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HomeMy WebLinkAboutSW8971226_Current Permit_20100621A74 12= WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 21, 20 1U The Landing at Southport, CSA, Inc., c/o Harley Lemons, President 0 -Aox lD53/ Southport, NC 28461 Subject: Stormwater Permit No. SW8 971226 Renewal The Landing at Southport High Density Subdivision Project Brunswick County Dear Mr. Lemons: Dee Freeman Secretary The Wilmington Regional Office received a complete Stormwater Management Permit Renewal Application for The Landing at Southport on June 8, 2010. The Division is hereby notifying you that permit SW8 971226 has been renewed on June 21, 2010, and shall be effective until April 4, 2020. The plans previously approved on April 4, 2001, in accordance with the regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995, remain in full force and effect. This site was inspected on June 6, 2010 and the site is currently in compliance -with the terms and conditions of this renewed state stormwater permit. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact David Cox, or me at (910) 796-7215. SiQperely, G orget Scott Stormwater Supervisor Division of Water Quality GDS/dwc: S:IWQSISTORMWATERIPERMIT1971226ren.jun10 cc: David Edwards (Bluegreen Corp.) David Cox Wilmington Regional Office Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org Nne orthCarolina ;Vaturall An Equal Opporluniry l Affirmative Action Employer June 21, 2010 The Landing at Southport Permit # 971226 Renewal STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 The Landing at Southport, CSA, Inc. The Landing at Southport 6150 River Sound Circle, Southport, Brunswick County FOR THE operation -and maintenance of a low density subdivision with curb outlet system and 3 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The permit is hereby. renewed subject to the following addendums, clarifications, conditions and limitations: The original permit conditions contained in the permit issued on April 4, 2001 remain in full force and effect, except as amended herein. (An additional copy of this original permit can be obtained from the Division of Water Quality, Wilmington Regional Office.) 2. This permit shall be effective from the date of issuance until April 4, 2020. 3. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include the applicable documentation and the processing fee. 4. If the use of permeable pavement is desired, this permit must be modified to add the permeable pavement conditions. 2 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality Mr. David Edwards, Vice President bluegreen Corporation 1829 Zion Hill Rd. Bolivia, NC 28422 Dear Mr. Edwards: t1 • 0 FAA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 4, 200t Subject: Permit No. SW8 971226 Modification The Landing @ Southport High Density Subdivision Stormwater Project Brunswick County The Wilmington Regional Office received a complete Stormwater Management Permit Application for The Landing @ Southport on March 16, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 971226 Modification, dated April 4, 2000, for the construction of the project, The Landing @ Southport. This permit shall be effective from the date of issuance until April 4, 2010, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Noelle Lutheran, or me at (910) 395-3900. Sincerely, Rick Shiver 41A Water Quality Regional Supervisor RSS/:nml S:IWQSISTORMWATIPERMIT\971226.APR cc: Jay Houston, P.E. Delaney Aycock, Brunswick County Inspections Noelle Lutheran Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 971226 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER 0_'UALrry STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO bluegreen Corporation The Landing @ Southport Brunswick County FOR THE construction, operation and maintenance of a low density subdivision with a curb outlet system and 3 wet detention ponds in compliance with the provisions of 15A NCAC 2H .10010(hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until April 4, 2010 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 147 lots, each allowed 5,500 square feet ofbuilt-upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 State Stormwater Management Systems Permit No. SW8 971226 Modification DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: The Landing @ Southport Permit Number: SW8 971226 Modification Location: Brunswick County Applicant: Mr. David Edwards, Vice President Mailing Address: bluegreen Corporation 1829 Zion Hill Rd. Bolivia, NC 28422 Application Date: March 16, 2000 Naive of Receiving Stream / Index #: Cape Fear River / CFR 18-88-(3.5) Classification of Water Body: "SC" If Class SA, chloride sampling results: n/a Design Storm: 1" Pond # 1 Pond#2 Pond#3 J 01 Pond Depth, feet: gvoii 6 5 6 Permanent Pool Elevation, FMSL: 7.5 12 13.8 Drainage Area, acres: 10.73 7.23 5.09 Total Impervious Surfaces, ftz: 467,398.8 314,938.8 76,666 Buildings: 105,415.2 86,248.8 36,590 Roads/Parking, ftz 52,70T6 34,848 40,075 Other, ftz n/a n/a n/a Offsite Area entering Pond, ftz: n/a n/a n/a Required Surface Area, ftz: 8,374 8,526 Provided Surface Area, ftz: 14,700 9,340 6,425 Required Storage Volume, ft3: 13,807 10,395 Provided Storage Volume, ft3: 13,905 11,006 6,713 Temporary Storage Elevation, FMSL: 8.4 13.1 14.84 Controlling Orifice: 1.75" 1.5" 1 "cp pipe 3 State Stormwater Management Systems Permit No. SW8 971226 Modification H. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to 'ihe permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built - upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale ofe project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built upon surface except roads. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. Decorative spray fountains will not be allowed in the stormwater treatment system. 11. 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.. 4 State Stormwater Management Systems Permit No. SW8 971226 Modification 12. Prior to transfer of the permit, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris .removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. h. The vegetated filter shall be kept free of erosion. The spreader mechanism shall be kept free of sediment and trash, and shall evenly distribute the runoff across the width of the filter. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. "The maximum built -upon area per lot is 5,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right -of --way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built - upon area due to CAMA regulations." "All runoff on the lot must drain into the permitted 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 and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures." 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 5 State Stormwater Management Systems Permit No. SW8 971226 Modification 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. A copy of the approved plans and specifications shall he maintained on file by the Permittee for a rnulliiCiwn of ten years from the date of the completion of construction. M. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 7. The permittee shall notify the Division of any mailing address changes within 30 days. Permit issued this the 4th day of April, 2000. N_QRTU CAROLIbW 15= TAL MANAGEMENT COMMISSION err T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 971226 Modification 0 State Stormwater Management Systems Permit No. SW8 971226 Modification The Landing @ Southport Stormwater Permit No. SW8 971226 Modification Brunswick County Designer's Certification Page 1 of 2 1, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (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. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL 7 State Stormwater Management Systems Permit No. SW8 971226 Modification Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 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 drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. i 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspector 8 FWA WSEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE ST0RMWA W ER PERMIT NAME/OwNERSHIo CwHkANG CORM �' i i i.. i ..r' . i Vli l"Y i i..i PERMIT \i Ili 1ii 1r \ iii tl/•i i '� Q`L%E ■ I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: J 4) g 97 i 2Z oeef Ried 2. Project Name: &j Lao n , �,� 0& 1 �„ r�� ,� r�✓ 7� - 3. Current Permit Holder's Company Name/Organization: 13 (we a re Q„j C''dLlre (Zfid i°,*Oj a -4 4. Signing Official's Name: r9 Title: U fcr: JOr.e-gj.- (person legally responsible for permit) 5. Mailing Address: g1?66 C,% i/,*bf �U�.st�_ �,`�� lea City: 0 c Ad. I?K- State: I= &- Zip: 3 .3 y 3 1 6. Phone: (rG /) 9 ► Z P o o o Fax: ( ) II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization:-71,.-- 2. Proposed permittee's signing official's name: 3. Proposed permittee's Title: _ P ✓ s Q ��� ,-� 4. Mailing Address:_ P O / G . '3 1 City: ®c_ (� �, State: tV C- Zip: 2 00 y� Phone: (`� j17 r7O r3 i� g Fax: 5. New Project Name to be placed on permit: $;l PI ase check the appropriate box. The proposed permittee listed above is: 1OA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). ❑ The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and compl�e Information on page 4) E ❑ Developer (Complete Property Owner Information on page 4)� Y SUN 0 8 b SSW WO Change Revl6Nov2009 Page 1 of 4 If. REQUIRED I[TrMS This a%IiCatlon package will not be accepted by the Division of Water Quality unless all of the Vizitica le required dems-listea below are inctuded with the eubmiftf. 1. This completed and signed lbrm. 2. 0 a nor"hio, 'For Per�4 TM' n a' u 'on the ',, n of►ow nstefs Complete Current Permittee 8n' PP-r 'ee sow 0 S' br 3, A M of the reco ed 4 d n d b net ft Y d ff permit. rho mrii ea 4. T fli;I re ready submitted 410 DVVQ The designers y O� qu d �e piro�W4 eM! _ L at 3 Mwn _,ener Partnership. provie?� documentation from orn the ,MMW� 0 State will up the ained pr�jdent, b o GI �aft I = S a t, vim presidept, mern er, m anager r General Partner: 6. The $40.00 processing fee. If this is an initial transfer from the original pernddee to the property owner of rithef responsible pat�sucet as an tie processing f64 is riot. ieclufied. Subsequent ownership transfers wIH require the .40.00 processing fee - IV. CURRENT PERPUATTEFFS CRERTIMATION Please check one of the fry/towing statemcals. E3 Check hem if the Current Owner is only, changing the owner name, company.name or project name, or the retarding address, and will retain ownership of the pannIt. 1, 1, the current owner, hereby notify the Uvislonof water Quality -if :at I am changing my name or compaqy name and/or I am changing. my mailing ' - address andior I am changing the name of Vne permitted project. t ftother attest ftt Vlas applicatior, for a name/ownership change is accurate and complete to the best of my knoMedge. I understand that if all required parts of this application are not completed and that if all requimd supporting informatinn and attachrrents as outlined abmv are not Included, this applic-36cri package will be returned as incomplete. X Check here if Current Owner is transferring (selling) the property to a now owner and will not retain ownership of the permit. the current owner, am Submitting this application for a transfer of ownership for 2Lpermit #_ u/, 4 . I hereby notify DWQ of the sale or other legal transfer of the stormwater systeiii associated with this permit. I "her acknowledge and attest that I have transmitted a cop of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved pLns and/or approved as -built plans, a copy of the approved Operation and Maintenance agr i nt and copies of past rvia0tenarloe rdcords to the Proposed Fermittee named in Sections 11 and rn at the mailing address listed in Sectlion 11 of this form. I further attest that I assign ail rights and obligations as permiftee to the Proposed Permittee named in Section V of this fortri, I understand that this transfer of owner&.!p cannot be it pproved %the Dlvisioh )f Water Quality unless and until the facility is in coin pilanc.e with the permit and the Proposed Permittee signs this form. I understand: that in the event the facility is not In compliance of the Proposed Permitte6 does not sign this form, the responsibility to bring ft facility into compliance and to comply with the tarms and conditions of the permit remains with m until such time as the P mposed Permoroesigns this form and the Division approves it. Signature:_ � -)R" I,. ­-- / 11—/ [ r I(."[ a Notary Public for the State of f -1 &rq d- County of 'Ez r-,,- do hereby certify thai personally appeared before me this the day of C 201 6 , and acknowledge the due execution of the forgoing ins mt. to ss my hand and official seat, (Notary Seal) Wo—tary Sionaturp' 'de ".3sVY'Niti) Chan: geLLoV2009 Rage2of4 Notary Public State of Florida 7 o 9 Murray T J MUM My commission DD690548 Ex o,9ir a a (0) Ck 1? 8 12 0 11 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposeittee for all transfers of ownership) 'h a /_*+', JfeVq AT -5c, tl��-� 1, , hereby notify the Division of Water Quality that I have acquired throu sale, leas or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. 1 have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that l will construct and/or operate and maintain the system per the requirements listed in the permit and i�nZper tion an Maintenance agreement. Signature: Date: L7 a Notary Public for the State of County of 6 r U Ns tv ,, c. rC. , do hereby certify that i 4 personally appeared before me this the " . day of 14 - y , 20 10 , and acknowledge the due execution of the forgoing instrument. W►tn ss my hand and official seal, all - . Notary Signature Lemons Notary Public Brunswick County North Carolina My Commission Ex Tres J/4/2011 Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev16Nov2009 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION if the Proposed Permittee listed in Sections If and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: fo -2 City: -5 pp-`TTI t Mailing Address: /Cry7l 0 ,%"-S State: (if different from street address) City: State: zip: g% Phone: % �Fax: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the patty responsible for the construction and/or operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the a ssment of civil penalties of up to $25,000 per day, pursuant to NCGS JA-ZW.6. Signature of the property owner Date: 1, ' erQ(4,t"0- '/ . k. h6w 5 a Notary Public for the State of Countyof � � v � s � ' [ � I , do hereby certify that r Imo"( ° `'•° s personally appeared before me this the f, day of l I p , 20-L-0, and acknowledge the due execution of the forgoing instrument. Witness =7. official seal, 3i Notary Signature SSW WO Change Rev16Nov2009 Page 4 of 4 (Notary Seal) [Geraldine A. LemonsNotary PublicBrunswick CountyNorth Carolinammission Ex ire "/4/2011 17�DWQ USE ONLY Date Received Fee Paid Permit Number State of Worth Carolina Department of Environment and Natural Resources Division of Water Quality S T ORMWATER MAlvAGEWNT PERMIT APPLICATION M � This form may he phatocopied for use as an original O& 1 �O v I. GENERAL INFORMATION!O 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): The Landing at Southport, CSA 2. Print Owner/Signuzg Official's name and title (person legally responsible for facility and compliance): Al Willis, Treasurer - Board of Directors 3. Mailing Address for person listed in item 2 above: 6150 River Sound Circle City:— Southport NC t}' --- State: Zip: 28461 Phone: j 910 } 454-9454 Fax: Email; alwillisl@earthlink.net 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): The Landing at Southport 5. Location of Project (street address): SE Quadrant'of intersection of East Moore Street and Ferry Road City: Southport — County: Brunswick 6. Directions to project (from nearest major intersection): Enter Southport on Howe St (Rt 211) - Turn Left onto E. Moore St Continue on E. Moore St until entrance to site on Right side 7 Latitude: 30.9315 Longitude: 78.0057 of project p 8. Contact person who can answer questions about the project: Name. Michael Ogden Telephone Number: ( 910 ) 3 3 8 - 722 6 F,nall:—mchogdn@aol.com 11. PERMIT INFORMATION: 1. Specify whether project is (check one): ❑New Form SWU-lo1 'Version 8 07 Page 1 of 4 ®Renewal ❑Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existingpermitnumber SW8 971226 Modi f icat ion and its issue date (if known)__ 4/4/2000 3. Specify the type of project (check one): ®Low Density ❑High Density EIRedevelop ©General Permit []Universal SMP []Other 4. Additional Project Requirements (check applicable blanks): []LAMA Major E]Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES Stormwater Information on reauired state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Existing Stormwater Management System consisting -of 3 wet detention ponds with associated dry swales and curbs, curb inlets an drainage pipe system. 2. Stormwater runoff from this project drains to theCape Fea ver basin_ 3. Total Site Area. acres 4. Total Wetlands Area: • n/a __ acres 5. 100' Wide Strip of Wetland Area: n / a acres (not applicable if no wetlands exist on site) 6. Total Project Area": 83.03 acres 7. Project Built Upon Area: 29.9 % 8. How many drainage areas does the project have? 4 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name * * See attached from original Permit Stream Class 8r index No. Drainage Area (sf) Existing Impervious* Area (sf) Proposed Impervious*Area (sf) % Impervious" Area (total) Impervious* Surface Area Drainage Area I Drainage Area 2 On -site Buildings (sf) On -site Streets (sf) On -site Parking (sf) On -site Sidewalks (sf) Other on -site (sf) Off -site (sf) Total (sf): fi Impervious area is defned as the built upon area including, but not limited to, buildings, roads, parking areas, Sidewalks, gravel areas, etc. "Total project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area percentage calculation. Form SWU-1a1 Version 8.07 Page 2 of 4 . 10. How was the off -site impervious area listed above derived? n a IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets 13y your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V, SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SW401-Low Density Low Density Supplement Form SW401-Curb Outlet System Curb Outlet System Supplement Form SW401-Off-Site System Off -Site System Supplement Form SW401-Wet Detention Basin Wet Detention Basin Supplement Form SW401-Infiltration Basin Infiltration Basin Supplement Form SW401-Infiltration Trench Underground Infiltration Trench Supplement Form SW401-Bioxetention Cell Bioxetention Cell Supplement Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Form SW401-Wetland Constructed Wetland Supplement Form SW401-Grassed Swale Grassed Swale Supplement Form SW401-Sand Filter Sand Filter Supplement Form SWU-101 Version 8.07 Page 3 of 4 VI. SUBMITTAL, REQUEREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application pickage should be submitted to the appropriate DWQ Office. (Appropriate office maybe found by locating project on the interactive online map at http:1/h2o enrst4te.nc.us/su/msi maps htm) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form h Litials MRO • Original and one copy of the Deed Restrictions & Protective Covenants Form Renewal • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP Renewal • Permit application processing fee of $505 ($4,000 for Express) payable to 1VCDENR • Calculations & detailed narrative description of stormwater treatment/management Renewal • Copy of any applicable soil report Renewa • Three copies of plans and specifications (sealed, signed & dated), including: Renewa - Development/Project name - Engineer and firm - Legend - North arrow - Scale Revision number & date - Mean high water line - Dimensioned property/project boundary Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated - Vegetated buffers (where required) V1I. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Michael Ogden Mailing Address: • 6158 River Sound Circle City: Southport State: NC Zip: 28461 Prone: (___910 ) 3 3 8- 7 2 2 6 Tax: Email: mchogdn@aol . com — VIII. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in General Information, item 2) Michael R Ogden certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A }VCAC 2H .1000. Xii- Signature: Date: 3 / 3 0 / 2 010 Form SWU- 10l Version 8 07 Page 4 bf 4 State of North Carolina QtviSi en ; Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM 77= form may be phoiacopwd for use as an angbW L GENERAL INFORMATION L Applicants name (specify the mate of the corporation, individual, etc. who owns the project): 2. Pifnt Owner/Signing Officmr's name and title (person legally responsible for facility and complim3ce): David Edwards, Vice President 3. Maf7utg Address for person listed m item 2 above: 1829 Zion Hill Rd., SE City: Bolivia Slate: NC Zip: 28422. Telephone Number: 910 l 755-7020 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name an Plans, specifir hms, letters, operation and mamtena nce agreemestts, etr-): The Landing @ Southport S. Location of Project (street address): 6199 Navigator, way Southport County: Brunswick b. D.tE1cUmiss to prdie`L (fr�i nearest mx4or ): All l4/s! From Howe Street (NC Hwy 211) in Southport, take St art rat to River Road 7. Latitude: 33 a 55' 37. 9" de.-7 IA 59' 51. 8 ^ of project 8. Contact person who can answer questions about the project: Name: David Edwards Telephone Number: ( 910 ) 755-7020 II. PERR41T DMORMATION: 1. Specify whether project is (check one): New Renewal X Modification FMm SWU 101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW8 971226 and its issue date (if known) 3. Specify the type of project (check one): Low Density High Density Redevelop General Permit -Other- 4. Additional Project Requirements (check applicable blanks): _CAMA Major X Sedimentation/Erosion Control _4(34/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, Summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Phase'III is part of the overall low density project @ The- --Landing,however, curb and gutter along witb some collection is used. Vegei-ative swales are Utilized for stormwater management. 2. Stormwater runoff from this project drains to the Cabe Fear River basin. 3. Total Project Area: - 83.03 acres 5. How many drainage areas does the project have? 4 4. Project Built Upon Area: 29. 9% o� 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. rhmra 1 1 cur TV -AM -411 Receiving Stream Name Cape Fear River Caloe Fear River Receiving Stream Class C SW�-, Drainage Area 83.03 Ac. 10.73 Ac. Existin Im ervious* Area —0— —0— Proposed Imr endous-Area 24.86 Ac: 3.62 Ac. RioImpervious* Area (total) 29. 9 33.7 % L.Wrmbm WON u a On -site Buildings 18.56 Ac. 2.42 Ac On -site Streets 5.6 Ac. 1.21 Ac. On -site Parldng 0.35 Ac. _a• On -site Sidewalks —0— _0— Other on -site 0.35 - Off -site -0— Total: 24.17 Ac. Total: 3.62 Ac. Impervious area is defined as the built upon area including, but not limited to, buildings, wads, parking areas, sidewalks, gravel areas, etc. Form SWU--101 Version 3.99 Page 2 of 4 2. _ If this application is being submitted as the result of a renewal or madificatkm to an existing pemrik y9t the Nqrting pemiik numb and its issue date (if bwwa) ♦ I� a is �� _/•• �, :., ':au/ • / J • , • ♦ ♦i ♦ � » ♦ :.i 1.1 � .Y - .. •.1 w'i / ..A 1 .li♦1 l.• .1.11 L r. / •�- ,tr,•1 ♦i .♦ • �.. ..1 ' >►//1 I -�♦uu r_. 1 •'►-1.1 :1� ♦! •1-- •.Y 1 =! - --►1�1/1- ti ✓ _ M • 1-r 1 .:.{ 1 ` w♦I Ir, ►I41 JOR, 7,W.4 7Ik, a/ItJ :I yit UL PlhtOjBCT INFORMATION 1. In the space provided-be%w, summarize 91=1 will be boa kft& Also attach a detailed narrative (cue to two pages) descriiAng storn water for the project . 2 Skmnwafer nmoff frum this project drams to the 3, Total Project Area: arm S "Haw many drainage areas does the project have? 4. PrcjeCt Built Upon River basin. LI 6. Complete the following ndon atom for each drainage area, If there are more tim two drainage areas In the project, attach an additional sheet with the information for each area provided in the same format as below. SW POND # 2 SW POND # 3 RecngSireamName Cape Fear River Vape Fear Ri Recdvi ng Stream C1a'vs C SW C Area 7.08 Ac. 2. Ac. Phiposed *Area 2.78 Ac. 0.66 % } Area Odtaf) 39.3 % 25.7 % • • r • �.AA � .. ,, • I � II •Aq. Jotal: 0.66 _ --r — ►►/w w -syw/crs ro anc -FUU- SPUES -fg= AMM;UMUZ&, UM 1A $lOiiNU U4 a1R/UMF, TMM, panl94r=, ddend, gravel arms, eta Farris SWU: 101 Veal 3.39 PA& 2 af4 2 U this application is being submitted as the result of a renewal or modification to an eadsting permit, list the existing permit number SW8 971226 and its Issue date (if known) 3. Specify the type of project (check one): •r �u -ti v is n �s-r- •• c. a 'a.0 •� n 4. Additional Project Requirements (check applicable _CAMA Major X Sedimentation/Emsion Control _404/401 Perncrit mES Siormwater W010118tion on required state permits can be obtained by contacting the Cnstemer SeMce Center at 1-877-623-6748. M PROJECT INFORMATION 1. In the space provided -below, simImarm how siormwater will be treated. Also attach a detailed narrative (one to two pages) describing st+omrwater management for the project . Phase III is part of the overall low density project @ The Landing, however, - curb and gutter along with some collection is used. Vegetative swales are utilized for Stormwater management 2. SiOurmater runoff from this project drains to the Cape Fear River basin. 3. Total Project Area: 83.03 acres 5. Haw many drainage areas does the project have? 4 4. Project Built Upon Area: 29.9 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the for each area provided In the sauce format as below. SW Pond #3 *(only SW Pond #3 was modified) h ! • r_.P �i..L. '" rz.- ,.-^"�'A;n.N�r• r -_..,: '_ 0�ve:;.:.;:•c�. Cape Fear River "-'L• Receiving Stream Name Receiving Stream Class C Sw DraasageArea 5.09 Ac. EASting eNious" Area -0- hoArea 1.76 Ac. * Any (tOta) 34.6 % _ .i a 1.76ac. • r. am a defined as the built uprnc area including, but not Iim red to, buildings, roads, PAS mm• srdemalks, gravel areas, etc. Farm SVM 101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? N/A IV. DEED RESTRICTTONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary.significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number SW 8 971226 as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than 9,500 square feel of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Buflt-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 stormunter control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for.this project shall include, all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement f(s) listed below unrest be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWLT-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VL SUBUMAL MUDMONTS. Only complete appIicat ion packages will be accepted and xevviewed by the Division of water Quality (DW% A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office _���_ y provided rw•soc� rapired` uy =tiaimg sPace i. Mea3w8sY�••�•-k•� wait ou havYti the � 3fii the provided next to each treat. Initials • Origmal and one copy of the Stamnwater Management Pemeit Application Farm ° One copy of the applicable Supplement Foan(s) for each BW ° Permit application pracessuig tee of $420 (dyable to NCDEN&) • Deta&d nan-ative description of stormwater Iz /maaageme nt Two copies of plans and specifications. err Jud ng: - Developmad/Profit name - Engineer and fiaa -Legend egend - North an w - Scale = Revision number & date - Meant high wafer line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers -CdgkW contours, proposed contuum, spat aa:vasicus, Brushed boor elevations - Details of roads, drainage fees, collection systems, and stnrmerater control res - Wetlands delineated, or a note on plans that atone exist - 5dsting dMimage (including oilsite), drainage eases, pipe sizes, runoff mlcuiat ns - Drainage arm delineated - Veget rAed buffers (where required) ViL AGENT AU MOREEATION If you wish to designate authority to another individual or firm so that they may provide mformaitum on your behalf, please complete this sect kKL Designated agent (iadividualorf m): Houston and Associates, P.A. MailingAddrem: Post Office Box 627 Clv: Shallotte Sit In NC 7 28459 phm( 910 ) , 754-6324 V13L APPLW-4NT'S C8RTMCAIION F= ( 910 ) 754-2121 i, (pr nd ar type xww of person listed in Gaml rat*im ift m 2) David Edso3:r7c certify that the mf xe nation included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conform with the approved plans, that the required deed restmsfns and protective be the proposed project complies with the requirementsof 1SA NCAC 2H .1� A Date: 3 - a. Y-o) FG= SWU-I01 Version 3.99 Page 4 of 4 Permit No. sui F 471 z Z to HOP (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STOR �,.f yTED 'A"TAGEME7ITT =.NU APPLICAlTON FORM LOW DENSITY SUPPLEMENT This fom may be photocoPwdfor use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through .1007. I: PROJECT INFORMATION Project Name : The Landing @ Southport Contact Person: David Edwards Phone Number. ( 910 ) 755-7020 Number of.Lots: 147 Allowable Built Upon Area Per Lot*: 5,500 *1f lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. H. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that musi be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. •' DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts; sidewalks, etc. • No. Lots - the total number of lots in the subdivision. e BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of 2 Calculation: (SA xDE-RA-OA = BUA No. Lots Lot (83.03 Ac. X .299) - 5.6 - .35 - .35 .127 Ac. 147 § 5,500 Sf. M. REQUIRED ITEMS CHECSLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. 2QLb. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DVrQ within 30 days of platting and prior to sale of any lots. _ c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] Form SWU-104 Rev 3.99 Page 2 of 2 PM7 it No. %? q V Z : ro t f or (tom be provided by vwQ) Slate of North Carolina Department of Environment and Natural Resources Division of water Quality STORMWMIER MANAGBdENT PERMIT APPLICATION FORM CURB OUTLET SYSTEM SUPPLEMENT FOR Low DBNsrry tw APmma wnx CUSS AND GMT= This fa m my be rhatowpiedfiw use a an migmal "W aft—m AW Management Plan Review: A complete stmmwater management plan submittal includes a stormwvater management permit application, a curb outlet System supplement, a low density Supplement, design calculations, and plans and specifications showing all stonmowater conveyances and curb outlet details. L PROJECT INFORMATION Project Name : The Landing @ Southport Contact Person: David Edwards phone Number: ( 910) 755-7020 Curb outlets to (check one): Vr Swale 0 Vegetated Area The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 2H..1005. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been not attach justification. Wa. Curb outlets direct flow to a Swale or vegetated area. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a.minimum, the peak Sow from the 10-year storm. c. Flow velocity is non -erosive for peak flow from the 10-year storm event. d. Longitudinal slope of the Swale or vegetated area does not exceed 5%. e. Side slopes of the Swale or vegetated area are no steeper than 5:1 (horizontal to vertical). £ Length of Swale or vegetated area is > 100 feet. g. The system takes into account the run-off at ultimnate built -out potential from all surfaces draining to the System (delineate drainage_ area for each Swale). Swales are located in recorded drainage easements. Grass type(s) for permanent vegetative cover specified on detail. Swale detail provided on plans. Fam SWU 105 Ver 3.99 PEge 1 of 3 M. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Table 1. Swale Design Information Swade, 1`3ca. rage : ftn wed C w 1 .64 .57 .07 87 3.9 5 2.5 0.4 2 3.27 1.12 2.15 .45 10.5 5 1.7 1 3 2.94 1.12 1.82 .49 10.0 5 2.0 0.9 4 - 08 1.16 1.92 .48 10.4 5 3.3 .7 5 6 2.52 1.10 1.42 .53 9.3 5 1.7 1.0 7 2.4 1.04 1.36 .52 8.8 5 2.'5 .7 g 2.27 .9 1.37 .5 7.9 5 2.6 .7 9 1.92 .83 1.09 .52 7.0 5 3.6 .6 10 .88 .22 .66 .39 2.4 5 2.6 .6 11 .98 .36 .12 .76 2.6 5 1.9 •5 12 .657 ..41 .24 .67 3.0 5 2.1 .5 13 14 15 16 17 18 i9 20 21 22 23 24 25 Form SWU-105 Ver 3.99 Page 2 of 3 1. Mowing will be accomplished as needed according to the season. Grass height Will not exceed six inches at any time. 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build -yap, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swaim will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. 5. Catch basins, curb cats, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. b. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for the porfort uance of the six maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsibie party. Print Name and Title:. David Edwards, Vice President Address: 1899 Zion Hill Rd. SE, Bolivia, NC 28422 (910) Date: i - 5-2wo Note: The kBaUY resPansibie party should not be a homeowners association unless more than 50% of the tnts have been sold and a resident of the subdivision has been named the president 1,Air, I�.. A ht St St Ion a Nataclr'Puiillc for dte Srate of n conacy S. do b=eby =tify that !)IjA ��il�� pusatally appeared before me this — day of OlinZUW and ackaowledge the due c=ution of the fmgaing infiitradm basin maintenance emeats: Witness myband and official seal, 13 LA)Ic My commission ewites 4 - is - L Form SWU--105 Ver 3.99 Page 3 of 3 Permit No. SUi S, q9 f zzL (to be provided by DWO State of North Carolina Department of Bnviranmeat and Natural Resources Division of Water Oualifiv 40M,�1' 1 ' �1' 1 ' ' • i ' vk WET DETENTION BASIN SUPPLEMENT This farm Crary be p1wh rapW for use as an arignW DWG Sta mwater. Management Plant Review: A complete stonnwater 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 stiucimi I details. L PROJECT MORMATION Project Name: The Landing @ Southport Contact Person: David Edwards: Phone Number. ( 910 1 755-7020 For projects with multiple basins, specify which basin this wodrsheet applies to: SW Pond #3 r t� Basin Bottom Elevation 8.0 & Permanent Pool Elevation 13.8 ft, Temporary Pool Elevation 14.84 ft. areas Per nanent Pool Surface Area 6,425 sq. ft. Drainage Area 5.09 ac. Impervious Ana 1.76 ac. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and of` -site drainage to the basin) (on -site and off site drainage to the basin) volumes Permanent Pool Volume 8,009 ca. ft. (combined volume of main basin and forebay) Temporary Pool Volume 6,713 cu. ft. (volume detained above the permanent pool) Forebay Voiu = 1.335 cu. ft. (approximately 20% of total volume) Other parameters SAMA1 " . Design Rainfall Design TSS Removal Z (surface area to drainage area ratio from DWQ table) (2 to 5 day temporary .pool draw -down required) (minimum 85% required) Form SWU 102 Rev 399 Page 1 of 4 Footnotes: When using the Division SAIDA tables, the correct SAIDA 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. 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 BW manual provides design tables for both 85% TSS removal and 90% TSS removal. H. 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. is Initials a. The permanent pool depth is between 3 and 6 feet'(required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control du ing construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain 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 ' does not incorporate a vegetated filter at the outlet. This system (check one) 0 does to does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. inspect the wet detention basin system for sediment crosion, trash acamnidafion, vegetated cover, and general condition. b. Deck 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 arras 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. 3. 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.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 4.35 When the permanent pool depth reads 3.6 feet in the main pond, the sediment shall be removed. feet in the forebay, the sediment shall be removed. BASIN DIAGRAL VI (dell in du blanks) pmment pool Ek-M ion 13.8 Sediment N EL 10.2 � 75 ---10 Sediment Rem�ovalMevation 9.45 75% Bottom9.0 96 ---- ___-___.._...—_ — Bottom Elevation 8. 0 25% 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 drain shall be minimized to the maximum extent practical. Pogffi SWU-102 Rev 3.99 Page 3 of 4 7: All components of the wet detention basin system snail be maintained in good woddng order. I aclmowledge and agree by my signature below that I am responsible for the foumance of the seven mautenance 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. Iiint tee• David Edwards ' Vice President Address: Post Office Box 770, Supply, North Carolina 28462 Date: J oL i - U 1 Note: The legally ruble party should not be a homeowners association unless more than 50% of the lots have beensold and a resident of the subdivision has been named the preWdent. I, h6rt4 �a Notary Public for the State of Cmro t tia. County o � ua► 5t'c�.. . do hereby certify that av' F-Ju.)o c s personally appeared before me this day of I . and acknowledge the due execution of the forgoing wet detention basin maintenance tequiren. Witness my hand and official seal, SEAL my commission expires ! - ie- -.004 Form SWU 102 Rev 3.99 Pace 4 of 4 Permit No. S 011712,Z6 Ho y (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality S T O%ci -WA II ER MANAGENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application forth, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. L PROJECT INFORMATION Project Name: _ The Landing C Southport Contact Person: David Edwards Phone Number. ( 910 ) 755-7020 For projects with multiple basins, specify which basin this worksheet applies to: SW POND #2 elevations Basin Bottom Elevation 7 ft. Permanent Pool Elevation 12 ft. Temporary Pool Elevation 13.1 ft. areas Permanent Pool Surface Area 8,930 sq. ft. Drainage Area 7.08 ac. Impervious Area 2.78 ac. volumes Permanent Pool Volume 20,277 ca. ft, Temporary Pool Volume 10,602 cu. ft. Forebay Volume 4,104 cu. ft. Other parameters SA/DA1 2.76 Diameter of Orifice 1. 5 in, Design Rainfall 1 in. Design TSS Removal 2 90 % (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and q ff site drainage to the basin) (on -site and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of total volume) (surface area to drainage area ratio from DWQ table) (2 to 5 day temporary pool draw -down required) (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: 1 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. H a requirement has not been met, attach justification. Is a. The permanent pool depth is between 3 and 6 feet'(required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 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. m. A mechanism is specified which will drain the basin for maintenance or an emergency. IIL 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 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does W does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: s. I-.-gect ;".e wet dete,LLtioxY basin system vo: sediment accumulation, erosion, intssh 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. 3. 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.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 3. 76- feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2,. 2-5' feet in the forebay, the sediment shall be removed. BASIN DIAGRAM � (fill in the blanks) Permanent Pool Elevation _I 7� Sediment Rc oval E. 4.75 75 ------------- Sedimnt Removal Elevation B. 25 754b BottomEie ;L on 9--------------------------------------------- --- FOREBAY Bottom Elevation 1_ ♦ 25% M1T` (Z i7 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 drain shall be minimized to the maximum extent practical. Form SNM-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good woddng order. I ackwwledge and agree by. my signature below that I am responsible for the perfasmance 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 parry. PEW now: David Edwards 'Title: Vice President Address: 1899 Zion Hill Rd - 'SE, Bolivia, NC 28422 Date: / - 5 - &Ono Note: The legally responsible party should not be a homeowners associadon uuless mmr. than 50% of the lots have been sold and a ra;ideat of the subdivision has bem named the panWem I, tir u Ho11,S�0 n a NotaryPublic for the State of er%6Lj County of afiu& do hereby cu* that personally appeared befom me this day of Q06n, . OOO . and aclmowiedge the due execution of the forgoing wet detention basin maintenance ie ,r mpts. Witness my hand and official seal, SEAL My commission expires L e - M - o1DD4 Form SWFJ-lag Rev 3.99 Page 4 of 4 Pit No. 5 &JS• 171?-Z& Hoy (m he Pvvi&d by DWO State of Noah Carolina Department of E xvimnment and Natural Resources Division of water Quality WU DOENTION BASIN SUPPLEMENT This form my be #wftWwd for use as arc wVbW DWQ Stormwater MEN== Ma Review: A complete stormwaber management plan submittal includes an application forma, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structnm details. L PROJECT *DWORMATION Project Name. The Landing C Southport Contact pion: David Edwards Phone Number: { 910) 755-7020 For }projects with multiple basins, specify which basin this wo*sheet applies to: Sw POND #1 Basin Bottom Elevation Temporary Pool IIevatiomt 1.5 g, 7,5 fL 8.4 & permau Pool Surface Area 14,700 sq. ft DrainW Area 10.73 -ac. bnpea`e ou Area 3.60 ae. volumes Temporary ]Pool Volume Forebay Volume Other parameters SA/DA1 Diaymetmr of Odf= Design Rainfall Design TSS RMOval 2 &or of the ) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and of -site drainage to the basin) (an -sate and off -Ate drwwge to the basin) 72, 000 ca. & (combined volume of main basin and forebay) 13,905 cu. ft. (volume detained above the pert pool) 14,500 eu. & (approximately 20% of total volume) 1.79 (surface area to drainage area ratio frorn DWQ table) 1.75 ie. (2 to 5 dada te*Wa'.asy pool draw -down required) 1 in. 90 % (rninimnuia 85% required) Form SWU 102 Rev 3.99 Page 1 of 4 WbM nng the Div a m SA/DA uWk& the Cwed SAIDA ratio for p mno na t pool sizing should be compuoW based op m the actoai boas % and pefmanent pool depth. Linear kmpoladw shomid be employed to demmsime the co aad valme for non - sundwd table eatdes. In the 20 coastal c madm the requirement fcr a vegetative filter may be waived if the wet Mwndon basin is desires to r r ide 90% TSS removal. The N®ENR BW manmi provides design tables for both 85% TSS nemovai and 90% IM removal. Jim,1 1' 341D1 i fl:t y,, The following chwJdist outlines design s per the Stomawater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and AdminW native Code Sectioa:l5 A NCAC 2H. 1008. ThWai in the space ptmvided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwatcr Management Permit Application Form, the agent may initial -below. 'If a requairement hm-not been met, attach josti6cation. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required moinimnin of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls ranoff from.the design storm event. d. The Usmporary pool draws down in 2 to 5 days. 1-n. e. If required, a 30-100t vegetative filter is provided at the outlet (include nau-aosive flow caicnlatYons). The basin length to wilt ratio is greater than 3:1. The basin side slopes above the permanent pool are no steeper than 3:1. A submerged and vegetated per)meter shelf with a slope of 6:1 or less (show detail). Vegetative cover above the penmanent pool elevation is specified. A leash rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right- of-way. L If the basin is used for sediment and erosion coniz+ol during construction, cream out of the basia is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND hUE4TENANCE AGREIIV NT The wet detention basin system is defined as the wet detention basin, pretreatment including forums and the vegetated-fl►iter if one is provided. This system (cluck one) 0 does does not incorporate a vegetated filter at the oudeL TMs system (chock one) 0 does does not incargarate pre other Blau a forebay. FcK m SWU 102 Rev 3.99 Fage 2 of 4 i 1.�F ni w : wt r � �` ► r �+r • rig �r ♦ • 1. After every significant runoff producing rainfall event and at least monthly: a. inspect the wet detention basin system for sediment accumulation, erosion, trash acxhtmalation, vegctated 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 imnmediateiy, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six incUs, and remove trash as needed. 3. inspect and repor the collection system (Lecatch basins, piping, swales, Aprap, etc.) quarbedy to mamtain proper fuacdonmg. 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 m=ner and shill be handled in a roan _nee that will not adversely impact water quality (1.& stockpiling new a wet detention basin or stream, etc.). The sing device used to determine the sediment elevation shall be such'that it wii3 give an accurate depth reading and not readily penetraw into accumulated fiats. When the permanent pool depth r'eads 4. s- feet In the pond, the sediment shall be removed. When the permanent pool depth reads—.'5r feet in the forebay, the sediment shall be removed HOMM IEL B on 1.5 FOREBAY BAMN DIAG OW in du Glaaks) �I. M SmwvzlIIeradm 3 75% 25% 5. Remove cattails and other it drgenous wetland plants when they cover 50% of the basin sudhce. Tbese plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be dram for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Fsoua SW 102 Rev 3.99 Page 3 of 4 7. All con 4xmcnfs of the wet detention basin system shall be maintained in good wodcing order:. I acknowledge and agme by my signature below that I am responsible for the performance of the seven maintena�ace procedmies listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible patty. Print• David Edwards Tom. Nice President ass: 1899 Zion Haul Rd, SE, Bolivia, NC 28422 Date:_ 1- 5 -aorO Note: Mr. legally respandble party sb=M not be a bameowners =h ms more man M% of the lots hm bem sold and a ms dent of dt nbdivmw has beeee naund des puzWeM a Notary Public for the State of LAI, County of S. .1 i It . do hereby certify that Persovolly aPPexed before me this day of Aeog . and acitnowiedgc the due execudon of the forgoing wet detention basin mniaftnance regairem�nts. W-IM s my hand and official seal, My commission expires to - t5 Form SWU l02 Rev 3.99 Page 4 of 4 Telephone (910) 764-6324 Facsimile J910) 754-2121 11vtolf"O I siWjol WL U'DARMft—J-2, 11.7 Pine Sh"t Post Office BOX 627 uza M-M��g Me. Ndelle Lutheran, Envhvnmentd Eaginew Division of Water quality NC Department of Envirorunent and Natural Resources .127 Cardinal Drive Extension WthTAngton, North Carolina 28405 Subject: The Landing at Southport SW8 971226 Modification Storinwater Certification Dear Me. Lutheran: Attached is the stormwater certification form, Pages I and 2, for the subject project. The form has been sWed and sealed in accordance with the conditions of the stormwater permit. Based upon our recent joint Inspection of the project, and the follow-up work performed by the owner's contractor on the stabilization of pond bank slopes, I can now certify the the project has been built within substantial compliance with the intent of the approved plans and specifications. We appreciate your attention to this matter, and trust that this completes the certification process. Should you have any comments or require any additional information, please do not hesitate to contact our office at your convenience. — I --- 3; , k Sincerely, P.E.s did Houston, I andAlsomeebtee.P.A. Attachment pc: Mr. Fred Ward, bluegreen File; 0 1 -0 134 (The Landing at Southport, Phase 111, SW) The Landing @ Southport StOrmwater Permit No. SW9 971226 Modification Brunswick County Designer's Certification State Stomnwater Management Systems Permit No. SW$ 9119- Mod' cation Page 1. of 2 Jay R Houstcn . as adulyregisGered Professional Engineer in the State of North Carolina, having been authorized to observe(pniodically/weeidy/frill time) the construction of the project, The. Landing @ Southport (Fmject) for Bluegreen Cor�ti`cn (Project owner here state by 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 are a part of this Certification. Noted deviations from approved plans and specifications: None significant to list Signature stratio °Q � � n S M Data 81 1 zC0 Stair Stormwater Mwagement Systems Permit No. SW8 97'1225 Mod'cwCw Cetfication acquirements: gage 2 of 2 #tI. The drainage area to the system contains Mmmnateiy the permitted acre,age. Z. The drainage area to the system contains no more than the permutted amount of built -upon area, 3. All the .built -upon arcs associated with the project is graded such that the runoff drains to the system, 4. The oudeubypass structure elevations are per the approved.plan. The outlet structure is located per the approved plans. Trash rack is provided on the outlWbypass structure. All slopes are grassed with permanent vegetation. Vegetated slopes are no steeper than 3: L Tho inlets are located per the approved plans and do not cause shod -circuiting of the system. The permitted amounts of surface area and/or vohmte have been provided. ;i Required drawdown devices are correctly sized per the approved plans. All required design depths are provided. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated fiber. The ov=fl dimensions of the system, as slum an the approved plans, are provided. NCDErU DWQ Regional Office Delaney Aycock, Brmwmck County Building Inspector WINDING'RIVER Plantation JAN 2 5 2001 January 17, 2001 Ms. Noelle Lutheran Water Quality Section North Carolina Department of Environment And Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28401 Subject: The Landing at Southport Declaration of Covenants, Conditions & Restrictions Dear Ms. Lutheran: Enclosed, please find a copy of the Declaration of Covenants, Conditions and Restrictions for The Landing at Southport. Also enclosed the Articles of Incorporation, and the two Amended Restrictive and Protective Covenants. If there is additional information required, please do not hesitate to contact us. Sincerely, Sandra . Schu Bluegreen Caro ma Lands Enclosures P.O. Box 11367 ■ Southport, NC 28461 . Phone (910)755-5100 ■ Fax (910)755-5108 www.winding-river.com A Bluegreen Golf Community '► Brunswick County —Register Of Deeds Robert J. Robinson Inst #37380 Book 1359Page 598 02/16/2000 10 : 39an Rec# 35` I a.7 Prepared by: FRANK W. ERWIN ERWIN, SIMPSON & STROUD, ATTORNEYS, P.L.L.C. P. O. Box 7206 Jacksonville, NC 28540 Index in the Grantor Index: The Landing at Southport Subdivision- Amendment Bluegreen Carolina Land, Inc. Bluegreen Carolina Lands, LLC The Landing at Southport Community Services Association, Inc. NORTH CAROLINA BRUNSWICK COUNTY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE LANDING AT SOUTHPORT (multi phase) (Modification Only) This Declaration of Amended Restrictive and Protective Covenants, made this the I day of February, 2000, by BLUEGREEN CAROLINA LANDS, LLC, successor by merger to Bluegreen Carolina Land, Inc., The Landing at Southport Community Services Association, Inc., hereinafter called "DECLARANTS;" Whereas, the Declarants have heretofore recorded Restrictive Covenants and Amended Restrictive Covenants in Book 1226, Page 0701, and Book 1248, Page 839, Book 1267, Page 1236, Book 1293, Page 532, and Book 1301, Page 1203, Brunswick County Registry; And Whereas, the Declarants wish to modify the aforesaid Restrictive Covenants; And Whereas, the Declarants will hereafter convey the property described in all of the aforesaid Declarations and Amendments thereto and as described in paragraph one (1) herein subject to all of the conditions, restrictions, reservations, liens and charges set forth in the Declarations and Amendments thereto, all of which are incorporated herein by reference as if fully set forth; And Whereas, the Declarants do wish to modify the aforesaid Declaration and Amendments thereto as set forth below; NOW THEREFORE, the Declarants do hereby modify the aforesaid Declarations and Amendments thereto and hereby declare that the real property in and referred to in the aforesaid Declarations and Amendments thereto (all as referred to above) and as described in paragraph one (1) herein, shall be held, transferred, sold and conveyed subject to the protective covenants set forth above and amended as follows: RCT REV-- TC#� TOTAL CK# REC# li. CK AST CASH REF---- BY Inst # 37380 Book 1359Page: 599 1. Property Description: Being all of those numbered lots as shown on that certain plat entitled "The Landing Phase One as recorded in Map Book 19, Page 520; Phase Two as recorded in Map Book 19 Pages 521 and 522 and Map Book 20 Pages 185 and 186; Phase IIB as recorded in Map Book 20 Page 273 and Phase Three as recorded in Map Book 21 Pages 16 thru 18, Brunswick County Register of Deeds, said lots lying and being situate in or near the City of Southport, Smithville Township, Brunswick County, North Carolina. 2. Modification: Paragraph 3. General Restrictions, Section 1.1 shall be deleted in its entirety and the following shall be substituted in lieu thereof: . . ... . Section .1.1....Stormwater Runoff: The allowable_per_ square foot built -upon area per lot is as listed hereafter, inclusive of that portion of the right of way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking. These covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Department of Environment and Natural Resources. Filling or piping of any vegetative conveyances (ditches, swales or similar improvements) associated with the development except for average driveway crossings, is strictly prohibited. Lots with CAMA's Area ofEnvironmental Concern may have the permitted built upon area reduced due to CAMA jurisdiction with the Area of Environmental Concern. All lots - S.500 square feet 3. Ratification: Except as hereby amended, all and every term and condition of the aforesaid Restrictive Covenants recorded in Book 1226, Page 0701, and Book 1248, Page 839, Book 1267, Page 1236, Book 1293, Page 532, and Book 1301, Page 1203, Brunswick County Registry, are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board ofDirectors; this the day and year first above written. BLUEGREEN CAROLINA LANDS, LLC By/40*' : Yic,e. Inst # 37380 Book 1359Page: 600 STATEOF qoril, Cakjino— COUNTY OF Zygn5wiciC I, a Notary Public ofthe County State aforesaid, certify that � , 'bcLri d ed wavjs personally came before me this day acknowledged that he is they ire.. President, the officer/agent authorized to execute pursuant to NCGS 57C-3-24 ofBluegreen Carolina Lands, LLC, a Delaware Limited Liability Company, and that by authority duly given and as the act of the Limited Liability Company, the foregoing instrument was signed in its name by its manager/agent/officer. Witness my hand and official stamp or seal, this day of J�Cobr"-" My commission expires: ' 7 0.3 G:\data\client\bluegr\landing\amd.stmwtr 020200 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of JEANIE GLENN Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 16th Day of February , 2000 in the Book and Page shown on the First Page hereof. ROBERT J. ROBI SON Register of D ed vVice. VV is Vi VVir Vv iVv� L1..rlL+v�Wi.• v yr - r � t'01/11/1994 07: 36 9103465883 FRANC W ERWIN PAGE r 02 r STATE OF NORTH j Department CAROLINA of �`° To aU whom these presents sball come, Greetings: 19 ELAINT F. MARSEALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF THE LANDING AT SOUTHPORT CONEMWMTY SERVICES ASSOCIATION, INC. the original of which was filed in this office on the 131 day of May, 1998. IN WITSESS lVMRE-OF,, t have hagunto sex my nand and affixed my official seal at the City of Raleigh, this 13" day of May,1993. 5eavory of smit VV/&160 OV 1M-Vr Lj O1v IOV 14Vi YLVLVaWL1VVa�L .01/11/1994 07:36 9103465883 FRANK W ERWIN wj-, VVV PAGE 03 98 09 Preparod by: FRANK w. ERwIN, ATTORNEY P. O. Box 7206 Jacksonville NC 28540 5007 AFMI CLES OF T.NCOMPOILkTI N —04V7-57d— FILED 13.'`a aM MAY 13 M5 OF B�YAR1f OFSTAIF t H CAROUM THE LANDING AT SOU1'i'ORT COMMUNITY SERVICES ASSOCIATION, INC_ We, the -undersigned natural persons of the age of eighteen years or more, acting as incorporators for the purpose of creating a noaprofit corporation under the laws of the State of North Carolina, as contained in Chapter 55A of the General Statutes of North Carolina, entitled "Nbaprofit Corporation Act", and the wveral amendments thereto, do hereby set forth 1. The name of - the corporation is: THE LANDING AT SOUTHPORT Cob MUNM SERVICES ASSOCIATION, INC_ 2. The period of duration of the corporation shall be: PERPETUAL. 3. The purpose(s) for which the corporation is organised is/&= a) To provide maintenmce of certain veal property and improvements thereon to be owned by the Association situated and lying and being in Onsl ow County. North Carolina, and more particularly described as being in or near THE LANDING AT SOUTHPORT SUBDIVISION and any other property which may be owned and controlled by the Association from time to time. And further, to undertake the perfotmau= of the acts and duties incident to the maintenance, improvement. architwtural control and management ofsaid real property with any improvements Neon in accordance with the terms, provisions, conditions and authorizations contained inthese, Articles oflncorporadonasMay len sary or convenient in the administration of the operation thereof (b) To make, establish and enforce reasonable rules and regulations governing the use of the Common Elements, land, and other real and personal property which may be owned by the Association itself; (c) To make levy and collect ssq=sm=ts against Unit Owners; to provide the funds to pay for counon expenses of the Association as provided in the Declaration and to use and expend the prooea& of assessments in the ==,cim of the powers and duties of the Association; to use Said assMMeatsto promoto the recreation. acquisition, improvement and maintenance MvMg, SCOGGIK SDbt M t STROUD Aumuc2s, P.L.L.C.. Tckphone: (910) 346-3566 SU G= Branch Road. Suite 115. P. O. lioz 7206. ]arlanv&. NC 25540 el/il/1994 07:36 91934656e3 FRANK W ERWIN PAGE 94 of the Common Area, sesvi= and facilities devoted to this purpose and related to the use and egjoymant of the Common Arm -including but not limited to the cost of repair, replacement and additions tbereto, the can of labor, equipment, materials, management, supervision thereof, the maintenance of msuranre in acoorda= with -xhBylaws, keluding the employment of attorneys to represent the Association when ve=ssm for such other needs as may arise; (d) To maintam repair, replace and operate the properties for which the Association is responsible; (a) To enforce by any legal means, the provisions of the Declaration, the Bylaws of the Association, and the rules and regulations for the use of the Association property; (f) To contract for the management of the recreational property and to delegate to such manager ormmagers all powers and duties of the Association except thoAt powers and duties wWcb are ipedficAlly mquired to have approval of the Executive Board or the membership of the Association; (g) To have all of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration and all powers reasonably necessary to implement the purposes of the Association. 4. The Corporation shall have members as provided by the By-laws. S: The street address and county of the principal office of the corporation is: 3973-A r,4arka Street, W-2 mmgton, New Heaver County, North Carolina 28403. 6. The street address, county, city, state and zip code of the initial registered office of the corporation is: 3973-A Market Street, VVilmingtotr. New Hanover County►. North Carolina 28403. 7. The name of the WtW registered agent of the corporation at the above address is: DAYID L. DICKEY, 8. The number of directors constituting the initial Board of Directors shall be three (3). and the names and addresses (Wuding sttect and number) of the persons who are to sen►e as din ctors until the first meeting of the corporation or until their sucoessor6 are eiected and qualified are. DAVM I-. DICKEY 3973-A Market §trot, Wilmington. NC 29403 SANDRA WARNICK 3973-A Market Street, Wilmington, NC 28403 gRWiN. $QOOGIN. 3rMP9ON 8 STICOtJD Ateoees�nr, P.E..LC.-Tekp�hoao: �t� a46.1566 W Gwa Branch Rawk Saiw t IS. P. O. Baas '12M. lackxo%VZry NC 2U40 2 vv --. vv ai Vv y.iav �.rV 1-V- LLV.r VaW....• yv�µ •..01/11/1994 07:36 9103465883 FRANC W ERWIN -ej — , - PAGE 05 SEAN SCANLON 3973-A Market Street, Wilmington, NC 28403 9. Thenameandaddress(uuluding streetandnumber) oftheincorpomtor(s) is/am: (Only one incorporator is required) DAVID L. DICKEY, 3973-A Market Street, Wilmington, New Hanover County, Nurth Carolina 28403. 10. Any other provisions which the corporation elects to include are as follows: (a) The Corporation shall have all the powers granted non-profit corporations under thelaws of the State of North Carolina. Notwithstanding any other provision of these Ait des, this Corporation hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986. This Corporation shall not carry on any activities prohibited by a Corporation electing tax-exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law. It is further provided that no distributions of income of the Corporation are to bemade to members, directors or officers of the corporation; provided, however, that members of the Corporation may receive a rebate of any excess dues and assessments previously paid. (b) In the event of the dissolution of the corporation or the winding up o f its affairs or the liquidation of its am% the mrpoaation's property shall not be oonveyed to any orpnization created or operated for profit or to any individual for less than the fair market value of such property, and all assets remaining after the payment of the corporation's debts shall be conveyed or distributed only to an organization or organizations created and operated for nonprofit purposes similar to those of this corporation. (c) The corporation shall indemnify all directors, officers, employees and agents against liability and expenses in any proceeding (including without limitation, a proceeding brought by or on behalf of the corporation itself) arising out of their status as such or their activities in any of the foregoing capacities. The corporation shall also, and to the same extent, indemnify any person, who at the request of the corporation is or was serving as a director, officer, partner, trustee, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise or as a trustee or administration under an employee benefit plan. Such persons shall be entitled to recovery from the corporation of reasonable costs, expenses, and attorneys fees in connection with the enforcement of rights to indGmaification granted herein, pursuant to NCGS SSA-8-50 et seq. IN WITNESS WHEREOF, I have hereunto set my hand and seal thisG`y day of May, 1998. $&WIN, MMPSW t ST mm A,twMam P.L.L.C. - Tdepbow: (910) 34&3566 82S dot Bnach R=d, Suite 115, P. O. Box 7206. Juckwxv8le, NC 18540 -3- 01/11/1994 07:36 9103465083 FRANC W ERWIN NORTH CAROLINA COUNTY OF catify that on the da1,. of May 1998, before rne. a Notary Public, personally appeared DAVID L. DICKEY and after having first made known to him contents thereof, be did acknowledge that he signed and delivered the same as his voluntary act and deed for the mes and purposes therein expressed. Witness my hand and notarial seal, this the ,� da of May, 1998, A P'- PAL LOrt1,. G NOTA!A�Meher, MY COMMISSION EXPIRES: t1oAv+Ry'1�1Cl10A(102>93)PtrS �6ev""`�a tt7ENT18LL7BGA11ATfD11��Atit7�+►aRT1a� . 0� ti)CS s PlWARY + PUBLIC •I- �,y•Nr�� � ,�i mwar. stmmx a: rmom Attamgz, P.L-Le_ . Tcicphow: (910) 346-3566 US G� Bmacb Rea4 Suite 115, Y. 0. Box 9206. IacksosvMe, 14C 2RS40 -44- Prepared by: FRANK W. ERWIN ERWIN, SIMPSON & STROUD, ATTORNEYS, P.L.L.C. ' P. 0. Box 7206 Jacksonville, NC 28540 m LD =' �aa co �T Index in the Gmmtor Index: s `—' N The Landing at Southport Subdivision Bluegreen Carolina Land, Inc. zN z tv o r_ The Landing at Southport Community Services Association;Inc- N = G Nw NORTH CAROLINA DECLARATION OF COVENANTS, BRUNSWICK COUNTY CONDITIONS AND RESTRICTIONS THE LANDING AT SOUTHPORT (multi phase) THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made the 22nd day of May, 1998, by Bluegreen Carolina Land, Inc., a corporation organized and existing under and by virtue of the laws of the State of Delaware, hereinafter called "Declarant," and The Landing at Southport Community Services Association, Inc., a community services association with an Architectural Control Committee having powers as described herein; WITNESSETH: THAT WHEREAS, the Declarant is the owner of the real property described in Paragraph 1 of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall. inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. AND WHEREAS, the Declarant also desires to provide and allow for the submission of additional "sections" to the Project as said phases are developed and completed, and to provide for equality of rights, privileges and obligations of all lot owners in all phases of the Project by adding additional phases by amendment to this Declaration b the recording of an Amendment hereto; UT e VIL C. :i i-4- ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: (910) 34.6-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 NOW, THEREFORE, Declarant hereby declares that the real property subject to this a- me::i is and shall be held. transferred, sold and conveyed subject to the protective covenants set forth below: 1. DESCRIPTION OF REAL PROPERTY: The real . ro erty which is. and shall be heldtransferee 'a p p , sold and conveyed subiec� to the protective covenants se. forth in the articles of this Declaration is located in the Couav or - Brunswick. State of '-N-orth Carolina. and is more particularly described as Follows. BEING all of that property known as The Landing at Southport,. Section I. as more particularly described on Exhibit B-1, Project ' Property, attached hereto and incorporated herein by reference as if fully set forth. 2. DEFINITION& Section I. "Association" shall mean and refer to The Landing at Southport Community Services Association, Inc., its succe2sors and assigns. _ Section 2. "Owner" shall rnean and reFen to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contr act sellers. but excluding those having such inter est rnereiv as secut:ty fo r the perfo �_�.ace of an obiiaation. Se--tiOn 3. "Pro per ztes" shall mean a r :e' t0 that cent'"^ I .. � :� e ,. �... real property here.: after described and suclh add --bons thereto as hereafter be brought the jursaiction of the Association, and specific:_Ily includes all of that subdivision k_now-z. a_rerally as The Landina at Southport. Bruns:vic Count.. _onh Carolinna. y r or. - :e.," shall 111ean1 all real ^rope^y env:.ed ;,y the Association fcr the cormon use and e^104Tilent OI the OW e: '— ^ al :: s. ant. s-......ic �IIy ::.i -lean any stor �: water control or disposal LTn"nOvements. piers; wallkwati-s, streetif an,.-, w hic:.:'2':aV be C o^s „ Section -5. t" s ,"3� " 0 Or:dOmli:1L!:T: uni� as Lc r:all me - an and :�:,,. to any plot of la r c defined ir. N.C.G.S.. 7C-1-103, shown upon any recorded subdivision man of the Procerties with the exception of the Common Are and includes ar_v irnprove.-::ents thereon. if anv. Section, b. "Declarant" shall rnean and refer- to Blue-green Carolina Land. Inc., its successors and assigns. if such successors or assisns should acquire all remaining undeave:oiled Lots From the Declarant for the pi:.,. ose of development in the orcinary course of business. or as evidenced by an assi=-=,ent instnu rent recorded by Deciarant ia the public recores of Brunswick Countv, N-oNor.Carolina. Section i. "Project Property or Area" shall mean the total of the real prope"; mcorrormed herein and described here;nabove in Exhibit B-1, toge{her with all structures a::c other L'morovements thereon. together with such other portions of the Development .tee= as may From tine to time be added to and incorporated in the Project area by amendment of this Declaration. ERWTN, SINIPSON & STROUD Attoracys, P.L.L.C. -Tcic hc=c: ;9Io) %5-=-`66 3_-5 Cum Brare Roar. Suitc I I=. P. O. Box 7_06. 1acksonvi. e. `C 234q=0 2 Section S. "Development Area" shall include that property described in E.Yhibit B, all or part of which may From time to time be submitted to and made subject to the terms of this Declaration. Section 9. "Parcel" ;hall mean_ and refer to a portion or part of real properly, together with the improvements located thereon, which becomes subject to this Declaration. iriis to y shall include any additions to the existing Properties as herein provided. Senior. 10. "Livin_ unit" or "Unit" shall mean and refer to any portion of a stricture situated upon the Properties designed and intended for use and occupancy c r�� a,. residence by a single family, including without limitation detached single famiiv homes, townhouse homes, patio homes and condorr.---uum units. 2.1 EXPANSION OF PROPERTIES INTO DEVELOPMENT AREA: The Declarant, for itself and its succZssors and assigns, hereby expressly reserves the right, but shall in no way be obligated to expand the properlies which are subject to this Declaration without the consent or joinder of the Owners of Lots or persons or entities having a lien or security interest in such Lots by adding from time to time all or any portion of u`te tract of land known as the Deveidprient Area and being more particularly described as follows: BE?NG all of that property as shown on Exhibit B. attached hereto and incorporated hereir by reference as if fully set forth. 7r,.e Declarant a:_y also identE_ v and add to the development area by ainendment hereto any other such property as Declarant in its sole discretion may dete_i e. An ame::o•.TMe:nt o this Declaration s ail be made andrecordedin the Office of t:_e Register of Deeds of Br�nswict Count North Carolina. to i:.clude e; c cordon of :_tire_: property whic.1 is to be ; Cluded Wit: in this Declaration. and eac Such portion Of the :eel property shall constitute an addition. to the Properties. a%e t of the Declararit. art its successors and assigns, to expand the Prcherein provided5`a expire ten (I O) vea5 from the re..ording Of t'. S .niStrl`uieit. Or u�0i1 the sale to consu erg Of aII Of the prOCe: '_eS described in Exhibit B- i or Exhibit B, whic :ever occurs first. 2.2 SUPPLEMENTAL DECLARATIONS: Declarant sha11 have the right. from time to time, to record Sunule:rienta? Declarations for po rtio ns (" Parcels") o f the Pro perties which may designate spe4 fic use and o then restric:ions within said Parcel, may create Comm -ion Areas within such Parcel for the use only of Owr_ers of Lots in said Parcel. and may create an intei;ial owners association within said Parcel: provided. however, no Supplemental Declaration shall avoid mer nbershio in the Association by Owners of Lots in said Parcel, nor shall any Supplemental Declaration modify ora.*read the terms of this Declaradont or of any prior Supplemental Declaration for another Parcel. ERWTN, SIMPSON & STROUD Attorneys, P.L.L.C.-Tc!c—_ie=e: (910) 346.3566 825 Gum B;ancu Road. Suite 1155. P. O. Box 7206, JacksonvU!e. NC 2S540 I 3. GENERAL RESTRICTIONS: 3' I?? 6 PG 0 7 u 4 The following general restrictions shall apply only to that property as set out and described in Exhibit B-1. Section 1. Residential- I Tse: No structure shall be erected, altered, placed or permitted to remain on any Lot other than, and no structure shall be used except as, a single, one family dwelling not to exceed three stories in height, (which may include separate living quarters for one or more members of the owners' family or relative), accessory building, a private garage which may contain living quarters for occupancy by domestic servants ofthe lot occupant only, provided that the accessory building or garage are constructed in line with general architectural design and construction standards used as the dwelling itself. Each dwelling shall contain a minimum of 1,700 heated square feet. - Notwithstanding the above, an attached; roofed and screened rear or back porch (not front porch) which otherwise complies with these covenants and which has been approved by the Architectural Control Committer may be deemed to satisfy not more than 200 square feet of the minimum 1700 square foot requirement above, even though it shall not be heated or enclosed by walls. This covenant shall not beconstrued as prohibiting the use of anew dwelling as a model home for sales/rental purposes. Section 1.1. Built Tpon • The built upon area for each Lot shall be limited as shown on the recorded plat. "Bunt upon area" shall mean that portion of the Lot which is covered by impervious orpartially pervious cover including right ofway, buildings, pavement, walkways or patios of brick, stone or slate, but not including wood decking. This requirement as to built upon area shall not be waivable. This requirement shall not, however, apply to the "amenity area or site" common area... . Section 1.2 Compliance with Wetlands ReZiflatiOTIS: It shall be the responsibility of each owner, prior to alteration of any lot, to determine if any Lot shall have been determined to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements of state wetland rules adopted b. the State of North Carolina in force at the time of the proposed alteration. The intent of thi deed restriction is to prevent additional wetland fill, so the property Owner should not assum- that a future application for fill will be approved. The property Owner shall report the nam of the subdivision, in any application pertaining to wetland rules. This covenant is intender to insure the continued compliance with wetland rules adopted by the State ofNorth Caroliu therefore benefits may be enforced by the state of North Carolina. This covenant is to run wit the land and shall be binding on all parties and all persons claiming under them. IItwiN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone- (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 4 Section 2. Prohibited Strlictlire. No structure of a temporary character, trailz basernent, tent, shack, a rage. barn or other outbuilding shall be used on any Lot at any t-t as a residence either temporary or pe:=aneatly. No trailer, mobile home, caz:iper or [ire vehicle shall be allowed on the property at any time, or any other Structure which is finished or partially finished at a manufacturing unit or glans and transported for uic - z ..,� Q �.s.�e...�Iy or which. is designed to be disassembled and relocated shall be allowed. It is spec ifically the intention and purpose of this covenant to proidbit the location of rnobiie�homes, trailers, re'.ocat able houses. oFsi_iiar type str?tcrures on the proper:. Modular construction shall ce pe^ritted providing that it is a full floor Joist system not supported by chassis or - steel frr:rme. Fabrication shall not be limited to the building lot. This covenant shall not be construed as prohibiting the use of such a structure as a sales/ rental model or office or construction. lice Facility. Section 3. B lii _i-+B T o . /fine. No buiidlIlg, residence, graae or other pe.��,iiLe^ V accessory building shall be located on any Lot nearer any Lot boundary line than.as shown on the recorded plat designating the Lots in the subdivision. For -the purpose of this covenant. eaves, steps, open porches, and carports shall not be considered as -a part of a building provided, however, that this shall not be eonstnied ro pe�^riit any portion of a building on a Lot to encroach upon another Lot. An error of ubt more than 10 percent in the locatior. of a build:.-.-- on the Lot with respect to the mini.tnul-n setback lines shall not be considered a vio- lation: of this covenant. SeCr;On'.1 COrc'^T(`";(lr�nr Vic-' 'l ,' NO CC i T ti0n Of 'I �_ '` - struC a_ y kind. Lncludi n? bur. not 1L^mited to, the c:"''rin.a or grading Of alny-L Ot. Or ;h e bull-d-a.of any wall. fie^_c2. Iandscaping, be. i or aed_a which act as a fence or vnvac; inducing, = ,c,ur, pier. dock. orna-ent�tior., or orrice st_ rcture or irnproof any nature shah be erected. pieced or altered on any Lot u.*itil: 1 the co � a 1 -) t,.an5 and- spN:iic.:t_ons �__d a plan sho �•ing th location of the smictur and landscaping have been approver in writing by the :fire: itec:urai Con"--ol COruilittee. as provided in zticle 6 nerCOf;-and _) the Owner Said ,c'•^'1 L=%ti OIs.G•' Lot i.�i i.:.. depO-qiLed Or caused to be deposited with the :ASsociation a deposit t0 defrzv the cost OF reps r of anv cor-.=L on facilities damaged bv the procosed consz_?-:ction in the as :ou-Ir OI S1.000.00 for home const_ action and a mini=urn of S250.00 for any other urerov=!ler.ts or such i--her amount as the Association may —set. T}aedeposit reouirerne.., shall not bewaivable. Once construction of a dwelling or other improver eats are stared on anti Lot. the improvements must be substantially completed to accordance with the approved Clans are spec/:cations within twelve (12) months from co=encerent. Construction activltv Shall be con: ed withdri the lb ofeach Lot. Each owner shiall be responsible For any can 1 ' y: done :o any streets, roadw•ays, accessways, common areas. or property of other Owner= %V;111i:l the subdivision which may be caused by any owner, his agents, employees. guests. lic`s�ts or invitees, during construction and at anv other time. , ERWrNL , SI`SPSON & STROUD Attorneys, P.L.L.C.-Tc1=12ozc: 1910) 6-:566 32S Ga- Branca Road. Suitc 115, P. O. Box 7206. Jacksonvillc. \C 5 The Association shall have the right to assess any owner for such damage and such charge shall be an assessment against the owner and the Lot and shall be subject to collection as any other regular assessment. The ends of culverts to be capped to prevent erosion. Section 3.2 Construction Debris- During construction of improvements on any Lot, adequate portable sanitary toilets must be provided for the construction crew and the lot must be cleaned of excess debris at least once per week. Each lot owner shall be obligated to collect and dispose of all rubbish and trash resulting from construction on his lot. Section 3.3 Limitation ion on B it ir,g Materials-- No dwelling or other improvement shall be constructed which shall have an exterior of concrete blocks, asbestos or asphalt siding. Materials used and construction techniques employed shall be primarily those that are typical to the Carolina coastal plain. Low -maintenance materials are encouraged- Roof colors and textures and exterior wall materials should be compatible with the setting and reflective of Lowcountry traditions. Siding shall consist of brick, cedar shakes, horizontal cementious siding, or wood. Roof material may be standing seammetai, cementious tile, simulated slate, or classic composite shingle, "dimensional" asphalt or fioerglass shingle similar in style to cedar shake construction. Colors that are compa ableith the elevations and wsurroundings should be used. Roof vents and accessories should be located on the part of the roof unseen from the right-of- way, and must be painted to match the roof color. Cutters shall match the fascia trim color or they shall be seamless aluminum or copper. Downspouts shall match the exterior wall trim. Flue pipes shall be cased in a chimney enclosure that matches exterior materials. All dwellings shall be constructed of material of good grade, quality and appearance and all construction shall be performed in a good workmanlike manner and quality. Any permitted outbuilding shall be of the same material, quality, general appearance and workmanship as the dwelling - Outdoor, uncovered living areas should be constructed with materials and colors that are compatible with the exterior materials and detailing of the house. Railings should be consistent with the architectural character of the house. Patio and terrace surfacing material should be concrete, stone, or pavers. Lighting sources shall not be directly seen. Illumination of surfaces such as walls, walkE and decks is permissible. Porch lighting, for example, may include wall washers and recesse fixtures that illuminate the entry surface, but the source of lighting should not be in vies' Floodlights are restricted to the rear of the house. Section 3.4 Porches Each dwelling shall include, as a part of th��chtshould e attached at the roof line, an attached and roofed (non screened) porch porch d sh compatible with the setting and reflective of Lowcountry traditions. The front occupy a minimum. of 50% of street front elevation at the first floor, and shall be a minim gRwIN, SIMPSON & SMOUD Attorneys, P.L.L.C. -Telephone: (910) 346-3566 W Gum Brach Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 6 depth of 8 feet. Comer lots are required to have a porch Follow the street wall around the corner to occupy, in addition to the f0% front street elevation, a minimum of'00 of the side yard elevation facing the adjoining strut.which Rio porch shall adjoin the front or. side of a dwelling shall be screened but an attached roofed rear or back porch may, subject to Architectural Cor_-zs1ittee approval. be screened. Sec�ion '.. ��isarc No noxious, offensive. oriileaal acdvity shall'becar-,-: on or eonducte uuon any -Lot nor shall anvtt Tn� be done on any Lot that shall be or be, % ate, tin_reasonable annoyance or nuisance to the aei.ahborhood. All Lots, whether OCCLLie.. Or r unoccupied, shall oe well maintained and no unattractive growth or accumulation of rabbis,-,. or debris shall be pe.—riicted to remain on a Lot. No autonobiie, otheryehicie(s), mo tore cle; 5} or other similar items shall be repaired or placed "on biockS" or stands except in an enclosed garage. Declarant, or Association, its successors or assis, reserves the right to enter urOP_ and cut grass, weeds, or undergrowth on any lot or edserneru, but shall be under no obiisation to do So. Tine Declarant or Association may contract far; and assess t0 Owner, any maintenance necessary to enforce this covenant. Section S. ri-ri1q: No animals, livestock, or pouitrr of any kind shall be keot or maintained on any Lot or in any dwelling excepi that household pets may be kept provided they. are not kept for breeairg Or commercial purposes. Any such house'.^.old per, shall net be allowed off the Lot of the Owner of said pet unless said pet is attended &ad on a leasi-1. Owne shall be solely and absol'ut-ly liable for the acts of ar_v pet kept on thsir Lot. Pe:pens. do` rear:s, and "boxes" must be .proved prior to constrict on or placement and M St be SC7Z-_^0A_ from a.alac=: torts of -way and lots. - Sec,lOn 6. ('?or- age �_,"yjZ "cam Diag- e, 1. No-101 Shall Ce used or ..:`r*itr.neL as dly'rc in _ -- . u1Sis ash. "''cc.� Or OCher `V ,.vase Si:a.Il r:OL �e bu^...: Or � czO. OSed of on any Lot and sha ll be kept r �'ir-nal pr ri-?, ;- er r d :n a.: ooF_ Sa . � v c.,nL;:...,._s app.ove� ic'rlitectiiral Cor:L:-oi Cog :,ittee. equipment for the storage prior to disposal of sue'_ material Shall 'Ce kept in a c'.ean and sanitary condition. Tr.le ^i4ernCrit of containers s'rou_; d be near or attacked to the dwelling and placement shall be approved by the :kchitec,u_al Control Comriittee and. in any event. shall be screened-frorn view and kepL in an enclosed area not subject t0 view from any person. from any direction. i ne Declarant and Association reserves the right for itself, its succMscors and asSigris, t0 cOntr act for aarbaae C011eCt10n Se^:'iC,-S for each lot in the subdivision and the lot owner shall be responsible for the pa=, e_^_t of Suc-i garbage ser , ic--s to the cornDany providing the sane; Or the ASSv^Ciat10P. rnay Ir '1tie SL1Ch 1 common expense or expense. to a parz.cular owner. Every owner shall well maintain: his lot. No accumulation of rubbish or debris shall be - per=tted. Each owner of an unbuilt lot shall clear his lot of underbrush at least one tirne =ach: year. If owners do not so clear their lot, the association shall have the authority to c'_ear ar:5' such lot o C un derionisn and Set7arate`v assess the cost t0 the owner Of the lot cleared. The Association shall have the Wight to assess any owner for such: work and such. charge shall: be an ERWTN, SIMPSON & STROUD Attoraeys, P.L.L.C. - T c._ _ece: (910) =-5-3566 8:5 Gurn Braac.. Rcac. Su.._ i 15. P. O. Box 7=05. Jac::son ride. `C 3s:-) 7 assessment against the owner and the lot and shall be subject to collection as any other regular assessment. Section 7. Exterior TA Z111s All light bulbs. or other lights installed in any fixture located on the exterior of any dwelling, Building or other structure located on any Lot shall be clear or white lights or bulbs. No mercury vapor or similar wide area lighting similar to street lights shall be allowed without prior Architectural Control Committee approval - Section 8. Sight Distance at Intersections-_ No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property. line with the edge of a driveway or alley pavement. No tree shall be- permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 9. Mailboxes- The Architectural Committee reserves the right to approve the style, design, color and location prior to any original installation or replacement. Application shall be made to the Architectural Committer prior to installation or replacement. By accepting a deed to any subject property, owner gives the Architectural Committee the right to remove any nonapproved mailbox in a reasonable manner; all costs for same shall be paid by owner, and all damages against the Architectural Committee are waived. Section 10. Signs: No sign, billboard, or other advertising of any land, including without limitation professionally prepared "for sale" and "for rent" signs, shall be placed or erected on any Lot, right of way or Common Area until after January 1, 2000. Thereafter, a professionally prepared "for sale" or -"for rent" sign not to exceed four (4) square feet in size may be placed on a Lot. Although approval by the Architectural Control Committee is not required prior to the display of such signs, the Architectural Control Committer may itself remove, have removed, or require the removal of any such sign which in its opinion would not othenvise be allowed under paragraph 6 of this Declaration. A valid easement shall exist Uu any Lot for such removal by the Architectural Control Committee or its agents. Provided. however, nothing shall prohibit or limit in any manner "construction" signs designating theloi site and builder which may be placed upon a Lot during the period of the construction of residential dwelling on the Lot but must be immediately removed upon final completion of suc: construction. Notwithstanding the above, any additions to the Project Property in th Development area may be further limited in regard to signs, billboards or advertising as set oL in any Supplemental Declaration. Nothing herein shall prohibit any sign erected by th± Declarant or its assigns. FRV, IN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 8 Section 11. Anl=n :-; To the extent such requiring an approval is not prohibited by applicable law, there shall be no exterior antennae of anv land for receiving and/or sendiy, g of TN.. radio or other signals located or installed on any Lot unless same have first bey approved by the Architectural Control Committee. Sectiol, 1-. Dry=*_yc;Pnr,in19: All driveways constructed on any Lot shall be a`'e.. with eith er concrete, stamped concrete, colored concrete in earthtor,e colors, pea g-ravei concrete. ouster shell concrete, or brick pavers. An Owner shall provide a minimum of two aye OII-_tre=t '+�—t'• a v l—) P Leaking spaces. excluding garage space(s) and shall provide at least one re - automobile or other vehicle owned and regularly used at the Lot. On street ParLng is prohibited except for temporary gatherings of less than one day's duration. Section 13. S ,' iviqi n do lot shall be subdivided if the result of each subdivision is separate ownership of Iess than a whole lot; provided, however, that the Declarart, its successors or assigns, reserves the right to make minor boundary line adjustments between lots so lo-ng as said adjusts eat does not exceed ten percent (101,%) of the total area of a given lot; and further provided that one lot may be combined with another tot or lots or a portion thereof to create a larger lot, in which case these Restrictive Covenants shall be construed to ac-ly to the larger lot so created. Section 14. V t_i sec Boats. ratege Travel T-^;lerz erc. No ver,ic.e without cu-e::t inspection sticll- r vehicle over 72=0 lbs. ernpty weisr_t. camper trailer. boat, personal water craft. motor hoses or bus shall be partied overnight on anv lot ex%capL Lrl an enclosed v_a_ge: provided. however, guests of are owtier niay so ' Such e:scle for period n t - p�r1 �c , v per-od of o seven (7) days each calendar vear. A pieasura boat or �ts boat. personal water p,..sonal wit,.. cr=--. or r otOr home —-ay be p • _-d and raw firewood bic,� motorcycles. r*, :-�t-r1�� •c.�s.,.or oche: ice_: s :-av be stored only on r' at part ofany lot away from the street lying behind the rear lire of the :Dose, except that �1acerr:'rit y "� er-� r -ri izn to an �� � S . .. ma � �e urt�atand Imo___ .. ,,.. �r,.l, a to ore orr—no re ie t.. -xi - Consiaer3t_On as to lot ,_,mensions and sic- b,: the Associa uon to a stora?e area wit Me subdivision wliiC his part ofthecommon area. N!0 aL'tonnobile, other •venicle(s), rnotorc-.cle;.5j or other iter-ns shall be repaired or placed "on blocks" or stands except in an enclose%'_ garage. Section 15, ;Tits Q- (a) All dwelling connections for all utilities shall be 'anderL-round. Tlae cost of any initial connection. if paid by the Declarant prior to sale to a third ca-rty, shall be cava--r ` by the purchaser at closi-ig. (b) Individual wells areallowedfor useonly for irrigaconoFtheIax:1 shrubs and other landscaping but shall not be connected to ar_v system of water Supply For hL=:an consumption and shall not constitute a part ofany individual water supply syste:-­tiVater For hurnan Consu_-nption shall be derived solely from the central water systern which s;-all be extended to each lot by the developer. 010593 ERWTN, SIMPSON & STROUD Attorneys, P.L.L.C.-Te!epphoac: (9 id) 3-,5-3566 3=5 Gum Sraach Road. SL:i._ 115, P. O. Box ":C-5. Jacksonville, \C :$:-a 9 Section 16. TIC: In order to maintain the rural, wooded character of the subdivisions: (a) Except as to development or construction by Declarant, or a§ may be approved by the Architectural Control Committee, no tree six (6") inches or greaterin diameter at any location on said tree or.ten feet (10') or greater in height shall be cut, removed or intentionally damaged on any Lot unless first approved by Architectural Control Committee. (b) Fallen trees, dead trees and live -trees less than six (6") inches in diameter may be removed from the lot at any time. (c) Trees may be removed from the area of construction_ as permitted by Architectural Control Committee. Section 17. Swimming ligols. I Outdoor swimming pools, hot tubs, jacuzzi, and other similar facilities may be located on a lot only after the Architectural Control Committee approval, and shall be screened and fenced. All such improvements shall'be subject to approval and compliance with all governmental laws and regulations. Section 18. Clotheslines- .Clotheslines shall be prohibited. Section 19. Fenc-- Minimum R=uirements- Architectural review requirements must be met prior to construction of any fence. No fences over 6 feet in height shall be constructed on any lot. No fence shall be erected between the rear line of any building and the street right of way. Any portion 'of any fence which can be viewed from the street right of way shall be of an ornamental nature. The term fence shall include but not be limited to, a wall, fence, landscaping, berm, or hedge which act as a fence' or privacy or security inducing structure. Fends should be compatible with the amhitectural style of the house and should be used primarily for screening and defining outdoor space. Fencing or landscape materials are required to screen HVAC equipment and trash receptacles. Perimeter fencing around then 're lot is not permitted. Fences should maintain a reasonable scale to the house and not block desirable views and vistas or negatively impact adjacent lots. Walls are not permitted. Split rails, chain link or welded wire fencing are not allowed. Section 20. Street Li ��n oreement3 The Declarant reserves the right to subject the 'g'- AP Pal property in this subdivision to a contract with an electric utility company for the installation of underground electric cables and/or the installation of street lighting, either o. both which may require aninitial payment and/or a continuing monthly payment to an electnc utility company by the owner of each dwelling. 4. MEMBERSHIP AND VOTING RIGHTS: ERwrN, sIMPSON &. STROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 825 Gunn Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 10 Section 1. Every Owner of a Lot shall be a member of the Association. Membe:shiD shall be appurtenant to and may not be separated from ownership of any Lot which is subiect to assessment. Section 2. The Association shall have two classes of voting membership: Class I: Class I members shall be all Owners with the exception'of the Declara:�t and small r,e entitled to one vote fer each Lot owned. When more than orie person holds an interest in any Lot, all such persons shall be members. i he vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class II: The Class II member(s) shall be the Declarant and shall be entitled to two (2) votes for each Lot owned. The Class II membership shall cease and be converted to Class I membership on the happening of either of the following events, whichever occurs earlier. (1) The sale of the 110th Lot by Declarant in the subdivision. (2) On that date which is sever: (7) years from the date of the record? -._-- of this document. 5. COVENANTS FOR MAINTENANCE ASSESSMENTS: Section 1. _Cy--,at'on of the Lien nr _ Percon,-i n'biigationc of Ass Assess—=nr: '—'.0 i. Decla_ant, for each Lot owned within the Properties, hereby covenants. and each Owner of an. Lot by acceptance of a deed, therefore, whether or not it shall be so expressed in such `eed.s dmmed covenant and agree to pa to the to co e _ Association: (1) annual assess-::ents or charges; (2) special assessments for capital snprovements, such assess: tints to be establish—' and collected as hereinafter provided; (3) to the appropriate govern -mental taxing authority, a pro rat-,'- share of ad :•alore— taxes levied against the Common Area if the Association shall default in the payment ther-2:c. for a period of six (6) months, all as hereinafter provided. The annual and special assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a Continuing lien upon the property against which each such assessment is made. Each suc" assessment, together with interest and costs, and reasonable attorneys' fees (as provided in ERWM, SIMPSON & STROUD Attorneys, P.L.L.C.-Te:ephotx: (910) 346-3566 825 Gu.:. Branca Road, Suite . IJz, P. O. Box 7206, 7acicsorvii1e. INC 23540 11 North Carolina General Statutes Section 6-21.2) incurred by the Association in collecting delinquent assessments shall also be the personal obligation of the person or entity who was the Owner at the time when the assessment became due. The personal obligation of an Owner for delinquent assessments shall not pass to his- successors or assigns in title. Section 2. PnIM3se of Assessments. The assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the residents in the Properties and for the improvements and maintenance of the Common iVea, and specifically any storm water control or disposal improvements. Section 3. A_nnliai Assessment: Theinitiai minimum annual assessmentshall be $240 per year per lot. Assessments shall commence May 1, 1998. So long as there exists Class 11 membership, the Declarant shall pay no dues or assessments but in lieu thereof the Declarant covenants and agrees to defray such deficit as may be required for maintenance up to the amount of the current operating budget. Thereafter, Declarant shall pay assessments in the amount of twenty-five percent (25%) ofthe normal assessment on lots owned by Declarant. Section 4. Collection of Ac esgments: (a) The first pro rata payment of the balance of the current year assessment shall be due and payable beginning on the day of closing. The Board of Directors shall fix the amount of the assessment against each lot at least thirty days in advance of the annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors of the Association and the Board of Directors shall have the authority to require the assessment to be paid in pro -rasa monthly installments, quarterly and semi-annually as well as annually. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment may be increased each year not more than fifteen percent (15%) above the maximum assessment for the previous year without a vote of the membership. (c) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above fifteen percent (15%) by a vote of two-thirds (2/3) of members of each class who are voting in person or by proxy, at a meeting duly called for this purpose. Except, however, increases attributable solely to the annexation of new areas, including new Common Areas, shall not be subject to this limitation. (d) If an additional property owner's association(s) is established on any property which is or may become subject to this Declaration by a supplemental declaration hereto, then, ERWIN, SIMPSON $ STROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 825 Gurn Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 12 notwithstanding anvtlhing contained therein to the contrary, all assessments made by and for any such association shall be paid to The Landing at Southport Community Services Association, Inc., for bookkeeping and record keeping purposes, and shall then be transferred as necessary to the appropriate association. The Landing at Southport Com:mur:ity Services Association< Inc. may charge a reasonable fee for its record keeping services and deduct same from assessments collected. Section :. Spec -al sees rerrc For Can;rgl Trr,nroy Tn addition to the gzr, iizi assessments authorized above, the Association may lei ,% in any assessor--t year, a su�;.iai assess.::ent apgIicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replace n:e_^.t of a capital il._prove:nen t uzon the Cor-irn.on Area. including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of the rne.*nbe s of each; class wh:o are voting in person or by proxy at a meeting duly called for this purpose. Se=ion 6. Norice are C) n,rri For ary LILT, authon -e under C��•;,,fie — - �r Written -notice of any meeting called for -the purpose-of'tacing any action authorized under Section ^ or 5 shall be sent to all me n:bers not less than. 30 days aor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of rr:embers or proxies entitled to cast fifty -ore percent (� 1' �) of all the votes o� eacl class of rnembersi-iv shall con_stiiuue a euon.irn. If the required quorum is not prese^t. another meeting shall be called subject to the sane notice reeui_re:nent, and c:ere shall be no required cuorurn. `o such: subsequent rneetinL shall be held more than sixty (60) cays following the a meetir:g. Section 1. RAT-, F(ir �iflr'_ �'�t�^^?nr c r PF;� �-- ^'� .=any assess ::en::vhiic s not paid wi-en due shall be de'.i_-i :cent. Th-- assess.I:ent sha11 'bear L-iter est fro�:::he due date rate. Clis' ed by the Boar. of Dire, -.ors oI-tre ASJoc:�.ticn. 0 � rd ' r 1i no etc .the Boa. _ tn. hiznest rate al?owed by law. together 'Nith such late_ ices as nay be set l; . the* Board. ' T'.:e Association may file a Lien oIrecord against arzy lot where r.—.�.Lr:s ar. ssessi-nent un ^ a:d For a pe:od of thiry (34) days or longer. Any such lie^ shall be filed in the office of the cle: oFsuperor cour of BrLLnswick County in a manner proviced therefor by article 8 of Chapt_r of the -North Caroli�-:a General Stat:tes. No Owner -relay :naive or-othe"W'se ac"LL^r�e liability �.vL. for the assessments provided for hereir_ by the non-use of the Co=., I on Area or abandon .en i of his d:velling unit or Lot. The Association Tay brina an action at law aeall-ist the Owner personally oollgated to pay any assess:::e:zts and interest. Costs and reasonable attorneys' fees For the prosecution of an•: suc:: action shall be added to the arnount ofsuch assessment. In the e e it of Such action at !.,,w and, in the i anther event that such action results in a judg—nent being entered against the (),.v er and in favor of the Association, then. and in that event. the Association s'rall collect or. such jud-*rienz. in such mar--ier and to the extent provided and Permitted by the laws oFthe State of North Carolina. ER`W-IN, SIMPSON & STROUD Attorneys, P.L.L.C. -Te!ep oee: (9 i0) 92-1 Gum B:_..z.. Road. Su:.._ 115. P. O. Box ;=05. !ac.<sonv"lle. NC=S:-•'l 13 The Association's lien may be foreclosed in like manner as a mortgage on real estate under power of sale under Chapter 45 of the North Carolina General Statutes. All fees, charges, late charges, fines, and interest are enforceable as assessnlents- In any foreclosure action brought under the power of sale provisions, the Association shall be deemed to be the holder and owner of the obligation secured by this Declaration. The Registered Agent of the Association shall be the Trustee for all purposes of the foreclosure proceeding and the Association shall have the power to appoint a substitute trustee if for any - reason the Association desires to replace the trustee, and the said substitute truster shaIl succeed to all rights, powers and duties thereof. The Association shall request of the trustee to sell the land subject to the lien at public action for cash, after having first given s-ach notice and advertising the time and place of such sale in such manner as may then be provided by law for mortgages and deeds of trust, and upon such and resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey to the purchaser in as full and ample manner as authorized by Chapter 45. The Trustee shall be authorized to retain an attorney to represent him in such proceedings. The proceeds of the sale shall, after the Trustee retains his commission, together with any additional attorney's fees incurred by the Trustee, be applied to the costs of the sale, including but not limited to costs of collection, taxes, assessment, costs of recording, service fees, and incidental expenditures, the amount due on any note secured by the property, and any advancements made by the Association in the protection of the security. Section 8. Effect OI "' faui 'n Pavwm nt of �,d ValoremTa es ^fA sse L lentc fnrPnblic Tmlrovement by Association- Upon default by the Association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied against the Common Area or assessments for public improvements to the Common Area, which default shall continue for a period of six (6) months, each owner of a Lot in the development shall become personally obligated to pay to the taxing orassessing governmental authority aportion of such unpaid taxes or assessments in an amount determined by dividing the total taxes and/or assess- ments due the governmental authority by the total number of Lots in the development_ If such sum is not paid by the Owner within thirty (30) days following receipt of notice of the amount due, then such sshall become a continuing lien subject to the lien of the governmental um authority levying said ad valorem taxes on the Lot of the there Owner, his heirs, devisees. personal representatives and assigns, and the taxing or assessing governmental authority ma, either bring an action at law or may elect to foreclose the lien against the Lot of the Owner Section 9. Subordination of the T,ien to Mort&&= The lien of the assessment provided for herein shall be subordinate to the lien of any mortgage. Sale or transfer of I Lot shall not affect the assessment lien- However, the sale or transfer of any Lot pursuant tc mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of suc assessment as to payments which become due prior to such sale or transfer. No sale or transf. ERwIlv, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 14 shall relieve such Lot from liability for any assessments thereafter becoming due or from, the lien thereof. Section 10. RiQrits of MorT®n(a) Notice of action: A holder or insurer --- of mortgage. upon written request to the Association (such request to state the Name and address of such holder or insurer and the description of secured properties) will be entitled to t-Zel,v writter, notice of I. Any condemnation or casualty loss that affects either a materirpo•, �.on of the project or the Lot securing its mortgage. ? Any sixty (60) day deli-lauency in the pay -anent of assessments or charges owed by the Owner of anv Lot upon which it holds -a mortgage. A lapse, cancellation, or material modification of any insurarlce policv-or fidelity bond maintained by the Association. �. Any proposed arrendrnent"to the project irst-aments effecting achin se in the boundar ies of any Lot, ownership of Common Elements, if any, the nu._.'er of votes in the Association pe: -L n aininz to any Lo t or av proposed change in the restrictions or_t' e proper -des. �: s r •1r Ci • s I MR Sec.i:on 1. SUBMISSION OF PLANS AIM SPECIFICATIONS: �xcect for original and inizi-1 constr=Llon i.n-rn and subsequent modification of irrovee^:Ls by Declarant on any Lot whc such constriction is ar,d si'Iall be e: em—L from : the provisions of this provision. no buli.^ing, wall, fe nCe, lariuscaping, ce.^ or hedge :yhic : aCLS as a fence or privacy mclucin-2 structure. pler, do I C. oma.*nentation. or or ier struc,,1,r or IIi1L'roVe:^.'._^_CS OI any nature shall be erec.ed, placed or altered on anv Lot Lail: 1) the construction. plans and specific :bons and a plan showing the location of the str'�cture and landscaril�lg have bee^ appro ved in waiting by the Architectural Control Coriuriit tee: and 2) tl:e owier of-sald Lo t shall have deposited or caused to be deposited with the Associa*.ion a deposit to defray the cost of repair of anv common facilities damaged by the proposed construction in the muiirnu:-n m—nount of S 1,000.00 for home construction: and a minim.= of S 250.00 for any other improvernents or such 1',izher amount as the Association may set. The dec­osil reculre ,lent shall not bewaivable. The Association Board of Directors rrav adopt from tirr.e to time Arc11it ctur-1 Guidelines for use by the Architectural Control Corr _;ttee and such guidelines shall be mandatory for use by the Architectural Control Co , uttee except as the Board of Direc.tc:s shall authorize upon appeal of the Committee decision. ERRT.L'q, SIMPSON &STROUD Attaracys, P.L.L.C.-TcEePhomc: (910):=5-:1506 3=5 C .... Bmaca Road. Suite 115. P. O. Box 7206. lacks a avid1c, tiC '_S:-O 1s; Each building, wall, fence or other structure or improvements of any nature, to8ether with any ornamentation or landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved. Anv chance in the appearance of any building, wall, fence or other structt:r� or improvements and any change in the appearance of the landscaping (excepting the plantLnz of flowers and shrubs indigenous to the area), shall be deemed an alteration requiring approva; Section 2. PROCEDURE: (a) The Architectural Control Committee shall efforts to cooperate with the Owner or agent in erecting a prompt and reasonable response to any submission. Within- fifteen (15) days after receipt of all required information, the Architectural Control Cormitee-- shall submit in writing to the Owner of the Lot a response stating whether or not the requested improvements are approved. Unless a response is given by the Architectural Control Committee within fifteen (15) days, the plan shall be de�n',ed approved. The Architectural Control Committee shall have the- power .to .promula`te reasonable rules and regulations - designed to carry out the provisions and intent of this paragraph. Any such rules and regulations shall be a-pproved by the Board of Directors prior to implementation. (b) Action of the architectural Control Co=.;ttee may be based upon anv reasonable around. including aesthetic arOlL*1dS. Requir.—mentS Of any Qover-L-%enLal aL'thoritV Si.all not be considered by the Committee. The response of the Architectural Control Cormittee must be: 1. An approval; or 2. An approval with conditions; or 1. An Orov4l wIL:`: conditions . information.: or - ,, . A de- -ai. tos_tner with a request for addition—', A denial is an extre-ne response and not to be made unless an approval with conditions can not be made. A denial prohibits or delays const: scLion of the proposed irnprove.n ents. A request for additional information shall be made only with a conditional approval and will not delay construction unless the information requested involves a matter whica will. need to be approved prior to construction. A request £or additional info =' ation shall not used by the Committee to enlarze the required response time. If an approval with conditions is Granted and thereafter construction begins, the construct: shall be deemed approved b% the owner of the lot of the conditions imposed. (c) The Architectural Control Committee may not deny the submission unless it ra's�s at least one of the following fLridinas: ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: (910) 3=6-3566 3=5 Gu:- Br_:ch Read. Sui:e I1:. P.O. Box "=06. Jacks at, vi fl, e. NC 2S5=0 16 (1) That the improvements sought to be constructed will have a negative economic impact on any other lot within the subdivision. " (2) That, a required specific buildings standard or other condition contained within the Restrictive Covenant documents have not been met. (3) That the improvements are architecturally incompatible with proposed or constricted improveme= on other lots within the subdivision. (4) That the natural features of the lot will be disturbed to an extent more than reasonably necessary to construct the proposed improvements. In addition to the above required finding, in order to deny a submission, the Architectural Control Committee must provide a specific and detailed response of wl4y an approval with conditions was not a reasonable. alternative to the denial - Section 3. EXCEPTIONS a The paint, coating, stain and other exterior finishing colors and roof shingles/exterior on all buildings may be maintained as that originally installed, without prior approval of the Architectural Control Committee, but prior approval by the Architectural Control Committee shall be necessary before any such exterior color is changed. Section 4. COMMTi'T'RF RMB .RSPITp: Until such time as the sale of the last numbered lot in the subject property is evidenced by the recordation of a deed therefore, all rights, privilege, powers and authority granted herein to the initial Architectural Control Committee, to whom the specific power to act hereunder is expressly conveyed, shall be exercised by the Declarant, its successors or assigns. The Declarant may assign its powers hereunder to an Architectural Control Committee, but so long as Class II membership shall exist, the Declarant shall appoint a majority of the Architectural Control Committee. Thereafter, all representatives shall beappointed by the Board of Directors of the Association. Except as set out above, the Architectural Control Committee shall be composed of three (3) Owners appointed by the Board and shall serve at the pleasure of the Board. Section 5. COMMITTEE PROCEMfRE-- A majority of the Architectural Contro Committee may take any action said Committee is empowered to take, may designate representative to act for the Architectural Control Committee, and, with approval of th' Association Board, may employ personnel and consultants to act for it. In the event of death disability or resignation of any member of the Architectural Control Committee, th Association Board shall designate a successor. The members of the Architectural Contrc Committee shall not be entitled to any compensation for services performed pursuant to th covenant. The Association may establish a fee to cover the expense of reviewing Plans ar related data at the time plans are submitted for review in order to compensate any consulti: architects, landscape architects, urban designers or attorneys. ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 82 Gam Branch Road. Suite 115, P. O. Box 7206, JacksonvMc, NC 28540 17 Section 6. APpFAT. OF C'Otifti rT'i-FF 4 TTN Anv Owner may appeal the decision of the Architectural Control Committee provided that all parties involved comply with the decision of the Architectural Control Committee until such time, if any, as the Board of Directors amends, or reverses the Architecfural Control Committee's decision. Appeal, petitions must be legibly written, state the grounds for appeal and be submitted to Le Board of Directors within thirty ('0) days of the decision of the Architect'u,ral Control Commmittee The Board of Directors shall act upon the appeal by amending, reversing or co nfu�lQ t�` decision of the Architectural Control Committee within twenty-five (25) days of receipt of the petition. The Board of Directors' decision shall be by majority vote. Any Ownermust exhaust this avenue of appeal prior to resorting to a court of law or equity for relief. Section i. N T y Owner shall be deeded to have made a submission on the date it is hand delivered or deposited postage -ore -paid in the US Mail, regstered or cerilied mail, rerun receipt requested, to the address shown on Exhibit A. Ar_v change in adds-.ss srlall be evidenced by a No lice in a form substantially similar to Exhibit A• which shall contain it,, minimum the information shown thereon and which shall be filed with the Resister of Deeds -in the county in which the property in located. The Association shall at all times provide a place in the county in which the property is located at which the submission may be hand delivered. Said Notice shall be indexed in the•na-Tile of the :association. 7. EASEMENTS: Eases ents for iinstclatlon and ma-;ntenance of utilities and dra._LnaQe fac-''U.es are reserved as s :own on the recorded plat and over th erearten (10) feet Of eaC;l lot. WIt^in these eaSe^_ents, no st. acture. ClantLnz or other rnat erials shall be placed or -permitted to re which may datmage orirate-:ere with the installation 3rld L�:ai_ntenance of utilities, or wr"Ic;_ 111G: . hfI w of wit.�r. t:-��� _Qr.r�,obstructoremag_ cz:arr_els sin the easements. Theaase-ent, area of each lot and all i r urove:.Lents In It shall be niaintLaled cosign ►ousiv by the Owner of the lot. C.-cc-apt for those i proveme rats for WrU"CI^L a public authoi_t,% or utility_ compa„i 1S responsible. The Declarant reserY•es for itself, its successors or assigns, excl�zive ease_r -... and right at anv time in the future to grant a right of way under, over and along ten (10) feet off the side. rear and front property lines of e.ach and every lot in the subdivision described herein. for the installation. and maintenance of poles. lines. conduits, pipes and otheir -quipment neczssar to or useful for furnishing electric power, gas, telephone service, drainage or other utilit_es including water and server se�ices grid cable TV and other teleco=unicatiors se, V ices. For a period of two (2) years from the date of conveyance of the first Lot in a Parcel. the Declarant reserves a blanket easement and right of way on, over and under the grourd within a Parcel to maintain and correct drainage of surface water in order to maintain reasonable standards ofhealth, safety and appearance. Such right expressly includes the r;ght ERwTN, SIMPSON & STROUD Attar cys, P.L.L.C.-Trlepaoce: (910) 3;6-3566 825 Guru Branch Roca. Suit.. 115. P. O. Bcx i 06, Jacksorville. NC 235=0 is to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary. Following such action the Declarant shall restore the affected property to its original condition as near as practical. The Declarant shall give reasonable notice of its intent to take such action to. all affected Owners, unless in the opinion of the Declarant an emergency exists which precludes such notice. At the expiration of such two (2) year period, said easement to correct drainage shall automatically be held by the Asso- ciation. 7.1 OWNER'S EASEN[ENT OF ENJOYMMNT: Section 1. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to limit the number of guests of members; (c) the right of the Association to. suspend the voting right and to use the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (d) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such pr _ - oses subject to such conditions as may be agreed to by the members. No such dedication or, uansfer shall be effective unless an instrument signed by fifty-one percent (51%) of each class of members agreeing to such dedication or transfer has been recorded. , (e) the right of individual Owners to the exclusive use of parking spaces as may be provided in other documents. - (f) the right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use o. the Common Area. Section 2. Any Owner may delegate, in accordance with the By -Laws, his right enjoyment to the Common Area and facilities to the members of his family, his tenants, contract purchasers who reside on the property. 8. GENERAL PROVISIONS: ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 19 I'nese covenants are to run with the land and shall be bin Parties and all persons cl wing � �= °n all F F a� under them for a period of twenty (20) years from the date these covenants are recorded, afterwhich time such covenants shall be automatically extended for successive periods of ten (10) years. - Section 2. Fnror t-n ., : L--,. the event of a violation or breach of anv of these restrictions, covenants, agreements and conditions_ by any person or concern ci Q t?�.rough or under the Mulder signed, or by virtue of any judicial proceedings ', azm�.n� by the .ssoc.ati0n, its successors and assigns and the owners of the nunber lots in the subdivision, or anv of them. jointly or severally, shall behave the right to proceed at law or in equity to compel compiiaLce with the terms thereof or to pre,,ent the violation or breach of any of them. Costs and reasonable attorney fps shall be recoverable by the Association as part of any judg_-rent or order to enforce these Restrictive Covenants. -The failure to enforce anv tight, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior br subsequent thereto and shall not bar or affect its enforcement.- ENFCINiT 0020294 Section 3. Remiedi�� F-(Ten ef� t0 tl+e Stit� oh ('arnlinn- TO ensure that this subdivision is maintained consistent with the laws of the State of North Carolina, the State.ef North Carolina is specifically empowered to take such acts necessary by and through its officers to eriorce any of these covenants against an Owner or the AssociatoonnoNrh Carolina is specifically Trade a beriericiary oFthese covenants. _ Section 4 �uica*ion or R��-;S- lle C'�wo*+nr-G Except c - �,�-, e p • ;a� o t;:�. ,,ls,, �roviden i.11 this Declaration, these restrictions are subjec: to beans altered, modified, canceled or changed at a_^.y LL-ne 3S t0 said subdivision as Ole Or as to any subdivided lot or part thereof without the consent of r person or � t -- ar_y other r ;arty duzin_ the ;.�st twen.Y (20) vear period by wr�tte: docu.:..ent executed by the Declarant or,ris successors intitle and by the Owners or not less than, ninety percent (00".',J) or r :ere of thL suodivide lots. grad recorded T "� ��%% ec In the °like of the Rda- std: of Deeds of the County u: which this Declaration is recorded. After the ex-mratlon of the ::LA al twent-v (20) year period. these restric.ions are subject to being altered, modified; canceled or changed at any tirne as to said subdivision as a whole of as to any subdivided lot or part thereof by written document executed by not less than seventy-five percent (7_5 ;'u) of the Lot Owners. and recorded in the office of the Register of Deeds of the County in which this Declaration is recorded. SeCt.On 5. dg r • No judicial or aci—ministraticn proceedLmz S1'iali beCOIti^enCed Or prosecuted by the Association ur?ess approved by a vote of severity -five (7p/0) percent ofeach- of the Classes of members and a majority of the Board of Directors. This Section, shall not apply, however to (a) actions brought by the Association t0 enforce the provisions of this Declaration (including, without Ennitation, the foreclosure of liens), (b) the in, positior, and collection of personal assessments, (c) proceedings involvilZg challenges toad valorem taxation, ERW?N, SIMPSON & STROUD Attorneys, P.L.L.C. - Te:echoee: (9 10) :=5-3, 66 82S G= 8:anc- Road. Suite 11,5, P. O. Box 7=06, lac:csoaVille. NC 3S?=7 20 or (d) counterclaims brought by the Association in proceedings instituted a'ga lru 1L i nis Section shall not be amended unless such amendment is approved by the Declarant or is approved by the percentage votes and pursuant to the'same procedures necessary to institute proceedings as provided above. Section 6. Severability- Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect_ Section7. Variances- TheAssociation may allow reasonable variances and adjustments of the restrictions set forth in this Declaration in order to overcome practical difficulties and prevent unnecessary hardships in the application of the provisions contained herein; provided, however, that any such variance granted must be done in conformity with the intent and purposes of the general development scheme and provided also that in every instance such variance or adjustment shall not materially be detrimental or injurious to other property or improvements within the Properties. ERVgN, SIMPSON & sTROUD Attorneys, P.L.L.C. - Telephone: (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 21 02/20iiSS4 00:31 9103465883 FRANK W ERWIN a 1226 PG0722 INWMMS MMREOF, the parties hereto have hereunto set their hands and seals or if corpora* have caused this instrument to be signed in its corporate name by its duly authorized ofimm and its seal to be hereunto affixed by authority of its Board of Directors, this the day tmd year first above written. LA :a a 'vu, Blueg mm Carolina Land, Inc, AN V. PRESIDENT {CO ORATE SEAL) NORTH CAR nvA COUNTY OF I, a Notary Public of the County State aforesaid, certify than Personally came before me this day acknowledged that he/sh c is Q5!L Secretary of Bluepam Curolina Land, Inc., a Delaware Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, scaled with its corporate seal and attested by him&er as itsasIsecretary. Witness my hand and ofridal stamp or seal, this Qdday of Mmi t ooP -AmahQUL--)� My commission expires- Notary PublicLoci, G . mbu,4e-n 0!! - 4..q- f V )TAIL t Puy ue r U •pie__ C+ SrATB OF NORTH CAROLD" --------- COUNTY OF BRE11lISWICK The Foregoing (or annexed) Certificates) of LO V-0- Notary(les) Public is (aft) Certified to be Corr=. This Instrument was filed for Registration on this Day of `,Lne. ,1998, in the Sook and Page shown om the Punt Page hereof, EXHIBIT A -- Index in the Grantor Index: The Landing at Southport Subdivision Bluegreen* Carolina Land, Inc_ The Landing at Southport Community Services Association, Inc. ARCHITECTURAL CONTROL COMM =E NOTICE Notice is hereby given that all submissions to the Architectural Control Committee required under the Declaration of Restrictive Covenants of The Landing at Southport shall be submitted as follows: ADDRESS TO WHICH SUBMISSIONS TO THE ARCHITECTURAL CONTROL COMMITTEE MAY BE MAILED (registered or certified, return receipt only): The Landing at Southport Community Services Association, Inc. Attu: Architectural Control Committee c/o Bluegreen Carolina. Land, Inc. P.O. Box 6055 Wilmington, NC 28403 ADDRESS TO WHICH SUBMISSIONS TO THE ARCHITECTURAL CONTROL COMMITTEE MAY BE HAND DELIVERED: The Landing at Southport Community Services Association, Inc. Attn: Architectural Control Committee c/o Bluegreen Carolina. Land, Inc. P.O. Box 6055 Wilmington, NC 28403 SUBMISSIONS SHALL MADE TO THE ADDRESSES ABOVE UNLESS A SUBSEQUENT NOTICE IS FrLED WITH THE REGISTER OF DEEDS PROVIDUiG A DIFFERENT ADDRESS. ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: (910) 346-3566 M Gum Branch Road, Suite 115. P. O. Box 7206, Jacksonville, NC 28540 23 EXHIBrr B (DEVELOPMENT AREA) Being all of that certain tract or parcel of land containing 83.03 acres, Iying and being situate in or near the City of Southport, SmithvilIe Township, ' Brunswick County, North Carolina, as described I in that plat recorded in M' ap Cabinet 18, Page 531, Brunswick County Register of Deeds. i i ERWTN, SIMPSON 8t STROUD Attorneys, P.L.L.C.-Tefegaoac: (910) 3 L6-3566 825 G= Bmach Road. Suite 115. P. O. Box 7206, 7acksonville. INC 28540 24 3X1225PG0725 -- EXHIBIT B-1 (PROJECT AREA) Being all of those numbered lots as shown on that certain plat entitled "The Landing Phase One" recorded in Map Cabinet 19, Page 520, Brunswick County Register of Deeds, said lots lying and being situate in or near the City of Southport, Smithville Township, Brunswick County, North Carolina. "M0VW0udfam.re(011594) dient\b1ue8ntt:mPh2se frm - djcnt►blu@Vt h admp to 111797 my 121797 reAud 010798 fvm mr 011298 m► 011398 fvm m► 030198 rev 030598 rev052®8 ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. -Telephone: (910) 346-3566 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 25 OCT-28-1999 09:33 FROM: 910-793-1282 TO:7557025 P.002Z004 Prepared by: FRANK W. ERWIN ERWIN, SIMPSON & STROUD, ATTORNEYS, P.L.L.C. P. O. Box 7206 Jacksonville, NC 28540 Index in the Grantor Index: The Landing at Southport Subdivision Amendment Bluegreen Carolina Laad, Inc. The Landing at Southport Community Services Association, Inc_ NORTH CAROLINA DECLARATION OF COVENANTS, BRUNSWICK COUNTY CONDITIONS AND RESTRICTIONS THE LANDING AT SOUTHPORT (multi phase) (Modification Only) This Declaration of Amended Restrictive and Protective Covenants, made this the 15th day of September 1998, by Bluegreen Carolina Land, Inc_, The Landing at Southport Community Services Association, Inc. and ALL OF THOSE PARTIES WHOSE NAMES APPEAR BELOW, hereinafter called "DECLARAl TS;" Whereas, the Declarants are the owners of ninety percent (90%) ormore of the property known as The Landing at Southport and described in Paragraph One (1) of this Declaration, which lots are subject to the Restrictive Covenants and Amended Restrictive Covenants recorded is the Brunswick County Registry of Deeds as follows: And Whereas, the Declarants wish to modify the aforesaid Restrictive Covenants according to Paragraph 8, Section 4 (Modification) of that Declaration as recorded in Book 1226, page 0701, Brunswick County Registry; And Whereas, the Declarants will hereafter convey the property described in all of the aforesaid Declarations and Amendments thereto and as described in paragraph one (1) herein subject to all of the conditions, restrictions, reservations, liens and chatges set forth in the Declarations and Amendments thereto, all of which are incorporated herein by reference as if fully set forth; OCT-28-1999 09:33 FROM: 910-793-1282 T0:7557025 P.003/004 And Whereas, the Declarants do wish to modify tbLe aforesaid Declaration and Amendments thereto as set forth below; NOW TBEREFORE, the Declarants do hereby modify the aforesaid Declarations and Arnendnients thereto and hereby declare that the real property in and referred to in the aforesaid Declarations and Amendments thereto (all as referred to above) and as described in paragraph one (1) herein, shall be held, transferred, sold and conveyed subject to the protective covenants set forth above and amended as follows: M;rz6-r6T-TGWz.. Being all of those numbered lots as shown on that certain plat entitled -The Landing Phase One and Phase Two, as recorded in Map Book 19, Page 520 thru 522, and Map Book 20, Page 185 and 186, Brunswick County Register of Deeds, said lots Iying and being situate in or near the City of Southport, Smithville Township, Brunswick County, North Carolina. 2. MndifiraljoixL Paragraph 3. General Instructions, Section 3.4 shall be deleted in its entirety and the following shall be substituted in lieu thereof: 3. GENERAL RESTRICTION'S: Section 3.4 Pnr h q; Each dwelling shall include, as a part of the front elevation attached at the roof line, an attached and roofed (non screened) porch which should be compatible with the setting wy and reflective of Lowy -country traditions. The front porch shall occupy a minimum of 50% of street front elevation at the first floor and shall be a minimum depth of 8 feet. No porch which shall adjoin the front or side of any dwelling shall be screened but an attached roofed rear or back porch may, subject to Architectural Committee approval, be screened. 3• Xa'fr ,ti '1' iXcel t as hereby amended, all and every term and condition of the aforesaid Restrictive Covenants recorded in Book 1226, Page 0701, and Book 1248, Page 839, Brunswick County Registry, are hereby ratified and aflnzned-. OCT-28-1999 09:33 FROM: 910-793-1282 TO:7557025 P.004Z004 1 .. YNWITNESS'4 HEREOP, the parties hereto have hereunto set theirhands andseals, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto afi'lzed by authority of its Board of Directors, this the day and year first above written_ Bluegm= Carolina Land, Inc - By: - PRESIDENT (CORPORATE SEAL) ATTEST: K2, Secretary NORTH CAROLJNA COUNTY OF Aku I. a Notary Public of the County State aforesaid,. certify that personally came before me this day acknowledged that ha�she is ' *^• Secretary of Bl=gre= Carolina Land, Inc_, a ]Delaware Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its _ President, sealed with its corporate seal and attested by him/her as its J Secretary.,,.,,o Witness my hand and ofrcial stamp Notary Public My commission SIGNATURE PAGE ' ,, TO AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS DATED SEPTEMBER 11, 1998 THE LANDrNG AT SO-OTHPORT W= IF MARRIED, BOTH SPOUSES MUST SIGN; IF JOINTLY OWNED, ALL OWNERS AND SPOUSES MUST SIGN; INCLUDE LOT # PRIOR TO SIGNATURES.) (HAVE NOTARY COMPLETE FORM, SIGN AND AFFIX SEAL) LOT # (SEAL) (SEAL) (SEAL) (SEAL) STATE OF COUNTY OF I, a Notary Public of the County and State aforesaid, certify that and Husband and wife, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _ day of • 1992. Notary Public My commission expires: STATE OF COUNTY OF I. a Notary Public of the County and State aforesaid, certify that and , Husband and wife, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this —day of , 1992. Notary Public My commission expires: ACVM0LINE.MUUW1797)PIP] TEMPMUTM810 032394 Al F.IDATAMBURMALANDINGMG.KC 092991 R10231 SIGNATURE PAGE TO AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS DATED SEPTEMBER 11, 1998 THE LANDING A71 SOUTHPORT (NOTE: IF MARRIED, BOTH SPOUSES MUST SIGN; IFJOINTLY OWNED, ALL OWNERS AND SPOUSES MUST SIGN; INCLUDE LOT # PRIOR TO SIGNATURES.) (HAVE NOTARY COMPLETE FORM, SIGN AND AFFIX SEAL) LOT # (SEAL) (SEAL) (SEAL) (SEAL) STATE OF _ COUNTY OF I. a Notary Public of the County and State aforesaid, certify that and , Husband and wife, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _ day of 1992. Notary Public My commission expires: STATE OF COUNTY OF I, a Notary Public of the County and State aforesaid, certify that and Husband and wife, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _ day of , 1992. Notary Public My commission expires: AC 61GLIM MUL(06IMP1P3 TEMPMU M31G 032394 Al F.iDATAI E1TEMMANDiNG91GAC 0928" R10231 02/09/2000 09:46 9103465883 FRANK W ERWIN PAGE 02 Prepared by: FRANK W. EMN ERWW, MRSON & STROUD, ATTORNEYS, P.L.L.C. P. O_ Box 7206 Jacksonville, NC 28540 Index in the Granter Mot: The Landing at Southport Subdivision- Amendment Iffiue®reee Caren" Land, Inc. Bluegreas Csrelhu Lands, LLC The Landing at Southport Community Services Association, Inc. NORTH CAROLINA BRL7NSWICK COUNTY DECLARATION OF COVENANTS, COMMONS AND RESTRICTIONS THE LANDING AT SOUTE"RT (multi per) (Modification Only) This Declaration of Amended' Restrictive send Protective Covenants, made this the day of February, 2000, by BLUEGREEN CAROLINA LANDS, LLC, successor by merger to Blucgran CarolinaLand, Inc., TheLanding at Southport Community Services Association, Inc., hereinafter called "DECLARANTS;' Whereas, the Declarants have heretofore recorded Restrictive Covenants and Amended Restrictive Covenants in Book 1226, Page 0701, and Book 1249, Paige 939, Book 1267, Page 1236, Book 1293, Page 532, and Book 1301, Page 1203, BrwwNick County Registry; And W krm, the Declarants wish to modify the aforesaid Restrictive Covenants; And Whereas, the Declarants well hereafter convey the property described in all of the aforesaid Declarations and Amendments thereto and fia described is paragraph one (a) herein subject to ail of the conditions, restrictions, reservations, liens and charges set forth m the Declarations and Amend is thereto, all of which are incorporated herein by reference as if My set forth; And Mlweas, the Declarants do wish to modify the aforesaid Declaration and Amendments thereto as set forth below, NOW TSEREFORE, the Declarants do hereby modify the aforesaid Declarations and Amendments thereto and hereby declare that the real property in and referred to in the aforesaid Declarations and Ameadmeals thereto (all as referred to above) and as described ua paragraph one (1) has; o, stead be held, trued, cold and conveyed subject to the protective coven ms set forth above and unanded sa; foUaws: 02/09/2000 09:46 9103465883 FRANK W ERWIN PAGE 03 i[►I _(II lice-,:.«1.1I ,, Being all of those numbered lots as shown on that certain plat entitled "The Landing Phase One as teconledi in Map Book 19, Paige 520; Phase Two as recorded in Map Book 19 Pages 521 and 522 and Map Book 20 Pages 185 and 186; Phase AB as recorded in Map Book 20 Page 273 and Phase Three as recorded in Map Book 21 Pages 16 thru 18, Brunswick County Register of Deeds, said lots lyixig and being situate in or near the City of Southport, Smithville Township, Brunswick County, North Carolina. 2. Modification: Paragraph 3. General Restrictions, Section 1.1 shall be deleted in its entirety and the Sollowing shall be substituted in lieu thereof Section i.1... �,$gnQ$ The allowable per square foot built -upon area per lot is as listed hereafter, inclusive of that portion of the right of way between the front lot line and the edge ofthe pavement, structures, pavement. walkways of brick, stone, slate, but not including wood decking. These covenants pertaining to stoxmwater regulations may riot be changed or deleted without concurrence ofthe Department ofEnvironment and Natural Resources. Filling or piping of any vegetative conveyances (ditches, swales or similar improvements) associated with the development except for average driveway crossings, is strictly prohibited. Lots with CAMA's Area of Environmental Concern may have the pe[mded built upon area reduced due to CAMA jurisdiction with the Area of Envvonmerttal Concern. 3. RW ication: Except as hereby amended, all and every term and condition of the aforesaid Restrictive Covenants recorded in Book 1226, Page 0701, and Book 1248, Page 839, Boole 1267, Page 1236, Book 1293, Page 532, and Book 1301, Page 1203, Brunswick County Registry, are hereby ratified and armed. IN WTMS.S WEBEMF, the parties hereto have hereunto set their hands and seals, or if corporate, have caused this instrument to be signed in its corporate Rome by its duly authorized officers and its seal to be ham" affixed by authority of its Board of Directors, this the day and year first above written. BL EGREEN CAROLWA LANDS, kr •LC By: PRBSMENT 02/09/2000 09:46 9103465883 FRANK W ERWIN PAGE 04 STATE OF COUNTY OF L a Notary Public of the County State aforesaid, certify Owt: personally came before me this day acknowledged that he is the President, the officer/agent mAorized to execute puramm to NCGS 57C-3-24 of Bluegreen Carolina Lands, LLC, a Delaware Limited Liability Company, and that by authority duly given and as the act of the Limited Liability Company, the foregoing instrument was signed in its Warne by its manager/agent/officer. Witness my hand and official stamp or seal, this day of Notary Pub& My commission expires: G:idatalcliW4\bluegr\WuHng\sm staiwtr 010200 02/09/2000 09:46 9103465883 FRANK W ERWIN PAGE 02 Prepared by: FRANK W. ERWIN OMM, SMRSON & STROUD, ATTORNEYS, P.L.L_C. P. O. Bohr 7206 JackKmvM% NC 28 Index in the Granter Twins: The Landing at Southport Subdivision- Amendment Biugpvm Carolina Lind, Inc. BlaeWM CaroUm Lands, LLC The Landing at Southport Community Services Anociation, Inc. NORTH CAROLINA BRUNSWICK COUNTY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE LANDING AT SOUTE PORT (multi per) (Modification Only) This Declaration of Aiaended' Restrictive and Protective Covenants, made this the day of February, 2000, by BLUEGREEN CAROLINA LANDS, LLC, successor by merger to Blugpm CarolinaLand, Inc., TheLanding at Southport Community Services Association, Inc., h reinafta called'VECLARANTS;° Wbere- , the Declarants have heretofore recorded Restrictive Covenants and Amended Restrictive Covets is Book 1226, Page 0701, and Book 1249, Page 939, Book 1267, Page 1236, Book 1293, Page 532, and Book 1301, Page 1203, Brunswick County Registry; And Whereas, the Declarants wish to modify the aforesaid Restrictive Covenants; And Whereas, the Declarants will hereafter convey the property described in all of the aforesaid Declarations and Amendm,onts thereto and as described in paragraph one (1) herein subject to all of the conditions, restrictions, reservation, liens and charges set forth in the Declarations and Ants thereto, aU of which are 'incorporated herein by reference as if fitly set forth; And Wherow, the Declarants do wish to nwdify+ the aforesaid Declaration and Amendments thesato as set forth below; NOW THEREFORE, the Declarants do hereby modify the aforesaid Declarations and Amendments thereto and hereby declare that the real property in and referred to in the aforesaid Declarations and Amendments thereto (all as referred to above) and as described in paragraph one (1) herein, shall be held, transfeared, sold and conveyed subject to the protective covenants set forth above and amended as fctlows: 02/09/2000 09:46 9103465883 FRANK W ERWIN PAGE. 03 Being all of those numbered lots as shown on that certain plat entitled "The Landing Phase One as recanted in Map Book 19, Page 520; Phase Two a,% recorded in Map Book 19 Pages 521 and 522 and Map Boole 20 Pages 185 and 186; Phase 11B as recorded in Map Book 20 Page 273 and Phase Three as recorded in Map Book 21 Pages 16 thru 18; Brunswick County Register of Deeds, said lots lying and being situate in or near the City of Southport, SmidwMe Township, Brunswick County, North Carolina. 2. Modification: Paragraph 3. Gomm! Restrictions, Section 1.1 shall be deleted in its entirety and the Ab1kmdng shall be substituted in lieu thereof Section 1. L. , Runoff, The allowable per square foot built -upon area per lot is as listed hereafter, inclusive of that portion of the right of way between the front lot line and the edge ofthe pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking. These covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Department of Environment and Natural Resources. Filling or piping of any vegetative conveyances (ditches, swales or similar improvements) associated with the dwelopntent except for average driveway crossings, is strictly prohibited. Lots with CAMA's Area ofknvironnmental Concerto may have the pamttted built upon area reduced due to CAMA jurisdiction with the Area of Emimmrental Concern. Ir"1 3. &fiAMgjgL Except as hereby amaided, all and every term and condition of the aforesaid Restsicdve Covenants recorded in Book 1226, Page 0701, and Book 1248, Page 839, Boob 1267, Page 1236, `Book 1293; Page 532, and Book 1301, Page 1203, Brunswick County RcgistM are hereby ratified and affirmed. IN VAMSS WHEREOF, the parties hereto have hereunto set their hands and seals, or If corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board ofDirectors, this the day and year first ahom-e written. BLIIEGREEN CAROLINA LANDS, LLC By: PRESIDENT 02/09/2000 09:46 9103465883 FRANK W ERWIN PAGE 04 STATE OF COUNTY OF I. a Notary Public ofthe County State aforesaid, cat4 that personally came before me this day wJaww1edged that he is the President, the offim/agent authorized to execute pursuant to NCOS 57C-3-24 ofBluegreen Carolina Lands, LLC, a Delaware Limited Liabffity Company, and that by authority duly given and as the act of the Limited Liability Company, the foregoing instrument was signed in its name by its manager/agent/officer. Witness my land and official stamp or sod, this day of Notary public My commission expires: G-WMklientlbluegMan i W\am s mw 0�4200 Compliance Inspection Report Permit: SW8971226 Effective: 04/30/98 Expiration: Owner: The Landing at Southport Csa Inc Project: The Landing At Southport County: Brunswick PO Box 10531 Region: Wilmington Southport NC 28461 Contact Person: Harley Lemons Title: President Phone: 910-457-0067 Directions to Project: Enter Southport on Howe Street (Route 211) - Turn left onto E. Moore Street. Continue on E. Moore Street until entrance to site on right side. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17) ( SC) On -Site Representative(s): Related Permits: Inspection Date: 06/14/2010 Entry Time: 12:00 PM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: :3 Compliant ❑ Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Exit Time: 12:30 PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8971226 Owner - Project: The Landing at Southport Csa Inc Inspection Date: 06114/2010 Inspection Type: Compliance Evaluation Reason for Visit: Other Inspection Summary: The Operations and Maintenance performed on this stormwater system meets the minimum requirment for this office. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ■ fl ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ 0 C upon request? Comment: Page: 2