be responsible for performing such maintenance, WHEREAS, the Master Declaration (including without limitations Sections 5 2 and 7 2) provides that Master Association shall maintain the Area of Common Responsibility, except to the extent that the Board of the Master Association resolves to assign to a Neighborhood Association the costs of operating, maintaining, and insuring certain portions of the Area of Common Responsibility within or adjacent to such Neighborhood, which assignment can be made regardless of ownership and regardless of the fact that such maintenance may be performed by the Master Association WHEREAS, in accordance with the foregoing, Declarant desires to convey to Master Association and Master Association desires to accept certain Common Areas and Limited Common Areas in Brunswick Forest as described herein, NOW, THEREFORE, Declarant, for and in consideration of the sum of Ten dollars ($10 00) and other valuable consideration to it in hand paid by the Master Association, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto Master Association and its successors and assigns forever, in fee simple, all that certain real property and appurtenances thereto located in Brunswick County, North Carolina, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property") SUBJECT TO (i) restrictions, covenants, easements and encumbrances of record, (n) ad valorem taxes for the current and all subsequent years, (in) matters which would be revealed by a current, accurate physical survey of the Property, (iv) the terms, provisions, reservations, tights of others, conditions and restrictions contained in the Master Declaration described above, as same may be amended and/or supplemented from time to time, (v) the terms, provisions, reservations, tights of others, conditions and restrictions contained in any Neighborhood Declaration as defined in the Maier Declaration and as the same may be amended and/or supplemented from time to time, but only to the extent the Property (or portion thereof) is located within such Neighborhood, (vi) all governmental permits and regulations, including but not limited to environmental, zoning, subdivision, building and land use statutes, ordinances and regulations and all permit conditions of any federal, state or local entity, and (vii) all covenants and restrictions described herein 176835 CA & LCA 11111111111 11 111 I I II I III 11 11111111 111 BOOK:4002 PAGE:869 Bi enda 6l Cleonnons Bmnswld County Reg l stei of Deeds 12/29/2017 E 13 45 29 000 P,ge 3 of 12 Each Portion of the Property has been designated by Declarant on recorded plats and on Exhibit A as either "Common Area" or "Limited Common Area", such designations to have the meanings set forth in the Master Declaration The portions of the Property designated as Limited Common Area are intended for the primary use and benefit of the owners and occupants of the Neighborhood in which the Lunited Common Area is located or only the owners and occupants of specific lots, if so designated by Declarant on a Recorded plat It is the intent of the parties that such Property be exempt from taxation as Common Area and/or Limited Common Area, subject to applicable law, but it is Master Association's responsibility to file for any taxation exemptions or reclassifications The Declarant reserves the right, on its own behalf and on behalf of the Board of the Master Association, to assign maintenance responsibility and/or the costs of maintenance responsibility for any portion of the Property to the Master Association and/or any Neighborhood Assoctation(s) as further provided in the Master Declaration (including without limitation Sections 5 2, 7 2, 121 and 12 2 thereof) Further, notwithstanding any other provision in this deed and in addition to the rights and privileges reserved unto the Declarant in the Master Declaration and/or other agreements or instruments of record, Declarant hereby reserves unto itself, its successors and assigns a perpetual, non-exclusive easement and right-of-way of ingress, egress and regress over, under, across, through and within the Property, for the purposes of construction, maintenance, repair, location, installation, inspection and operation of any improvements on the Property, including the right to access and make reasonable use of any and all improvements or appurtenances existing or to be constructed thereon in connection with the development of Brunswick Forest TO HAVE AND TO HOLD the above granted and described Property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging or in anywise appertaining unto the said Master Association, its successors and assigns, in fee simple, forever And the Declarant, for itself, its successors and assigns, does covenant to and with the said Master Association, its successors and assigns, that it is seized in fee of the Property, that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances except those set forth above, and that it will and its successors and assigns shall wan -ant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever Pursuant to N C Gen Stat § 105-317.2, none of the Property includes the primary residence of Declarant 176835 CA & LCA IIIIIIIIIII 11 111IIIIIIII11 11111111111 BOOK:4002 PAGE:870 Bieud, M Clenmtons Bm Oswid. County Reg istei of Deeds 12/29/2017 E 13 45 29 000 Page 4 of 12 IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written FUNSTON LAND & TIhIDER, LLC a N BY NA STATE OF NORTH CAROLINA COUNTY OF RRV IJS W Ic tc (Canty wh. edmowkilo nt W=) I, �[SGMA2.V L>tLSSeil� a Notary Pubhc for COLV M F% 05 County, North Carolina, do hereby certify that Allen Jefferson Earp, Manager of FUNSTON LAND & TIMBER, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing mstnunent on behalf of the company Witness my hand and official seal this the ! day ofeeembeY, 2017 ��•�� RY �l ��4�, Not Public My Commission Expires �OTgq` '•: r •••'_ 176835 CA & LCA 11111111111 I I I II I I II I III II 11111111 III BOOK:4002 PAGE:871 Blend, M Clenmwns B.,n,,. ck County R,,Mei of Deed, 12/29/2017 E 13 Page eSof12 EXHIBIT A All of those certain lots, parcels or tracts of land lying and being situate in Town Creek Township, Brunswick County, North Carolina, and being more particularly described as follows Ashwood at Brunswick Forest (Phase 1. Section 2. Village 2A): All of that certain Common Area containing 0 10 Acres as shown on the plat recorded in Map Cabinet 64 at Page 48 of the Brunswick County Registry. Brunswick County Tax Parcel 0580000720 All of that certain Limited Common Area/Open Space containing 1 15 Acres as shown on the plat recorded in Map Cabinet 62, Page 35 of the Brunswick County Registry Brunswick County Tax Parcel 058NE00101 All of that certain Limited Common Area/Open Space containing 2 17 Acres as shown on the plat recorded in Map Cabinet 75, Page 41 of the Brunswick County Registry Brunswick County Tax Parcel 058KB00101 All of that certain Limited Common Area containing 2 32 Acres (inclusive of that 30' Buffer Area/Limited Common Area) all as shown on the plat recorded in Map Cabinet 75, Page 61 of the Brunswick County Registry Brunswick County Tax Parcel 058NG00101 All of that certain Limited Common Area/Open Space containing 0 33 Acres as shown on the plat recorded in Map Cabinet 55, Page 71 of the Brunswick County Registry Brunswick County Tax Parcel 058ND038 Evangeline Cottages at Brunswick Forest (Phase 6. Section 1)• All of that certain Common Area/Open Space Drainage Easement containing 165 Acres as shown on the plat recorded in Map Cabinet 37 at Page 42 of the Brunswick County Registry, Brunswick County Tax Parcel 058BA00102 All of that certain Common Area/Open Space Drainage Easement containing 172 Acres as shown on the plat recorded in Map Cabinet 37 at Page 42 of the Brunswick County Registry, Brunswick County Tax Parcel 058BA00104 All of that certain Common Area/Open Space/Dramage Easement containing 4 39 Acres as shown on the plat recorded in Map Cabinet 37 at Page 43 of the Brunswick County Registry, Brunswick County Tax Parcel 058BA00105 All of that certain Common Area/Open Space/Drainage Easement containing 0 92 Acres as shown the plat recorded in Map Cabinet 37 at Page 44 of the Brunswick County Registry, Brunswick County Tax Parcel 058BA00106 176835 CA & LCA II111111111 IIII 1111111111111111111111 BOOK:4002 PAGE:872 Bienda M Clennnons Bmnswid County Reg"teI of Deeds 12129/2017 E 13 45 29 000 Page 6 of 12 All of that certain Common Area/Open Space/Drainage Easement containing 8 79 Acres as shown on the plat recorded in Map Cabinet 37 at Pages 42-44 of the Brunswick County Registry, Brunswick County Tax Parcel 058BA00107 Evangeline Townhomes at Brunswick Forest (Phase 6. Section 21• All of that certain Revised Limited Common Area/Lots 17R Thru 29R and 37 Thru 44 containing 2 49 Acres as shown the plat recorded in Map Cabinet 58 at Page 25 of the Brunswick County Registry, Brunswick County Tax Parcel- 058GA00102 All of that certain Limited Common Area containing 1 12 Acres as shown the plat recorded in Map Cabinet 75 at Page 40 of the Brunswick County Registry, Brunswick County Tax Parcel 058GA00103 All of that certain Limited Common Area containing 194 Acres and that certain Common Area 55' Buffer Area containing 0 67 Acres, all as shown the plat recorded in Map Cabinet 80 at Page 92 of the Brunswick County Registry, Brunswick County Tax Parcel 058GA00101 Gardenwood at Brunswick Forest (Phase 1. Section 2. Village 4A)• All of that certain Limited Common Area/Open Space containing 87 Acres (inclusive of that Limited Common Area Open Space Sign Easement), all as shown on the plat recorded in Map Cabinet 41, Page 70 of the Brunswick County Registry Brunswick County Tax Parcel 058NA00103 All of that certain Limited Common Area/Open Space containing 121 Acres and 125 Acres for a total of 2 46 Acres (inclusive of that Limited Common Area Open Space Sign Easement and 30" Buffer Easement Limited Common Area) all as shown on the plat recorded in Map Cabinet 41, Pages 70-71 of the Brunswick County Registry Brunswick County Tax Parcel 058NA00101 All of that certain Common Area/Open Space containing 102 Acres as shown on the plat recorded in Map Cabinet 41 at Page 71 of the Brunswick County Registry Brunswick County Tax Parcel 058NA00102 All of that certain Limited Common Area/Open Space containing 2 00 Acres as shown on the plat recorded in Map Cabinet 41, Page 71 of the Brunswick County Registry. Brunswick County Tax Parcel 058NA00104 Jefferson Landing at Brunswick Forest (Section 4): All of Tract "Al" Common Area containing 6 92 Acres as shown on the plat recorded in Map Cabinet 92 at Page 81 of the Brunswick County Registry Brunswick County Tax Parcel- 0580000713 176835 CA & LCA I Jill1111 Jill I11111111111111111111 BOOK:4002 PAGE:873 12/2 /2 070 E Benda M Clensmous Bruoswid County Reristet of Deeds Pare ] of 12 All of Tract "AT' Common Area containing 7.01 Acres as shown on the plat recorded in Map Cabinet 92 at Page 81 of the Brunswick County Registry, Brunswick County Tax Parcel 0580000727 Meadow Park at Brunswick Forest (Phase 1, Section 5B): All of that L C A Parcel #1, Access, Drainage and Utility Easement containing 0 12 Acres, as shown on a plat recorded in Map Cabinet 83, Page 34 of the Brunswick County Registry Brunswick County Tax Parcel 058CA00IOI All of that L C A Parcel #2, Access, Drainage and Utility Easement containing 0 14 Acres, as shown on a plat recorded in Map Cabinet 83, Page 34 of the Brunswick County Registry Brunswick County Tax Parcel 058CA00102 All of that L C A, Access, Drainage and Utility Easement containing 0 05 Acres, as shown on a plat recorded in Map Cabinet 86, Page 95 of the Brunswick County Registry Brunswick County Tax Parcel- 058CC00105 All of that L C A, Access, Drainage and Utility Easement containing 0 07 Acres, as shown on a plat recorded in Map Cabinet 86, Page 95 of the Brunswick County Registry Brunswick County Tax Parcel 058CC00104 All of that that Limited Common Area #2 containing 0 20 Acres, as shown on a plat recorded in Map Cabinet 86, Page 95 of the Brunswick County Registry Brunswick County Tax Parcel 058CC00I OI All of that Limited Common Area #3 containing 017 Acres, as shown on a plat recorded on Map Cabinet 86, Page 95 of the Brunswick County Registry Brunswick County Tax Parcel 058CC00103 All of that Drainage Easement/Common Area #113 containing 180 Acres, as shown on a plat recorded in Map Cabinet 86, Page 95 of the Brunswick County Registry Brunswick County Tax Parcel 058CC00102 All of that Limited Common Area #4 containing 0 72 Acres, as shown on a plat recorded in Map Cabinet 86, Page 94 of the Brunswick County Registry. Brunswick County Tax Parcel 058CB00I OI All of that Drainage Easement/Common Area #lA containing 1 71 Acres, as shown on a plat recorded in Map Cabinet 86, Page 94 of the Brunswick County Registry Brunswick County Tax Parcel 058CB00102 All of that Common Area/Drainage Easement/Utility Easement containing 0 03 Acres, as shown on a plat recorded on Map Cabinet 69, Page 90 of the Brunswick County Registry Brunswick County Tax Parcel- 058BB00102 176835 CA & LCA 11111111111 I I II 111111111 II 11111111 III BOOK:4002 PAGE:874 &a,da N1 C1. morons Blunswkk Cowrty Regwea of Deeds 12/29/2017 E 11 4s 29 000 F,Be 8 of 12 All of that certain Common Area/Dramage Easement/Utility Easement containing 0 19 Acres, as shown on a plat recorded in Map Cabinet 69, Page 90 of the Brunswick County Registry Brunswick County Tax Parcels 058BB00103 All of that certain Limited Common Area/Sign Easement//Uhlity Easement containing 0 07 Acres, as shown on that plat recorded in Map Cabinet 69, Page 90 of the Brunswick County Registry Brunswick County Tax Parcels 58BB00IOI Park Landing Cottages at Brunswick Forest (Phase 2. Section 1-S): All of that certain Limited Common Area containing 104 Acres as shown on the plat recorded in Map Cabinet 73, Page 29 of the Brunswick County Registry Brunswick County Tax Parcel 058GB00104 All of that certain Limited Common Area containing 0 19 Acres (8067 6 SF) as shown on the plat recorded in Map Cabinet 73, Page 29 of the Brunswick County Registry Brunswick County Tax Parcel 058GB00102 All of that certain Limited Common Area containing 0 19 Acres (8209 1 SF) as shown on the plat recorded in Map Cabinet 73, Page 29 of the Brunswick County Registry Brunswick County Tax Parcel 058GB00I OI All of that certain Limited Common Area containing 0 49 Acres as shown on the plat recorded in Map Cabinet 73, Page 29 of the Brunswick County Registry Brunswick County Tax Parcel 058GB00103 All of that certain Limited Common Area containing 0 17 Acres as shown on the plat recorded in Map Cabinet 75, Page 60 of the Brunswick County Registry Brunswick County Tax Parcel- 058GB00105 All of that certain Limited Common Area containing 53 Acres as shown on the plat recorded in Map Cabinet 75, Page 67 of the Brunswick County Registry Brunswick County Tax Parcel- 058GC00IOI All of that certain Limited Common Area containing 154 Acres as shown on the plat recorded in Map Cabinet 77, Page 13 of the Brunswick County Registry Brunswick County Tax Parcel 058GE00IOI All of that certain Limited Common Area, Drainage and Utility Easement containing 0 32 Acres as shown on the plat recorded in Map Cabinet 81, Page 19 of the Brunswick County Registry Brunswick County Tax Parcel 058JA00103 All of that certain Limited Common Area, Drainage and Utility Easement containing 0 69 Acres as shown on the plat recorded in Map Cabinet 81, Page 19 of the Brunswick County Registry Brunswick County Tax Parcel 058JA00I OI 176835 CA & LCA III III 111111111111111111 II 11111111 III BOOK:4002 PAGE:875 Bi endi M Clemnions Bmnswick County Regutei of Deeds 12/29/2017 E 13 45 29 000 Page 9 of 12 All of that certain Limited Common Area, Drainage and Utility Easement containing 0 44 Acres as shown on the plat recorded in Map Cabinet 81, Page 19 of the Brunswick County Registry Brunswick County Tax Parcel 058JA00102 All of that certain Limited Common Area, Drainage and Utility Easement containing 0 56 Acres as shown on the plat recorded in Map Cabinet 81, Page 20 of the Brunswick County Registry Brunswick County Tax Parcel 058JB00I OI All of that certain Limited Common Area, Drainage and Utility Easement containing 105 Acres as shown on the plat recorded in Map Cabinet 83, Page 62 of the Brunswick County Registry, Brunswick County Tax Parcel 058JD00101 All of that certain Limited Common Area containing 0 23 Acres as shown on the plat recorded in Map Cabinet 85, Page 1 of the Brunswick County Registry Brunswick County Tax Parcel- 058JE00101 All of that certain Limited Common Area containing 137 Acres as shown on the plat recorded in Map Cabinet 91, Page 89 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00101 All of that certain LCA containing 0 33 Acres as shown on the plat recorded in Map Cabinet 91, Page 89 of the Brunswick County Registry Brunswick County Tax Parcel 0581000102 All of that certain LCA containing 0 34 Acres as shown on the plat recorded in Map Cabinet 91, Page 90 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00103 All of that certain Limited Common Area containing 127 Acres as shown on the plat recorded in Map Cabinet 91, Page 92 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00107 All of that certain LCA containing 0 25 Acres as shown on the plat recorded in Map Cabinet 92, Page 3 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00109 All of that certain Limited Common Area containing 129 Acres as shown on the plat recorded in Map Cabinet 92, Page 3 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00108 All of that certain LCA containing 0 14 Acres as shown on the plat recorded in Map Cabinet 92, Page 56 of the Brunswick County Registry. Brunswick County Tax Parcel- 058JG00106 176835 CA & LCA BOOK:4002 PAGE:876 1212922017 E 3000 Bi<ndaM Clenvnous BivoswlcA County Re9lst<r of Deeds Page 10 of 12 All of that certain LCA containing 0 13 Acres as shown on the plat recorded in Map Cabinet 92, Page 56 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00105 All of that certain LCA containing 0 15 Acres as shown on the plat recorded in Map Cabinet 92, Page 56 of the Brunswick County Registry. Brunswick County Tax Parcel: 058JG00110 All of that certain LCA containing 0 10 Acres as shown on the plat recorded in Map Cabinet 92, Page 56 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00111 All of that certain LCA containing 0 18 Acres as shown on the plat recorded in Map Cabinet 92, Page 56 of the Brunswick County Registry Brunswick County Tax Parcel 058JG00104 Park Landing Townhomes at Brunswick Forest (Phase 2. Section 1-M. 2-M and 3-M)- All of that certain Common Area, Drainage and Utility Easement containing 0 62 Acres as shown on the plat recorded in Map Cabinet 76, Page 13 of the Brunswick County Registry Brunswick County Tax Parcel 058GD00102 All of that certain Limited Common Area Drainage and Utility Easement containing 0 93 Acres as shown on the plat recorded in Map Cabinet 76, Page 13 of the Brunswick County Registry Brunswick County Tax Parcel 058GD00101 All of that certain Common Area, Drainage and Utility Easement contamng 0 29 Acres as shown on the plat recorded in Map Cabinet 80, Page 25 of the Brunswick County Registry Brunswick County Tax Parcel 058GD00104 All of that certain Limited Common Area Drainage and Utility Easement containing 0 81 Acres as shown on the plat recorded in Map Cabinet 80, Page 25 of the Brunswick County Registry Brunswick County Tax Parcel 058GD00103 All of that certain Limited Common Area containing 190 Acres as shown on the plat recorded in Map Cabinet 81, Page 21 of the Brunswick County Registry Brunswick County Tax Parcel 058GG00101 All of that certain Limited Common Area containing 25 Acres as shown on that plat recorded in Map Cabinet 83, Page 63 of the Brunswick County Registry Brunswick County Tax Parcel. 058JC00102 All of that certain Limited Common Area containing 197 Acres as shown on that plat recorded in Map Cabinet 83, Page 63 of the Brunswick County Registry Brunswick County Tax Parcel 058JC00101 176835 CA & LCA 1111111111111111111111111111111111 HIM III BOOK:4002 PAGE:877 Bwudi fJ Clemnions Biunswak County Reg iste of Deeds 12/29120/7 E 13 45 29 000 Page 11 of 12 All of that certain LCA containing 0 53 Acres as shown on the plat recorded in Map Cabinet 91, Page 30 of the Brunswick County Registry Brunswick County Tax Parcel 058JF00101 All of that certain LCA containing 0 62 Acres as shown on the plat recorded in Map Cabinet 91, Page 30 of the Brunswick County Registry Brunswick County Tax Parcel 058JF00102 All of that certain LCA containing 0 31 Acres (inclusive of that 30' wide Utility Easement) as shown on the plat recorded in Map Cabinet 91, Page 31 of the Brunswick County Registry Brunswick County Tax Parcel 0581F00103 All of that certain Limited Common Area containing 127 Acres (inclusive of that 30' wide Utility Easement) as shown on the plat recorded 1n Map Cabinet 91, Page 31 of the Brunswick County Registry Brunswick County Tax Parcel 058JF00104 Parkview at Brunswick Forest (Phase 1, Section 2 2B 2C and 2D)• All of that certain Open Space Common Area containing 102 Acres as shown on the plat recorded 1n Map Cabinet 36 at Pages 180-181 of the Brunswick County Registry Brunswick County Tax Parcel 047PDO0103 All of that certain Common Area Open Space Drainage Easement containing 12 14 Acres as shown on the plat recorded in Map Cabinet 36 at Pages 180-181 of the Brunswick County Registry Brunswick County Tax Parcel 047PD00101 All of that certain Common Area Open Space Drainage Easement containing 045 Acres as shown on the plat recorded in Map Cabinet 36 at Pages 180-181 of the Brunswick County Registry Brunswick County Tax Parcel 047PD00102 All of that certain Common Area Open Space Drainage Easement containing 148 Acres as shown on the plat recorded in Map Cabinet 41 at Page 67 of the Brunswick County Registry Brunswick County Tax Parcel 058FB00102 All of that certain Common Area Open Space Drainage Easement containing 18 97 Acres as shown on the plat recorded in Map Cabinet 41 at Pages 66-67 of the Brunswick County Registry Brunswick County Tax Parcel 058NB00101 All of that certain Open Space Common Area Drainage Easement containing 1779 Acres (inclusive of that Limited Common Area containing 0 11 AC), all as shown on the plat recorded in Map Cabinet 48 at Pages 94-95 of the Brunswick County Registry Brunswick County Tax Parcel 058NC00101 176835 CA & LCA I1IIIIIIIII III1I IIIIIIII I1II I1I I1I III BOOK:4002 PAGE:878 Blend, fl Clennnons Bmn,Mkk County R,,mu of Deeds 12/29/2017 E Pge 12 of1� All of that certain Open Space Common Area containing 0 18 Acres as shown on the plat recorded in Map Cabinet 63 at Page 81 of the Brunswick County Registry Brunswick County Tax Parcel 058NB00601 Villamar at Brunswick Forest (Phase 1. Section 2, Village 1A)• All of that certain Common Area Open Space Sign Easement containing 61919 sf as shown on the plat recorded in Map Cabinet 41 at Page 68 of the Brunswick County Registry Brunswick County Tax Parcel 058KA00104 All of that certain Common Area Open Space Sign Easement containing 5684 8 sf, as shown on the plat recorded in Map Cabinet 41 at Page 68 of the Brunswick County Registry Brunswick County Tax Parcel 058KA00103 All of that certain Common Area Open Space containing 9698 4 sf (inclusive of that 30' Buffer Easement containing 7877 9 sf Limited Common Area) as shown on the plat recorded in Map Cabinet 41 at Page 68 of the Brunswick County Registry Brunswick County Tax Parcel 058KA00102 All of that certain Limited Common Area Open Space Sign Easement containing 7989 2 sf as shown on the plat recorded in Map Cabinet 41, Page 68 of the Brunswick County Registry Brunswick County Tax Parcel 058KA00101 Walden at Brunswick Forest (Phase 1. Section 3): All of Area A/Open Space/Common Area/Drainage Area containing 7 82 Acres as shown on the plat recorded in Map Cabinet 41 at Pages 94-96 of the Brunswick County Registry Brunswick County Tax Parcel 058LA00104 All of Area B/Open Space/Common Area/Drainage Area containing 10 43 Acres as shown on the plat recorded in Map Cabinet 41 at Pages 94-96 of the Brunswick County Registry. Brunswick County Tax Parcel 058LA00102 All of that certain Area C/Open Space/Common Area containing 3 26 Acres as shown on the plat recorded in Map Cabinet 41 at Pages 94-96 of the Brunswick County Registry Brunswick County Tax Parcel 058LA00103 All of Area D/Open Space/Common Area/Drainage Area containing 4 84 Acres as shown on the plat recorded in Map Cabinet 41 at Pages 94-96 of the Brunswick County Registry Brunswick County Tax Parcel 058LA00104 All of that certain Common Area, Open Space, Drainage Easement containing 0 07 Acres as shown on the plat recorded in Map Cabinet 41 at Page 94 of the Brunswick County Registry Brunswick County Tax Parcel: 058LA00105 17U35 CA & LCA SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRUNSWICK FOREST RESIDENTIAL PROPERTY ANNEXING REAL PROPERTY Prepared by MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA BRUNSWICK COUNTY This SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRUNSWICK FOREST RESIDENTIAL PROPERTY ANNEXING REAL PROPERTY ("Supplemental Declaration") is made this day of , 200_, by FUNSTON LAND & TIMBER, LLC, a limited liability company organized and existing under the laws of the state of North Carolina ("DECLARANT") WITNESSETH WHEREAS, the DECLARANT heretofore executed that certain Master Declaration of Covenants, Conditions, and Restrictions for Brunswick Forest Residential Property and caused the same to be recorded in Book 2359, Page 362 and supplemented in Book , Page in the Brunswick County Registry (hereinafter collectively referred to as The "Declaration'), WHEREAS, in Section 9 1 of the Declaration, the DECLARANT reserved the right to annex additional properties to the Declaration by recording a Supplemental Declaration, WHEREAS, the DECLARANT has developed additional property designated as Phase , which the DECLARANT desires to be made subject to the Declaration, and 69324 gECEIV�'D LBY EP0 12006 __ WHEREAS, in Section 10 11 of the Declaration, the DECLARANT reserved the right to amend the Declaration and subject the Property to additional stormwater restrictions, WHEREAS, the DECLARANT desires to amend the Declaration to clarify the maximum built upon area, including impervious surfaces, applicable to the property being annexed hereunder, and NOW THEREFORE, in accordance with its rights under Section 9 1 and Section 10 11 of the Declaration, the DECLARANT does hereby amend the Declaration as follows A. DECLARANT hereby subjects all of the property described in Exhibit A, attached hereto and incorporated herein by reference ("the Property"), to the provisions of the Declaration and annexes such real property into Brunswick Forest Residential Property B DECLARANT hereby supplements Section 10 12(a) of the Declaration as follows "10 12 Site Coverage and Stormwater Runoff Rules (a) The following restrictions in this Paragraph 10 12(a) shall apply only to that property described in Exhibit A, attached to this Supplemental Declaration and incorporated herein by reference (1) The covenants in this Paragraph 10 12(a) are intended to ensure ongoing compliance with State Stormwater management Permit Number , as issued by the Division of Water Quality (the "Permit"), and may not be changed or deleted without the consent of the State of North Carolina, Division of Water Quality, or its successor agency (2) No more than 645,110 square feet of the total project to be constructed on the property described in Exhibit A of this Supplemental Declaration 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 (5) All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted " 69324 RECEIVED SEP 0 1 2006 2 BY C. DECLARANT hereby declares that the Property shall be held, sold, and conveyed subject to the Declaration, as amended by this Supplemental Declaration, which covenants shall run with title to the Property and shall be binding on all parties having any right, title, or interest in the described Property or any part thereof, and shall inure to the benefit of each owner thereof EXCEPT AS AMENDED AND SUPPLEMENTED HEREIN, the Declaration shall be and remain in full force and effect FUNSTON LAND & TIMBER, LLC a North Carolina limited liability company By Its STATE OF NORTH CAROLINA COUNTY OF 1, , a Notary Public for said County and State, do hereby certify that of FUNSTON LAND & TIMBER, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of said limited liability company Witness my hand and notarial seal this day of 2006 Notary Public My Commission Expires 69324 3 FyEEP 0 1 2006 SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGES AT BRUNSWICK FOREST Prepared by MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 NORTH CAROLINA BRUNSWICK COUNTY This SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGES AT T BRUNSWICK FOREST ("Supplemental Declaration") is made this �_ day of an 2018, by FUNSTON LAND & TIMBER, LLC, a North Carolina limited lability c pany("Declarant") WITNESSETH WHEREAS, Declarant is the owner of that certain tract of property located in Leland, North Carolina, as more particularly described in Exhibit A attached hereto (the "Property") [NOTE- Specify east or south or west village? It's an outparcel, so may not be required] WHEREAS, the DECLARANT heretofore executed that certain Master Declaration of Covenants, Conditions, and Restrictions for The Villages at Brunswick Forest and caused the same to be recorded in Book 3275, Page 488 in the Brunswick County Registry (as the same has been or may be amended and/or supplemented, the "Villages Declaration"), WHEREAS, in Section 23 01 of the Villages Declaration, the DECLARANT reserved the right to annex additional properties to the Villages Declaration by recording a Supplemental Declaration, and in Article 18A of the Villages Declaration, the DECLARANT reserved the right to deem certain Lots as Outparcel Lots, as defined in the Villages Declaratton,'•Ag r� %0Z L Z 833 185595 Annexation, Ph6Lot2 WHEREAS, Declarant is also the declarant under that certain Master Declaration of Covenants, Conditions and Restrictions for Brunswick Forest Residential Property recorded in Book 2359, Page 362, Brunswick County Registry (as amended or supplemented, the "Residential Declaration"), regarding a development known as Brunswick Forest (the "Development"), WHEREAS, under the Residential Declaration, the applicable provisions of this document shall be deemed a Cost Sharing Agreement (as defined in the Residential Declaration), WHEREAS, the Property is intended to drain to stormwater facilities and a pond located within the Development, such facilities and pond, together with any and all drainage easements or stormwater holding, detention and/or retention ponds contemplated in the stormwater permit described in this Agreement, and all shared drainage tunes, pipes, and equipment associated therewith (collectively the "Drainage Facilities"), being as further described in the Villages Declaration and/or the Residential Declaration and related maps and plats thereof, WHEREAS, this Supplemental Declaration is also to (1) grant the Property a non- exclusive easement over, across, under, and through portions of the Common Area and Master Common Area (as defined in the Villages Declaration and the Residential Declaration), for the purposes of draining, storing, and retaining storm and surface water into the applicable Drainage Facilities, (2) provide for the allocation of expenses of maintenance and administration of the Drainage Facilities, (3) memorialize certain stormwater restrictions applicable to the Property and the Drainage Facilities, and (4) provide for certain use restrictions applicable to the Property, NOW THEREFORE, in accordance with its rights under Section 23 01 of the Villages Declaration, the DECLARANT does hereby supplement the Villages Declaration as follows, and also declares that the Property shall be held, developed, improved, leased, sold, transferred, conveyed and occupied subject to the following restrictions, easements and agreements, all of which shall run with the title to the property and shall be binding on all parties having any right, title or interest therein, along with their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof 1 Annexation DECLARANT hereby subjects all of the Property to the provisions of the Villages Declaration and annexes such Property into The Villages at Brunswick Forest as a deemed Outparcel Lot 2 Use Restriction on Annexed Property, Dance Studio Facility The Property shall be operated as a dance studio facility No other use of the Property shall be made without the written consent of Declarant, which consent may be withheld in the sole discretion of Declarant Notwithstanding anything to the contrary herein, the following uses are expressly prohibited those items set forth in the Villages Declaration, any medical use, any primary use for a business of self storage services, and any residential or commercial property brokerage, including, without limitation, any sales, purchases, leasing, or lusting of residential or commercial lots or property, and any related broker, sales agent or realtor activities 3 Drainage Facilities 185595 2 (a) Grant of Easement. Subject to the terms of this Supplemental Declaration, Declarant does hereby reserve, give, grant, bargain, sell, and convey unto the owner of the Property (the "Owner"), its successors and assigns, a perpetual, non-exclusive right, privilege, and easement on, over, across, under, and through the Drainage Facilities and the Common Areas of the Development and Master Common Areas of the Villages Property, for the purposes of draining, storing, and retaining storm and surface water from the Property, as the same may hereafter be improved (b) General Easement Conditions No owner of the Property shall construct any Improvements or take any other actions that will interfere with or Impede the use of the foregoing easements by any other authorized party (c) Costs of Maintenance of Drainage Facilities All costs and expenses incurred in connection with the surface water quality and the annual pond bank maintenance of the Drainage Facilities that actually serve the Property (the "Drainage Costs") shall be shared by the Owner as follows as to the Property, the amount assessed by either the Master Association or the Villages Association (as defined in the Residential Declaration and the Villages Declaration), as applicable, for such Drainage Costs shall be calculated and assessed by either the Villages Association or the Master Association (as applicable for the party handling such maintenance), by taking the total Drainage Costs and multiplying such amount by a fraction having as its numerator a number equal to the total acreage of such Property (as shown by recorded plat) and as its denominator a number equal to the total number of acres served by the Drainage Facilities (including the pond commonly known as Stormwater Pond Number 9), such total number of acres being, as of the date of this Supplemental Declaration, 14 40 acres The Owner shall also be solely responsible for any pipes, lines, or other equipment installed that is solely for the transport or movement of storm or surface water from the Property Notwithstanding anything to the contrary in this Supplemental Declaration, in the event any costs or expenses (or portion thereof) are incurred as a result of any act (including, without limitation, construction -related activities) or negligence of the Owner or its employees, contractors or agents, the Owner shall be solely responsible for such costs or expenses (or portion thereof) 4 Stormwater Run Off Rules The Property shall be subject to the State of North Carolina rules and regulations concerning stormwater runoff as these rules and regulations may be amended from time to time Without limiting the foregoing, Declarant or its designee, including the Architectural Review Committee, reserves the right to impose additional restrictions upon the Property as to the extent required by the terms of the stormwater permit for the Drainage Facilities issued by the State of North Carolina Such additional restrictions may be imposed by Declarant by the recording of a Supplemental Declaration, and no joinder or consent of any owner or person shall be required on such Supplemental Declaration While most of the Lots in the Villages drain to a different stormwater pond than the pond the Property is intended to drain to, the following shall apply to the Property, and the permit referenced below shall apply to the Property in lieu of the permit referenced in the Villages Declaration) (a) This covenant is intended to ensure ongoing compliance with State Stormwater management Permit Number SW8 060901 PR, as issued by the Division of Water Quality under NCAC 2H 1000 and any subsequently issued permits or modifications 185595 3 (b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit (c) These covenants are to run with the land and be binding on all persons and parties claiming under them (d) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality (e) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State of North Carolina, Division of Water Quality (f) The maximum built -upon area for the Property is forty-five percent (45%) of the Property area This allotted amount includes any built -upon area constructed within the property boundaries and that portion of the right-of-way between the front lot Imes and the edge of the pavement Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools (g) All runoff on the Property must drain into the permitted system This may be accomplished by sheet -flowing the runoff into the road ditch, or collecting it in pipes and discharging the pipe into the road ditch (h) Built -upon area in excess of the permitted amount will require a permit modification (1) If not owned by the permittee, the Owner shall submit a separate offsite stormwater management permit application package to the Division of Water Quality and receive a permit prior to any construction on the Property 0) Declarant reserves the right in its sole discretion as state stormwater permits are modified to recalculate and redesignate maximum built upon areas as set forth in (f) above, provided such recalculations and redesignations are in accordance with state stormwater permits In addition, if any property as finally constructed does not use its allocated built upon area, Declarant shall have the sole right to reclaim such excess allotment and reallocate it to remaining properties in its sole discretion, provided such recalculations and redesignations are in accordance with state stormwater rules 5 Severabihty The invalidity of any one of the provisions of this Supplemental Declaration or any portion thereof shall not affect the remaining portions thereof and this Supplemental Declaration shall be construed as if such covenant, agreement, condition or provision had not been inserted herein Whenever possible, each provision of this Supplemental Declaration will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Supplemental Declaration is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Supplemental Declaration 185595 6 Remedies for Breach, Lien Rights The terms and conditions of this Supplemental Declaration shall be enforceable by any party hereto and by the Villages Association and/or Master Association, as applicable In addition, to the extent any Drainage Costs or other items required to be paid under this Supplemental Declaration are not specified as assessments under the Villages Declaration or the Residential Declaration, and such amounts are not paid within 30 days after when due, they shall bear interest at the rate of 12% per annum, and Declarant and such Association shall have the right to secure such unpaid amounts, plus any costs of collection and reasonable attorneys' fees, by the recordation of a lien against the Property (provided that any such lien shall be subordinate to any then -existing third -party financing encumbering the applicable Owner's parcel) DECLARANT hereby declares that the Property shall be held, sold, and conveyed subject to the Villages Declaration, as amended by this Supplemental Declaration, and the other rights and obligations contained in this Supplemental Declaration, which covenants shall run with title to the Property and shall be binding on all parties having any right, title, or interest in the Property or any part thereof, and shall inure to the benefit of each owner thereof EXCEPT AS AMENDED AND SUPPLEMENTED HEREIN, the Villages Declaration shall be and remain in full force and effect [Execution page follows] 185595 IN WITNESS WHEREOF, DECLARANT has caused this instrument to be signed as of the day and year first written above FUNSTON LAND & a North Carolina ImniU By Name Its STATE OF NORTH CAROLINA COUNTY OF FTKIU 1.I5 tO ( .'� (County where acknowledgment taken) 1, -4�oSfiMA R-V a rbl_t9 MA US County, Nord Carolina, do hereby certify Manager of Funston Land & Timber, LLC, a North Carolina personally appeared before me this day and acknowledged the due instrument on behalf of the said company LLC Notary Public for that Allen Jefferson Earp, limited liability company, execution of the foregoing Witness my hand and official seal this the V day of QA4 1t 20� iiotaryPublic L A My Commission Expires s-�l-Za2C� ,o�... F� CC ?pTAgy r 0 "USOC' _ 185595 EXHIBIT A The Property BEING ALL of those certain tracts or parcels of land lying and being in Town of Leland, Towncreek Township, Brunswick County, North Carolina, and being more particularly described as follows BEING ALL of Lot 2, Brunswick Forest Phase 6 Commercial, as shown on a plat thereof recorded in Map Book 104, Page 33 of the Brunswick County Registry (the "Plat"), reference to which Plat is hereby made for a more particular description, TOGETHER WITH AND SUBJECT TO those certain non-exclusive easements shown on the Plat, including but not limited to the easements described and shown thereon as a 30' Utility & Drainage Easement, 40' Landscape Easement, 10' Utility Easement or `UE' and 30' Access & Utility Easement 185595 7