SW1240301_Deed Restriction/Protective Covenant Form_20240923

High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built-upon area consistent with the design criteria used to size the stormwater control facility.
fr>rifieliA9 K/ eery) pr , acknowledge, affirm and agree by my signature below, that
I will causee followingdeed restrictions and covenants to be recorded prior to the sale of any lot
within the project known as Marketplace at Mills River
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number_SW1240301 , as issued by the Division of Energy,
Mineral and Land Resources under the Storm water Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the storm water management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to storm water may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
6. The maximum allowable built-upon area per lot is N/A square feet.
*Note: If the BUA per lot varies, please substitute the following statement for the one above and
provide a complete listing of the proposed BUA for each lot:
The maximum built-upon area per lot, in square feet, is as listed below:
Lot# BUA Lot# BUA Lot# BUA Lot# BUA
2 27,700 3 37 600 4 60,500 5 34,545
This allotted amount includes any built-upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the storm water collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a
separate storm water permit application to the Division of Energy, Mineral and Land Resources
and receive a permit prior to construction.
9. The project and each lot will maintain a 30**foot wide vegetated buffer between all impervious
areas and surface waters.
**50 foot for projects located in the 20 coastal counties.
Form DRPC-1 Rev.2 05Nov2009 Page l of 2

High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
Signature: Date: —7 • I q • 2 4
Marielle Lawrence
, a Notary Public in the
I
State of Lo-t _F k ���)), County of rC LlL
do hereby certify that ??r! c>�!. © ' �01 nPr V� personally appeared
before me this the ( q 1 '- day of ‘Lid , 20 and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
7 , iii ) Ltig „� , SEAL
Signature �? �:(•"�. o MARIELLELAWRENCE
* ' ' _ * Commission#NH 238272
T
My Commission expires No;Fos Expires March 9,2026
Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2