Loading...
HomeMy WebLinkAboutSW8000517_HISTORICAL FILE_20090720STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW l-7 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS PT HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 r FILE ACCESS RECORD DEQ SECTION _�Lrr'I�I S, REVIEW TIME / DATE NAME C N L EMAIL C-r' P _ �° CA BS nm REPRESENTING CA rnS _ PHONE _9 In 2-3 13S� Guidelines for Access The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations Please read carefully the following guidelines signing the form Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files Appointments will be scheduled between 9.00am and 3 OOpm Viewing time ends at 4 45pm An- yone arriving without an appointment ma view the files to the extent that time and staff supervision is available 2 You must specify files you want to review by facility name The number of files that you may review at one time will be limited to five You may make copies of a file when the copier is not in use by the staff and if time permits Cost per copy is $ 05 cents Payment may be made by check money order, or cash at the reception desk 4 FILES MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from the office To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500 00 No briefcases large totes etc are permitted in the file review area 5. Necessary large plan copies can be scheduled with Cameron Weaver@ncdenr gov_ 919-796-7475 for a later date/time at an offsite location at your expense Large plan copies needed should be attached on top of the file Allways Graphics can be contacted to set up payment options Written Questions may be left with this completed form and a staff member will be in contact with you IF you provide your contact information where indicated above. 6 In accordance with General Statue 25-3-512, a $25 00 processing fee will be charged and collected for checks on which payment has been refused FACILITY NAME COUNTY 1 .S tip Y d CX_-)S 09 �5 W $ � [c n b l� _�,.b 2 01. 3 (3D0 �3a s 971bd3!j AAA' ffi�PO Signature and Name of Firm/Business Date Time In Time Out COPIES MADE PAID INVOICE G /ADM/Shared/File Review Access Form_. rev 2018 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATEITIME I Q ' � 2 L I NAME"`�t JREPRESENTING Guidel►nes for Access The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations Please read carefully the following before signing the form 1 Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated Appointments are scheduled between 9 00 a m and 3 00 p m Viewing time ends at 4 45 Lim Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available 2 You must specify files you want to review by facility name or incident number, as appropnate The number of files that you may review at appointment will be_limited _t_o five 3 You may make copies of a file when the copier is not in use by the staff and if time permits There is no charge for 25 or less conies , cost per copy after the initial 25 is 2 5 per copy_ Payment is to be made by check, money order, or cash in the administrative offices 4 Files must be kept in the order you received them Fries may not be taken from the office No briefcases, large totes, etc are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500 00 5 In accordance with GS 25-3-512, a $25 00 processing fee will be charged and collected for checks on which payment has been refused 6 The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files FACILITY NAME 1 ry))n5� vf;l(s 5,.0 � 0 D u S 17 Y6((:D903 3 4 5 SignaturelName of rirm or Business Date (Please attach business card to form if available) # Copes Amt Pd COUNTY �_DN' S !D .30 11 'o s Time In Time Out State Stormwater Management Systems Permit No SW8 000517 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Sterling Osborne & Marsh Oaks at Brynn Marr, C S A Marsh Oaks, Section 1 at Brynn Marr Onslow County FOR THE operation and maintenance of 2 wet detention ponds in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until August 10, 2010 and shall be subject to the following specified conditions and limitations I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet Pond 1 of the stormwater control has been designed to handle the runoff from 59,194 ft2 of impervious area Pond 2 has been designed to handle the runoff from 34,511 ft2 of impervious area 3 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 4 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans 2 State Stormwater Management Sys;ems Permit No SW8 000517 - Project Name Permit Number Location Applicant Mailing Address DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Marsh Oaks, Section I at Brynn Marr SW8 000517 Application Date Name of Receiving Stream/index # Classification of Water Body Pond Number Pond Depth, feet TSS removal rate Permanent Pool Elevation, FMSL Drainage Area, acres Total Impervious Surfaces, ft2 Offsite Area entering Pond, ftz Required Surface Area, ftz Provided Surface Area, ft2 Required Storage Volume, ft3 Provided Storage Volume, ft3 Temporary Storage Elevation, FMSL Controlling Orifice Onslow County Mr Sterling Osborne, President Marsh Oaks at Brynn Marr, C S A PO Box 12542 Jacksonville, NC 28541 July 14, 2000 Northeast Creek 1 (WHO 19-16-0 5) "SC NSW" 1 2 4 4 90% 90% 6 6 291 227 59,194 34,511 None, per Engineer 5,116 3,058 6,509 4,425 10,563 8,255 11,205 10,932 75 8 1 5" cp pipe 1"cp pipe 3 State Stormwater Management Systems Permit No SW8 000517 II SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and revegetation of side slopes 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 4 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date, activity, name of person performing the work and what actions were taken 5 Decorative spray fountains will not be allowed in the stormwater treatment system 6 The facilities shall be constructed as shown on the approved plans This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 7 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification 8 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility n State Stormwater Management Systems Permit No SW8 000517 9 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 of the project area The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 10 The Director may determine that other revisions to the project should require a modification to the permit 11 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction 12 Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property 13 The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area 14 The runoff from all built -upon area on the project must be directed into the permitted stormwater control system 15 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall 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 16 The permittee shall notify the Division of any mailing address changes within 30 days III GENERAL CONDITIONS This permit is not transferable In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as maybe appropriate 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 3 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction 5 State Stormwater Management Systems Permit No SW8 000517 4 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 5 The permittee grants DENR Staff permission to enterthe propertyforthe purpose of inspecting all components of the permitted stormwater management facility 6 The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition 7 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual Permit issued this the 20th day of July, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW$ 000517 0 State Stormwater Management Systems Permit No SW8 010803 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Hunter Development Corporation Marsh Oaks, Section 11 @Brynn Marr Onslow County FOR THE construction, operation and maintenance of four (4) wet detention ponds in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules) and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until June 26, 2013, 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 Protect Data Sh?et Ponds21, 2, 3 and 4 haye been designed to handle the runoff from 71,973 ft ft , respectively, of impervious area 3 Approved plans and specifications for this protect are incorporated by reference and are enforceable parts of the permit 4 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans 5 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the protect will be recorded showing all such required easements, in accordance with the approved plans 6 The runoff from all built -upon area within the permitted drainage area of this protect must be directed into the permitted stormwater control system 7 Pond #4 is designed to treat the runoff from 59,923 ft2 of built -upon area from the protect permitted under SW8 030433 2 State Stormwater Management Systems Permit No SW8 010803 Modification DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name Marsh Oaks, Section II @Brynn Marr Permit Number SW8 010803 Modification Location Onslow County Applicant Mr Michael G Tuton, President Mailing Address Hunter Development Corporation PO Box 1066 Jacksonville, NC 28541-1066 Application Date February 1, 2002 Modified June 23, 2003 Name of Receiving Streamllndex # White Oak 1 Northeast Creek 119-16-(0 5) Classification of Water Body "SC NSW" Pond Number 1 2 3 4 Drainage Area, acres 418 404 364 710 Onsite, acres 418 404 364 250 Offsite, SW8 030433, acres 0 0 0 460 Total Impervious Surfaces, ft2 71,973 79,626 70,809 122,295 Onsite, ft2 71,973 79,626 70,809 62,372 Offsite, SW8 030433, ft2 0 0 0 59,923 Pond Depth, feet 50 60 60 60 Provided Surface Area, ft2 6,696 4,356 4,500 6,716 Provided Storage Volume, ft3 16,414 15,399 14,501 15,880 Permanent Pool Elevation, FMSL 6 5 6 9 Temporary Storage Elevation, FMSL 85 77 85 11 0 Controlling Orifice (pipe) 1 5" O 1 5" 0 1 5" o 1 25" O Forebay Volume, ft3 2,796 2,613 2,460 4,026 C] State Stormwater Management Systems Permit No SW8 010803 Modification II. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal C. Mowing and revegetation of side slopes and vegetated filter d Immediate repair of eroded areas e Maintenance of side slopes in accordance with approved plans and specifications f Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping g Access to the outlet structure must be available at all times 4 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date, activity, name of person performing the work and what actions were taken 5 Decorative spray fountains will not be allowed in the stormwater treatment system 6 The facilities shall be constructed as shown on the approved plans This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 7 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been Installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 8 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility 9 The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction 10 Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property 4 State Stormwater Management Systems Permit No SW8 010803 Modification 11 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans , including, but not limited to, those listed below a Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area or to the drainage area e Further subdivision, acquisition, or sale of the protect 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 12 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction 13 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days 14 The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area 15 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall 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 III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate The approval of this request will be considered on its merits and may or may not be approved Responsibility for compliance with all permit conditions remains with the Permittee until such time as the Division approves the permit transfer request 2 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 3 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction 4 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 5 State Stormwater Management Systems ` Permit No SW8 010803 Modification 5 The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility 6 The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition 7 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 8 The permittee shall make the necessary legal and financial arrangements between the ultimately responsible parties for the fair distribution of the costs of continued maintenance of Pond #4 of the shared permitted stormwater system Deed restrictions and covenants must reflect these arrangements Permit issued this the 26th day of June, 2003 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W Klimek, P E ,- hector I --I Division of Water Quality By Authority of the Environmental Management Commission H. r Central File$ APS _ SWP_ 07/20/09 Permit Number SW8000517 f Permit Tracking Slip Program Category State SW Permit Type State Stormwater Dr/ f Primary Reviewer 1 Linda lewis I 'lip Coastal SW Rule i 1 Permitted Flow Facility Name Marsh Oaks Section I At Brynn Marr Location Address End Of Corbin St Jacksonville NC 2 Status Active Version 10 Project Type New Project Permit Classification Individu Permit Contact Affiliation IlPkhael G Tuton ` P Box 1066 cksonville NU id o41 1 uoo MajorlMmor Region Minor Wilmington County Onslow Facility Contact Affiliation Owner Name Owner Type Marsh Oaks at Brynn Marr Community Services Association Inc Non -Government Owner Affiliation Sterling Osborne PO Box 12542 Jacksonville NC 28546 Dates/Events Scheduled Ong Issue App Received Draft Initiated issuance Public Notice Issue Effective Expiration 08/10/00 05/03/00 08/10/00 08/10/00 08/10/10 Regulated Activities Reauested/Received_Events_ State Stormwater - HD - Detention Pond Additional information requested 07/10/00 Additional information received 07/14/00 Outfall NULL Waterbody Name Stream Index Number Current Class 5ubbasin NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director November 19, 2009 Mr Sterling Osborne, President Marsh Oaks at Brynn Marr C S A P O Box12542 Jacksonville, NC 28541 Natural Resources Subject- Session Law 2009-406 — Permit Extension Stormwater Permit #SW8 000517 High Density — Marsh Oaks, Section I at Brynn Marr Onslow County Dear Mr Osborne Dee Freeman Secretary On August 5, 2009, the Governor signed Session Law 2009-406 This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010 The law extends the effective period of any stormwater permit that is set to expire during this time frame to 3 years from its current expiration date Accordingly, Stormwater Permit # SW8 000517, which was set to expire on August 10, 2010, is now in effect until August 10, 2013 Please resubmit the renewal application and fee at least 180 days prior to August 10, 2013, which would be February 10, 2013 A copy of the Renewal Application can be obtained from the following website hftp LIh2o _enr state nc uslsulbmp forms htm If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215 Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality S IWQSISTORMWATERIRENEWAL1SL2009-4061000517 nov09 cc Wilmington Regional Office Central Files 1617 Mail Service Center, Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 One Phone 919-607 63001 FAX 9IM07 64921 Customer Service 1 677-623 6746 NorthCarohna Internet www ncwatorquality org ;VaturaClff An Equal Opportunity 1 Affirmative Action Employer - �` OF W ArFR Michael F Easley, Governor `a p William G Ross Jr Secretary �Q North Carolina Department of Environment and Natural �esources yAlan W Klimek, P E ,Director p Division of Water Quality Coleen H Sullins, Deputy Director Division of Water Quality June 26, 2003 Mr Michael G Tuton, President Hunter Development Corporation PO Box 1066 Jacksonville, NC 28541-1066 Subject Permit No SW8 010803 Marsh Oaks, Section II @Brynn Marr High Density Stormwater Protect Onslow County Dear Mr Tuton 'The Wilmington Regional Office received a complete modified Stormwater Management Permit Application for Marsh Oaks, Section II @Brynn Marron June 23, 2003 Staff review of the plans and specifications has determined that the protect, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 010803 Modification, dated June 26, 2003, for the construction of Marsh Oaks, Section II @Brynn Marr This permit shall be effective from the date of issuance until June 26, 2013, 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 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P 0 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 Linda Lewis, or me at (910) 395-3900 Sincerely, Rick Shiver Water Quality Regional Supervisor RSSlarl S 1WQSISTORMWATIPERMIT1010803 jun03 cc Gordon McAdams, P E City of Jacksonville Building Inspections Linda Lewis Wilmington Regional Office Central Files N C Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 N NR State Stormwater Managemegtt Systems Pem-ut No SW8 010803 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Hunter Development Corporation Marsh Oaks, Section 11 @Brynn Marr Onslow County FOR THE construction, operation and maintenance of four (4) wet detention ponds in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until June 26, 2013, 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 Proje2 t Data Sh9et Ponds21, 2, 3 and 4 hay2e been designed to handle the runoff from 71,973 ft , 79,626 ft , 70,809 ft , and 122,295 ft , respectively, of impervious area 3 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 4 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans 5 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans 6 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system 7 Pond #4 is designed to treat the runoff from 59,923 ft2 of built -upon area from the protect permitted under SW8 030433 2 State Stormwater Management Systems Permit No SW8 010803 Modification DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Protect Name Marsh Oaks, Section II @Brynn Marr Permit Number SW8 010803 Modification Location Onslow County Applicant Mr Michael G Tuton, President Mailing Address Hunter Development Corporation PO Box 1066 Jacksonville, NC 28541-1066 Application Date February 1, 2002 Modified June 23, 2003 Name of Receiving Stream/index # White Oak 1 Northeast Creek 119-16-(0 5) Classification of Water Body "SC NSW' Pond Number 1 2 3 4 Drainage Area, acres 418 404 364 710 Onsite, acres 418 404 364 250 Offsite, SW8 030433, acres 0 0 0 460 Total Impervious Surfaces, ft2 Onsite, ft2 Offsite, SW8 030433, ft2 Pond Depth, feet Provided Surface Area, ft2 Provided Storage Volume, ft3 Permanent Pool Elevation, FMSL Temporary Storage Elevation, FMSL Controlling Orifice (pipe) Forebay Volume, ft3 71,973 79,626 70,809 122,295 71,973 79,626 70,809 62,372 0 0 0 59,923 50 60 60 60 6,696 4,356 4,500 6,716 16,414 15,399 14,501 15,880 6 5 6 9 85 77 85 11 0 1 5" 0 1 5"0 1 5" O 1 25" 0 2,796 2,613 2,460 4,026 3 State Stormwater Management Systems Permit No SW8 010803 Modification II SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed to its entirety, vegetated and operational for its intended use prior to the construction of any built -upon su rface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and revegetation of side slopes and vegetated filter d Immediate repair of eroded areas e Maintenance of side slopes in accordance with approved plans and specifications f Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping g Access to the outlet structure must be available at all times 4 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date, activity, name of person performing the work and what actions were taken 5 Decorative spray fountains will not be allowed in the stormwater treatment system 6 The facilities shall be constructed as shown on the approved plans This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 7 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 8 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility 9 The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction 10 Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or lessee An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property 4 ' State Stormwater Management Systems Permit No SW8 010803 Modification 11 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans , including, but not limited to, those listed below a Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area or to the drainage area e Further subdivision, acquisition, or sale of the protect 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 12 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction 13 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days 14 The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area 15 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall 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 III GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate The approval of this request will be considered on its merits and may or may not be approved Responsibility for compliance with all permit conditions remains with the Permittee until such time as the Division approves the permit transfer request 2 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 3 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction 4 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 5 State Stormwater Management Systems Permit No SW8 010803 Modification 6 The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility 6 The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition 7 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 8 The permittee shall make the necessary legal and financial arrangements between the ultimately responsible parties for the fair distribution of the costs of continued maintenance of Pond #4 of the shared permitted stormwater system Deed restrictions and covenants must reflect these arrangements Permit issued this the 26th day of June, 2003 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION � rH4an vv KnmeK, r t , uireccor Division of Water Quality By Authority of the Environmental Management Commission C State Stormwater Management Systems Permit No SW8 010803 Modification Marsh Oaks, Section II @Brynn Marr Stormwater Permit No SW8 010803 Onslow County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfuil 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 is included in the Certification Noted deviations from approved plans and specification Signature Registration Number Date SEAL VA r State Stormwater Management Systems Permit No SW8 010803 Modification Certification Requirements 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 drams 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 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, and a forebay 14 The overall dimensions of the system, as shown on the approved plans, are provided cc NCDENR-DWQ Regional Office City of Jacksonville Budding Inspections 12 A OFFICE USE ONLYS,F, Date Recewed Fee Paid Permit Number 3 &79 / State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I GENERAL INFORMATION 1 Applicants name (specify the name of the corporation, individual, etc who owns the project) HUNTER DEVELOPMENT CORP 2 Print Owner/Signing Officials name and title (person legally responsible for facility and compliance) MICHAEL G TUTON, VICE PRESIDENT 3 Mailing Address for person listed in item 2 above P O BOX 1066 City JACKSONVILLE State NC Zip 285 41 Telephone Number 910 77-1441 4 Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc) Marsh Oaks, Section II at Brynn Marr 5 Location of Project (street address) End of Pine Valley City Jacksonville County Onslow 6 Directions to project (from nearest major intersection) Turn onto Pine Valley Rd from Country Club Rd go to end of road Project Is on right 7 Latitude N 340 45' 30" Longitude W 770 21' 42" of project 8 Contact person who can answer questions about the project g10 577-1441 Michael G Tuton Name _Telephone Number II PERMIT INFORMATION 1 Specify whether project is (check one) New Renewal X Modification Form 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 SW8010803 and its issue date (if known)_ March 20, 2QQ2 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 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877 623-6748 III PROJECT INFORMATION 1 In the space provided below, summarize how stormwater will be treated Also attach a detailed narrative (one to two es) escribing stprmWater rxlanagygrtt orr th f�>+ofect Rur`�torm a er on s a 'I Ve a ti n $wale 2 Stormwater runoff from this project drains to the White Oak River basin 2165 27.9 3 Total Project Area acres 4 Project Built Upon Area 5 How many drainage areas does the project have? 5 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 Pond #1 Pond #2 (.� �6. 1 j Y i Basin ormation k iYi 4 �`.4 �t [tp N k F ,�1.�M i fi i Y r ' Drainage Area it 1 y y �� Ir 'Y Fri W l y� F j VEY{i "_ i C ,, j � 'Drainage Area,2 �,4 �z Receiving Stream Name Northeast Creek Northeast Creek Receiving Stream Class SC NSW SC NSW Drainage Area 418 Acres 4 04 Acres Existing Impervious' Area Proposed Impervious'AreaAcras3 Acres % Impervious" Area (total) ry o Im ervious Surface Area;1¢ i#iA� p, r : 9 r , Drainage Areal h r fi. h.1itl, ' ;'Drainage Area f w„ , On -site Buildings 24,374 S F On -site Streets 19,905 S F (Huff Dave) 0 On site Parking On site Sidewalks 11,512 SE 10.186 S.F. Other on -site Off -site Total S_FTotal " Impervious area is delined as the built upon area Including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc or 1 65 acres or 1 83 acres Form SWU-101 Version 3 99 Page 2 of 4 Pond #3 Pond #4 1 z si "! Basin'Information r �!' YI"� a .,� , 1 ! r �� ! � � M1I� 1 C°".,1: 5 3 Y +A. l Drairia a Areail l �� � y»� g"ia 1 �Y 4 i} W KV ! i:i 1 l i`t` „ �Dralhagp Area 2�,! - r ii 0 �[ � h' i` ' � �d'1 '4, � �- ii'�` v Receiving Stream Name Northeast Creek Receiving Stream Class SC NSW SC NSW Drainage Area 3 64 Acres 7 1 Acres Existing Impervious' Area n 0- Proposed Impervious'Area crer es % Impervious` Area (total) 44.5% 0 'Imperviousl Surface Area- 'V� Drainage Area 10 ­t�fa,.. K�lr 3', A,>,Drainage A ea 2,%, On -site Buildings S.F. On -site Streets p 14,694 S F On -site Parking On -site Sidewalks Other on -site Off -site Total Total Impervious area is defined as the built upon area Including, but not Iimited to, buildings, roads, parking areas, sidewalks, gravel areas, etc or 162 acres or 2 81 acres 7 How was the off -site impervious area listed above derived? IV DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot If lot sizes vary significantly a table listing each lot number size and the allowable built -upon area for each lot must be provided as an attachment I The following covenants are Intended to ensure ongoing compliance with state stormwater management permit number as Issued by the Division of Water Quality These covenants may not be changed or deleted_! without the consent of the State N 2 No more than square feet of any lot shall be covered by structures or Impervious materials Impervious materials Include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools 3 Swales shall not be tilled in, piped, or altered except as necessary to provide driveway crossings 4 Built -upon area In excess of the permitted amount requires a state stormwater management permit modification prior to construction 5 All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted 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 form(s) listed below must be submitted for each BMP specified for this project Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-10l Version 3 99 Page 3 of 4 VI SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ) A complete package includes all of the items listed below The complete application package should be submitted to the appropriate DWQ Regional Office 1 Please indicate that you have provided the following required information by initialing in the space provided next to each item Initials • Original and one copy of the 5tormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP/�� • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including Development/Project name Engineer and firm -Legend North arrow Scale Revision number & date - Mean high water line Dimensioned property/project boundary Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations finished floor elevations Details of roads, drainage features collection systems, and stormwater control measures Wetlands delineated or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf please complete this section Designated agent (individual or firm) PARKER $ ASSOCIATES, INC. Mailing Address P.O. BOX 976 City JACKSONVILLE State NC Zip 28541 Phone ( 910 ) 455 - 2414 Fax VIII APPLICANT'S CERTIFICATION I (print or type name of person listed In General Information, item 2) (r)J.Ct46EL 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 NCAC 2H 1000 Signature Form SWU-101 Version 3 99 Page 4 of 4 Date _ 4' ZZ. —Q 3 0 PenmitNo -5(&9go9'o3 r (to be provided bti DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM POND # 1 WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management .Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I. PROJECT INFORMATION Project Name Marsh Oaks, Section II at Brynn Marr Contact Person __Michael G. Tuton � _ Phone Number (91 0 ) 577-1 441 For projects with multiple basins, specify which basin tlus worksheet applies to 1 ( Pond # 1 ) elevations Basin Bottom Elevation 1 .0 ft (floor of the basin) Permanent Pool Elevation 6.0 ft (elevation of the onfice) Temporary Pool Elevation ft (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 5. 208 sq ft (water surface area at the onfice elevation) Drainage Area 4,.,3,6ac (on -site and off -site drainage to the basin) Impervious Area 1.65 ac (on -site and off -site drainage to the basin) volumes Permanent Pool Volume , 1 A _ a 3,6 _ cu ft (combined volume of main basin and forebay) Temporary Pool Volume 1 c, 1, a 1 ; _ cu ft (volume detained above the permanent pool) Forebay Volume 2,796 cu ft (approximately 20% of total volume) Other parameters SA/DA1 2 , 8% (surface area to drainage area ratio from DWQ table) Diameter of Orifice 1.5 in (2 to 5 day temporary pool draw -down required) Design Rainfall 1 .0 in Design TSS Removal 2 90 % (minimum 85% required) Form SWU-102 Rev 3 99 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 BMP manual provides design tables for both 85% TSS removal and 9017a 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 Admtrustrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification. Applicants Initials GRM a The permanent pool depth is between 3 and 6 feet (required nummum of 3 feet) GRM b The forebay volume is approximately equal to 20% of the basin volume GRM c The temporary pool controls runoff from the design storm event GRM d The temporary pool draws down in 2 to 5 days GRM e If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) MBA GRM !/ f The basin length to width ratio is greater than 3 1 GRM f g The basin side slopes above the permanent pool are no steeper than 3 1 GRM h A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) GRM r/ i Vegetative cover above the permanent pool elevation is specified GRM df j A trash rack or similar device is provided for both the overflow and onfice GRM k A recorded drainage easement is provided for each basin including access to nearest right- of-way GRM �' I If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin GRM O�' 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 iD does not incorporate a vegetated filter at the outlet. This system (check one) 0 does :Q does not incorporate pretreatment other than a forebay. It Slei; 4TTAGHw9&'T 1 Form SWU-102 Rev 3 99 Pate 2 of 4 Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the onfice 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 a catch basins, piping, swales, riprap, etc ) quarterly to maintain proper functioning 4 Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i a stockpiling near a wet detention basin or stream, etc ) The measuring device used to deternitne 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 -7 5 feet in the triain pond, the sediment shall be removed When the permanent pool depth reads - 2s 2 5 - feet in the forebay, the sediment shall be removed Sediment Bottom El 3.75 . on 3.0 FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool EIevation 6 . 0 Sediment Removal Elevation 2.25 Bottom Elevation 1 • 0 MAIN POND 75% 25% 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 miniiruzed to the maximum extent practical Form SWU-102 Rev 3 99 Page 3 of 4 All components of the wet dete-tion bastn system shall be maintained in good working order �r I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed aboNe I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Pnntname Michael G. Tuton Title President Address P.O. Box 1066, Jacksonville, NC 28541 Phone i910) 577-1441 Signature C� Date U — 1 2 =)�M l Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I, V I- FLU \1 Po-, Y V e,Y , a Notary Public for the State of H(?-./ , County of i QV(1 ,do hereby certify that ror (i , ] a Lj G - Td ID r personally appeared before me this l b+g day of .) O nt. , DO91 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, �o'TAyy 2 J' . COON -14u1r11111% % SEAL My commission expires 1 SWU-lot Rev 3 99 Paoe 4 of 4 3 Pernut No SW Rdl 000 (to be provided b,, DVVQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM Pond #2 WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I. PROJECT INFORMATION Project Name Marsh Oaks, Section II at Brynn Marr Contact Person Michael G. Tuton Phone Number ( 91 0) 577--1 441 For projects with multiple basins, specify which basin this worksheet applies to 2 ( Pond #2 ) elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation areas (-)1 .0 ft 5.0 ft 7. 7 5 ft Permanent Pool Surface Area 4, 3 5 6 - sq ft Drainage Area 4.04 ac Impervious Area 1 .83 ac (floor of the basin) (elevation of the onfice) (elevation of the discharge structure overflow) (water surface area at the on fice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) volumes Permanent Pool Volume 12,021 cu ft (combined volume of main basin and forebay) Temporary Pool Volume 15,401 cu ft (volume detained above the permanent pool) Forebay Volume 2,613 cu ft (approximately 20% of total volume) Other parameters SA/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal 2 2, 4% 1.5 1.0 90 (surface area to drainage area ratio from DWQ table) in (2 to S day temporary pool draw -down required) in % (minimum 85% required) Form S W U-102 Rev 3 99 Page I of 4 Footnotes t 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 900/c TSS removal II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification. Applicants Initials GRM (f a RM. 6�' b GRMy' c GRM (f d (% GRM P �� e The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) The forebay volume is approximately equal to 20% of the basin volume The temporary pool controls runoff from the design storm event The temporary pool draws down in 2 to 5 days If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) GRM 0" f The basin length to width ratio is greater than 3 1 GRM O g The basin side slopes above the permanent pool are no steeper than 3 1 GRM 6r� h A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) GRM Vl' i Vegetative cover above the permanent pool elevation is specified GRM fT j A trash rack or similar device is provided for both the overflow and onfice GRM k A recorded drainage easement is provided for each basin including access to nearest right- GRM (l GRM Ce' 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 wtll 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 ID does not incorporate a vegetated filter at the outlet. This system (check one) 0 does l0 does not incorporate pretreatment other than a forebay. 4 S ►t I" ATrA'-H r• i; A T Form SWU-102 Rev 3 99 Page 2 of 4 . . Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the onfice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed 2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed Inspect and repair the collection system (i a catch basins, piping, swales, nprap, etc ) quarterly to maintain proper functioning 4 Remove accumulated sediment from the wet detention basin system senu-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 mariner that will not adversely impact water quality (i a 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 4.5 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 2_ 25 feet in the forebay, the sediment shall be removed Sediment Bottom E1.2 75 -�0 -- on 2 FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 5.0 Sediment Removal Elevation 0.5 Bottom Elevation (— )1 -0 MAIN POND 75% 25% 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 minuruzed to the maximum extent practical Form SWU-102 Rev 3 99 Page 3 of 4 All components of the wet dettriton baeln System shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed aboNe I agree to notify DWQ of any problems with the system or pnor to any changes to the system or responsible party Pnnt name Michael G. Tuton Title President Address P.O. Box 1066, Jacksonville, NC 28541 Phone (91 0) 577-1 441 Signature f2��^y�C ,�.�!_ r'_ :7-- i, ' Date �V ' Q l Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I, l y PO-,L, a Notary Public for the State _ County of . of _KI oVV , do hereby certify that NI 1 C�nQ � - �V �r personally appeared before me this b+f-� day of J U nt°_ and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, V k� c,&j q� SEAL My commission expires a I " aOOb '15WU-102 Rev 3 99 Page 4 of 4 Perrrut No 5w,,70/0 Sv3 (to be provided by DwQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM Pond #3 WET DETENTION BASIN SUPPLEMENT Thts form may be photocopced for use as an ongrnal DWQ Sto ^ water Management Plan. Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I. PROJECT INFORMATION Project Name Marsh Oaks,_Segtign 11 at Bgynn Marr Contact Person Michael G. Tuton _ Phone Number 91 0 577-1 441 For projects with multiple basins, specify which basin this worksheet applies to 3 (Pond #3) _ elevations Basin Bottom Elevation 0& ft (floor of the basin) Permanent Pool Elevation 6.0 ft. (elevation of the onfice) Temporary Pool Elevation 8.5 ft (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 4 500 sq ft (water surface area at the orifice elevation) Drainage Area Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DAi Diameter of Orifice 3.64 ac. 1.62 ac 13,032 cu ft 14,502 cu. ft 2,460 cu. ft 2.4% 1.5 in (on -site and off -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) Design Rainfall 1.0 in Design TSS Removal 2 90 % (minimum 85% required) Footnotes When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed bused upon the actual impervious % and permanent pool depth Linear interpolation should be employed to determine the correct value for non- standard table entrees In the 20 coastal counties, the requirement for a vegetative filter may be waged if the wet detention basin is designed to pro%ide 90`Ja TSS removal The NCDENR BMP manual provides design tables for both 85% TSS removal and 909c, TSS removal II. REQUIRED ITEMS CHECIMIST 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 Adrrurustrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification. Applicants Initials GRM V_ a The permanent pool depth is between 3 and 6 feet (required mirumum of 3 feet) GRM Cr b The forebay volume is approximately equal to 20% of the basin volume GRM c The temporary pool controls runoff from the design storm event GRM (f d The temporary pool draws down in 2 to 5 days tf GRM N A e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow GRM (T GRM t/ GRM (sr GRM (f GRM 0� 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) Vegetative cover above the permanent pool elevation is specified A trash rack or similar device is provided for both the overflow and orifice GRM 6"'_ k A recorded drainage easement is provided for each basin including access to nearest right- of-way GRM I If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin GRM m A mechanism is specified which will drain the basin for maintenance or an emergency SLR �}TTAcHnCNT 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 Q does not incorporate a vegetated filter at the outlet. This system (check one) 0 does JQ does not incorporate pretreatment other than a forebay. Form SWU-IO2 Rev 3 99 Paige 2 of 4 7 All coniponents of the wet det, Y,uon basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed abo%e I agree to notify DWQ of any problems with the system or pnor to any changes to the system or responsible party Print name Michael G. Tuton Title President Address . P.O. Box 1066, Jacksonville, NC „ 28541 Phone Signati Date La_ ` L3 _Rd O I Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president V POLY )Ly , a Notary Public for the State of� County of 01n` )l DW , do hereby certify that , M l C�hQ �� G _F "�Z) O personally appeared before me this ��J day of .) U V)e, _ 6-�M I , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, "IVA It I I I I I I j /I •\G��t Y pAq''�• SEAL My commission expires Q —a' j -o DD 3 i SWU-102 Rev 3 99 Page 4 of 4 Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the onfice 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 a catch basins, piping, swales, nprap, 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 appropnate manner and shall be handled in a manner that will not adversely impact water quality (i a stockpiling near a wet detention basin or stream, etc ) The measunng device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads ''• 5 feet in the main pond, the sediment shall be removed ,2C5 When the permanent pool depth reads Zv451 feet in the forebay, the sediment shall be removed BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 6-0 Sediment Re oval El 3.75 751 ----f---- - V Sediment Removal Elevation 1 -5 75% Bottom Ele �tion qo-------------------------------------------- ---- Bottom Elevation 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 Form SWU-IO2 Rev 3 99 Page 3 of 4 Permit No C�-JUd /d B6,? /IAJ (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I. PROJECT INFORMATION Project Name MARSH OAKS, SECTION II AT BRYNN MARR Contact Person MICHAEL G TUTON Phone Number ( 910) 577-1441 - For projects with multiple basins, specify which basin this worksheet applies to elevations Basin Bottom Elevation 30 ft (floor of the basin) Permanent Pool Elevation 90 ft (elevation of the orifice) Temporary Pool Elevation 11.0 ft (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 6716 sq ft (water surface area at the orifice elevation) Drainage Area 7.1 ac (on -site and off -sue drainage to the basin) Impervious Area 281 ac (on -site and off site drainage to the basin) volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA i Diameter of Onfice Design Rainfall Design TSS Removal 2 20,040 cu ft (combined volume of main basin and forebay) 14,702 cu ft (volume detained above the permanentpool) 4,026 cu ft (approximately 20% of total volume) 1 7 % (surface area to drainage area ratio from DWQ table) 125 in (2 to 5 day temporary pool draw -down required) 10 in 90 % (minimum 85% required) Form SWU-102 itev 3 99 Page 1 of 4 Footnotes i 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 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 BNV manual provides design tables for both 85% TSS removal and 90% TSS removal II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification. Applicants Initials k -- a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) Al---' 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 N A fn/ 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 l� k 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 control during construction, clean out of the basin is specified prior to use as a wet detention basin in A mechanism is specified which will drain the basin for maintenance or an emergency * florid is located within property owned by developer 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 gdoesnot 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 accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed 2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed 3 Inspect and repair the collection system (i a catch basins, piping, swales, nprap, 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 onginal design depth (see diagram below) Removed sediment shall be disposed of in an appropnate manner and shall be handled in a manner that will not adversely impact water quality (n 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 4.5 0 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 2.2 5 feet in the forebay, the sedunent shall be removed Sediment ReAoval El 6.7 5 17 Bottom E!e ahon 6.0_ 3 FOREBAY BASIN DIAGRAM (flll in the blanks) Permanent Pool Elevation 9. 0 Sediment Removal Elevation 4.50 ------------------------------- Bottom Elevation 3 . 0 fu IivrL I M �7 75% 25% 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 SWU-102 Rev 3 99 Page 3 of 4 7 All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above I agree to notify DWQ of any problems with the system or pnor to any changes to the system or responsible party Print name Michael G. Futon Title Vice President Address P.O. Box 1066, Jacksonville, NC 28541 Phone ( 91 0) 577-1 441 Signature VVV—l"-, Date 4-22-03 Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I, A di , a Notary Public for the State of County of , do hereby certify that P personally appeared before me this g:26ar day of , z��, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, V �4VTA% " y r i SEAL My commission expires d Z zoo( Form SWU-102 Rev 3 99 Page 4 of 1 ;A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr Micheal Tuton, President Hunter Development Corporation P O Box 1066 Jacksonville, NC 28540 Division of Water Quality Coleen H Sullins Director March 12, 2009 NOTICE OF INSPECTION Marsh Oaks @ Brynn Marr Sec I & II Stormwater Project No. SW8 010803,oSW8M000517-zi, Onslow County Dear Mr Tuton Dee Freeman Secretary Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report" The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on February 16, 2009 to determine compliance with Stormwater Permit Number SW8 010803, SW8 000517 issued on August 10, 2000 and March 20, 2002 As indicated in the attached inspection report the following deficiencies must be resolved 1 Provide the maintenance necessary to all ponds in both sections as instructed in the attached inspection reports 2 Provide the Engineers Certification for pond 4 in Section II, and provide the Engineers Certification for both ponds in Section I Please inform this Office in writing before April 12, 2009, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies Failure to provide the requested information, when required, may initiate enforcement action including the assessment of civil penalties of up to $10,000 per day If a written plan of action is not submitted to this office by April 12, 2009 then DWQ staff will re- inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed 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 ncwaierquality org Nne ofthCarolina Natural& An Equal Opponundy 4 A(firmalive Action Employer r % Please be reminded that if any ownership or name change has occurred it is the permittee's responsibility to notify this office in writing If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215 Sincerely, r David -Cox ' Environmental Senior Specialist GDSldwc S 1WQSIStormWater\INSPECT1010803 mar09 cc Timothy Stewart, Parker & Assoc (-Wilmington-RegEonaFGffi6­6:;�' David Cox Central Files Page 2 of 2 Compliance Inspection Report Permit SW8000517 Effective 08/10/00 Expiration 08/10/10 Owner Marsh Oaks at Brynn Marr Community Services Association Inc Project Marsh Oaks Section I At Brynn Marr County Onslow End Of Corbin St Region Wilmington Jacksonville NC 28540 Contact Person Michael G Tuton Title President Phone 910-577-1441 Directions to Project Turn onto Corbin St from Leleune Blvd, go to end of street, project is on right past Cottage Cove S/D Type of Project State Stormwater - HD - Detention Pond Drain Areas 1 - (Northeast Creek) (03-05-02) { SC NSW) On -Site Representative(s) Related Permits Inspection Date 0211612009 Entry Time 10 30 AM Primary Inspector David W Cox Secondary Inspector(s) Reason for Inspection Other Permit Inspection Type State Stormwater Facility Status Q Compliant ■ Not Compliant Question Areas 0 State Stormwater (See attachment summary) Exit Time 11 30 AM Phone 910-796-7215 Inspection Type Stormwater Page 1 Permit SW8000517 Owner - Project Marsh Oaks at Brynn Marr Community Services Association Inc Inspection Date 02/16/2009 Inspection Type Stormwater Reason for Visit Other Inspection Summary 1 Please mow the side slopes of the pond and remove all trash and debri for both ponds 2 Please provide the Engineers Certificate for Both ponds Once all compliance issues are resolved this office will move foward with the transfer of ownership to Marsh Oaks at Brynn Mar C S A File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment This office has not received the Engineers Certificate for either pond SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to OWQ ❑ ❑ ❑ ■ upon request? Comment Both ponds were observed to need minor maintenance such as, regular mowing of the grass on the side slopes,and the removal of trash and debris from the pond Page 2 48 State Stormwater Management Systems Permit No SW8 000517 Marsh Oaks, Section I at Brynn Marr Stormwater Permit No SW8 000517 Onslow County Designer's Certification I, _ -7'(r vTWf M STET , as a duly registered P E in the State of North Carolina, having been authorized to observe (pen o di call y/weekly/full tune) the construction of the project, M-11� OAII.s S RT+,61 Z n-r BU xM t'VhLrt- (Project) for Tt��. I ) WPR `t Ca u *T (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 is included in the Certification Noted deviations from approved plans and specification '(tW STv Nr4 wkt fir- p vµ p t Uwe C K f TNK ('rCN) i g Am o c K i 1� (x-rL-l) tK 2000 Fart SI-64F ttH SrN o I Itl 1+4** No 7 CC-:&'rtglM Signature Registration Number `� S Date lti(L 3 tvo 9 APR 0 7 2009 BY: SEAL ,k CARO(/ Jw SEAL t SE AL_ FA'�'f I State Stormwater Management Systems Permit No SW8 000517 Certification Requirements I ffiA 1 The drainage area to the system contains approximately the permitted acreage �j62 The drainage area to the system contains no more than the permitted amount of built -upon area fA$ 3 All the built -upon area associated with the project is graded such that the runoff drains to the system fAk 4 The outlet/bypass structure elevations are per the approved plan f µ 5 The outlet structure is located per the approved plans ` 1A 16 Trash rack is provided on the outlet/bypass structure TM 17 All slopes are grassed with permanent vegetation fM 8 Vegetated slopes are no steeper than 3 1 TM 19 The inlets are located per the approved plans and do not cause short-circuiting of the system fM i 10 The permitted amounts of surface area and/or volume have been provided TM S 11 Required drawdown devices are correctly sized per the approved plans TMS 12 All required design depths are provided Tw S 13 All required parts of the system are provided, such as a vegetated shelf, and a forebay '(MS 14 The overall dimensions of the system, as shown on the approved plans, are provided cc NCDENR-DWQ Regional Office - Mitchell Parker, Onslow County Building Inspector 7 �. BOOK 17 7 9 PAGE 113 Prepared by FRANK W ERWIN, ATTORNEY P O Box 7206 Jacksonville, N C 28540 NORTH CAROLINA o 7 ONSLOW COUNTY AMEN_L)MENT TO MASTER DECLARATION OF RESTRCTIVE COVENANTS OF MARSH OAKS at BRYNN MARR (Book 1715, Page 322; Re -recorded In Book 1755, Page 57) THIS AMENDMENT TO MASTER DECLARATION OF RESTRICTIVE COVENANTS OF MARSH OAKS AT BRYNN MARR, made this the ay of e✓ nkV.- 2001, by and between HUNTER DEVELOPMENT CORPORATION, hereinafter called "Declarants" pursuant to North Carolina law. a Whereas, HUNTER DEVELOPMENT CORPORATION has heretofore caused to be recorded a Master Declaration of Restrictive Covenants in Book 1715, Page 322 and re -recorded in Book 1755, Page 57; and WHEREAS, the Master Declaration as above recorded and originally published expressly allowed additional tracts or parcels of land to be made subject to the terms and conditions of said Master Declaration; and WHEREAS, the Declarant has now completed certain improvements on that certain tract of land designated as MARSH OAKS SECTION I-B AT BRYNN MARR, and WHEREAS, the Declarant is the owner of that certain tract or parcel of land designated as MARSH OAKS SECTION I-B AT BRYNN MARR as shown on Exhibit A, attached hereto and by reference made a part hereof, and r WHEREAS, the Declarant will convey the property described in Section I-B, as shown on said Exhibit A subject to all those conditions, restrictions, reservations, liens and charges set forth in the Master Declaration, all of which is hereby incorporated by reference NOW THEREFORE, the Declarant does hereby publish and declare all of the ploperty described below shall beheld, conveyed, hypothecated, encumbered, used, occupied and improved subject to all the terns and conditions set forth in said Master Declaration, which is declared and agreed to in furtherance of the plan for the improvements ofsmd property in the division thereof and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, its successors and assigns, and any person acquiring or owning any interest in the real property improvements, their Grantees, successors, heirs, executors, administrators, devisees and assigns 1 P95CERMUN OF PROPERTY- Being all of that property as described on Exhibit A attached hereto and incorporated Herein by this reference as if frilly set forth, ERWIN, SIMPSON & STROUD Attorneys, P.L.LC. - Telephone (910) 346.3566 025 Gun Branch Road, Suite 115, P 0 Box 7206, Jacksonville, NC 28540 800K 17 7 9 PAGE 114 EXHIBIT A TO AMENDMENT TO MASTER DECLARATION BEING all of that property as shown on that plat entitled "Final Plat Marsh Oaks Section I-B at Brynn Marr as recorded in Map Book 41, Page 244, Onslow County Registry ERWIN, SIMPSON & STROUD Attorneys, P1..1:..C. - Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P 3 Boa 7206, Jacksonville, NC 28540 EX!779pwfl5 2 (NOR_NOR—ATION BY REFERENCIs All of the terms, conditions, provisions and rights reserved by the Declarant as set forth In the Master Declaration as recorded in Book 1715, Page 322 and re -recorded in Book 1755, Pnee 57, ONSLOW County Registry By the submission Of Section I-B of the property to the terms and conditions of this Declaration, the Declarant expressly reserves all those rights and privileges as set forth in the Master Declaration as above referred to IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal the foregoing to be executed in its corporate name by its duly authorized officer; and its corporate seal to be hereto affixed, all by authority ofits Board of Directors, first duly given H ER DEVELOPMENT CORPORATION yMIN.r"w CORPORA E SEAL ��OPIIElr JB y �. Vice President CORPOlWE ATTEST SEAL Asst Secre V c NORTH CAROLINA COUNTY OF NwjjJ I, a Notary Public of the aforesaid County and State, do hereby cenify that FhLit 4_It.1_ ff t Din personally appeared before me this day and acknowledged that (s)he is A0 Secretary ofHUNTER DEVELOPMENT CORPORATION, a North Carolina Corporation, and by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its Vit& President, sealed with its corporate seal, and attested by himself as its AST. Secretary Witness my hand and notarial seal, this day of win l ern lac / , 2001 N a Public V .a�.jrIXOOTARY'� •" ;tiyQ My Commission Expires�J ZOt73 ii PURUC ? :0 G IbATA\CLIENIIHDCIRclmarsh oaks I-B pud amd wpd yV, RM 165 �'n,�' COt1 N,.•` ERWIN, SIMPSON & SMOIID Atipmem P I..I X - Tolephow (910) 316.3%6 825 Gam Bmsdn Road, Suite 115. P Z Box nK Jacksonville NC 28540 NOR711 CAROLINA, ONSLOW ODUNTY. The foregoing certificate(s) of Joanie W. Kirg _ Were certified to be correct. This instrument ^was presented for registration and recorded in this office in Books 1779 . Pager 113 This 26th day of November , 2�(L 1 at ----M--U7 o'clock A H. i red H. Thomas, Regibter of Deeds. (Page 1 oS 2) RETURN PC) t PRANK W ERW1N W 17 7 9 M 116 - W R1N165 . ZA—ZP 101,01126 910 11 THIS DOCUMENT PRESENTED TO THE ONSLOW COUNTY TAXO_ FFq DATE CaRR EXCUa Tee —0— Itmarding Time Bach and Rags Tax L.I. Va Parcel Identifier Nei PORTION OF 351 8 R 1] verl6sd County on the day of .20 by tl H Alto reeordina 1 This r we by FRANK W. ERWIN lisle! or Isde N AREA S r HARSH OARS N CA OLINA GENERAL WARRA TY INIED ipth r THIS DEED mach this a at NOV ER by and between Gui 0 GRANTEE U HUNTER DEVELOPMENT CORP N RSH OAKS COIMUNITY SERVICES A IATIONr INC. R 055 N LEr NC 20540 I eater III Ant"daN s1.eh far rat► parlyr rns manna, an; N aaerrMiale N,arael el shall lac(ade singular, plural a aftalles, feminine or neater as raya(rud by euafeat WIT34ESSICTIL that the r;rantor fur a ralaable consideration paid by the Grsnln, a i aeknuwledred, has and trs rheas areeetlta Buse grant, bargain sell and eaevey ante aha ra� certain loot or parts) of land situated In the City of JACKSONVILLE JAI ONSLIOW (nunl), Nurth Carolina and Mrs partkuisrly described a follows �O garlerrebllt. as and usiane, and ni hie Is heaby Being all of that property designated a "Common Ara" Im"fig but not lintltod to the "Tkrvate Dnve" areas as shown on those plats entitled "Marsh Oahe Section 1-A and [-Band re000e¢tnr Map Book 40, Page 108 and Map Boor 41, Page 204, Onslow Comity Registry 1 n T r� F1 as 4— 1, fir)r lari awrra. tars ,w.,war.•r- r .. ,„r..rr.�rr Book 1779,Page 116 trage c Bs, �r r 801119af117 f lie property flffddifili ic bed wa■ ac aired by Grantor b inairumept retarded is y A mwp ahnwiaR the sbavd deeetlbed property i• nmrded in Plat Itt)uk 40 loame 109 6 Bk 41, Pg 204. TO HAVE AND TO HOLD the Aforesaid lot or parcel of land and all prhllegee and appurtenances tharetu hefoutlnIr to the Grant" in toe simple A the Grantor revenants with the Groatthat Grantor is seized elf the prtlnlsas in fee simple has the riffht to crulq t ■ ee, In fee aimple, that title it marketable and fro* and clear of 031 earambraneen and thug Grantor mill marrant and difostd-iiklitlet attafnat the lawful claims, of ail parer.nw Irhn111966 er except fur Iht wxreplbmp hrreinnfter atalnl Title to lb prcpwrtY herelnabmre dasrrlbed is puhjert ,n tha fnllaatap MOP1.1uaa IN WMICax radr.eer .awe ►r ae.rN wrtn•r HUNTER DE as. VICE ATT■ATI ASSISTANT aahl.�TAM► ..rd .. 1 ...1 . A ..r..r.tr Mt rr.W Nlla Iamrrw.rl tt ar lkwd Y at —1. •Irl•N .*-1.r.114 nl wi IMwrd W per Ws Or d.r and and rinl �. M II jr � f►RAI/ txl.ar.0 Rnur, tt..p.r.I. M.11 MAGI Warn cAaetrNA. J. a N.tar, ruslk of IN. Cer.lr ..A ■IMr ■h .tie MI IlN w _ orals 2 arnnwtlY ael.and Nnn Mo talc Is,, slid 11 N.Wft. o rrlloa o 1 rotor dnstlowoal It hint My y aa.d one Ftkl.l row► a eat ON IN MY r -k0t. rW—i �A t slats MoaTll CAIL03 INA. ONS�,OW t...t►— '4Ptj1G)14N. a . Irwer Hider nr We cwnlr ad alste ar.rstawt tens, ew PRAN E IN/rnawnr rsw. alter wr INN dt, .•I araaewhdd.d 0.1 a. I. AIRMTA T ne...le.r te t NoHUNTER DEVELOPMENT CORPORATION.ViC�P, direr a.d as toe "I N gar s..I.raarn U. MrrrN.1 "Simmons wn u■ned In Mr wok,wePG; mourn, On" ■m in ewpefaw Note ens ru.wwr1a, lull ,t �t ASSISTANT NVORK-r p,� +K ?' een nor as" ua Hflfla newt tf Hal. tale 71%ri�il., pQYMBn % 2001 _aYQ�,J.IHa� Up rwwwlYNe e1ahM J"�"T� MnaN, PrMk TAN rererolas Cdnllleslet+f N Q@Ai10.Vti ISiam .rr1110I le N resat no, la•Iweuwl ,I ON Nrnlli.l• .w e.lY rr.S.MIM .1 IN. .w A.I. end Nwt I In IN P.J .. 1 1 q s►.rn M 1►. ',,,J ;�'7fr"l '•w'F...>r - - .astotam or Ktcnx ruse owl" � cq�MTr ewwww�wwww`� .. trr/.w Aa1waH aKwat A 04.6 l • w�tyMAWW P-W N ' 1. IWA It NO IrT7 ..�.nA..,e a rr e. n1 r.►.w w e reel S Hook 1779,Page 116 �oF wpr�AQ� o -s Date _f —2 Project Name 1%�1-�- Project No J�GJ8��4�� County see - ` 5,1,j The Wilmington Regional Office of the Division of Water Quality received your Stormwater Permit Name/Ownership Change request on Your project will be reviewed within 75 days of receipt A you will be notified if additional information is needed If you have any questions, please contact any member of the Stormwater review staff in the Wilmington Regional Office at (910) 796-7215 Jo Cosmer Administrative Assistant w'k 11 PARKER & ASSOCIATES, INC.rapin8 Horl Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P 0 Box 976 Jacksonville, NC 28541-0976 (910) 455-2414 + Fax (910) 455-3441 LETTER OF TRANSMITTAL f l /A N I 4 2009 DATE: January 13, 2009 NCDENR-DWQ REF: Marsh Oaks, Section I and Section H`� 127 Cardinal Dr Ext Onslow County, NC Wilmington, NC 28405-3845 WE ARE SENDING YOU: One (1) original and one (1) copy of the State Stormwater Permit Name/Ownership Change Form, One (1) copy of the Deed of Transfer, and One 1) co of the Erosion Control Plan, all for the above referenced project DELIVERY VIA: ® Regular Mail ❑ Hand ❑ Federal Express ❑ UPS Overnight ❑ UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW: ® For Approval ❑ As Requested ❑ For Review and Comment ❑ For Your Use ❑ For Bids Due ❑ Other COMMENTS: Richard C Muni, P L S Copies To Hunter Development Corporation RCM/rmh CF (P), LAM (if enclosures are not as noted, kindly notify us at once) c2 i O r RCM Sams MarshOaks OwnershipChngForm 1 13 09 EMAIL ADDRESS TEXT MESSAGES TO eaitextAa bizec rr cam MAPS AND PLANS TO aldraft aAbizec rr com + ENVIRONMENTAL ENGINEERING + STORMWATER, WATER AND WASTEWATER SYSTEMS + FEASIBILITY AND DEVELOPMENT CONSULTING + GI OBAL POSITIONING SURVEYS + SUBDIVISION AND CONSTRUCTION PLANS O`�OF wnrEgoG 7 fl � Date Project Name Project No mil-�SD�4��� _ County D/.S�DLr/ duo' /1,wl5l The Wilmington Regional Office of the Division of Water Quality received your Stormwater Permit Name/Ownership Change request on Your project will be reviewed within 75 days of receipt di you will be notified if additional information is needed If you have any questions, please contact any member of the Stormwater review staff in the Wilmington Regional Office at (910) 796-7215 To Casmer Administrative Assistant r,� 11 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B Hunt, Jr , Govcrnor Bill Holman, Secretary Division of Water Quality July 10 2000 Mi Michael Tuton, President Hunter Development Corporation PO Boa 1066 Jacksonville, NC 28541 tPA AM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL FRE50LRCE5 Subject ACKNOWLEDGMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No SW8 000517 Marsh Oaks, Section I @Brynn Marr Onslow County Dear Mr Tuton The Wilmington Regional Office received a Stormwater Management Permit Application for Marsh Oaks, Section I @Bryan Marron May'), 2000 A preliminary review of that information has determined that the application is not complete The following information is needed to continue the stormwater review 1 As discussed at the workshops, please handwrite initials to indicate the items have been provided in the submittal/design 2 Section I, item 42 also asks for both your name and your title within the corporation Since the signed supplements include your title as President, I have taken the liberty of adding it to this section 3 Please add the nearest major intersection to the vicinity reap 4 Please show the orifice on the plan view of the outlet structure detail 127 Cardinal Dr Eat, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunit) AffirmatIVL Actmn Employer 50% remied/10%, post -consumer paper Mr Tuton Tul} 10, 2000 Stormwater Project No SW8 000517 Please note that this request for additional information is in response to a preliminary review The requested information should be received by this Office prior to August 10, 2000, or the application will be returned as incomplete The return of a project will necessitate resubmittal of all required item$, including the application fee If you need additional time to submit the information, please mall or fax your request for a time e,.rcnsion to the Division et the address and fax number at the bottom of this letter The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215 1 and is subject to enforcement action pursuant to NCGS 143-215 6A Please reference the State assigned project number on all correspondence Any original documents that need to be revised have been sent to the engineer or agent All original documents must be returned or new of iginals must be provided Copies are not acceptable If you have any questions concerning this matter please feel free to call me at (910) 395-3900 Sincerely, Linda Lewis Environmental Engineer R.SS/,nd 4 \Wo q\STORjMVIAT1.6,nDiNTrn1000517 JUL cc. Linda Lewis Tim Stewart, P E 127 Cardinal Dr Fxt , Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunit} Affirmative Action Employer 50% recycled/10% post -consumer paper PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners SraP;�� Hor�xo�$ RECEI 306 New Bndge Street - PO Box 976 Jacksonville, NC 28541-0976 MAY 0 3 20 (910) 455-2414 - Fax (910) 455-3441 LETTER OF TRANSMITTAL DATE: May 2, 2000 To: Ms Linda Lewis REP: Marsh Oaks, Section I at NCDENR-Division of Water Quality_ Brynn Marr 127 Cardinal. Drive Extension Onslow County,'NC i ming on, Nu 28=-1845ormwater Control SuFm—ittal WE ARE SENDING YOU: One (1) original and one (1) copy of the Stormwater Submittal Form, Narrative, two (2) Supplement Forms, two (2) sets of Plans and Specifications, one (1) Stormwater Submittal Plan, and one (1) Review Fee check for $420 00, all for the above referenced pro3ect DELIVERY VIA: n REGULAR NAIL ❑ UPS OVERNIGHT ❑ HAND ❑ UPS GROUND THESE ARE TRANSMITTED AS CHECKED BELOW: B ❑ FOR APPROVAL ❑ AS REQUESTED ❑ FOR YOUR USE ❑ OTHER COMMENTS: ❑ FOR BIDS DUE ❑ FEDERAL EXPRESS El OTHER ❑ FOR REVIEW AND COMMSRT 0 Shcw Gr h c.2 cm (31 ->n r, ` V) fled) 0 Mr Tom Anderson (w/enclosures) ` coPlEs To: � },+r--Mike Tube r- (w, enlesttr TMS/h3b CF (P), LAM Enclosures (IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE) MARSH OAKS SECTION I AT BRYNN MARR Stormwater Narrative Marsh Oaks Section I at Brynn Marr is being developed by Hunter Development Corporation The townhouse subdivision consists of 7 quadraplex and 4 sixplex townhouse units The asphalt drives and parking areas will be constructed with catch basins to collect stormwater and route it to the stormwater detention ponds prior to releasing the stormwater runoff to the existing natural ground wetlands area Two ponds are being designed to work with the existing ground contours The project drains into an unnamed tributary which flows into Northeast Creek which is classified as SC -NSW For additional information, see the plans and specifications, and the rest of the permit application package c mydocumentsltmslmoaks rw PARKER & ASSOCIATES, INC. ,nS Hor� �haP zone Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P O Box 976 Jacksonville, NC 28541-0976 ^' (910) 455-2414 + Fax (910) 45 - ��T, ,CT- , f D JUL 14 1000 BY July 11, 2000 Ms Linda Lewis NCDENR-Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 RE Marsh Oaks, Section I at Brynn Marr Stormwater Project No SW8 000517 Onslow County, NC Dear Ms Lewis, This letter is in response to review comments in your letter dated July 10, 2000, concerning the above referenced project Please find enclosed the original Page 4 of 4 of the Stormwater Appltcation and original Sheets 1 of of both Wet Detention Basin Supplements that you had returned to me I have hand initialed the items as you requested 3 The Vicinity Map on Sheet 2 of 7 has been revised per your request showing the Hwy 24/Hwy 17 intersection Please find enclosed two (2) revised copies of Sheet 2 of 7 4 The orifice has been added to the outlet structure detail of Sheet 7 of 7 Please find enclosed two (2) revised copies of Sheet 7 of 7 If you have any questions or require any additional information, please give me a call Sincerely, PARKER & )ITTES, INC Timothy Stewart, P E xc Mr Garland Tuton CF (P), LAM Enclosures TMS/hjb L mydowmentsltmslmarshoaks ltr ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS I BOOK 17 15 PAGE 3 3 2 Prepared by FRANK W ERWIN P O Box 7206 Jacksonville, NC 28540 Index in the Grantor Index: Marsh Oaks at Brynn Marr Subdivision Brynn Marr Subdivision Hunter Development Corporation Marsh Oaks Community Services Association, Inc. NORTH CAROLINA ONSLOW COUNTY MODUFMCATLON- AND SUBSTITUTION OF RESTRICTIVE COVENANTS MASTER DEMA—RATION O COVENANTS AND RESTRICTIONS (MF/CSA/VA) MARSH OAKS AT BRYNN MARR (47F-1-101 et seq.) This DECLARATION, MODIFICATION AND SUBSTITUTION OF RESTRICTIVE COVENANTS, made this the 21" day of MAY, 2001 , by and between HUNTER DEVELOPMENT CORPORATION, hereinafter called "Declarants" pursuant to North Carolina law BACKGROUND STATEMENT THAT WHEREAS, the Declarants are the owners of various parcels of real estate being described as follows BEING all of that property as shown on that plat entitled "Marsh Oaks, SECTION I -A, at Brynn Mare" as recorded in Map Book 40, Page 1 a of the Onslow County Public Registry. WHEREAS, the subject property is subject to those certain Restrictive Covenants as and recorded in Book 1687, Page 956, Onslow County Registry, and WHEREAS, the Declarants wish to modify, amend and substitute the following restrictions in lieu of those set forth in,11ook 1687, Page 956 and any other restfictiopsin the chain of title to lands awned by Declarants and described above, WHEREAS, Declarant is the owner of or may acquire a certain tract of land located in Onslow County, North Carolina, (hereinafter referred to as "Development Area") and being more particularly described on Exhibit A AND WHEREAS, Declarant is constructing on a portion of the development area a "residential subdivision" which may include community facilities for the benefit of the community, ERWIN, SIl"SON & SUOUD Attorneys, P. I-C - Telephone (9I0) 346-3566 825 Gum Branch Road, Suite 115, P 0 Box 7206, Jacksonville, NC 28540 BOOK 1 755 PAGE058 BGGK 17 15 PAGE 333 with a planned mix of residential housing types, which may include without limitation detached single family homes and townhouses (hereinafter referred to as "Project"), AND WHEREAS, pursuant to 4717-1-101 et seq , Declarant desires to provide for the preservation and enhancement of the property values and amenities within said community and to provide for the maintenance of common areas, properties and improvements located thereon, and to this end desires to subject Project property to the covenants, restrictions, easements, charges and liens as are hereinafter set forth, each and all of which are for the benefit of said real property and each present and future owner thereof, AND WHEREAS, pursuant to 47F-I-101 et seq , 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 ofthe Project by adding additional phases by amendment to this Declaration by the recording, of an Amendment hereto; DECLARATION NOW THEREFORE, it is hereby declared that the Project property described herein is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and hens hereinafter set forth, said property being more particularly described as follows BEING all of that property as shown on Exhibit A-1 ("Project Area'), attached hereto and incorporated herein by reference as if fully set forth 1 Definitions ' a "Association" shall mean and refer to MARSH OAKS COMMUNITY SERVICES ASSOCIATION, INC, a North Carolina non profit corporation, its successors and assigns, b "Common Area" shall mean all real property owned by the Association, if any, for the common use and enjoyment of the Owners c "Declarant" shall 7riean and refer to HUNTER DEVELOPMENT CORPORATION, a North Carolina corporation, its successors and assigns d "Declaration" shall mean and refer to this instrument, as may from time to time be amended e "Living Unit" or "Unit" shall mean and refer to any portion of a stricture situated upon the Properties designed and intended for use and occupancy as a residence by a single family, including without limitation detached single family homes, townhouse homes, patio homes and condominium units f "Property" or "Properties" shall mean and refer to any of the real property which is or may be subject to this Declaration or Supplemental Declaration ERWIN, SRdPSON & STROUD Attorneys, P L.L C - Telephone (910) 346-3566 825 Ginn Branch Road, State 115, P Z Box 7206, Jacksonville, NC 28540 HfJfj f 1 f J IAttW .i 4 BUOK I? 5 5 I}ABE 4 5 9 g "Lot" shall mean and refer to any plot of land or condominium unit as defined in N C G S 47C-1403, shown upon any recorded subdivision map of the Properties with the exception of the Common Area, and includes any improvements thereon, if any h "Owner" shall mean and refer to the record owner, whether one or more persons or entitles, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation i "Parcel" shall mean and refer to a portion or part of real property, together with the improvements located thereon, which becomes subject to this Declaration This term shall include any additions to the existing Properties as herein provided j "Supplemental Declaration" shall mean and refer to any declaration of covenants, restrictions, easements, charges and liens recorded by the Declarant, or its successors and assigns, which applies to a specific Parcel within the Properties k "Project Property or Area" shall mean the total of the real property incorporated herein and described hereinabove in Exhibit A-1, together with all structures and other improvements thereon, together with such other portions of the Development Area as may from time to time be added to and incorporated in the Project Area by amendment of this Declaration 1 "Development Area" shall include that property descnbed in Exhibit A, all or part of which may from time to time be submitted to and made subject to the terms of this Declaration 2. Expansion of Properties into Development Ares The Declarant, for itself and its successors and assigns, hereby expressly reserves the right, but shall in no way be obligated, to expand the properties 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 the tract of land known as the Development Area and being more particularly described as follows BEING all of that property as shown on Exhibit A ("Development Area'), attached hereto and incorporated herein by reference as if fully set forth The Declarant may also identify and add to the development area by amendment hereto any other such property as Declarant in its sole discretion may determine An amendment to this Declaration shall be made and recorded in the Office of the Register of Deeds of Onslow County, North Carolina, to include each portion of the real property which is to be included within this Declaration, and each such portion of the real property shall constitute an addition to the Properties The right of the Declarant, or its successors and assigns, to expand the Properties as herein provided shall expire fifteen (15) years from the recording of this instrument or upon the sale of all of the properties described in Exhibit A-1 or Exhibit A 3 Supplemental Declarations Declarant shall have the nght, from tune to time, to record Supplemental Declarations for portions ("Parcels") ofthe Properties which may designate specific use and other restrictions within ERWIN, SIMPSON & STROUD Attorneys, PJL L C - Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P 3 Box 7206, Jacksonville, NC 28540 90Y 17 15 ME 3 3 5 BOOK 1755 PAUE 0 6 0 said Parcel, may create Common Areas within such Parcel for the use only of Owners of Lots in said Parcel, and may create an internal owners association within said Parcel, provided, however, no Supplemental Declaration shall avoid membership in the Association by Owners of Lots in said Parcel, nor shall any Supplemental Declaration modify or amend the terms of this Declaration or of any prior Supplemental Declaration for another Parcel 4 CommonA= a Dedication The Common Areas, if any, in each Parcel shall be dedicated as such by the Declarant, or its successors and assigns, before the first Lot in each Parcel is conveyed to an Owner b Mainteringg. The Association shall be responsible for the exclusive management and control of the Common Areas and all improvements located thereon (including recreational facilities, landscaping, fixtures and equipment related thereto), except as otherwise maybe provided for in a Supplemental Declaration This paragraph specifically empowers, but does not limit other powers, the Association to control and regulate the hours and periods of operation of al I recreational facilities in the development area, and all maintenance of landscaping in the Development area, even if in areas subject to a Sub -association created by amendment to this Declaration or the recording of a Supplemental Declaration. c. Owngtg ElsementEno ment 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 (1) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area, (2) the right of the Association to limit the number of guests of members, (3) the right of the Association to suspend the right 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 60 days for any infraction of its published rules and regulations, (4) 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 purposes subject to such conditions as may be agreed to by the Associatioir (5) 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 of the Common Area. Section 2 Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property Recreational facilities, if any, situated upon the Properties may be utilized by guests of Owners or tenants subject to the rules and regulations of the Association governing said use and as established by its Board of Directors Provided, however, that this Section shall not give any owner or guest the right to use any golf course facilities or marina located within the Property, if any shall be constricted ERWIN, SEUPSONi & STROUD Attorneys, P.L.I. C. - Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P 4 Box 7206, Jacksonville, NC 28540 896K 17 15 SAGE 3 3 6 BOOK 17 5 5 RAGE 0 6 r d Resmction on Alienation Notwithstanding anything contained herein to the contrary, the Association shall not alienate in any way or transfer all or any part of the Common Areas without the prior approval of all holders of outstanding first priority mortgages against any of the Properties that are subject to this Declaration, provided, however, this restriction shall not be applicable to grants of easements for utilities, storm sewer, sanitary sewer, road right of ways and other conveyances for dedication to the public 5 Associatioll Membership and Voting Rights - a Every Owner of a Lot shall be a member of the Association Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment b The Association shall have two classes of voting membership Class P Class I members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned When more than one person holds an interest in any Lot, all such persons shall be members The 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 CIass II. The Class II member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned For purposes of membership and voting rights under this paragraph, Declarant shall be deemed to own three (3) Lots for each undeveloped acre of land set out in Exhibit A and one (1) Lot for each three (3) apartments owned, which apartments are subject to this Declaration 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) when the total votes outstanding in Class I membership equals the total votes outstanding in the Class II membership or (2) on that date which is seven (7) years from the date of the recording of this document (3) at the discretion of Declarant. 6 ARCHITECTURAL CONTROL COMMITTEE Section I Except for onginal and initial construction and subsequent modification of improvements by the Declarant on any Lot which such construction is and shall be exempt from the provisions of this provision, no building, wall, fence, landscaping, berm or hedge which act as a fence or privacy inducing structure, pier, dock, ornamentation, or other structure or improvements of any nature shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping as may be required by the Architectural Control Committee have been approved in writing by the Architectural Control Committee Each building, wall, fence or other structure or improvements of any nature, together 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. Refusal of approval of plans, specifications and plot plans, or any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Committee deem sufficient. Any change in the appearance of any building, wall, fence or other 1 RWIN, SIlV2SON & STROUD Attorneys, PXX C - Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P Q Box 7206, Jacksonville, NC 28540 5 300K 1 71 5 PAGE 3 3 7 BOOK 17 5 5 PAGE 0 6 2 structure or improvements and any change in the appearance of the landscaping (excepting the planting of flowers and shrubs Indigenous to the area), shall be deemed an alteration requiring approval The Architectural Control Committee shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and Intent of this paragraph. Section 2 (a) Within 30 days after receipt of all required information, the Architectural Control Committee 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 30 days, the plan shall be deemed approved The response of the Architectural Control Committee may be an approval, a dental, an approval with conditions or a request for additional Information. A request for additional Information shall be deemed a determination that the Information submitted was Inadequate and the 30 day time period for response shall only commence upon the receipt of the requested additional information Conditional approvals may be granted and if approval with conditions is granted and thereafter construction begins, the construction shall be deemed approved by the owner of the lot of the conditions imposed (b) Refusal of approval of plans, specifications and plot plans or any of them may be based upon any ground, Including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Architectural Control Committee shall deem sufficient. The Architectural Control Committee shall make the following affirmative findings before any plans are approved (1) That the Improvements sought to be constructed will not have a negative economic Impact on any other lot within the subdivision (2) That all required specific buildings standards and other conditions contained within the Restrictive Covenants, By Laws and other subdivision documents have been met (3) That the improvements are architecturally compatible with proposed or constructed improvements on other lots within the subdivision. (4) That the natural features of the lot have been retained to the maximum extent possible Section 3 The paint, coating, stain and other exterior finishing colors on all buildings may be maintained as that originally installed, without pnor approval of the Architectural Control Committee, but prior approval by the Architectural Control Committee shall be necessary before any such exterior finishing color is changed Section 4 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 herem 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 Board Thereafter, all representatives shall be appointed 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 A majority of the Architectural Control Committee may take any action said Committee is empowered to take, may designate a representative to act for the Arclutectural Control Committee, and 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, the remaining members shall have full authority to designate a successor. The members of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this covenant. The ERWIN, SIMPSON & ST'ROUD Attorneys, P LXX - Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P 00 Box 7206, Jacksonville, NC 28540 gpfl� ! 7 t 5 PAGE 3 3 8 wx 17 5 5 PAGE 0 6 3 Architectural Control Committee may establish a fee to cover the expense of reviewing plans and related data at the time plans are submitted for review in order to compensate any consulting architects, landscape architects, urban designers or attorneys Section 6 Any Owner may appeal the decision of the Architectural Committee provided that all parties involved comply with the decision of the Architectural Committee until such time, if any, as the Board of Directors amends, or reverses the Architectural Committee's decision. Appeals petitions must be legibly written, state the grounds for appeal and be submitted to the Board of Directors within 30 days of the decision of the Architectural Committee The Board of Directors shall act upon the appeal by amending, reversing or confirming the decision of the Architectural Committee within 30 days of receipt of the petition. The Board of Directors' decision shall be by majority vote Any owner must exhaust this avenue of appeal prior to resorting to a court of law or equity for relief Section 7 Submissions for approval may be made to the Architectural Control Committee c/o the Association to any of the following. (1) the address to which an owner is directed to send assessments or dues as appears on the most recent billing statement, (2) the address of the Association Registered Agent as it is listed in the Office of the Secretary of State, or (3) at such address as may be provided in writing (on the letterhead of the Association and signed by the managing agent or officer of the Association) to the applicant upon request for instructions regarding submission ARCH -WA PAR(0020194) 7 Assessments ection I Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the owners in the Properties and for capital improvements and maintenance of the Common Area and any improvements thereon Section 2 Creatio . on f the Lien and Personal Obligations ofAssessment. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed, therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, (2) special assessments for capital Improvements, such assessments to be established and collected as hereinafter provided, (3) to the appropriate governmental taxing authority, a pro rata share of ad valorem taxes levied against the Common Area if the Association shall default in the payment therefor for a period of sic (6) months, all as hereinafter provided ERWIN, MPSON $ STROLID Attorneys, P.L.1»C - Telephone (910) 346-3566 825 Gun Branch Road, Suite 115, P 7 Box 7206, Jacksonville, NC 28540 3og i 115 PAGE 3 3 9 B00W 115 5 PAGE 0 6 4 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 such assessment, together with interest and costs, and reasonable attorneys' fees (as provided in North Carolina General Statutes Section 6-212) 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 obligation of an Owner for delinquent assessments shall not pass to his successors or assigns in title Section 3 Minimum Annual Assessment Assessments shall commence beginning the first day of the month following conveyance of the Common Area to the Homeowner's Association So long as Class If Membership exists, the Declarant shall pay no assessments but shall be responsible for any deficit in the operating budget The owner of each Lot upon which there has been completed a structure shall be obligated to pay the full amount of the assessment For the purposes of this paragraph, "completed" structures shall mean a structure which has actually tapped into any water or wastewater treatment system or has had provided to it either such service by pnvate means The owner of a Lot upon which construction is not complete shall pay only one-half(''/2) the annual assessment but be fully obligated to pay in full any other assessments or taxes levied against the Lot The determination of "completion" shall be made by the Association on the first day of January of each year and shall be binding for the remainder of the twelve (12) month period as to that Lot The Initial Annual Assessment shall be Seventy Five Dollars ($75 00) per year Section 4--Collection of Assessments (a) The first pro rata payment of the balance of the current year assessment shall be due and payable beginning the first day of the month following conveyance of the common area to the Homeowner's Association In addition thereto, at closing, the Declarant shall cause to be collected from the purchaser, an amount equal to two -twelfths of the then current minimum annual assessment for said lot payable by the Association This shall be used for the sole purpose and use as a working capital fund The Board of Directors shall fix the amount of the assessment against each lot at Ieast 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 -rats 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 I 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 five (5%) percent above the maximum assessment for the previous year without a vote of the membership Except, however, increases attributable solely to the addition of new amenities, new Common Areas or police and security purposes, shall not be subject to this limitation (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 5% 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 ERWIN, SIMPSON & STROUD Attorneys, P L L C - Telephone (910) 346 3566 825 Gum Branch Road, Suite 115, P $ Box 7206, Jacksonville, NC 28540 0006 ; 7 15 EDGE 3 4 0 40� 115 5 g6i 0 6 5 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 wluch is or may become subject to this declaration by a supplemental declaration hereto, then, notwithstanding anything contained therein to the contrary, all assessments made by and for any such association shall be paid to the MARSH OAKS COMMUNITY SERVICES ASSOCIATION, Inc , for bookkeeping and record keeping purposes, and shall then be transferred as necessaryto the appropriate association MARSH OAKS COMMUNITY SERVICES ASSOCIATION, Inc may charge a reasonable fee for its record keeping services and deduct same from assessments collected Section 5 Special Assessments for Capital Imnroygments In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assess- ment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the members of each class who are voting in person or by proxy at a meeting duly called for this purpose Section 6 R_ emedhes for Non -_Payment of Assessments. Any assessment which are not paid when due shall be delmquent. The assessment shall bear interest from the due date at the rate established by the Board of Directors of the Association, or if not set by the Board, at the highest rate allowed bylaw, together with such late fees as maybe set by the Board The Association shall file a lien of record against any lot where there remains an assessment unpaid for a period of 30 days or longer Said lien shall be filed in the office of the clerk of superior court of Onslow County in a manner provided therefor by Article 8 of Chapter 44 of the North Carolina General Statutes No Owner may waive or otherwise escape liability for the assessments provided for herein by the non- use of the Common Area or abandonment of his dwelling unit or site The Association may bring an action at law against the Owner personally obligated to pay any assessments and interest Costs and reasonable attomeys' fees for the prosecution of any such action shall be added to the amount of such assessment - In the event of such action at law and in the further event that such action results in a judgment being entered against the Owner and in favor of the Association, then, and in that event, the Association shall collect on such judgment in such manner and to the extent provided and permitted by the laws of the State of North Carolina The association's lien may be foreclosed m 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 assessments. 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 trustee shall 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 such 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 ERWIN, SZWSON & STROUD Attorneys, PXL LC. - Telephone. (910) 346-3566 825 Crum Branch Road, Suite 1 I5, P 9 Box 7206, Jacksonville, NC 28540 ,jog 11 C 5 PAGE 3 41 BOOK 1155 PARE 0 6 6 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 hum in such proceedings The proceeds ofthe Sale shall, after the Trustee retains his commission, together with any addition attorney's fees incurred by the Trustee, be applied to the costs of the sale, including but no 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 (060193) Section 7 Subordination of the Lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage Sale or transfer of any Lot shall not affect the assessment lien However, the sale or transfer ofany Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessment as to payments which become due prior to such sale or transfer No sale or transfer shalt relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof [05131/1] 8 General Restrictions a (i) Residential Use No lot, lots, or portions thereof shall be put to any use other than for residential purposes, except that any lot may be used by the Declarants for a street or roadway As to that property designated as "Project Property or Area" and set out in Exhibit A-1, no structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling or multi family dwelling (two-family or more residence with separate living quarters for each family), not to exceed two and one-half stories in height, (which may include separate living quarters for one or more members of the owners' family or relative), a private garage which may contain living quarters for occupancy by domestic servants of the lot occupant only, and such other outbuildings as may be reasonably appurtenant to the dwelling, provided that the same are constructed in line with general architectural design and construction standards used as the dwelling itself This covenant shall not be construed as prohibiting the use of a new dwelling as a model home for sales purposes. Notwithstanding the above, any additions to the Project property in the Development Area may be used for other such purposes as may be set out and/or limited in a Supplemental Declaration (n) Dwelling_ quality and size The ground floor area of the main structure, exclusive of one- story open porches and garages, shall be not less than 1000 square feet for a one-story dwelling nor less than 8000 square feet for a dwelling of more than one story, if a multi family dwelling, not less than 800 square feet of enclosed heated area (iii) Stoririwater Runoff The built upon area for each lot shall be limited to 4,953 square feet "Built upon area" shall mean that portion of the Lot which is covered by impervious or partially pervious cover including buildings, pavement, recreation facilities, etc , but not including decking This requirement as to built upon area shall not be waivable. This requirement shall not, however, apply to the "pool area," which is a common area and which built upon area shall not exceed 2,850 square feet This covenant is intended to insured continued compliance with stormwater runoff rules adopted by the State of North Carolina or any municipality or county, or any regulatory body or agency thereof, and therefore benefits may be enforced by the State of North Carolina or any municipality or county or any regulatory body or agency thereof Provided, however, that nothing in these covenants shall prohibit Declarant or any owner from exceeding ERWIN, SIMPSON & S7ROUD Attorneys, PJ L C. - Telephone (910) 346-3566 825 Gun Bmrh Road, Suite 115, P 4Box 7206, Jacksonville, NC 28540 Bov € 7 15 PAGE 3 4 40OW 115 5 PAR 0 6 7 density limits through permits properly obtained through all regulatory bodies havingaunsdiction (061995) sm,wtr par moM 090996 b Prohibited Structure No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporary or permanently No trailer, mobile home, camper or like vehicle, or any other structure which is finished or partially finished at a manufacturing unit or plant and transported for quick assembly or which is designed to be disassembled and relocated shall be used as a residence at anytime It is specifically the intention and purpose of this covenant to prohibit the location of mobile homes, trailers, modular houses, relocatable houses, or similar type structures on the property for use as a residence. This covenant shall not be construed as prohibiting the use of such a structure as a sales/rental model or office or construction site facility [05131/1 l c NMlsances No noxious, offensive, or illegal activity shall be carved on or conducted upon any Lot nor shall anything be done on any Lot that shall be or become an unreasonable annoyance or nuisance to the neighborhood All Lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted to remain on a Lot. No automobile, other velucle(s), motorcycle(s) or other similar items shall be repaired or placed "on blocks" or stands except in an enclosed garage Declarant, or Association, its successors or assigns, reserves the right to enter upon and cut grass, weeds, or undergrowth on any Iot or easement, but shall be under no obligation to do so. The Declarant or Association may contract for, and assess to owner, any maintenance necessary to enforce his covenant. d Animals- No animals, livestock, or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that household pets may be kept provided that said pet shall not exceed 90 pounds in weight and are not kept for breeding or commercial purposes Any such household pet shall not be allowed off the Lot of the Owner of said pet unless said pet is attended and on a leash Owners shall be solely and absolutely liable for the acts of any pet kept on their Lot. e QarbU—eand.Refi1LQtsggW No lot shall be used or maintained as a dumping ground for rubbish Trash, garbage or other waste shall not be burned or disposed of on any Lot and shall be kept except in sanitary containers approved by the Architectural Committee All equipment for the storage pnor to disposal of such material shall be kept in a clean and sanitary condition The placement of containers shall be approved by the Architectural Committee and, in any event, shall be kept in an enclosed area not subject to view from any person, from any direction The Declarant and Association reserves the right for itself, its successors and assigns, to contract for garbage collection services for each lot in the subdivision and the lot owner shall be responsible for the payment of such garbage services to the company providing the same, or the Association may make such a common expense or expense to a particular owner f Exterior Lights 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 Committee approval. g Sight Distance at Interseckions. 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 ERWIN, SIMPSON & S'IROUD Attorneys, P-I..I..C. - Telephone (910) 346-3566 925 Gum Branch Road, Suite 115, P i I Box 7206, Jacksonville, NC 28540 BOOK] 7 15 PAGE 3 4 3 BOOK 1 7 5 5 PAGE 0 6 8 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 Iines h Mailboxes All mailboxes shall retain the same style, design, color and location of the mailbox as originally provided at construction of any residence 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 Committee 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 i Signs, No sign, billboard, or other advertising of any kind, 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 save and except a professionally prepared "for sale" or "for rent" sign not to exceed six (6) square feet in size Although approval by the Architectural Committee is not required prior to the display of such signs, the Architectural Committee may itself remove, have removed, or require the removal of any such sign which in its opinion would not otherwise be allowed under paragraph 6 of this Declaration A valid easement shall exist on any Lot for such removal by the Architectural Committee or its agents Provided, however, nothing shall prohibit or limit in any manner "construction" signs designating thejob site and builder which maybe placed upon a Lot during the period of the construction of a residential dwelling on the Lot but must be immediately removed upon final completion of such construction Notwithstanding the above, any additions to the Project Property in the Development area may be fiarther limited in regard to signs, billboards or advertising as set out in any Supplemental Declaration Nothing herein shall prohibit any sign erected by the Declarant or its assigns 7 Antennas There shall be no exterior antennas of any kind for receiving and/or sending of T V , radio or other signals unless same have first been approved by the Architectural Committee 082896 k DnveV-W/Parkirla All driveways constructed on any Lot shall be paved with either asphalt or concrete The use or construction of a headwall or other ornamental structure, gravel, rock or other material at or around the driveway culvert shall be prohibited The earthwork extending from the driveway to each end of the culvert shall be gently sloped and sodded, as approved in each case An Owner shall provide a m imum of two (2) paved off-street parking spaces, excluding garage space(s) and shall provide at least one per automobile or other vehicle owned and regularly used at the Lot. On street parking is prohibited except for temporary, short gatherings I Vehicles, Boats, Storage. Travel 'Trailers. etc. No vehicle without current inspection stacker, vehicle over 5000 pounds empty weight, or bus shall be parked overnight on any lot except in an enclosed garage, provided, however, guests of an owner may so park such vehicle for a period not to exceed seven (7) days each calendar year A pleasure boat on its trailer may be parked and raw firewood, bicycles, motorcycles, or other items may be stored only on that part of any lot away from the street lying beyond the front line of the house so that it is not viewable from any street No automobile, othervehicle(s), motorcycle(s) orother similar items shall be repaired orplaced "on blocks" or stands except in an enclosed garage (05/31/1) ERWIN, SIi13PSON & STROUD Attorneys, P L.C. C. - Telephone (910) 346-3566 M Gum Branch Road, Suite 115, P 2Box 7206, Jacksonville, NC 28540 400K 1 7! 5 PAGE 3 4 NOX 17 5 5 PAGE 0 6 9 m Window Appearance• All draperies or other window dressings in each dwelling unit shall be white or off white or in lieu thereof shall have a white lining n Trees Except as to development or construction by Declarant, or as may be approved by the Architectural Committee, no tree four (4") inches in diameter at any location on said tree or ten (10') feet in height shall be cut, removed or intentionally damaged on any Lot unless first approved by Architectural Committee. o Swimmingpools Outdoor swimming pools, hot tubs,Jacuzzis,and other similar facilities may be located on a lot only after the Architectural Committee approval, and shall be screened and fenced All such improvements shall be subject to approval of and compliance with all governmental laws and regulations. p Clotheslines. Clotheslines shall be not more than six (6) feet in height from the ground and shall not be viewable from the street, or shall be surrounded by a privacy fence approved by the Architectural Control Committee q Fence Minimum Requirements. No fends o,. er 6 feet in height shall be constructed on any lot No fence shali be erected between any building and the street right of way unless such fence shall be of an ornamental nature Brick and split rail fences shall be deemed to meet the requirements of this restriction Any portion of any f enrc 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 Architectural review requirements must be met prior construction of any fence 082896 8 1 MULTI -FAMILY DWELLING SPECIAL PROVISIONS Section 1 ConveMnce of Multi -Family nit: Regardless of any provision in these restrictive covenants to the contrary, nothing shall prohibit or prevent the conveyance of a part or portion of any lot to order to convey one separate living quarters residence of a multi family dwelling Section 2 Party Walls 1) General Rules of Law to Apply. Each wall which is built as apart of the original construction of the homes upon the properties and placed between the separate living quarters of a multi family dwelling shall constitute a party wall, and, to the extent not mconsistdnt with the provisions of this Paragraph the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto 2) Sharing of Repair and Maintenance The costs of reasonafile iepair and maintenance of a party wall shall be shared by the owner who makes use of the wall in proportion to such use - 3) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if#he other owners thereafter make use of the wall, they shall contribute to the costs of restoration thereof in proportion ERWIN, SIMPSON & STROUD Attoraen PJ_LC - Telephone (910) 346-3566 629 Gum Bnmch Road, Suite 115, P 0 Box 7206, Jacksonville, NC 28540 40 NON 17 15 RABE 3 4 5 %0 115 5 pg 0 Z� to such use without prejudice, however, to the right of any such owner to call for a larger contribution for the others under any rule of law regarding liability for negligent or willful acts or omissions 4) Weatherproofing Notwithstanding any other provisions of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements 5) Right to Contribution Runs with Land The right of any owner to contribution from any other owner under this Paragraph shall be appurtenant to the land and shall pass to such owner's successors in title 6) Arbitration In the event of any dispute arising concerning a party wall, or under the provisions of this Paragraph each party shall choose one arbitrator, and the decision shall be by a majority vote of all the arbitrators. The arbitrators shall choose another arbitrator to break any tie , or deadlock [05/31/1] 9 Strect Lighting Agreement. The Declarant and Association reserics t.`.e right to subject the real property to a contract with an electric utility company for the installation of underground electric cables and/or the installation of street lighting, either or both which may require an initial payment and/or a continuing monthly payment to an electric utility company or Association by the owner of Lot 10 RcstrictionQn_Further Subdivision - No Lot which has been designated as such by Declarant by either recorded plat or by Supplemental Declaration shall be further subdivided or separated into smaller Lots, without the prior written consent of the Association. This restriction shall not apply, however, to Declarant 11 Easements a Uti ltty.Easements There is hereby reserved by the Declarant, its successors and assigns, the utility easements as shown on the recorded plats of the Parcels or included within the Supplemental Declarations pertaining to the Parcels Said easements maybe used for the purpose of installing, maintaining, repairing and replacing all utility service lines and systems including, but in no way limited to, those for water, sewer, gas, telephone, electricity and cable television In addition to the above, there is hereby reserved for the benefit of each owner, an easement over each parcel or lot of each other owner a blanket easement and right of way on, over and under the ground within a parcel or lot for the purpose of mstalhng, maintaining,. repairing and replacing all utility service lines and systems including, but in no way limited to, those for water, sewer, gas, telephone, electricity, cable television and garbage or refuse collection and pickup [0513111] b Easement L9 Correct Drama e• For aperiod 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 ground within a Parcel to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance Such right expressly includes the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar ERwIN, SIMPSON & 9MOUD Attorneys, P.L.I..C. -'telephone (9I0) 346-3566 825 Gum Branch Road, Swte 115, P 4 Box 7206, Jacksonville, NC 28540 ME 1 7 15 PAGE 3 4 6 600W 1 15 5 pw 0 11 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 ofthe Declarant an emergency exists which precludes such notice At the exptration of such two year period, said easement to correct drainage shall automatically be held by the Association c Encroachments In the event any portion of Common Area encroaches upon any Living Unit or any Living Unit encroaches on a Common Area as a result of construction, reconstruction, repair, shifting, settlement or movement of any portion of the Properties, a valid easement for the encroachment and for the maintenance of same shall exist so long as the encroachment exists d Association Maintenange., The Board of Directors of the Association and the Architectural Board, acting through the Association, its officers, agents, servants and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably be necessary for maintenance. e Common Areas Easements are also reserved over those portions of the Common Areas, if any, that may be necessary or required to accommodate overhanging eaves or other cantilevered construction which may encroach upon the common area or the air and hght space above such common area f Grant to Others The Declarant or Association may grant permits, licenses, and easements over any common area or utility easement reserved elsewhere for utilities, roads or other purposes reasonably necessary or useful for the Project maintenance or operation of the Project 12 Variances - The Association 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 I2.1 VA or FHA Approvals So long as there exists a Class II membership, the following actions will require the prior approval of the VA or FHA. Annexation of additional properties, (other than set out in Exhibit A or A-1) dedication of common areas, amendment to the Declaration 13 edies- In the event of a violation or breach of any of these restrictions, covenants, agreements and conditions by any person or concern claiming by, through or under the undersigned, or by virtue of any judicial proceedings, the Association, its successors acid assigns and the owners of the number lots in the subdivision, or any of them, jointly or severally, shall behave the right to proceed at law or in equity to compel compliance with the terms thereof or to prevent the violation or breach of any of them Costs and reasonable attorney fees shall be recoverable by the Assocciaf on as part Qfany judgment or order to enforce these Restrictive Covenants The failure to enforce any nght, reservation, restriction or condition contained herein, however long continued, shall -not be deemed ERwIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone (910) 346-3566 825 Gum Blanch Road, Stute I IS, P i 5 Box 7206, Jacksonville, NC 28540 r Bog ' -1 1 5 WE 3 41 BOOK 115 5 1'AgE 0 7 2 a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement ENFCMT 0020294 13 1 Remedies Extended to the of -North- Carolina To ensure that this subdivision is maintained consistent with the laws of the State of North Carolina, the State of North Carolina is specifically empowered to take such acts necessary by and through its officers to enforce any of these covenants against an owner or the Association. The State of North Carolina is specifically made a beneficiary of these covenants 14 Rights of Mortag,aees, (a) Notice of action A holder or insurer of a mortgage, upon wntten 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 timely wntten notice of 1 Any condemnation or casualty loss that affects either a material portion of the project or the Lot securing its mortgage 2 Any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Lot upon which it holds a mortgage 3 A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. 4 Any proposed amendment to the project instruments effecting a change in the boundaries of any Lot, ownership of Common Elements, if any, the number of votes in the Association pertaining to any Lot or any proposed change in the restrictions on the properties 15 losurance. Section 1: The Association's Board of Directors, or its duly authonzed agent, shall have the authority to and shall obtain blanket all-risk insurance, for all insurable improvements on the Common Area If blanket all-risk coverage is not reasonably available, then at a minimum an insurance policy providing fire and extended coverage shall be obtained This insurance shall be in an amount sufficient to cover one hundred (1000/*) percent of the replacement cost of any repair or reconstruction in the event of damage or destruction from any insured hazard The Board shall also obtain a public liability policy covering the Common Area, the Association and its Members for all damage or mjury caused by the negligence of the Association or any of its members or agents. The public liability policy shall have at least a One Million and no/100 ($1,000,000 00) Dollar single person limit as respects bodily mjury and property damage, a Three Million and no/100 ($3,000,000.00) Dollar limit per occurrence, and a Fide Hundred Thousand and no/100 ($500,000.00) Dollar minimum property damage limn Premiums for all insurance on the Common Area shall be common expenses of the Association. This policy may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost The deductible shall be paid by the party who would be responsible for the repair in the absence of insurance and in the event of multiple parties shall be allocated in relation to the amount each parry's loss bears to the total. ERWIN, SIMPSON & STROUD Attorneyy PI -LC - Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P i 6 Boot 7206, Jacksonville, NC 28540 41 ,SOCK ' 7 1 S PAGE 3 4 8 BOOK 1155 p&SE 013 Cost of Insurance coverage obtained by the Association for the Common Area shall be Included in the regular assessment. All such Insurance coverage obtained by the Board of Directors shall be written in the name of the Association as Trustee for the respective benefitted parties, as further Identified in (b) below Such insurance shall be governed by the provisions hereinafter set forth (a) All policies shall be written with a company licensed to do business in North Carolina which holds a Best's rating of A or better and is assigned a financial size category of XI or larger as established by A M Best Company, Inc, if reasonably available, or, if not available, the most nearly equivalent rating (b) All policies on the Common Area shall be for the benefit of Owners and their Mortgagees as their interests may appear (c) ExcIusive authority to adjust losses under policies in force on the Properties obtained by the Association shall be vested m the Association's Board of Directors' provided, however, no mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto (d) In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their mortgagees. (c) All casualty insurance policies shall have an inflation guard endorsement, if reasonably available, and an agreed amount endorsement with an annual review by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the area (f) The Association's Board of Directors shall be required to make every reasonable effort to secure insurance policies that will provide for the following (i) a waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, its mar*ger, the Owners, and their respective tenants, servants, agents, and guests, (n) a waiver by the insurer of its rights to repair, and reconstruct, instead of paying cash, / (m) that no policy may be cancelled, invalidated or suspended on account of anyone or more individual Owner, (rv) that no policy may be cancelled, invalidated, or suspended an account of the conduct of any Director, officer or employee of the Association or its duly authorized manager without pnor demand in writing delivered to the Association to cure the defect and the allowance of a reasonable time thereafter within which the defect maybe cruel by -the Ass=ation, its manager, any Owner, or mortgagee - ERWIN, SIMPSON & STROUD Attorneys, P.L.L.0 - Telephone (910) 346-3566 825 Gum Branch Road, $cute 115, P 17 Box 7206, Jacksonville NC 28540 POOK 17 15 WIL 3 4 9 BOOK 1 7 5 5 PAGE 0 7 4 (v) That any "other insurance" clause in any policy exclude individual Owners' policies from consideration, and (vi) that no policy maybe cancelled or substantially modified without at least thirty (30) days' prior written notice to the Association In addition to the other insurance required by this Section, the Board shall obtain, as a common expense, worker's compensation insurance, if and to the extent necessary, and a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds. The amount of fidelity coverage shall be determined in the directors' best business judgment but may not be less than three (3) months' assessments, plus reserves on hand reviewed and adjusted annually, with minimum of $25,000 00 Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to the Association The Association shall purchase officers and directors liability insurance, and every Director and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including attorney's fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a Director or Officer of the Association, whether or not he is a Director or Officer at the time such expenses are incurred, except in such cases wherein the Director or Officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties, provided, that in the event of any claim for reimbursement of indemnification hereunder based upon a settlement by the Director or Officer seeking such reimbursement or indemnification, the indemnification herein shall only apply if the Board of Directors approves such settlement and reimbursement as being in the best interests of the Association The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such Director or Officer may be entitled Section 2 Disbursement of Proceeds. Proceeds of insurance policies shall be disbursed as follows (a) If the damage or destruction for which the proceeds are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be disbursed in payment of such repairs or reconstruction as hereinafter provided Any proceeds remaining after defraying such costs of repairs or reconstruction to the Common Area or, in the event no repair or reconstruction is made, after making such settlement as is necessary and appropriate with the affected Owner or Owners and their mortgagee(s) as their interest r6y appear, shall be retained by and for the benefit of the Association and placed in a capital improvements account This is a covenant for the benefit of any mortgagee of a Unit and maybe enforced by such mortgagee (b) If it is deterni med, as provided for in Section 4 of this Article, that the damage or destruction to the Common Area for which the proceeds are paid shall not be repaired or reconstructed, such proceeds shall be disbursed m the manner provided for excess proceeds in Section 3(a) above ection 3 Damage and Destruction, ERWIN, SIMPSON & STROUD Aft me3% P- -I-C - Telephone (910) 346-3566 825 Gum Branch Road, Swte 115, Pig Box 7206, Jacksonville, NC 28540 f 990K ! 7' 5 PAGE 3 5 0 GOOK 1 7 5 5 PAGED 7 5 (a) Immediately after the damage or destruction by fire or other casualty to all or any part of the Properties covered by insurance written in the name of the Association, the Board of Directors, or its duly authorized agent, shall proceed with the filing and adjustment of all claims ansmg under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed Properties. Repair or reconstruction, as used in this paragraph, means repairing or restoring the Properties to substantially the same condition in which they existed prior to the fire or other casualty (b) Any damage or destruction to the Common Area shall be repaired or reconstructed unless the Voting Members representing at least seventy-five (75%) percent of the total vote of the Association whose common property is damaged, shall decide within sixty (60) days after the casualty not to repair or reconstruct.. If for any reason either the amount of the insur- ance proceeds to be paid as a result ofsuch damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such information shall be made available, provided, however, such extension shall not exceed sixty (60) additional days No mortgagee shall have the right to participate in the determination of whether the Common Area damaged or destroyed shall be repaired or reconstructed (c) In the event that it should be determined in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the affected portion ofthe Properties shall be restored to its natural state and maintained by the Association in a neat and attractive condition Section 4 Repair and Reconstruction, If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the members -if each class, levy a special assessment against all Owners in proportion to the number of Lots owned, provided, if the damage or destruction involves a Lot or Lots only Owners of the affected Lots shall be subject to such assessment Additional assessments may be made in Iike manner at any time during or following the completion of any repair or reconstruction 16. Amendment (a) These restrictions are subject to being altered, modified, cancelled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof during the first twenty (20) year period by written document executed by the Declarants or their successors in title and by the owner of not less than ninety percent (90%) of the subdivided lots or parts of said subdivision to which these restrictions apply, and recorded in the office of the Register of Deeds of the County in which this Declaration is recorded After the expiration ofthe initial twenty (20) year period, these restrictions are subject to being altered, modified, cancelled or changed at any tune as to said subdivision as a whole or as to any subdivided lot or part thereof by wntfen Tocument executed by not less than seventy-five percent (75%) of the Lot Owners, and recorded in the office of the Register of Deeds of the County in which this Declaration is recorded- (b) Notwithstanding the above, Declarant may amend this Declaration in accordance with Paragraph 3 above to add additional property to this Declaration - [05/31/1] - ERNVIN, SIMPSON & STROUD Attorneys, P.LLC. - Telephone (910) 346-3566 825 Gum Branch Road, State 115, P i9Box 7206, Jacksonville, NC 2&W BODE 1715 PAGE 3 51 BOOK 1 7 5 5 FaE D 7 6 17 Declarant`s Rights Any or all of the special nghts and obligations of the Declarant may be transferred to other persons or entities, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained herein, and provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the county in which this Declaration is recorded Nothing in this Declaration shall be construed to require Declarant or any successor to develop any of the property set forth in Exhibit A in any manner whatsoever Notwithstanding any provisions contained in the Declaration to the contrary, it shall be expressly permissible for Declarant to maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion ofDeclarant, successors and assigns, may be rea- sonably required, convenient, or incidental to the sale, re -sale, or rental of such Lots, including, but not limited to, business offices, signs, model units, and sales/rental offices. The Declarant shall have an easement for access to such facilities and activities shall lncli;de specifically the nght to use residences owned by the Declarant, if any, and any which may be owned by the Association. The Declarant shall have the rights (i) to use or grant the use of a portion of the Common Area for the purpose of aiding in the sale, or rental, or management of Lots, (u) to use portions of the Property for parking for prospective purchasers or lessees of Lots and such other parties as the Declarant determines, (m) to erect and display signs, billboards and placards and store and keep the same on the property; (1v) to distribute audio and visual; promotional matenal upon the Common Area, and (v) to use or permit to be used any Lot which it owns or leases as a sales and/or rental office, management office or laundry and maintenance facility So long as Declarant continues to have rights under this paragraph, no person or entity shall record any declaration of restrictions and protective covenants or similar instrument affecting any portion of the Properties without Declaranes review and written consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of restrictions and protective covenants or similar instrument being void and ofno force and effect unless subsequently approved by recorded consent signed by the Declarant This provision may not be amended without the express written consent of the Declarant, provided, however, the rights contained in this provision shall terminate upon the earlier of (a) fifteen (15) years from the date this Declaration is recorded, or (b) upon recording by Dcclarant of a written statement that all sales activity has ceased 18 General Prov st ions- 1 Duration The covenants and restrictions set forth herein shall run with and bind the Properties for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall automatically be extended for successive ten (10) year periods unless otherwise terminated by a vote of seventy-five percent (75%) of the then record Owners of all Lots within the Properties 2 Severabi lgy Invalidation of any one of the covenants or restrictions by judgment or court order shall in no way affect any other provisions Winch shall remain in full force and effect ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone (910) 346-3566 825 Gum Btanch Road, Su to 115, P 200 Box 7206, 7achsonviHe, NC 28540 gog.' ! 1 15 PAGE 3 5 i0ow 115 5 ?a 011 3 Captions The captions used in this Declaration are inserted solely as a matter of convenience and shall not be relied upon or used in construing the effect or meaning of any of the text of this Declaration 4 Con5truction Whenever the context so requires, the use herein of any gender shall be deemed to include the plural and the plural shall include the singular 5 Litigation No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five (751%) percent of the membership and a majority of the Board of Directors This Section shall not apply, however to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (b) the imposition and collection of personal assessments, (c) proceedings involving challenges to ad valorem taxation, or (d) counterclauns brought by the Association in proceedings instituted against it This 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. 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 of Directors, this the day and year first above written HUNTER DEVELOPMENT CORPORATION CORP ATE SEAL By President ATTEST �1�'� Asst Secrvary !1 CORFrQRATE SEAL Cl� ERWIN, SIMPSON & STROUD Attorneys, P LJ_C --Telephone (910) 346-3566 825 Gum Branch Road, Suite 115, P 21 Box 7206, Jacksonville, NC 28540 POOK t 715 PnGE 3 5 3 BOOK 1 7 5 5 PAGE 0 7 8 EMMEr A. (DEVELOPMENT AREA) ( METES AND BOUNDS FOR ALL SECTIONS OF Marsh Oaks at Bryan Marr) EXHIBIT "A" That certain tract or parcel of Land LYL=cj and being situate In the City of Jacksonville, JackocarLlie Tawoehip, Onslow County, North caroiioa and being bounded on the north by the property of 8synn Harr Homes, rne. (0.e- 1065 V. 7901# the property of Penuai and golden (0.s. 1038 P. 6841. country Club HL11s Section 1-A subdivLsiou (H.S. 27 P. 2311 and CanocrY club Hills Section 2-A subdivision. (H.B. 21 A. 9811 on the east by the property of BLghland Associates, Inc. (O.B. 1001 P. 5591 and Northeast crooks on the south by 9ortheast Creeko the property of the city )of Jacksonville (O.B. 639 P. 2941 and cottaga Cove subdivLaian (H.S. 27 P. 61)p and on the west by arynn Harr section-7-4 subdivision (H.a. 23 P. 189 a 189l1), Sryna Harr saction 7-0 suWLvLsion. (81.8. 22 F. 151, arynn Harr section 7-A subdivision. (U.S. 19 P. 931, Bryan Harr section 7-0 subdivision (H.B. 23 P. 571, "n Hasr station 7-9 phase 1 subdivision (H.S. 27 P. 2321 and "a Harr Section 7-9 phase 2 subdivision (H.S. 28 P. 2171 and being more partLcslarkr daaaribad ae tallawaa B=ZHN1N0 at an Iran pipe La the centarLLea of Corbin street, said point of beginning being N 09" Ole 16- 9 244.11 teat gram :he centsrllne Intersection of Corbin. Strata and ahadwridge hands thence, green &aid point of beginning a 440 09' 84" N 29.92 test to an iron pipes thence, along the northern boundary hues of the atorsnentioned Bryan Harr subdivision Sections the followings N $39 04$ 380 8 103.29 feet to an Iron pipe, N 070 49' 89- 9 to.= fast to an Lon. pipe, N 27. 30' 18' V 99.19 fast ,to an item pipe, N 16e 23' 030 N 90.44 test. 9 41. 38, 49' N 23S.34 feat. H 790 03, 38" Is 153.9a last. N 490 15' 171 N 90.14 feet. N 62. 10' 50" N 294.42 cast. N $7. 82' So- N 11s.60 test, a 800 42, 30' V SE.45 feet to an Iran pipe, 8 46. 07' 30'"N 63.8a fast to an iron pipe, N 28. 281 41' N 332.43 test tot an tease pips. N 13- 51' SO" N 362.27 fast to an iron pipe, N 36o OB' to' 9 116.30 feet to an It= pipe. N 262 42, $9' 9 154.71 feet to an iron pipe, N ate S4' fs" a 164.71 teat to an iron pLpo. N 60' 53, 42' 9 228.20 foot t0 an Iion pips *N Us 02' 10• 9 149.94 test to an Iran pipe, H 53• 41' 37- V 239.38 test in an Loon papa, H 90. 40' 28' g 144.27 toot to an iron pipe, 2 390 19' 32" N 25.97 toot to an iron pipe, S 380 49' 27' W 10.00 teat along the chord of a aurvs to an Iron pipe, said carve having a radius of SO4.22 fe4j M 310 20, 290 N 173.11 feet to an Iron pipe, 0 610 $7' 14' 9 =69.40 fast to an i:;on pipe, N 28. 00' 36- 0 190.70 feet to an iron pips, 9 700 17' 09- 9 59.32 test along the chord of a curve to an Iron pipe, said corn leaving a radius of 900.0o taste N 12' 10' 28" R 120.84 test to an Le= pipe• a 17. 49' 320 R 80.00 toot to an Iron pipe, a 770 08' 4s- N 16S.S8 feet to an Lotion. pipe, N 130 /12 - 03- W 142.43 foot to an Iran pipe In the eastern Uns at the property of Bryan Harr Namest ina.s thanas, leaving the boundary line of the ateremontioned 8rynn Harr subdivision sections and with the eastern Una of the erynn Harr Names. Inc. property the tollowings N 770 36' 030 9 72.27 test to an Iran pipe. N 400 00' 000 s 287.66 toot to an L:an pLps. N 226 48' 37. 0 $6.47 toot to an iron pipe in the lines of the Ponssi and golden propertys theacc. Leaving the eastern line of the 817nn KXXV R men.. Inc. property and with the golden Penual property the fpllowLags N 87. 25, 44' Z 86.31 toot to an Iron pipe, s 92a as 17- S 154.88 fast to an. Iron pipe In :he southern boundary of counter club Sills section 3-As thence, with :he southern boundary at CauntxT club Hills seatlon 3-1% the foilowingt N 799 30, 48' 9 351.09 goat to an Iron pipe, N 80. 00' 440 2 $8.50 tact to sn « N 286 24' 58" £ 290.00 fast to an i=n pipes ERW]N, SiMPSON & S MOUA A#oroays, p.LLC.-'relghwc. (910) 34&3566 825 Gum Branch Road, Sex 115. P 0 eon. 7206, Jacksonville, NC 28540 (Continued) EXHIBIT "A" iron pipe, a 280 259 11" 1 49.28 feet to an iron pipe, 3 33# 28. 43" 5 284.38 test to an iron pipe, 8 68" 43' 09" 2 79.05 test to an Lron pipe. 0 62" 31' 20" 8 229.45 teat to an iron pipe. N 34" 00' 41" 1 276.87 toot to an iron pipe, a 39. 23' 23" w 29.78 east to an iron pipe in the eastern boundary line of Country club gills Suction 2-41 thence, with the a4scarn boundary line at Country club gills Section 2 A the followings 8 64. 04' 20" 2 133.86last to an iron pipe in the south right -of -fray at Via* valley �y Road, N 90" 521 11" 8 83.36 teat to an iron pipe in the worth right-af-way of Viva Valley Raad, N 42" 03' 31" 1 96.97 Last to a paint in the Highland Associates, ino. Impartyl thancee with the boundary line at the Highland avicaiatest Inc. property the followings a 30. 20' 40. 1 18s.96 tact, 9 80" 26' 050 1 61.80 teat# N 779 00' 19" 8 66.71 Emote N 74" 44, 42" 9 57.01 Emote 6 90" 00' 00" 1 $5.00 test. 9 78. 13' 84" 2 122.58 teat, H 83• 39' 35- 2 45.28 goat, a 90. 00' 00" t 60.00 test, a 74• 02' 17" t 36.40 test# a 630 25' 06" ! 44.72 toot, a 54. 27' 44" 2 43.01 toot, 6 360 $2' 12" 2 100.00 goat, a 15" 26' 43" 2 36.40 feet* S 600 56' 43" 8 $1.48 fast, 3 Sao 18' 36" s 14.08 last@ 8 30 33' 220 S 69.46 fast, a 48. 00' 00" S 42.43 tests S $50 18' 36" g 94.08 teat, a 48' 009 00" 2 113.14 toot, S 61' 23' 22" X 62.65 teat to a point an the bank of Northeast Creeks thence, along the sreoader of Northeast Crash and Its trlbmtarlem the followings S 18• 294 08" Q 31.42 teat# a 05. 11' 40" V 52.23 feet, a 21" 48. 05" s 26.93 Emote, 6 40" 369 08" 2 46.10 teat, 2 41" 38' 01" 9 60.21 test, 5 23* 11' 88" 2 38.08 teat, a 36. 92' 12" 1 $0.00 East# 8 09. 27' 44" t 30.41 test# a 26" 133' $4" 2 22.26 Emote 4 530 07' 44" 1 29.00 teat, 8 73' 18' 63" 2 52.20 teat, a 75* 57. $0" 2 92.46 tart# g 71" 339 $4. 8 47.43 tact, S "" 100' 00" 9 94.85 feet, a 590 26, 38" 2 42.72 goat, 8 770 289 16" 9 46.10 teat. N 46' 239 25" 9 90.16 teat, S 74" 03' 170 8 36.40 goat, 3 450 Coe 00" 2 42.43 took, a 23" $7' 45" 8 94.49 toot# 8 300 15' 23. 8 69.46 feet, a 200 33' If" 2 42.72 lost, 8 330 419 34" 1 36.06 feet, a 00' Coo 000 it 25.00 test, 8 450 00' 000 N 42.43 last, 8 21" 48' 050 U 26.23 toot, S 030 48, 51" 9 75.17 lost, 9 101 18' 17" 2 $8.90 teat, 6 17" 06, 10" E 68.01 Cents 4 26. 339 54" 8 89.44 feet, 4 430 00' 00" 8 77.70 toot, 5 $4' 17' 22" 2 $0.33 Emote N 630 26' 06" 2 44.72 goat@ 8 80. 329 16" 2 30.41 feet. 6 26. 339 $4" 1 95.90 feet, 4 326 41' 24" N 26.06 foot, 1 $9. 02 to" A 58.31 tact, a 00. 00' 00" 9 90.00 goat, 8 150 S6' 43" 2 35.40 toot, S 38- 39' 35" 9� 32.02 fast# S 75" 57' 50" A 41.23 teats 4 84" 17' 22" t 50.2s lest, 'S 90. 00, 00" a 60.00 last# S 68. 11, s5" 8 Silos last, S 80" 32' 16" 2 30.41 feat, 8 79" 41' 43" 8 55.90 toot# 4 39e 489 20. 8 39.03 last, S 15s 13' 18" 1 37.01 toot# 8 He 02' i0" it 41.23 fact. 3 50" 11, 40, W 39.03 feat, S 560 189 36" W 36.06 toot, S 21" 48' 09" w 26.93.E■at, 3 110 18' 36" 9 90.99 last, 4 08. 07' 48- 9 23.34 teat, 8 05. 11' 40" M SS.23 East* 6 00" 00' 00" W 30.00 tarot# 8 32. 00' l9" 9 47.17 teat, 3 23• 11' 53" 2 38.08 fast, a $is 20, 25" 9 32.02 left, 4 60w 15' 16" t 40.31 feet, a 740 03' 17. 9 34.40 tarot, 6 909 00' 00. 1 $0.00 test. 8 56" 46, Q8- 8 38.08 teat, S 39e 48' 20" 9 39.05 feat* 8 21. 02' 15" 8 69.64 toot, S 36" 01' 39" 2 60.01 toot. 8 08• 07' 48" 2 30.36 teat, S 630 26' 06" v 22.36 last* N 690 37' 45" B 69.64 feat, a 05" 42' 38" 9 50.23 toot, 3 120 - S9' 410 V $6.7% toot, S 33" 07' 48. 8 $0.00 fast, 8 23. 37' 45" 8 49.24 feet. 8 820 20' IS" 8 32.02 goats 5 48• 21' 89" 8 Mai goat, a 71" Ov 410 1 97.00 goat, S 41" 01, 39" 8 96.18 foot, S 71. 334 540 4 63.23 toot, S 34" 14' 460 2 154.03 last, 6 270 43* 31" 8 107.36 test, 8 176 44' 41- W 131.24 toot, S 50" 114 40" 9 78.10 Cost, 8 24. 46' 31" 1 71.59 feet, S 35" 00' 29" t 62.03 goat, S 360 $2' 120 8 200.00 feet, 3 29. 85' 53" 1 190.39 " toot. S 21. 02' 13" 1 139.28 Last.-S 14• 02. to- 8 206.16 fact, S 219_480 as" 9 53.85 feet, S-560 02' 130 9 49.24 feet. 3 32. 28' 168r t 130.38'tast. (Continued) EXHIBIT '96K i I 15 Pooh 3 5 5 3 22' 22' 48' C 21.92 Last, a 30* 32' 214 W 83.44 feet, 3 25* 32' 16' W 43.01 test. 3 78' 41' 24" N S0.99 goat, 9 36* 52' 12' W 73.00 foot, 3 56• is, id' W 54.08 feat. H 14* 02' 20' W 61.05 iaat. H 05* 11' do- 2 110.45 feet, 9 10* 00' 29* 11 172.83 test, N 47' 07' 16' 11 99.32 test, N 59* 02' 10" W 87.46 test, N 1S* 18' 38* 9 201.98 test, N 41' 38' 01' W 130.42 feet, 8 30' 51' la' N 112.34 Cast, N 34* 419 43" R 79.06 teat, N 35' 08• 03" 9 165.08 fast, 11 29* 34' 40% 9 212.72 teat, N 08* 44' 46" L 65.76 teat, a 11* 100 360 9 76.40 fast, 11 16* 41' 57' 2 $2.20 cast, N 36' $21 12' 11 90.00 fast, N 59* 44' 37* W 69.4S feet, 11 312* 00' 19' 9 94.34 feet. a 49* 00' Gas w 54.87 last, s 31* 36' 17' * 74.22 feat, s 14• g5' 93- a 177.42 test, 8 Its 26' 06* 9 teat feat, N so* li' 40' W 35.03 test, H 74' 97' 8Q' N 20*62 9 18' 41' 17* 8 52.20 last, a 81* 20' 25' r. 32.02 co 1.t,.00t. toot. a 20' 33, 320 s 42.72 feet• a 06* 26' 28* 2 105.47 teat, 3 18' 26' O 06' 1 94,87 feet, 8 03* 04' 27* C 211.71 goat to a point in the northern line of the Oity of ,7ackno wLlis propostrf theme, lasving Northeast crook and with the City of dacksonvills line the 101,1 Inge 8 54' 23' 21" W 72.44 Cast, a 74* 280 28* W 182.26 frets a 73e 27' all 11 182.96 toot, N 75' 30' 34" 11 98.46 Cset, 8 67* S2' 08* M 119.74 feat, 8 140 l9' 39- W In 265.77 teat to an Le,'an pipe In the boundary Use of cottage cove Subdivisions therm, with this sastern boundary line at cottage cove subdivision the gallowinge a f8* L34 No 8 139.84 toot. 11 Si' S9' i3- 9 v 167.59 teat, �, 64' 34' 12* 8 329*17 last, al $7* 24* $0' W 304.29 font, N m 13' 92' as: 11 109.90 fast, a 31' $94 39" N 167.30 last, v 11* 13' 08" E 133.57 east to an iron pipe in the oortharn boundary line of Cattagw cove subdivisions thence, with the northern boundary Line at cottage cove subdLv sLon the folUneLags a 74' 24' 310 N 8.32 test to an Leon pipe, 3 83' it, 24* 11 285.18 goat along the chord of a curve to an Iran pipe, said curve having 4 W&ALua 040.00 Sent, 11 aa* 04' 42* W 300.00 feat to an `saf Lion pips, 8 78* 40' 28' 9 323*02 tact along the ahasd of a curve to an iron pipe • said Aar.e having a radius at 724.43 goat, a 20* 25' 180 W 20.28 last along the ohosd at a curve to an Lyon pim said curve having a radius of 20.00 teat, *aid paiat being in the western boundary line of cottage Cava wbdLvision and the ;astern right-af-war of Corbin street; thence, with the wastmen boundary of cottage Can subdivision and the eastern right-ot-way of Corbin Street the faLUmLnps a 24* 34. 43" C 70.00 feet to an Leon •papa, a 07e 46' 43" a 499.83 test along the chord of a curve to an Lebo papa, said anew having a radius of 812.77 fast, 3 09* ate 16- W 5.33 fast to an Lrou pipe/ thence, leaving the western boundary of cottage cave Subdivision and the eastern right-of-way of Corbin street 3 07* 59' 31' W 40.75 Cast to the pwAt at bagLanLnq and containing 164.698 acres more at 10e8. Baits in aca0rdance: with a rjmW enUtied *SmmW ;tor feat mimter CmpmW" by JeM C. BWJWM, Jr., Las, L. 3133, dated Octcbw 6, 1993. LESS AND EXCEPT THE FOLLOWING: BEING all that property entitled "The Park at Country Club" as shown in {ar Book He Page 111, Onslow County Registry. AND LESS AND EXCEPT 'THE FOLLOWING: BEING all that property designated as Tract I containing 11.90 acres as sna-: on map entitled "Final Survey for John T. Eagan, Jacksonville Township, ?ns__ Count%, North Carolina", dated January 19, 1999, prepared by Barden Lar,ar L-_223), recordea in Map Bank 37, Page 115, Slide R-102, Onslo:r Count - R 4+..s R Ln e=2 ROOK] 7 E 5 PAGE 3 5 6 EXHIBIT A1(PRomcr AREA) BEING all of that property as shown on that plat entitled "Marsh Oaks, SECTION I -A, at Bryon Mare" as recorded 1n Map Book 40, Page IN of the Onslow County Public Registry. 108 RESCOV *A MF V& Frm04242M {040]QO)zev(030201) G 10ATAICt ENT4UX-RCV=zh oalm bfM me¢ rc wFd ERWIN, SI&1PSON & S MOUD Attorney, P.LLC. - hlephm (910) 346-3566 825 Gum Blanch Road, Suite 115, P 0 B= 7206, JadmmmHe, NC 28540 GOOK 1 715 PAGE 3 5 7 BOOK 1 7 5 5 PAGE D 8 2 NORTH CAROLINA COUNTY OF I, a Notary Public of the aforesaid County and State, do hereby certify that � w f personally appeared before me this day and acknowledged that (s)he is &LS Secretary of HUNTER DEVELOPMENT CORPORATION, a North Carolina Corporation, and by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as its _A. SST Witness my hand and notarial seal, this day of , 2001 My Commission Expires Notary Public WINE gyp. •......•. Fie, RESCOVIAMENDRC3 FRM(121192) pi clientlhdG\RCIINDWEL RC 082896 101496 [12/02/963 G IDATAICLIENTIHDCIRC1Marsh Oaks RC AMD 052101 wpd RM 165 �J:• �p1Ay�,s�ts► 17U17 s � Otis•. Now COS LAiiRIE WINE KEPI histnauument wtu rrneated for ts_Lutra foe wind recorded In thle office la Notanges) Pob0c la (are) certified to be icWt?c Thb_JL 'yof Nh Boak paw 33�'44 2 at 4 o'clock By qua. df Crry �GMk Orfw fwdr � NORTH CAROUNA, Omow Cautttr Laurie Wine Kepes The fomgmg cer fics*s) af_ NotaryfmW Fuhhc is (are) certified to be eorrecL This butroment xn presented for regutrauon and recorded In this office to Book 1719 ge .- 2 .12 Thu _ 21 stday ofzu a! o•cfoek . D M go F-ff s�?Q,� By ie� N� n.• am a ERWIN, SIMPSON & STROUD Attornen P L.L.C. - Telephone (910) 346-3566 825 Gum Branch Road, Sutte 115, P 0 Box 7206, Jacksonvdie, NC 28540 BOOK 17 5 5 PAGE 0 8 3 Prepared by FRANK W ERWIN, ATTORNEY P O Box 7206 - _4 Jacksonville, NC 28540 NORTH CAROLINA STATEMENT OF CORRECTION ONSLOW COUNTY (PURSUANT TO NCGS 47-36 1) Pursuant to NCGS 47-36.1, and other applicable statutes and the law of the State of North Carolina, the undersigned do hereby submit as follows- 1 That the attached Instrument was originally dated the 21st day of MAY, 200I and recorded on the 4th day of JUNE, 2001, In Book 1715, Page 332, ONSLOW County Register of Deeds 2 That an obvious typographical error or other minor error appeared In the original instrument and has been corrected and initialed on the original as follows ON LEGAL DESCRIPI'ION AND EXHIBIT "A-1" (PROJECT AREA), THE MAP PAGE NUMBER IS 108 3 That the undersigned Is/are the original parties to the original Instrument or the attorney drafting said original instrument This thil>, day ofSEPTEMBER, 2001 PARTIES (SEAL) (SEAL) ATTO EY FRANK ERW GENREAL\CORRECTFRM(082592) RM165 1 f 1TEMPWARSH 5RCCOR