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HomeMy WebLinkAboutSW8050403_HISTORICAL FILE_20180130STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS 9T 03 PERMIT NO. SW DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD Lewis,Linda From: Lewis,Linda � �� uv Sent: Tuesday, January 30; 2018 6:21 PM To: 'docbarn@gmail.com' Subject: Trifieid Estates Permits / Inspection repor Attachments: 2006 01 permit_991025.doc 201104 ermit-991D oc; 2014 04 letter 991025.doc; 2014 10 CEI-BIMS 991025.pdf; 2014 10 CEI-deficient 991025.docx; 2006 12 permit 050403 doc; 2008 12 CEI deficient 050403.doc; 2014 10 CEI_BIMS 050403.pdf; 2014 10 CEI deficient 050403.docx Mr. Wilkins: I've attached copies of the requested permits and previous inspection reports. Please note that in the case of the 991025 permit, there is a 2006 permit that was transferred to Mr. Cameron and there is a 2011 permit renewal. The renewed permit simply indicates that the 2006 permit conditions remain in force and effect, want to let you know that the deed restrictions for 991025 were recorded, but they reference an incorrect BUA limit of "18.73%" of the lot. I think this is an error that was carried over by the original permittee and declarant, and never corrected. As Mr. Cameron brought in the various phases and sections to be covered by the declaration, he just kept using the same "template" with that incorrect BUA limit. We have requested that Mr. Cameron amend the previously recorded 18.73% BUA limit to match the BUA for each lot in square feet as it is listed in the permit. The response letter we received from Mr. Cameron's office on November 6, 2014 indicated that this was to be addressed, but to my knowledge, it has not. You'll have to excuse the poor formatting and partially incomplete information in the 2008 12 CEI—deficient letter. It was composed by a former employee that was not here very long. There are some gaps in that old-style report. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewisCc7ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 =�= --" 'Nothing Compares.--,- . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewls,Llnda �� g Sent. Tuesday, January 30, 2018 6:21 PM To: 'docbarn@gmail.com' Subject: Trifield Estates Permits / Inspection reports Attachments: 2006 01 permit 991025.doc; 2011 04 permit 991025.doc; 2014 04 letter 991025.doc; 2014 IL—CE] _BIMS 991025.pdf; 2014 10 CEI_deficient 991.025.docx; 2006 12 permit 050403:d 2008 12 CET _deficient 050403.doc; 2014 10 CEI_BIM5 050403.pdf; 2014 10 CE[ deficient 050403.docx Mr. Wilkins: I've attached copies of the requested permits and previous inspection reports. Please note that in the case of the 991025 permit, there is a 2006 permit that was transferred to Mr. Cameron and there is a 2011 permit renewal. The renewed permit simply indicates that the 2006 permit conditions remain in force and effect. I want to let you know that the deed restrictions for 991025 were recorded, but they reference an incorrect BUA limit of 18.73%" of the lot. I think this is an error that was carried over by the original permittee and declarant, and never corrected. As Mr. Cameron brought in the various phases and sections to be covered by the declaration, he just kept using the same "template" with that incorrect BUA limit. We have requested that Mr. Cameron amend the previously recorded 18.73% BUA limit to match the BUA for each lot in square feet as it is listed in the permit. The response letter we received from Mr. Cameron's office on November 6, 2014 indicated that this was to be addressed, but to my knowledge, it has not. - You'II have to excuse the poor formatting and partially incomplete information in the 2008 12 CEI_deficient letter. It was composed by a former employee that was not here very long. There are some gaps in that old-style report. Linda Lewis, E.i. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.iewis ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law ai d may be disclosed to third parties. ROY COOPER Governor ��� �xW✓r {y�y4_F.1MF�. Energy. Min era I & Land Resources ENVIRONMENTAL QUALITY January 19, 2018 MICHAEL S. REGAN secretary TRACY DAVIS Director Robert H. Cameron. President Robert 14. Cameron. ['resident R14C Construction S Realty, ]lie. R1-IC Cortsh-uction & Realty, Inc. 1111 Edenburghs Keep Drive 742 McKnight (toad, Suite 213 Knightdale, NIC 28545-7922 Knightdale, NC 28545-7764 Subject: October .14, 2014 Notice of Inspection —]`trot Compliant Trifield Estates Phase 1, Sections 1 & 2 — Storm--vater Permit No. SW8 991025 Trifield Estates Section 3, Phases 1-5 — Stormwater Permit No. SNN'8 050403 Onslow County Dear Mr. Cameron: On October 14, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEVIL-R) sent you a Notice of Inspection letter which listed several deficiencies to be addressed within each of these permitted subdivisions. The Division received your response letter of i Novei riber 6, 2014, indicating that the pond access and maintenance issues had been addressed, and that an amendment to the deed restrictions would be forthcoming after you contacted the attoniey. To date, the Division has not received a copy of the amended deed restrictions or any additional status reports or a plan of action. In addition, the pond permitted under SIA78 050403 has not been certified. Trifield Estates Subdivision is located in Richlands, Onslow County, and is currently operating under two State Stormwater Nlanageinent Permits, SW8 991025 issued on September 26, 200 17 and subsequently rene�,N,ed on April 28, 2011; and SW8 050403 issued on December 13, 2006. The SW8 991025 permit will expire on September 26, 2025 and the SW8 050403 permit will expire on December 13, 2020. Both of these permits will need to be transferred to the HOA in order to maintain continued compliance with each of those permits. The lack of appropriate recorded deed restrictions for both permits is a compliance issue that will prevent the Division from approving a transfer of the permit to the I-LOA. Please provide an updated plan of action which includes timelines for getting the SWS 050403 pond certif-led by an appropriate professional, and getting the deed restrictions amended and recorded. If you have been successful in getting amendments approved and recorded for each project, please submit a copy of those recorded amendments for our records. Please submit the requested information to this Office before February 19, 2018. If the requested information is not provided to this Office by the due date, the Division will re -inspect the site and may issue a Notice of Violation or may initiate enforcement action. If you want to have these permits transferred to the FIOA or POA, please review the transfer requirements listed in NCGS 143-214.7(c2). If the project has met those requirements, please submit a completed and signed Permit Transfer Application Form and the supporting documentation to DENILR.. Please note that simply conveying common area to an I-IOA or POA is not considered a permit transfer. You must obtain the approval of the Division in order to transfer the permit. Please be advised that you are required to comply with the terns, conditions and limitations of each Stor ilwater Management Permit under Title 15A I1,Torth Carolina Administrative Code 21-I .1003 and North Carolina General Statute 143-214.7, including timely responses to the Division's written requests for information, operation and maintenance of the permitted stormwater system, accurate recordation of the deed restriction statements, and notification of any ownership or mailing address changes. Violations of the Stormwater iManagement Permit may be subject to enforcement action which may include the assessment of civil penalties of up to $25,000 per day per violation. State of North Carolina t Environmental Quality I Energy. Mineral and Land Resources UlilmMgtorn Regional Office 1127 Cardirial Drive Extelfslon I Wilmingttrn, NC 28405 W 796 7215 State Stortnwater Permit No. SW8 991025 .L SW8 050403 Page 2 of 2 If you need to discuss the permit requirements, or if you have any questions about the deed restrictions or the transfer process, please contact me its the Wilmington Regional Office, telephone number (910)-796- 7343 or via email at. linda.lewisnlicdenr.(_,oN,. Sincerely, _ Linda Lewis, 1�.1„ Environmental Engineer lit G1)Slarl: G:111Ston1-iwater\Penni(s & Projects11999\991025 1[D12018 01 letter 991025 &%StorrnwaterTenmis & ProJecis120051050403 H.D12018 01 letter 050403 cc: Steve Janmvski, P.L., Baldwin & Janowski (708 Cromwell Drive Suite D Greenville NC 27858) Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiR.O Stormwater File SI ate of North Carolina i Environmental QuaRl y I Energy, Mineral and Land Resources Wilmingmn Regional 0iLice 1127 Cardinal Drive Extension I whilington. NC 28905 910 796 7215 Lewis,Linda From: Steve Janowski<sjanowski@riversandassociates.com> Sent: Monday, March 02, 2015 11:16 AM To: Lewis,Linda Cc: ncc17@belisouth.net; Scott, Georgette Subject: RE: Trifield Estates SW8 991025 - SW8 050403 Thank you so much for your quick response. Let us pursue the maintenance items on the ponds and give you a schedule for completion. We will also discuss with the attorneys the list below and will wait to set up a meeting when we have more confidence in our options. Steve >>> "Lewis,Linda" <linda.lewis@ncdenr.gov> 3/2/2015 10:21 AM >>> Steve: We are not attorneys, so we will not be able to advise your client on a legal matter such as a lack of recorded deed restrictions. Your client should consult an attorney to discuss the processes and legalities of amending existing covenants and/or adding new restrictions where none previously existed in order to meet his obligations under the permit. The state is not a participant in that process . Here are some options that others have explored in the past that led to eventual resolution of this issue: 1) Drawn up the amendment, held an HOA meeting, obtained the required signatures, and then recorded the document. This option may require extensive negotiation on the part of the developer with the HOA members and most always requires financial compensation; 2) Had their attorneys review the current recorded restrictions for two things: the process by which the covenants can be amended. If the declarant still holds a majority vote, then it should be relatively easy to amend. If the declarant no longer holds the majority vote, then it may be a more difficult proposition; b. for any clauses regarding the ability of the Declarant to unilaterally amend the deed restrictions without the consent of any of the membership if, among other things, the amendment is one that is required in order to fix an obvious error or to meet any local, state or federal government ordinance, rule or law. If you find this information will not help Mr. Cameron resolve the deed restriction issues, then please let me know what dates and times in March you are available to meet and I will check my calendar. This week is not possible, but next week is open at the moment. Linda -----Original Message ----- From: Steve Janowski[ma ilto:sianowski R rive rsandassociates.com Sent: Monday, March 02, 2015 9:31 AM ,Tu: Lewis,linda Cc: ncc17@belisouth.net Subject: Trifield Estates SW8 991025 - SW8 050403 Linda The developer, Mr. Robert Cameron has retained our firm to review the "Not Compliant" letters for the referenced permits and bring these projects into compliance. We have completed a record drawing survey of the stormwater BMP in Trifield Estates and are preparing recomendations to the developer to get these facilities in compliance so that 1 can certify the construction. I meet with the developer this week to go over the deficiencies. I am going to help him retain someone to provide the maintenance items that you requested and that I observe in order to certify. ' 1 would like to set up a meeting with you regarding the letters to Robert H. Cameron, President of RHC Construction and Realty, Inc that went out on October 14, 2014. It is my goal to facilitate the developer in bringing these projects into compliance. The most difficult item that we have to overcome is the recordation of the deed restrictions for SW8 991025. When the phase one was transferred to RHC the homes existed and the restrictions were not recorded prior to the sale of each lot and prior to the purchase of the development. We also need to discuss the deed restrictions for SW 8 050403 that were "incorrectly recorded and no amendment to revise and correct them". If you can give us some available times in March, Robert Cameron and myself will meet with you in hopes that we can resolve all the issues and give you a timeline on each. Thank you Steve J. Stephen Janowski, PE Senior Project Manager Rivers and Associates, Inc. 107E2ndSt Greenville NC 27858 Work: 252-752-4135 Cell: 252-714-3002 Lewis,Linda From: Lewis,Linda Sent: Thursday, December 11, 2014 10:35 AM To: 'Steve Janowski' Cc: wade@atianticsurveyingpa.com; ncc17@bellsouth.net; Trey Little Subject: RE: Trifield Estates Section 3 Phases 1-5 SW8 050403 Attachments: 2014 10 CEI_BIMS 991025.pdf; 2014 10 CEI_deficient 991025.docx Steve: There's also SW8 991025 which covers Sections 1 & 2 - inspection report attached. My main concern is the lack of safe access to that pond for inspection and maintenance and the lack of correctly recorded deed restrictions. Linda -----Original Message ----- From: Steve Janowski mailto:sianowski riversandassociates.comj Sent: Thursday, December 11, 2014 10:07 AM To: Lewis,Linda Cc: wade@atianticsurveyingpa.com; nccl7@bellsouth.net; Trey Little Subject: Trifield Estates Section 3 Phases 1-5 SW8 050403 Linda I have been retained by Robert Cameron of RHC construction to facilitate bringing Trifield Subdivision in compliance, have requisitioned a record drawing survey of the wet detention pond so that I can evaluate its compliance. I will be making field inspections in conjunction with the survey to provide the certification or recommendations for maintenance so that I can certify. I have also been asked to facilitate any outstanding items associated with Tri-field. I have attached the only letter that I have and will proceed as stated above. If you think we need to meet at your office or at the site with your personel please let me know. We will be trying to finsih this work as soon as possible with our target being after the New Year Holiday. Thank you Steve J. Stephen Janowski, PE Senior Project Manager Rivers and Associates, Inc. 107E2ndSt Greenville NC 27858 Work: 252-752-4135 Cell: 252-714-3002 RHC Construction & Realty, Inc. Robert Cameron 742 McKnight Drive Suite 213 Knightdale, NC 27545 November 6, 2014 NCDENR Attention: Linda Lewis Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Correspondence of April 29, 2014 & October 14, 2014 Stormwater Permit No.: SW8 991025 Permit No. SW8 050403 Dear Ms. Lewis: EGE5VE NOV 0 6 2014,� Please be advised that we have received your correspondences from April 29, 2014 and the two correspondences from October 14, 2014. The address above is the office address and the 1111 Edenburghs Keep address is Mr. Cameron's home address so both addresses are correct as Mr. Cameron receives mail at -both. With regards to the pipe maintenance issue, Mr. Cameron has addressed this issue and had it repaired. I have contacted the surveyor, the engineer, as well as the attorney regarding the. recorded amendment to the deed restrictions and actions that need to be taken with regards to your letters. Once we have received a response from them, Mr. Cameron will contact you with our specific plan of action. Sin erely yours, Samantha Wil on Office Manager a Page t of 5 Sw'a 0S040 Doc I0: ODS78088.: Raeordad: 02/2i/200I Ip0at5TWyp%0:CIHRP PM Fa• Amu: 82a.00 Page I of S Onalomv County NC Rebecca L. Pofisrd Ran. of Dead, ex3556 po522-526 Ptepued by: LAW OFFICES OF DOUGLAS M. STROUT STATE OF NORTH CAROLINA COUNTY OF ONSLOW DECLARATION OF RESTRICTIVE COVENANTS FOR TRTFIFLD ESTATES TIUS DECLAR&VON OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this the 3 1 day of 2011. by RHC Consmrctlon & Realty. Inc.. a limited liability cotnpany organized undef the laws of the State of North Carolina, hereinafter called "Declarant". W ITNESSETH: THAT WHEREAS, the Declaram is the owner of the Real Property described in Anic(e I of this Declaration and is desirous of subjecting said real property to the prokrtive covenanu hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thtmof, and shall inure to the befit of mrd pass and run with said pro". and each and every lot or parcel thereof. and shall apply to and bind the succcasors In iumccat and any owner thereof. NOW. THEREFORE, the Declarant beceby declares that the real property in and referred to in Article I hereof is aad shall be held, transferred, sold and conveyed subject to the protective covenants sec forth below; ARTICLE SUBJECT P8OP6RTYr The real property which is, and shall be bell transferred, sold and conveyed subject to the protective covenants set fonh in the Articles of this Declaration is located in the County of Onslow. Star of North Carolina, and is more particularly described as follows; BEING all that property as depicted and delluaated an that entitled "Map for record of Tri-Fleld Emacs, Section 3 - Phase i" dated 1�dmy of 2011, prepared by Adnatic Surveying, P.A. and appearing of rticord In MsP �L, Page -tIli . SiideM- Laa, Onslow County Registry. ARTICLE 11 MMEMES: No tot or lots shall be put to any use other than for residential purposm except that any lot which is owned by Declarant may be used by the Declmam for a street or roadway. ARTICLE III ARCHITECTURAL COMMITTEE: There bereby is conuiauted the Trifield Architectural Committee ("Commiuee'l to be appointed, to be replaced, to possess the %W ifications and to possess the powers as specified herein. The Committee shall consist of individuals to be appointed by Doclarant until Declarant releases its rights to appoint the member of the Committee by document =ordcd in the office of the Register of Deeds of Onslow County specifically referring to this instrumem, the owners of the lots within this Subdivision from time - to -time may rsmovc the then existing members of the Committee and replace those members with Book: 3556 Page: 522 Page 1 of 5 Book: 3556 Page, 1977-Current: 522 Seq: 1 J Page 2 of 5 ■ new member or members by a writing signed by the owners of at itast one -ball of the Lots and delivered to the then existing members) of the Committee. The member of the Committee shall serve without compensation or reimGirsement. The Committee shall have the right to bring suit in its own name or in the name of all of the owners of the lots. If the Committee has more than one member, any member of the Committee may call a muting upon five (5) day's notice to the other member(s) of the Committee. A written decision signed by the members) of the Committee shall be the decision of the Committee. Until changed by instrument recorded in the office of the Register of Deeds of Onslow County, the address of the Committee is 742 McKnight Drive. Suite 213, Knightdste, NC 27545, Attention: Robert H. Cameron. R. All plans and specifications For any structure or improvement whatsoever to be erected on any Id; the proposed location and Orientation in relation to streets or lots: and the eonsti octlon matcriats, the roofs and exterior color schemes shall require the prior written approval of the Committee. Further, any exterior changes or additions after initial approval and any exterior remodeling, reconsuwlion, alteration or addition on any lot also shall require the prior written approval of the committee. b, There shall be submitted to the Committee two (2) complete sets of the final plans and specifications for any proposed improvements, the erection or alteration of which is desired. No structures or improvements of any kind shall be erocted, altered. placed or maintained upon any lot until the Rost plans, elevations and specifications have received written approval as herein Provided. Such plans shall include plat plans showing the location on the 101 of the building. wall, mailbox, fence or other structure proposed to be constructed, altered, placed or maintained. together with the proposed consauction material, color scbemes for roofs and landscape planting. c. The committee shall approve or disapprove plate, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications and details with the approval or disapproval endorsed thenroa shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its pertnaneat files. Any disapproval shall stare specific reasons. In the event the plans and specification an not disapproved within shiny (30) days after their receipt by the Committee, they shall be deemed approved. d The Committee shall have the right to disapprove may plans, specification or details submitted to it in the event they are not in accordance with the provisions of thesc Rewicticsts; if the design, height, construction materials exiczior finish orcolor scheme of the proposed building or odor stricture is not in harmony with the general surroundings of such Id or with the adjacent buildings or structures; tithe plans and specifications submitted am incomplese; or if the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of the owner of any tot. All decisions of the Committee shall be final. e. Neither the Committee nor any agent thereof shall be responsible for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any wort done according to such plans and specifications. Approval by the Committee does not relieve a lot owner from obtaining any required governmental approval of the proposed action. a. Only one single-family residential dwelling designed for use as, and used as, a single, family residential dwelling may be erected, placed or used on any lot. Each lot shall be used for residential purposes only and no more thin one family (srtd their attendant maid or amy) may reside on a lot at any one time. No improvement or structure of any kind, other than an approved private dwelling house, patio will, swimming pool, customary outbuildings, garage, carport. or gazebo may be erected, placed or maintained on may tot. h is provided, however, that notwithstanding the foregoing restriction, Decivant may ope"te or allow the operation of a sales office on a lot so long as I)ec]aram is selling lots and horses in the gene"] area of the Subdivision. b, Any garage, carport, gazebo or other outbuilding shall be of the same color scheme as the dwelling. In addition, such structure shall be of the same exterior material and design as the dwelling. c. The exterior of any dwelling or odicr permitted outbuilding located on a lot shall be either brick: siocco: vinyl; wood; masonry "Hardy plank" or split face block or some combination of the aforesaid tidings. Book: 3556 Page: 522 Page 2 of 5 Book: 3556 Page, 1977-Current: 522 Seq: 2 Page S of 5 d. The exterior of all fireplaces, frrepiwe. boxes and chimneys shall be constructed of some materiel other than rtra omy or concrete block%. ARTICLE IV DMTLUNG_OUALITY AND SIZEi The ground floor area of the main street exclusive of one-story porches and garages, shag be not less than 1.100 square feet fora one story dwelling, not less than 650 square fat for a dwelling of more than One story. ARTICLE V BUILDING LOCATION: No building shall be located on any comerlat nearer to the front line or any side street line than as shown on the recorded pia No building shall be located with respect to interior side lot tines so as to be nearer then 8 feet to either such line. No dwelling &ball be located on any interior lot neater to the front lot line than as shown on the recorded plat nor [[eater than 10 feu to the tear lot line. For the purposes of this covenant, caves, steps, open porches and c&rp&u shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. M error of not more than 10 percent In the location of a building On the lot with respect to the minimum set back lines shall nee be considered a violation of this covenant. ARTICLE VI NUSANCM, No noxious at offensive activity shali be carried on upon any lot not shall anything be done thereon which may be or may become in annoyance or nuisance to the neighborhood. No &[nipped. partially wrecked or junked motor vehicle or part thereof, shall be permitted to be parked or kept on any lug. All motor vehicles of any type kept on any lot shall have current registration and inspection eettircates. No truck or other vehick in excess of a two4on load capacity &hall be puked or kept overnight or longer, on any lot. unless prior consent is given by Declarant. ARTICLE VI] Ems. FAwments for installation and maicazaince of utilities and drainage facilities are reserved as shown on the recorded pin sad over the front ten fat of cub lot. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the Bow of water through drainage ehm=ts in the easements. The twmcnt ara of each Its: and all improvements in it shall be maintained continuously by the owner of the tot, except for those improvements for which a public authority or utility company is responsible. The Grantees reserve for themselves their successors and assigns, in easement and right at any time in the future to grant a right of way under, over and along the side, fear and front property lines of each and every lot in the subdivision described herein, for the installation and maintenance of poles, linea, condudts, pipes, and other equipment necessary to or useful for furnishing electric power, gas, telephone service, drainage or other trinities including water sad sewer services. ARTICLE Vlll LIVESTOCK AND POULTRY: No animate, livestock or poultry of any kind shall be raised, bred or kept ee any lot, except that dogs. eats or other household pas may be kept provided that May are nor kept, broil or maintained for commercial purposes. Any and all pets shag rot be allowed out the premises unless same are under the direct comrol of the owner at all times and are nor creating a nuisance to the other owners within the property. ARTICLE IX BUILDING PLANS AND SPECIFICATIONS, No dwelling or other building shell be OW upon any lot unless the plans and specificuion thereof mm or exceed the requirements of minimum property standards for one and two living units, (FHA. No. 300>, Federal Housing Administration. Book: 3556 Page, 1977-Current; 522 Seq: 3 Book; 3556 Page: 522 Page 3 of 5 Page 4 of 5 ARTICLE X FR Rf' ON Or FENCES: No fences over six (6) feet in height shall be constructed between the rear of the primary dw00ing and the back lot line. No fence shall be erected between the rearof the primary dwelling and the street right of way unless such fence shall be of an orrumentai nature. Brick and split -rail shall be deemed to meet the requirements of this restriction. ARTICLE XI - GARBAGE AND REFUSE DISPOSAL; No lot shall be used or maintained m a dumping ground for rubbish. Trash. garbage or other waste shall not be kept except incinerary coatainers All inciarators or other equipment for the storage of disposal of such materials shall be kept in a clean and sagitary condition. ARTICLE XIl SIGHT DISTANCE AT INTERSECTIONS: No fences, 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 caner la within the triangular area formed by the error property lines Bad a line coaaoetirtg them at points 25 feel Will the intersection of the street linen, or in the case of a rounded property comer, from the intersection of the smt property lines extended. The same sight line iimitadow shall apply upon any lot within 10 feet from the intersection of s street property link with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstmction of such sight lines. ARTICLE XIII TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent. shark garage, barn OF other outbuilding temporarily or permanently shall be allowed on any lot. No trailer, mobile home. camper or line vehicle shall be parked an any la at any time for any purpose net shall any vehicle be allowed to retrain on say lot at any time for any purposes unless it is stared behind the main dwelling structure or placed inside the carport or pfage. Only stick built or modular homes will be allowed on any toe. ARTICLE XIV DRAINAGE: All driveways shall have drainage Bile in the street ditches installed and sized in accordance with the N.C. State Highway recorrone adalions. ARTICLE XV TERM: These Covenants am to run with the land and shall be binding on all parties and all persons claiming these for a period of tweetyfive (25) years from the dale these Covenants are recorded, after which such time such Covenants shall be automatically extended for successive periods of ten (10) years unless an irtstrement signed by a majority of the then owners of the lots his been recorded, agreeing to change said Covenants in whole or in prat with the exception of Article XIX. ARTICLE XVI $EYER►�BILIM Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the alter provisions which shall remain'at full force and effect. ARTICLE XV II STORM WATER RUNOFF: No mac than 3.000 square feat of each let shall be covered by structures, inclusive of rigbu of way, and/or paved sturfaces, including walkways or patios of bride, stone, slate or similar materials. This covenant is intatdrd to insure continued compliance with storm water runoff Hiles by the Stare of North Carolina and therefore benefits may be enforced by the State of North Carolina. ARTICLE XVI[I 0Dlls3gAT[OM: These resuic io is am subject to being altered, modified, canceled or changed at any lime as to said subdivision as a whole or as to any subdivided la or put thereof Book: 3556 Page, 1977-Current: 522 Seq: 4 Book: 3556 Page: 522 Page 4 of 5 M Page 5 of 5 by written document executed by the Declarara or their successors in title and by the owner of not less than sixty pemew (60%) of the subdivided lots or pans of said subdivision to which these restrictions apply, arid recorded in the Office of the Register of Deeds of Onslow County, North Carolina. If the Declarants own sixty (6D%) percent or more of the subdivided lots, the Doclarants may alter or amend these covenfaraa without consent of anyone. ARTICLE XIX ENFORCEMfEW, ERforrPnrnt dull be by proceedings at law or in equity against any person or persoa violating or attempting to violate any covenant, either to restrain violations at to recover damages. IN WUNFSS WHEREOF. RHC Coasuuefioa & Realty, Inc. has caused this insuumem to be executed in the appropriate company name by duly authorized managers, and has adopted as its seal the word, "SEAT ' appearing beside its name, this sealed instrument being executed and delivered on the dam fusi above writen. Robes H. Cameron. President RHC Construction & Realty, lac. NORTH OF_f , l . — COTSNI'Y OF _(�(� 1, a Notary Public in and for said County and State. do hereby certify slat Robert H. Cameron.Irf'uidcat of RHC Conviuctian & Realty, Inc,. it North Carolina corporation. personally appeared before roe this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my �hand and official sump or sea , this the day Nr�f� ,2011. Public My Commission Expires: %tNA J. 412' V. Book: 3556 Page, 1977-Current: 522 5eq: 5 Book: 3556 Page: 522 Page 5 of 5 Pepe 1 611 QWM?- RHC C067RUC70V It AEAL M M 742 MaKMaff DR. — STATE 213 lg*WMAL& NC 27545 AVX511 1. ALL MUSM7AM SHALL HALE 2SXW SGNT Dmmm (ST) LAI m Nam OAGWX Z HEM' X%W PFES AT ALL OMM LNA.ESS 0MvNf5E AVIM OW9R CERMCA TKR IF CONTRLX `172) v-1 Ae SR P 114 St 044J0 RNC (7CU15'l7Pl/CIKAN k REALTY. 1'VC / ! (NE) sTY Le..L.�i L'-n.+�+e✓ CER1,fFr THAT A Au (rF ARE) nE OMNER(S) OF 7R7-FIELD ESTATES SVMWS M. / A) n05 PLAN Or SlAIO KSM a AXPm WTN MY (Ote) FREE CONSENT, e,l B) ALL RMAtM AAeROIEAQH75 NU BE COOREIEA,� Rf . C) PEW AFROW36V7S WU BE N COVPLWCi WIN HTE WWW SrAWARDS SPECFITD BY THE TOM Or R "VS FOR I" 00ANY UCIRN: 0) r11£SE AMOVDANTS NHL BE FREE AND CLEAR OF ANY ENCUMMWCE OR L&C- �rll E) IW OMT-OF-WAY. EA52M73. COIFU U AIPROWA"7S AYE71FNF AND OXPAC710 BASF, LRADFACE a" AND XTI R AND ) AW R C PARK O1 OPEN SDACt ARE HDZMY DONCAMD 70 PC TOM or R1Vy@AW6. AND F) THE AIPROYE IT ARE aWANTf2'13 AGANST DAMAGE ft-YA NG MOM O "W CONS7RLAWN ACUWMS AND WA4WTELD FOR LAY£ TEW AFTF? ACCEPTANCE FIYT ANY WFCn N COIS7 W7M. -/y 20 /f OMMER RILE: DAIS L -v r` DE TOW A0LOMrAIOR Of RC7dL X4 N TIN "RMNA. DO hVdFY MMY MT nE R)ARO Or AlOFWAN ar 1FLE TOMV Or MCAADS APMKV DELS PUT OL MAP AND ADIPTEO nE MWATAIY Or II LE SPUM SA CUAIS OD ER PIA W FAMfin EAS WNM NMU-d-WAY. Nm RAW PARKS STADWV IHETEOIIL BUT INAT ITS TOW AS912S NO ft-SV6MVrY 70 OEV OR AIANTAM PC SAME UY7C N nE OVOOV Or ME COMAW BODY Or UE TOM Or AKI&AAM IT 15 N DAE PU9/C AVAN ST TO DO $0. . k-Al --vim DA7E MAN-ADIOnIRATOR OM M'S CMIFIC47JYW AS 70 WATER AND SEVER I MR77FY (1) 194T I AM DE ON1F CF nE LANDS SHOW ON M MAP AND O' ALL Or THE W4rM Mm SEVEN AMSTRWMW LOGA MV OFI 9101 LANDS 0) NAT ALL REOLIREO WATER MAO WNW AVPROWAEN7S HAVE BEEN OWSIRUCIM WOW DIE STREETS AIAO/VR UR1rY EASOVM75 SWWF OF/ nd5 MAP N ACCaWANGE WTN PLANS AM SPEOFICA IHDVS APPROIW BY M&OW WATER AAV MMER AUDIONY ('OYWASA f (9) BLAT SUCFI WAIF? Alm SEWS? B6WOHNENT3 ARE N9?fFY0EDrAMV AW G(WW) D M OOI'ASA FRfE Q<LAENS AAD EI AV VV= (h) THAF OIWASA IS tV0YCRAN7ED A PO?PERMAL E49t7 NT OILER ALL SWEIS AN9 MUM f AgWV7S SAi W ON M MAP• AAD (r) RMr rW LMDIEltS%dU SAW"IS TO 04WASA fW A ARM Or 16 MOYMS nWk 7HC a4ir OF 77DS CiRmwAnm im r SLAIN mwoWwWIS ARE FRET MOM rxrr= N MAlE7MS AND KRWAN9V. ITDS �VWYJAII'- ?0—"ar.. LaERIIflt'ATE AS 70 UrRJMS AND X&CA TAX I WMY C[)? Y nMT DlE PLANS AND SPEEOFXA lA6WS FLM IW WA IM ANO SEW? AVROI MNM FW TA4 D ESTATE$ SECMV 4 PHASE 4 SL+B W9W HAW SUN WREVO Mil APMKD 6rOkSLOW W:A7M AND Sn ? AUThT.Orr. FM SWI PU R AAV &9C? AFNOIELENIS N41F A Dr 0 WSIRXIM MO INAr OVSLOW WAM? Alm SEIAFR AUnKYE'M hvmRrAO"IS TIE lIuvrA W 01 7W WATM AIID SEb& MWOWNENN AIDIV W N ASSOOA TED EASEICVTS m—aw OF. ems. 20ji- �1([ 0MOW WATER AAO 549" AUNON Y BT` covropL c04"It CAROM Sa1M RADEK M LIB 27M P LLSS A6 JZ P 70 Upw TABLE dA4sc RADIUS AJJ.A7aa0.YiAL0pNN70 I 8s422.44J3 A4R L IA 4Y C2 MM C:I A16B6 G DO 3aD0 42.43 TIObO' ©10 IW PROIDUY N LOC.A 1E'D N ZONE X Alm is NOT N A VMAL FLOM HAZ AREA AS DE7VWEO BY SCALM MID OUPAAC PLOnW f" N,FIR RATE MAPS DATFD rl-3-0S CA'AARMIYPAhn 37MMI-4442-/ A(4P .IVB A"" OP TRI-FfX0 FST.4T,FS WCAWTY MAP ID DON VAS MWO19 �E IAW JMMW AIM L- M wear DMT DE SWWr DEAN$ A A9111eTW Or 1Ane ■PW DE AWA (F A 02*W ON MAKPA rr DMTIMS Ay *CftW C DYr AELAA4XS IAR= d LAMB AOWAOE DATA LOT 96 - 0.367 AG* 10197 - a367 ACf LOT 98 = aX7 A" SOCAEOE LEE vw LOT 99 = aJ57 AC-f DO 24A P 913 LOT IW = a367 ACf MB 44 P 6J LOT rm - a367 ACf LOT 120 = 0.-W A(-L* L07 121 = a363 ACf i22 - O.J67 ACt Bl.�DNLC SETLOT RACKS LOT 123 - aJ67 ACt ZONE R-15 COT 124 - 0,367 Aat FRONT SET aUV - 30' LOT 125 - 0.367 AGS qx SFT aAIX - IS' LOT 146 - a" AG* REAR SET BACK - 20' LOT 147 - a" AC* SUC STREET SEI BACK . JO' LOT i48 - O.-W ACf tor i49 - O.JM ACf LEGIEM LOT 150-a354 Art LOT w - a354 Art VP - E9517NU WaN JOWE LOT 166 = a-W AC* NIP - NEW IRON POT LOT r67 = a404 ACt R/W - MCHT OF WAY LOT 168 - a41J AC.t F - CZ:NTmffiAE LOT 169 - 0.421 ACf MBL = WHIMUM BU4,000 LINE LOT 170 - a429 AU ®= STREET ADDRESS LOT 171 - 0.437 ACf RIGHT-OF-NAr- 1. T46 ACf TOTAL - IaM2 ACt BY 0 MPLFTER WS MAP SUP&CEDE:S MAP REC RDED IN MAP SOW 61, PAGE 101, SUDS M-1895 OF THE ON.SLOW C"IY REGS7RY. SM770N 3 - PH,4SA1 4 RICfILII M 9t9A"HIP AVFT MXR /5, R7/0 OMLOF CWh Y NORTlf 641FY1UM xn m e. AV AV LRWfC scALe r• = TDD fT: REN50. 1-18-201V REY15E0 TOM LF AYOUAM AND CNN'ASA STAMWBVTS/ F.N W.D. E M.Il1990Mdill IllY!URIO Dec ED: OWD04310001 TYDe= rAP 11voOrded: 01/21/201i at 11:11:03 AM Fee A-t: S21.00 Paps i of 1 Onslow GOURty NO Rebecca L. 00�lard Rea. of Deeds. -61 -114 Bw'�AE L.. PatL.41�. STALE a MOM CARLrMA LDLOfr cowly L F. ICAOr lLI YEfiP1GPf MWY THAT NS P'LAI WAS DPAMN LAIAOER MY S[FEWMSCW FRW AN ACnM SU Y MADE uY[i7F MY woonvow (MM DESOWWV RE:OfM[i'D N 90M 1.0 PAGE A.L EM) (OIhFR,t THAT AE W&VARFS Nor slew FD ARE aEAIILY tornID As DRAMV FRow MOW I)LWFO NWN_PAGiAL,• NAf , RAM OF AUD913V AS CALOA.Am 1S I: •"•, P[Ar M11S FEMA,iRID N AOOOPOAAiCE WIN 0 .�. 4 AS MEAN WIMESS' A -y?, MMIER AND ZU IW . A.A. _ • ��� DAB STATE Or 1 L AEll11' 01F1C1Elt Oriamm C MWTY UX FY 7TL4T OP PLAT M MMON IT IS X?r#rA7Vf 1S Aff= h9M ALL STA REIXAIn"M RIR fitroa PIC anciR LUTE. � 3 Book: 61 Page: 114 Page 1 of 1 Book: 61 Page, 1977-Current: 114 Seq: 1 i Page t of 5 ,6uxoso403 Doe ID: 00a2a0ag0005 Type: CRP Recorded: 07/12/2010 at 02:24:31 PM Foe Amt: $28.00 Paye 1 of 8 onslow County NC Rebecca L. Pollard Rap. of Deeds eK3436 Pa731-735 V Prepared by: LAW OFFICES OF DOUGLAS M. STROUT STATE OF NORTH CAROLINA COUNTY OF ONSLOW DECLARATION OF RESTRICTIVE COVENANTS FOR TRIFIELD ESTATES THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this the ,II y of 2010, by RHC Construction & Realty, Inc., a limited liability company organized under the laws of the State of North Carolina, hereinafter called "Declarant". WITNESSETH: S€ THAT WHEREAS, the Declarant is the owner of the Real Property described in Article I f of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and tun with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, the Declarant hereby declares that the real property in and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below: ARTICLE I SUBJECT PROPERTY: The real property which is, and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in the Articles of this Declaration is located in the County of Onslow, State of North Carolina, and is more particularly described as follows: BEING, all.that,property. as depicted,and delineated on that map entitled "Map for record of Tri-Field Estates, Section 3 — Phase 3" dated December 8, 2009, prepared by Atlantiz-7 Sur—veyizigzig P.A. and appearing oirecord'in Map Book 59, Page 116; Slide M=1430; Onslow County Registry. ARTICLE II PURPOSES: No lot or lots shall be put to any use other than for residential purposes, except that any lot which is owned by Declarant may be used by the Declarant for a street or roadway. ARTICLE III �n �Ge� IV OCT 1 4 2014 ARCHITECTURAL COMMITTEE: There hereby is constituted the Trifield Architectural Committee {"Committee"} to be appointed, to be replaced, to possess the qualifications and to possess the powers as specified herein. The Committee shall consist of individuals to be appointed by Declarant until Declarant releases its rights to appoint the member of the Committee by document recorded in the office of the Register of Deeds of Onslow County specifically referring to this instrument, the owners of the lots within this Subdivision from time - to -time may remove the then existing members of the Committee and replace those members with Book: 3436 Page, 1977-Current: 731 Seq: 1 Book: 3436 Page: 731 Page 1 of 5 Page 2 of 5 a new member or members by a writing signed by the owners of at least one-half of the lots and delivered to the then existing menber(s) of the Committee. The member of the Committee shall serve without compensation or reimbursement. The Committee shall have the right to bring suit in its own name or in the name of all of the owners of the lots. If the Committee has more than one member, any member of the Committee may call a meeting upon five (5) day's notice to the other member(s) of the Committee. A written decision signed by the member(s) of the Committee shall be the decision of the Committee. Until changed by instrument recorded in the office of the Register of Deeds of Onslow County, the address of the Committee is 742 McKnight Drive, Suite 213, Knightdale, NC 27545, Attention: Robert H. Cameron. PROPERTY CONTROL; a. All plans and specifications for any structure or improvement whatsoever to be erected on any lot; the proposed location and orientation in relation to streets or lots; and the construction materials, the roofs and exterior color schemes shall require the prior written approval of the Committee. Further, any exterior changes or additions after initial approval and any exterior remodeling, reconstruction, alteration or addition on any lot also shall require the prior written approval of the Committee. b. There shall be submitted to the Committee two (2) complete sets of the final plans and specifications for any proposed improvements, the erection or alteration of which is desired. No structures or improvements of any kind shall be erected, altered, placed or maintained upon any lot until the final plans, elevations and specifications have received written approval as herein provided. Such plans shall include plot plans showing the location on the lot of the building, wall, i mailbox, fence or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material, color schemes for roofs and landscape planting. c. The committee shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications and details with the approval or disapproval endorsed thereon shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. Any disapproval shall state specific reasons. In the event the plans and specification are not disapproved within thirty (30) days after their receipt by the Committee, they shall be deemed approved. d.'Me Committee shall have the right to disapprove any plans, specification or details submitted to it in the event they are not in accordance with the provisions of these Restrictions; if the design, height, construction materials exterior finish or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures; if the plans and specifications submitted are incomplete; or if the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of the owner of any lot. All decisions of the Committee shall be final. e. Neither the Committee nor any agent thereof shall be responsible for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications. Approval by the Committee does not relieve a lot owner from obtaining any required governmental approval of the proposed action. USE, SIZE AND PLACEMENT OF RESIDENCES AND STRUCTURES: a. Only one single-family residential dwelling designed for use as, and used as, a single- family residential dwelling may be erected, placed or used on any lot. Each lot shall be used for residential purposes only and no more than one family (and their attendant maid or nanny) may reside on a lot at any one time. No improvement or structure of any kind, other than an approved private dwelling house, patio wall, swimming pool, customary outbuildings, garage, carport, or gazebo may be erected, placed or maintained on any lot. It is provided, however, that notwithstanding the foregoing restriction. Declarant may operate or allow the operation of a sales office on a lot so long as Declarant is selling lots and houses in the general area of the Subdivision. b. Any garage, carport, gazebo or other outbuilding shall be of the same color scheme as the dwelling. In addition, such structure shall be of the same exterior material and design as the dwelling. c. The exterior of any dwelling or other permitted outbuilding located on a lot shall be either brick; stucco; vinyl; wood; masonry "Hardy Plank" or split face block; or some combination of the aforesaid sidings. Book: 3436 Page, 1977-Current: 731 Seq: 2 Book: 3436 Page: 731 Page 2 of 5 Page 3 of 5 d. The exterior of all fireplaces, fireplace boxes and chimneys shall be constructed of some material other than masonry or concrete blocks. ARTICLE IV DWELLING QUALITY AND SIZE: The ground floor area of the main street exclusive of one-story porches and garages, shall be not less than 1,100 square feet for a one story dwelling, not less than 650 square feet for a dwelling of more than one story. ARTICLE V BUILDING LOCATION: No building shall be located on any comer lot nearer to the front line or any side street line than as shown on the recorded plat. No building shall be located with respect to interior side lot lines so as to be nearer than 8 feet to either such line. No dwelling shall be located on any interior lot nearer to the front lot line than as shown on the recorded plat nor nearer than 10 feet to the rear lot line. For the purposes of this covenant, eaves, steps, open porches and carports shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. An error of not more than 10 percent in the location of a building on the lot with respect to the minimum set back lines shall not be considered a violation of this covenant. ARTICLE VI NUISANCES: No noxious or offensive activity shall be carried on upon any lot not shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No stripped, partially wrecked or junked motor vehicle or part thereof, shall be permitted to be parked or kept on any loi. All motor vehicles of any type kept on any lot shall have current registration and inspection certificates. No truck or other vehicle in excess of a two -ton load capacity shall be parked or kept overnight or longer, on any lot, unless prior consent is given by Declarant. ARTICLE VII SRC Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the front ten feet of each lot. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. The Grantees reserve for themselves their successors and assigns, an easement and right at any time in the future to grant a right of way under, over and along the side, rear and front property lines of each and every lot in the subdivision described herein, for the installation and maintenance of poles, lines, conduits, pipes, and other equipment necessary to or useful for furnishing electric power, gas, telephone service, drainage or other utilities including water and sewer services. ARTICLE VIII LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. Any and all pets shall not be allowed on the premises unless same are under the direct control of the owner at all times and are not creating a nuisance to the other owners within the property. ARTICLE M BUILDING PLANS AND SPECIEUCATION$i No dwelling or other building shall be, erect upon any lot unless the plans and specification thereof meet or exceed the requirements of minimum properly standards for one and two living units, (FHA. No. 300), Federal Housing Administration. Book: 3436 Page, 1977-Current: 731 Seq: 3 Book: 3436 Page: 731 Page 3 of 5 Page 4 of 5 ARTICLE X EUM0 OE FENCES; No fences over six (6) feet in height shall be constructed , between the rear of the primary dwelling and the back lot line. No fence shall be erected between the rear of the primary dwelling and the street right of way unless such fence shall be of an ornamental nature, Brick and split -rail shall be deemed to meet the requirements of this restriction. ARTICLE XI GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except incinerary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. ARTICLE XII SIGHT 17IS_'I'ANCEAT INTERSECTIONS: No fences, 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 comer, from the intersection of the street property lines extended. The same sight line limitations shall apply upon any lot within 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 distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. ARTICLE MIT TEMPQRARY SIR CCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, bam or other outbuilding temporarily or permanently shall be allowed on any lot. No trailer, mobile home, camper or line vehicle shall be parked on any lot at any time for any purpose nor shall any vehicle be allowed to remain on any lot at any time for any purposes unless it is stored behind the main dwelling structure or placed inside the carport or garage. Only stick built or modular homes will be allowed on any lot. ARTICLE XIV DRAINAGE: All driveways shall have drainage tile in the street ditches installed and sized in accordance with the N.C. State Highway recommendations. ARTICLE XV TERM: These Covenants are to run with the land and shall be binding on all parties and . all persons claiming them for a period of twenty-five (25) years from the date these Covenants are recorded, after which such time such Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part with the exception of Article XIX. ARTICLE XVI SEVERABILITY: Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. ARTICLE XVII STORM WATER RUNOFF: No more than 18.73 percent of each lot shall be covered by structures, inclusive of rights of way, and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with storm water runoff rules by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina. ARTICLE XVHI MODIFICATION: These restrictions are subject to being altered, modified, canceled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof Book: 3436 Page, 1977-Current: 731 Seq: 4 Book: 3436 Page; 731 Page 4 of 5 Page 5 of 5 by written document executed by the Declarant or their successors in title and by the owner of not less than sixty percent (60%) 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 Onslow County, North Carolina. If the Declarants own sixty (60%) percent or more of the subdivided lots, the Declarants may alter or amend these covenants without consent of anyone. ARTICLE XIX ENFORCEMENT; Enforcement shall be by proceedings at law or in equity against any person or person violating or attempting to violate any covenant, either to restrain violations or to recover damages. IN WITNESS WHEREOF, RHC Construction & Realty, Inc. has caused this instrument to be executed in the appropriate company name by duty authorized managers, and has adopted its its seal the word, "SEAL" appearing beside its name, this sealed instrument being executed and. delivered on the date first above written. 4a-A� obert H. Cameron, President RHC Construction & Realty, Inc. NORTH CAROLIN COUNTY OF 1, a Notary Public in and for said County and State, do hereby certify that Robert H. Cameron, President of RHC Construction & Realty, Inc., a North Carolina corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and official stamp or seal, this the _� A day of , 2010. PN11iA 0 Altary Pub rc 804 My Commission Expires: 3ltl.vl C t ZO I q Book: 3436 Page, 1977-Current: 731 Seq: 5 Book: 3436 Page: 731 Page 5 of 5 . P.a.1 of 1 AOWME LMTA Lot 66 - EYM Act Lot 87 - a367 Act LOT 88 - a367 AU LOT 89 - aJ67 ACt LOT 60 = aw Act LOT 91 - 47M7 AL=t LOT 92 - a367 ACt LOT 9J = 0357 A" LOT 94 - ON7 ACt LOT 95 = 4J67 ACf Lot 126 w aM7 A" LOT f27 . a367 ACt LOT 128 - a.%7 AC. LOT 129 . a367 ACt LOT 1J0 . a367 ACt LOT im - aJ67 ACt LOT 132 - a367 ACt Lor 1•I3 , a.167 A" LOT IN a.T67 Act LOT 13S . itM ACt LOT 135 . AM ACt LOT IV . AJM AC3 LOT IM . 42JU Al:t LOT 139 = a" ACt LOT 14D - a3M ACt LOT Nf - AJM ACt LOT T42 - a3m Act LOT 141 - a358 ACt LOT 144 . a358 Act LOT 145 - aJM ACt L07 172 . a4w AC.* LOT f73 - a454 ACt LOT 174 - a462 ACt LOT 175-a471A" LOT 176 - a461 ACt LOT 177 - dJM Act LOTIM - dJM Act LOT 179 - LL358 AC# AVfr-OF-MAY . 10(0 ACf MAL - 16J48 ACt BY com7FR smw LF RILE LW2A P911 W 4A P $3 MRAM69 SET LT4w ZOW R-15 FROWT SET SAM . 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Doc ID: 007MO20001 Typo: CFF Kind: MP RaoOrded: 01729J2010 at 02:58:15 PM Fv* Ant: iMOO Pags 1 of 1 onslov County NO R.6.00a L. Poilard Req. or'Daeds -59 -116 S�.Ide m- ILOO or !tilt STAE ar 1ULIloN fiY1L" LEW Oarm . F.am mam41MI" Do CIS our tips mw ~ AfrS # M5117fN am AM ACWAL "Wr MAX Lome Mr savow elf fm cusoap" ream= of ww m mw AL E1C1 R7AE]t,F mr or Amftum /or SIwle Aw aLNar ommu As mm A681f RAW LF Alf AS CALa A015 Y PLAT M AUPAW W AO71CgMIZ �: AS ALVOM NMESS try FA,IW AW Stitt IW low . AD. -2 Qa L •; �'9da r�l�,r� r 5 CF'':LAMAA►L77f/NlY L � [lfER O1'Fllalt IK CUfJfTI; 1K4I RILE LW W PIA► W WON MAS tET{ MIA W IS wmW MEE75 ALL SD1wlafr 1IdwAM]WI(Ts ow mcomm wcL %44-�� iL EWW O%i7VGE7P ATUATIC SINVAYIN, P.A. m srx�a avert+ sr.aser sltlYM ACC/ 0 N Fr AAr At tttd�-DFioys Alm . GU F Book: 59 Page, 1977-Current: 116 Seq: 1 Book: 59 Page: 116 Page 1 oil Page I a1 5 SWFO SG 403 fl Illi 1M11 19Y11111YN11M1111 Doc ID.dd: Do7313900005 TYoa. CRP Ftto Amt: t��C0 Page t ;of3526:�6 Pft onalow County NC Rebaeca L. Poilard Rap. of oveds eK3241 Pa807-811 Prepared by:. STROUT & OSWALT, ATTORNEYS AT LAW STATE OF NORTH CAROLINA COUNTY OF ONSLOW DECLARATION OF RESTRICTIVE COVENANTS FOR TRIFIELD ESTATES THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANT'S, made this the '' day of J, n; _ 2009, by RHC Construction & Realty, Inc., a limited liability company organized under the laws of the State of North Carolina, hereinafter called "Declarant". W ITNESSETH: THAT WHEREAS, the Declarant is the owner of the Real Property described in Article of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, the Declarant hereby declares that the real property in and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below: ARTICLE 1 SUBJECT PROPERTY: The real property which is, and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in the Articles of this Declaration is located in the County of Onslow, State of North Carolina, and is more particularly described as follows: BEING all of the lots as depicted and delineated on that map entitled "Map for record of "rn'Field Estates, Section 3 -Phase 2" dated April 8, 2009, prepared by Atiaritic Surveying, P.A.and appearing of record'in Map Book 58, Page 5, Slide M- 1079, Onslow County Registry. ARTICLE 11 PURPOSES: No lot or lots shall be put to any use other than for residential purposes, /V except that any lot which is owned by Declarant may be used by the Declarant for a street or roadway. E C E 9VE f ARTICLE 111 0 C T 14 2014 1 ARCHITECTURAL. COMMITTEE• There hereby is constituted the Trifield Architectural Committee ("Committee") to be appointed, to be replaced, to possess the qualifications and to possess the powers as specified herein. The Committee shall consist of individuals to be appointed by Declarant until Declarant releases its rights to appoint the member of the Committee by document recorded in the office of the Register of Deeds of Onslow County specifically referring to this instrument, the owners of the lots within this Subdivision from time - to -time may remove the then existing members of the Committee and replace those members with a new member or members by a writing signed by the owners of at least one-half of the lots and delivered to the then existing member(s) of the Committee. The member of the Committee shall serve without compensation or reimbursement. The Committee shall have the right to bring suit Book: 3241 Page, 1977-Current: 807 Seq: 1 Pape 2 of 5 in its own name or in the name of all of the owners of the lots. If the Committee has more than one member, any member of the Committee may call a meeting upon five (5) day's notice to the other mcmber(s) of the Committee. A written decision signed by the mcmber(s) of the Committee shall be the decision of the Committee. Until changed by instrument recorded in the office of the Register of Decds of Onslow County, the address of the Committee is 742 McKnight Drive, Suite 213, Knightdale, NC 27545, Attention: Robert H. Cameron. PROPERTY CONTROL: a. All plans and specifications for any structure or improvement whatsoevef to be erected on any lot; the proposed location and orientation in relation to streets or lots; and the construction materials, the roofs and exterior color schemes shall require the prior written approval of the Committee. Further, any exterior changes or additions after initial approval and any exterior remodeling, reconstruction, alteration or addition on any lot also shall require the prior written approval of the Committee. b. 'There shall be submitted to the Committee two (2) complete sets of the final plans and specifications for any proposed improvements, the erection or alteration of which is desired. No structures or improvements of any kind shall be erected, altered, placed or maintained upon any lot until the final plans, elevations and specifications have received written approval as herein provided. Such plans shall include plot plans showing the location on the lot of the building, wall, mailbox, fence or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material, color schemes for roofs and landscape planting. c. The committee shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications and details with the approval or disapproval endorsed thereon shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. Any disapproval shall state specific reasons. In the event the plans and specification are not disapproved within thirty (30) days after their receipt by the Committee, they shall be deemed approved. d. The Committee shall have the right to disapprove any plans, specification or details submitted to it in the event they are not in accordance with the provisions of these Restrictions; if the design, height, construction materials exterior finish or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures; if the plans and specifications submitted are incomplete; or if the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of the owner of any lot. All decisions of the Committee shall be final. e. Neither the Committee nor any agent thereof shall be responsible for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications. Approval by the Committee does not relieve a lot owner from obtaining any required governmental approval of the proposed action. USE, SIZE AND PLACEMENT OF RESIDENCES AND STRUCTURES: a. Only one single-family residential dwelling designed for use as, and used as, a single- family residential dwelling may be erected, placed or used on any lot. Each lot shall be used for residential purposes only and no more than one family (and their attendant maid or nanny) may reside on a lot at any one time. No improvement or structure of any kind, other than an approved private dwelling house, patio wall, swimming pool, customary outbuildings, garage, carport, or gazebo may be erected, placed or maintained on any lot. It is provided, however, that notwithstanding the foregoing restriction, Declarant may operate or allow the operation of a sales office on a lot so long as Declarant is selling lots and houses in the general area of the Subdivision. b. Any garage, carport, gazebo or other outbuilding shall be of the same color scheme as the dwelling. In addition, such structure shall be of the same exterior material and design as the dwelling. c. The exterior of any dwelling or other permitted outbuilding located on a lot shall be either brick; stucco; vinyl; wood; masonry "Hardy Plank" or split face block; or some combination of the aforesaid sidings. d. The exterior of all fireplaces, fireplace boxes and chimneys shall be constructed of some material other than masonry or concrete blocks. Book: 3241 Page, 1977-Current: 807 Seq: 2 Pape 3 or 5 ARTICLE IV DWELLING QUALLTY AND SIZE: The ground floor area of the main street exclusive of one-story porches and garages, shall be not less than I,100 square feet for a one story dwelling, not less than 650 square feet for a dwelling of more than one story. ARTICLE V BUILDING LOCATION: No building shall be located on any corner lot nearer to the front line or any side street line than as shown on the recorded plat. No building shall be located with respect to interior side lot lines so as to be nearer than 8 feet to either such line. No dwelling shall be located on any interior lot nearer to the front lot line than as shown on the recorded plat nor nearer than 10 feet to the rear lot line. For the purposes of this covenant, eaves, steps, open porches and carports shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. An error of not more than 10 percent in the location of a building on the lot with respect to the minimum set back lines shall not be considered a violation of this covenant. ARTICLE VI NUISANCES: No noxious or offensive activity shall be carried on upon any lot not shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No stripped, partially wrecked or junked motor vehicle or part thereof, shall be permitted to be parked or kept on any lot, All motor vehicles of any type kept on any lot shall have current registration and inspection certificates. No truck or other vehicle in excess of two -ton toad capacity shall be parked or kept overnight or longer, on any lot, unless prior consent is given by Declarant. ARTICLE VII EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the front ten feet of each lot. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may Obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. The Grantees reserve for themselves their successors and assigns, an easement and right at any time in the future to grant a right of way under, over and along the side, rear and front property lines of each and every lot in the subdivision described herein, for the installation and maintenance of poles, lines, conduits, pipes, and other equipment necessary to or useful for furnishing electric power, gas, telephone service, drainage or other utilities including water and sewer services. ARTICLE VII[ LIVESTOCK AND POULTRY; No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. Any and all pets shall not be allowed on the premises unless same are under the direct control of the owner at all times and are not creating a nuisance to the other owners within the property. ARTICLE IX BUILDING PLANS AND SPECIFICATIONS: No dwelling or other building shall be erect upon any lot unless the plans and specification thereof meet or exceed the requirements of minimum property standards for one and two living units, (FHA. No. 300), Federal Housing Administration. ARTICLE X ERECTION OF FENCES: No fences over six (6) feet in height shalt be constructed between the rear of the primary dwelling and the back lot line. No fence shall be erected between Book. 3241 Page, 1977-Current: 807 Seq: 3 Page'rof 5 - the rear of the primary dwelling and the street right of way unless such fence shall be of an ornamental nature_ Brick and split -rail shall be deemed to meet the requirements of this restriction. ARTICLE, XI GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except incinerary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. ARTICLE XII SIGHT DISTANCE AT INTERSECTIONS: No fences, 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 comer, from the intersection of the street property lines extended. The same sight line limitations shall apply upon any lot within 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 distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. ARTICLE XIII TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding temporarily or permanently shall be allowed on any lot. No trailer, mobile home, camper or line vehicle shall be parked on any lot at any time for any purpose nor shall any vehicle be allowed to remain on any lot at any time for any purposes unless it is stored behind the main dwelling structure or placed inside the carport or garage. Only stick built or modular homes will be allowed on any lot. ARTICLE XIV DRAINAGE: All driveways shall have drainage the in the street ditches installed and sized in accordance with the N,C. State Highway recommendations. ARTICLE XV TERM, These Covenants are to run with the land and shall be binding on all parties and all persons claiming them for a period of twenty-five (25) years from the date these Covenants are recorded, after which such time such Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part with the exception of Article XIX. ARTICLE XVI SEVERABILITY: Invalidation of any one of these covenants byjudgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. ARTICLE XVII STORM WATER RUNOFF: No more than 18.73 percent of each lot shall be covered by structures, inclusive of rights of way, and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with stone water runoff rules by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina. MODIFICATION: These restrictions are subject to being altered, modified, canceled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document executed by the Declarant or their successors in title and by the owner of not less than sixty percent (601/1o) 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 Onslow County, North Book: 3241 Page, 1977-Current: 807 Seq. 4 Paged of 5' Carolina. If the Declarants own sixty (609/6) percent or more of the subdivided lots, the Declarants may alter or amend these covenants without consent of anyone. ARTICLE XIX ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or person violating or attempting to violate any covenant, either to restrain violations or to recover damages. IN WITNESS WHEREOF, RHC Construction & Realty, Inc. has caused this insimment to be executed in the appropriate company name by duly authorized managers, and has adopted as its seal the word, "SEAL" appearing beside its name, this sealed instrument being executed and delivered on the date first above written. Robert H. Cameron, President RHC Construction & Realty, Inc. NORTH CAROLINA COUNTY OF OYKkMJ 1, a Notary Public in and for said County and State, do hereby certify that Robert H. Cameron, President of RHC Construction & Realty, Inc., a North Carolina corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and official stamp or seal, this the $4111 day of J vtA_�M , 2009. L_ Nota Pubis My Commission Expires: �� 1 --";A1 �% I D- AA1+ &A BRYAN NOTARY PUBLIC O&_OW COUNTY. NC Book; 3241 Page, 1977-Current: 807 Seq: 5 Page 7 of LYARW TABLE aXt7E LLNCIN RABBIS TANLiNr I OK140 I SEARYPC DELTA C-1 4,M 2WOO 217 1K3J 057'18' C-2 16239 2WO-0 8194 159.76 NO2 55Y705' C-3 46.00 3aao 3a89 4354 F1 t 15• C-4 114.62 1a5.DD 548D lJ1d S8 C-5 1114 2a5:07 6.57 IJ 14 S7aMV * 3' J• C-6 27.40 MOO It74 2G46 S4 ' 1Y ' C-7 61.76 MOO J393 59.07 S4.5 1' 75' C-8 FD7,61 WOO VM 89.90 g' C-9 3575 6aao 1842 X%22 UF18' C-to 3&62 moo 2HOO J7.95 N44 n C-11 6a 36 MOO 1L01 57.0 S8877t J5• C-12 27. 40 MOO 1474 26.46 ' 7' 948• C-15 1414 25500 957 l3 14 wryo-55Z 2157,08, C-14 74.57 255D0 JZ35 74.JO N79• 1077: 16' '! 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LADE . 4- 0--M 2 Book: 58 Page, 1977-Current: 5 Seq: 1 �� aoSU403 (Aag�1'of 5 i 2 Doc to: 00705680005 Type: CRP Recorded: 03/OB/2009 at 04:33;33 PM Fee Amt: ;28.00 PaOe 1 Of 5 0oslow County HC Rebecca L. Pollard Reg. of Deeds ex3192 PG858-862 Prepared by: STROUT & OSWALT, ATTORNEYS AT LAW STATE OF NORTH CAROLINA COUNTY OF ONSLOW DECLARATION OF RESTRICTIVE COVENANTS FOR TRIFIELD ESTATES THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made this the S4" day of Waw • 2009, by RIIC Construction & Realty, Inc., a limited liability company organized under the laws of the State of North Carolina, hereinafter called "Declarant". WITNESSETH: THAT WHEREAS, the Declarant is the owner of the Real Property described in Article 1 of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, 'THEREFORE, the Declarant hereby declares that the real property in and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below: ARTICLE I SUBJECT PROPERTY: The real property which is, and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in the Articles of this Declaration is located in the County of Onslow, Slate of North Carolina, and is more particularly described as follows: BEING all that property as shown on that plat entitled "MAP FOR RECORD OF TRI- FIELD ESTATES, SECTION 3 -- PHASE I," prepared by Atlantic Surveying, P.A., dated July 24, 2008 and recorded in Map Book 56, Page 179, Slide M-773, Onslow County Registry. ARTICLE II PURPOSES: No lot or lots shall be put to any use other than for residential purposes, (.."a /��� except that any lot which is owned by Declarant may be used by the Declarant for a street or roadway. E C E I V E ARTICLE III OCT 14 2014 ARCHITECTURAL COMMITTEE: There hereby is constituted the Trifield Architectural Committee ("Committee") to be appointed, to be replaced, to possess the gY. qualifications and to possess the powers as specified herein. The Committee shall consist of individuals to be appointed by Declarant until. Declarant releases its rights to appoint the member of the Committee by document recorded in the office of the Register of Deeds of Onslow County specifically referring to this instrument, the owners of the lots within this Subdivision from time - to -time may remove the then existing members of the Committee and replace those members with a new member or members by a writing signed by the owners of at least one-half of the lots and delivered to the then existing member(s) of the Committee. The member of the Committee shall serve without compensation or reimbursement. The Committee shall have the right to bring suit in its own name or in the name of all of the owners of the lots. If the Committee has more than one member, any member of the Committee may call a meeting upon five (5) day's notice to the Book: 3192 Page, 1977-Current: 858 Seq: 1 ,if Page 2 of 5 other member(s) of the Committee. A written decision signed by the members) of the Committee shall be the decision of the Committee. Until changed by instrument recorded in the office of the Register of Deeds of Onslow County, the address of the Committee is 742 McKnight Drive, Suite 213, Knightdale, NC 27545, Attention; Robert H. Cameron. PROPERTY CONTROL: a. All plans and specifications for any structure or improvement whatsoever to be erected on any lot; the proposed location and orientation in relation to streets or lots; and the construction materials, the roofs and exterior color schemes shall require the prior written approval of the Committee, Further, any exterior changes or additions after initial approval and any exterior remodeling, reconstruction, alteration or addition on any lot also shall require the prior written approval of the Committee. b. There shall be submitted to the Committee two (2) complete sets of the final plans and specifications for any proposed improvements, the erection or alteration of which is desired. No structures or improvements of any kind shall be erected, altered, placed or maintained upon any lot until the final plans, elevations and specifications have received written approval as herein provided. Such plans shall include plot plans showing the location on the lot of the building, wall, mailbox, fence or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material, color schemes for roofs and landscape planting. c. The committee shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications and details. with the approval or disapproval endorsed thereon shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. Any disapproval shall state specific reasons. In the event the plans and specification are not disapproved within thirty (30) days after their receipt by the Committee, they shall be deetned approved. d. The Committee shall have the right to disapprove any plans, specification or details submitted to it in the event they are not in accordance with the provisions of these Restrictions: if the design, height, construction materials exterior finish or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or with the adjacent buildings or structures; if the plans and specifications submitted are incomplete; or if the Committee deems the plans, specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of the owner of any lot. All decisions of the Committee shall be final. e. Neither the Committee nor any agent thereof shall he responsible for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications. Approval by the Committee does not relieve a lot owner from obtaining any required governmental approval of the proposed action. USE, SIZE AND PLACEMENT OF RESIDENCES AND STRUCTURES: a. Only one single-family residential dwelling designed for use as, and used as, a single- family residential dwelling may be erected, placed or used on any lot. Each lot shall be used for residential purposes only and no more than one family (and their attendant maid or nanny) may reside on a lot at any one time. No improvement or structure of any kind, other than an approved private dwelling house, patio wall, swimming pool, customary outbuildings, garage, carport, or gazebo may be erected, placed or maintained on any lot. It is provided, however, that notwithstanding the foregoing restriction, Declarant may operate or allow the operation of a sales office on a lot so long as Declarant is selling lots and houses in the general area of the Subdivision. b. Any garage, carport, gazebo or other outbuilding shall be of the same color scheme as the dwelling. In addition, such structure shall be of the same exterior material and design as the dwelling, c. The exterior of any dwelling or other permitted outbuilding located on a lot shall be either brick; stucco; vinyl; wood; masonry"Hardy Plank" or split face block; or some combination of the aforesaid sidings. d. The exterior of all fireplaces, fireplace boxes and chimneys shall be constructed of some material other than masonry or concrete blocks. Book: 3192 Page, 1977-Current: 858 Seq: 2 f ' Page 3 of 5 ARTICLE IV DWELLING QUALITY AND SIZE: The ground floor area of the main street exclusive of one-story porches and garages, shall be not less than 1,100 square feet for a one story dwelling, not less than 650 square feet for a dwelling of more than one story. ARTICLE V BUILDING LOCATION: No building shall he located on any corner lot nearer to the front line or any side street line than as shown on the recorded plat. No building shall be located with respect to interior side lot lines so as to be nearer than g feet to either such line. No dwelling shall be located on any interior lot nearer to the front lot line than as shown on the recorded plat nor nearer than 10 feet to the rear lot line. For the purposes of this covenant, eaves, steps, open porches and carports shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. An error of not more than 10 percent in the location of a building on the lot with respect to the minimum set back lines shall not be considered a violation of this covenant. ARTICLE VI NUISANCES: No noxious or offensive activity shall be carried on upon any lot not shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No stripped, partially wrecked or junked motor vehicle or part thereof, shall be permitted to be parked or kept on any lot. All motor vehicles of any type kept on any lot shall have current registration and inspection certificates. No truck or other vehicle in excess of a two -ton load capacity shall be parked or kept overnight or longer, on any lot, unless prior consent is given by Declarant. ARTICLE VII EASEMENTS: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the front ten feet of each lot. Within these easements, no structure, planting or other materials shall I be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. 'The Grantees reserve for themselves their successors and assigns, an easement and right at any time in the future to grant a right of way under, over and along the side, rear and front property lines of each and every lot in the subdivision described herein, for the installation and maintenance of poles, lines, conduits, pipes, and other equipment necessary to or useful for furnishing electric power, gas, telephone service, drainage or other utilities including water and sewer services. ARTICLE VIII LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. Any and all pets shall not be allowed on the premises unless same are under the direct control of the owner at all times and are not creating a nuisance to the other owners within the property. ARTICLE 1X BUILDING PLANS AND SPECIFICATIONS: No dwelling or other building shall be erect upon any lot unless the plans and specification thereof meet or exceed the requirements of minimum property standards for one and two living units, (FHA. No. 300), Federal Housing Administration. ARTICLE X ERECTION OF FENCES: No fences over six (6) feet in height shall be constructed between the rear of the primary dwelling and the back lot line. No fence shall be erected between the rear of the primary dwelling and the street right of way unless such fence shall be of an Book: 3192 Page, 1977-Current: 858 Seq: 3 Page 4 of 5 fli ornamental nature. Brick and split -rail shall be deemed to meet the requirements of this restriction. ARTICLE XI GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except incinerary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. ARTICLE X11 SIGHT DISTANCE AT INTERSECTIONS: No fences, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall he 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 comer, from the intersection of the street property lines extended. The same sight line limitations shall apply upon any lot within 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 distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. ARTICLE XIII TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding temporarily or permanently shall be allowed on any lot. No trailer, mobile home, camper or line vehicle shall be parked on any lot at any time for any purpose nor shall any vehicle be allowed to remain on any lot at any time for any purposes unless it is stored behind the main dwelling structure or placed inside the carport or garage. Only stick built or modular homes will be allowed on any lot. ARTICLE XIV DRAINAGE: All driveways shall have drainage We in the street ditches installed and sized in accordance with the N.C. State Highway recommendations. ARTICLE XV TERM: These Covenants are to run with the land and shall be binding on all parties and all persons claiming them for a period of twenty-five (25) years from the date these Covenants are recorded, after which such time such Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part with the exception of Article XIX. ARTICLE XVI SEVERABILITY: Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect_ ARTICLE XVII STORM WATER RUNOFF: No more than 18.73 percent of each lot shall be covered by structures, inclusive of rights of way, and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with storm water runoff rules by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina. ARTICLE. XVIII MODIFICATION: These restrictions are subject to being altered, modified, canceled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document executed by the Declarant or their successors in title and by the owner of not less than sixty percent (60%) 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 Onslow County, North Carolina. If the Declarants own sixty (60%) percent or more of the subdivided lots, the Declarams may alter or amend these covenants without consent of anyone. 0 Book: 3192 Page, 1977•Current: 858 Seq: 4 page t 015 ARTICLE XIX ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or person violating or attempting to violate any covenant, either to restrain violations or to recover damages. IN WITNESS WHEREOF, RHC Construction & Realty, Inc. has caused this instrument to be executed in the appropriate company name by duly authorized managers, and has adopted as its seal the word, "SEAL" appearing beside its name, this sealed instrument being executed and delivered on the date first above written. David A. McGowan, Vice President RHC Construction & Realty, Inc. NORTH CAROLINA COUNTY OF C)V) koL..1 I, a notary Public in and for said County and State, do hereby certify that David A. McGowan, Vice President of RHC Construction & Realty, Inc., a North Carolina corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and official stamp or seal, this the `3rn day of MC'.'dn , 2009. au&vv� Notary Public My Commission Expires: -�)lli I-' — EAMAIVDA L)KY:i<�� tVt]ikRY PUtk,( t7M LOW Counn. tl(. Book: 3192 Page, 1977-Current: 858 Seq: 5 Prge 7 e! 7 Gy'�tl-, SEE dIARI Y ACREAGE DATA Ng457 16T07ALi A� �\ `CJ .�-A. \ LOT 209 . 0.4. AGt\ �3yE 142.65 i LOT 210 - CL413 AGt G LOT 211 - 0..415 Acr 210 • a \ LOT 212 - 0415 ACt LOT 27J - A415 ACt LOT 214 - a475 Act +- -]o / o\ Zll LOT 215 = 0.415 AC o. ` 2r2 S. y}OA \ LOT 216 = a714 Act O $_ LOT - a69Act Ve LOT 77- R 993 AGt 40T 219 - 0.614 ACr LOT 220 - a980 Act A \ $`x `b. - ��R 213$.mop LOT 121 0.379 AC t �/^�1�� �n c 2!4 LOT 222 = a415 Ac3�\ .a t - 6`+?U\lyj �p(j LOT 773 - 0.415 Act �"\ •'a, o. l _ / L07 224 = a415 Act ri yt 215s�/� bt4 gptA z 'Q LOT 225 - a415 Act V 1 $• �" ,a ,.� LOT 225 - a415 AC I� . `� -", " G 8p� V"i t 229 $ `G LOT 227 . L1415 AC# LOT zzB - a4T5 ACt �- �yf'� LOT 229 - a4r0 Act ,., q\ 228 LOT 2J0 - a410 Act LOT 2JI - a415 AC.t LOT 132 - a415 Act /•pi o © . LOT 2J3 - a 415 Act Lot 2J4 - a415 ACr y18 �y?� .69' 6. to r 235 - a41s AC.r Lor 2.i6 = 0.566 Act LOT 1J7 . 0.998 Act Cw UTXRY LOT 2J6 - 0.924 ACt FAS3NNT LOT 2J9 . a475 AC.* LOT 240 - 0.400 ACt S8132 r / H 224 G C}5 LOT 241 - a4M AC;t "� 13382 �A o� <i\ 5 LOT 242 - g4JJ Act .q S LOT 24J - OAM Act 6 _ 0\223 �• 'f+ 2sl `' LOT 244 - A417 Act ti �' LOr 145 • asrs AC.t /q' /zr9 222 $- l� Qq�S i LOT 146 - as10 AGt N 4 )bMT--OF-WAY J282 Act \k ,� `,,,_, 'd. o•\ U ��g/ o_ 32 .A TOTAL - 22290 Act vrl_ X x x rt7. 221$ � !� ' h D� ` S �� '8Y C01tP[IIFR m _ P�2J3 aryl 10 0 234 � + Vwrr 1 a'�`' Phi• qY � '1�g� g0i1� � �1L�' 2J� 9O` E45EL(INT S8Y36b9 O DRANAOE FA�fT �� 243 `a FAR °i? Mm. fErvam PCX10 \~ s ACREAGE DATA 'a12FYIj ' �, p N 242 g� ZW AG r `.' StA J� a H' 1- BY LYMPU7L7R TE- ` ® 6 �r qJ� zy 241 - ANC AR451Rwim t REALTY, ARC D9 2454 P 913 MB 44 Pei Bf.WLM SET SAM ZONr R-15 FRONT Tr BACK - JO' 9DE SET RACK - 15' )EAR SLrr BACK - 2O' .9DE STILE£? SET BACK - 30' LEGEND EDP - EVS71NO #RCN PIPE EPIC - EVSDNC PN N,41L SOG7tE OF 11E EIS - EXISDNC IRON STAKE DB 24-% P 913 £CM - gvsnNC CONCRETE MCWVMENT MB 44 P 63 MP + NEW IRON PIPE 0-NOPL' rSET R/W - RICH OF WAY E - CFNTFIRLINE MBL = MINAWUM 804DWo L&C MN - MAN HALE �� lTs s o• ---. Z4R24' �41' •. (IOTAaWIROL _ ('X7a9'QER -APPRaMiA7E COCA MW OF 107 TEAR FLOAT 9M#0ARY LWE SWW BY SCALIIG AAD OUPI C PLOTRW FM XCAP. RATE MAPS DA70 n-3-05 COMWAITY PAFAM JMN7-44J2L-J 1(.4P fYlR Rd�'ORIJ OF TRI-FIELII ESTA4TES SECTION a? - Pf 4sF > RIChUJUS MA"A1P ✓LILY 24, M08 0NS1OA' CwjvTY NORT11 C.!/F!?MV 1m 6 ev Am AV Aw GRAPHIC SCALE 1' - UV FT. L F. m"pAmm R ACG om LAW M*lw AC 1-1M' L mlrr 1v BE Fculm pa 0N7 PC SRIY dG� A A®MmO/ O' LAWWI eE MfA or A MUNTY pl HIeeDPN1rY AM r HAT AN OV wwr CHAT A[Cf4Azs A'NHf13 M LAIC A PORDOy OF 1MB PRCPERTY IS LOCA TM N 20NE AE AND 1S N A SPEOAL FLUOR NA2ARO AREA AS DE&RAOMM BY SCAL1'C AND ORAPW PLOT7AG FROM Nt.m RAZE MAPS PA7M tl-3-OS COWWMtY PANEL JALW-4432-J AIID C OW W TY PANEL-1,VJ41-4442-J � e \ �Y �$ TA t' A 230 (r \\ T 46 D��i�eSY1a / o� \ 01 0(0 -�� �3? f IBC cays1Rll rxw d REALTY, Ar � v / z et ZAA P 913 1!B 4A P 0 WCMFY MAP OLMXR CERIFICATKW RNo Go.TS�r¢letreed �R604.S7f� r1,JG. I T�47E36R7. f'w�^'1 � OLRDFY 7NAr 1 AM (TIE ARE) 7w owzy(s) OF TYzI-FIGwn &5Tw t65 S=rK-70V• A US PLAN OF RECA19 W IS ADOPTED W79 MY (CLAP) FREE COV27VT; 9) ALL R£VA20 AIPROK36V7S NIIL BE OWPL£IM C) 17LSf X~WM9f7S NXL BE N COMIPUANCE NI N 71C MVMN SIAAVARDS SPET.fiTEO BY DLE FONN Of &9 AAW FAR NW CaVSMUCDft D) Ir1FSE 1MMR QCWS wit BE FREE AM1 AFAR OF ANY EhYCLMLBRAw OR LAW £J DE AKWT-CY-WAY, EA%XNTS COWEE70 1M OPOENIS WAILR a-vm PAVEMENT AND CUIIPACIED BASE, AVNACE OCUN AND GVrMt AND SIMULKSJ ANT/ PLMXIC PARK OR OPEN VALLE ARE ItvMY aMrCA fED 70 1W 7OIW OF R1C:`A.AW5AMA F) AC ASROWMfNIS ARE WARANIEEO AGAINST DARACE RESVCIIyo FROV C GOWC CONS1RL IXW ACDMILES AND WARANaM FOR 604E YEAR AFTER ACaPTANCE FOR ANY O6FECTS N COS ROiK . 5•) 9- 9 p a9� O Tffa: r Icv 51D�/1 "{ DATE CLARI£ TABLE CARVE., LMYH RAMT 7AVCVVrl 010W0 BEAOW DELTA C-T 47.12 JO.00 30.A7 4243 w7MWE 90WOO' 0-2 S10 3ao0 Z56 509 AK356' 9'44' C-J 2230 JaOO 11.69 21.79 M37' 4 ' '18` C-4 61.44 WOO 3372 5379 N45'4 ' 4' . '16' C-5 5932 6aOO 5234 55.94 C-6 5321 WOO JL6J M96 S20 3' Y 55' ' C-7 4285 6aO7 2239 41.95 S27'51'MW. 40 7 ` C-8 76.27 WOO 4425 27.25 '4 ' ' C-9 22,30 moo 11,69 2f.79 N I 'W 4 '1 ' C-10 VO Ja OO 256 S09 S 74' - C-!1 47.12 3a00 jam 4243 { ' 'W 4,42 s7.12 Ja00 3a00 4243 7 ' C-IJ 27. 40 3aoO 14.74 2G46 C-N 59.37 60.00 J237 56.98 Mot ' 7 ' ' C-15 6954 6a00 isi-I 5d01 7 C--16 6618 65.56 J2.89 57.69 C-17 SS64 WOO JT.90 WJJ SX 7728V 35 ' C-18 SAJ7 6a00 32J7 5598 77 'W C-N 27.40 JOA7 14.74 26.46 N 1' 1'W 527 ' ' C-20 4712 3a0D Ja00 42.43 W-0-04V C-21 4.3,! 76ap7 2.17 AM SN'4277T "M" C-22 4.31 1aaCn 217 4.33 N2033'41 • V 174' ' C (n r!4'41 IN£ IOW ALWA175RrATM OF MiAAM AGUH 000L.A. DO i@ UY CV?Wr PLAT 7NE 804" 0r ACDOWAM 0r 7W TDIN1 AF RO"AVS APPROVED TMs'PLAT OR MAP AND ACCFPIEO DE ASWA TAW OF TW STi3FlS SVENAtn WATER AND SENER FAOUnM OILtE7P PUBLIC FACAIIXS EARXNM AgWTS-Or-WAY, AAv PWX PARKS siom DQ'WW BDr 7NAr lN£ 101M' ASVA4ES MO RESP0NS BUTY M OVV OR MANTAN IRE S 4W UNIX. N 71E OPAIK.W aF II+E QO "Y CY T1if IOIN1 or rd1puAm IT S N 7NE R iuc NIERESr ro bo sa 01.24 204Y DATE TDlRAIL]R �� ' / NOTE,• L ALL NMVSFtWW SHALL NAY£ VA25' 9WT S D11AAau (57) LA m NOTED 07TliRI x h 2. WW OW PM AT AIL CAPS `B4) MESS ORAUH ISE M07M ' :Doc TD: 6MON70Mt Type: CRP L"�y�• '�e . Remrd/d: 00T09/7000 .t 03:34: 14 Pm Fee Mt: 121.D0 Pape t of t onslar County. MC Maryland f(: Vuhtnpten Reg. of Deeds �VL 5. Rto -56C` -1179 - z \ STATE IW LFly41T OONTY L ! W)LiAY, . WAS mANN OIiG1E7d MY SWEMM FROM AN ACTUAL S TWY.'- MALE LIMIER MY SVFVnl 7LW (ZM DESOWWN RECWW+AED,::^�. N Bow ZM PAGE AL, Era) (ozx t IHAr rw oammw NOT R RW£ W ARE GEAR!. Y A9MGIED AS NU FAlAI . . AEO9TADOY MW N AD AL,PA&CEI DLi� K+ RAW Or PREMON AS O"IM IS PLAT W PREPARED N ACCaWVANCE NTTI( AS AL 90M. Nf7MW MY NLAV7 A0Q SEAL rW Y CYF Aa,. ( OF3mUif.C� 1 OOCI'yrY• C RWr THAT 7W MM OR PLAT 70 WNW US C6?M 4MW LS AqM MEETS ALL SrA RIMY REM&WW NTS FW R£a14DYMa RENEW A°7TLiR T GATE Cl A ' DIt sw3osv4o3 Book: 56 Page, 1977-Current: 179 Seq; 1 l STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME �D NAME _ % �/� REPRESENTING A/" Guidelines 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 feast a day in advance to scHedule an appointment for file review so you can be accommodated. Appointments are scheduledbetween 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. T 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is n_ o_charge for_25 or less copiedcost per -copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME 2. 3. 4. 1 Signature/Name of. Firm (Please attach business ca # Copes: � Business Date 'd to form if available) wj F Amt. Pd: Time In COUNTY Time Out INFORMATION PERTAINING -TO DEED RESTRICTIONS i AND PROTECTIVE COVENANTS 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number. SW8050403 , as issued by the Division of Water Quality under NCA C 2N.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary. to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. i 4. The covenants pertaining to stormwafer may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is as follows: �� 1 BUA Lot # s Lot # BUA s Lot # BUA S 86 4,151 140 4,474 194 5,149 87 4,588 141 4,474 195 5,037 88 4,588 142 4,474 196 4,925 89 4,588 1143 4,474 197 4,812 90 .4,588 144 4,474 198 4,427 91- 4,588 145 4,474 199 5,375 i 92 4,588 146 4,474 200 6,118 93, 4,588 147 4,474 201 6,526 94 4,588 148 4,474 202 5,212 95 4,588 149 4,474 203 5,213 96 4,588 150 4,418 204 5,232 97 4,588 1 151 4,418 205 5,252 98 4,588 152 4,474 206 5,252 99 ' 4,588 153 4,474 -207 5,291 100 4,588 154 4,474 208 5,500 101- 4,588 155 4,459 209 5,131 102 - 4,588 156 4,305 210 5,185 i 103 4,588 157 4,523 211 5,185 06 � Sd- 104 4,588 I 158 4,634 212 5,185 105 4,588 159 4,944 213 5,185 106 4,588 160 6,399 214 5,185 107 4,588 161 4,960 215 5,185 108 4,558 I ! 162 4,853 216 8,919 109 4,579 ; 163 4,790 217 8,670 110 7,286 164 4,756 218 12,409 111 6,459 I i 165 4,845 219 8,063 112 7,698 166 4,948 220 12,244 113 4,583 I 167 5,052 221 4,734 114 4,588 168 5,155 222 5,185 115 4,588 169 5,258 223 5,185 116 4,588 170 5,362 224 5,185 117 4,588 i 171 5,465 225 5,185 118 4,588 i 172 5,568 226 5,185 119 4,588 173 5,672 227 5,185 120 ' 4,533 i I 174 5,775 228 5,185 121 4,533 I 175 5,878 229 5,130 122 4,588 176 5,758 230 5,130 123 4,588 I 177 4,474 231 5,185 124 4,588 178 4,474 232 5,185 125 4,588 II 179 4,474 -233 5,185 126 4,588 180 4,474 234 5,185 127 4,588 I I 181 4,339 235 5,185 128 4,588 f 1 182 6,520 236 7,076 129 4,588 I 183 6,497 237 12,474 130 4,588 184 9,350 238 11,657 131 4,588 I 185 8,525 239 5,756 132 4,588 I 186 6,295 240 4,996 133 4,588 ! 187 4,982 241 5,414 a 11 134 4,588 188 5,400 242 5,185 135 4,772 189 5,907 243 5,185 136 4,498 ;190 6,165 244 5,185 137 4,474 ' 191 7,161 245 5,185 138 4,474 192 7,534 246 5,130 139 4,474 193 5,262 - Total Built Upon Area = 853,121 Square Feet = 19.59 Acres i These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. BBuilt upon area. includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. �� f8 All runoff from the' built-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which i� drain. to the street, grading the lot to drain toward the street, or grading perimeter swales f to collect the lot runoff and directing them into a component of the stormwater system. Lots that will naturally drain into the system are not required to provide these additional measures. I, Robert H. Cameron do hereby agree to include these Built Upon Areas and Deed Restrictions with the final recording cdocumentation for Tri-Field Estates Phase ll. Robert H. Camero i I; Dawn L. Bachlotte, a Notary Public of the County of Pitt, State of North Carolina, hereby certify that Robert Cameron appeared personally before me this day and being duly sworn acknowledged ledged that the above form was executed by him. Witness my hand and notarial seal, this 4 day of N* , 2005 �104tllld!►�� .. A C'��,, `Q'•• �pTARym: Notary S&E1�00 i •G • My commission expires 03/28/2009 �Q Tri-Field Estates, Sectionl SW8 991025 Subject: Tri-Field Estates, Sectionl SW8 991025 From: Paul Bartlett <Paul.Bartlett@ncmail.net> Date: Mon, 06 Nov 2006'' 10:35:47 -0500 To: gary Beecher <Gary. B eecher@ncmai 1. net> Gary, As we discussed today, Tri-Field Estates Section 1 (Permit# SW8991025, Onslow County) received an NOV on 1i/5/04. The permit for Section 2 (SW8050403) can't be issued until compliance isldocumented for Section 1. Please inspect Section 1 as soon as your schedule permits so the permit can be issued. Thanks, ! Paul 11�29 r . 1 for Section 2 4� r�lra/o� l of 1 11/6/2006 10:36 AM • I O and ASSOCIATES ENGINEERING, SURVEYING & PLANNING STORM WATER.MANA TRI-FIELD ESTATES SECTION 2 (SW8 050403) ONSLOW COUNTY, NORTH CAROLINA Narrative Michael W. Baldwin, PLS J:S. a no � PE J This project site consists of 82.62 acres, of which 81.87 acres will be collected"in a proposed storm' drainage system that will drain directly through a wet detention facility. In addition, 29.55 acres of off -site drainage area will be collected in the storm drainage system. The total drainage area for the proposed storm drainage system, accounting on - site and off -site drainage areas, is 111.42 acres. All of the stormwater runoff generated by the proposed construction of these facilities will be conveyed to the wet detention facility for treatment either by collection in the storm drain system, via proposed drainage swales or by sheet flow established by proposed site grading. Runoff from this site eventually drains to Squires Run in the White Oak River Basin. The property is bounded by existing residential and agricultural/woodland uses to the north, south and west and by SR 1311 (Cowhorn Road) on the east. The purpose of the wet detention facility is to reduce TSS by 90% in a project located in the 20 coastal counties for the new impervious development on this site. The SAIDA was selected from the chart for coastal counties with a TSS removal of 90% with no vegetative filter required. I The completed project will consist of one 111.42 acre drainage area draining into the proposed storrilwater wet detention pond via the proposed storm drainage system, proposed drainage swales and sheet flow from the surrounding area. The watershed breakdown is as follows: j IMPERVIOUS AREA CALCULATIONS i Off -Site Existing Pavement 0.02 ac Off -Site Existing Walks 0 ac Off -Site Existing Buildings 0.32 ac Existing Pavement 0 ac Existing Walks 0 ac Existing Buildings 0 ac New Buildings 19.59 ac New Pavement 6.90 ac New Walks 1.42 ac The existing site has 0 acres. of impervious area, and drains approximately 0,34 acre of off -site impervious area. Upon completion of the proposed site improvements, the site will have 27.91 acres of impervious area, and will drain a total of 28.25 acres of impervious area. The post -development site will be 33.78% built upon area. The post - development iwatershed area will be 25.35% impervious. The wet detention pond will treat all of the stormwater runoff generated by this increase in impervious area. 1015 Conference Drive El Greenville, North Carolina 27858 Ei 252-756-1390 3 Fax: 252-321-1412 .:,_ a,. ,,.�.Y ,U;•R,�k,:r•..-sEmail: admin@baldwinandassociatesnc.com,rF,xi,Y:���..,sa_�;I 1 The watershed That drains into the wet detention pond is collected by a curb system with curb inlets and drop inlets connected by storm drain pipes that will discharge stormwater runoff into the forebay area of the wet detention pond. The average depth of the pond is five feet. The required surface area to drainage area ratio for a watershed with 25.35% impervious area is 1.87% based on a 90% TSS removal and a 5 foot depth. The surface area to drainage area of the temporary pool provided is 1.90%. This allows for the treatment of additional storm water if deemed necessary in the future. State Stormwater Management Systems Permit No. SW8 050403 i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES j DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT I 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 I PERMISSION IS HEREBY GRANTED TO Robert Cameron and RHC Construction and Realty Inc. i t SR 1111 (Francktown Road), Richlands Tri-Field Estates Section 2 i Onslow County i FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "Storm water 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 shallibe effective from the date of issuance until December 13, 2016 and shall be subject to the following specified conditions and limitations: j I. DESIGN STANDARDS i 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 asidescribed in Section 1.5 on page 3 of this permit. The subdivision is permitted for 161 lots, each allowed built -upon area per Attachment A in square feet. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. 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. i Page 2 of 9 State Stormwater Management Systems Permit No. SW8 050403 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. i a. Drainage; Area acres: 111.42 Onsite, W: 4,838,645 Offsite, ft2: 14,810 b. Total Impervious Surfaces, ft2: 1,230,570 Lots at BUA per Attachment A, ft2: 853,340. Roads/Parking, ft2: 300,564 Other, ft2: 61,855 Offsite, ft2: 14,810 C. Pond Depth, feet: 5.0 I d. TSS removal efficiency: 90% e. Design' Storm: 1.0 f. Permanent Pool Elevation, FMSL: 27.0 g. Permitted Surface Area @PP, ft2: 92,377 i h. Permitted Storage Volume, ft3: 112,569 i. Storage Elevation, FMSL: 28.17 i j. Controlling Orifice: 4.0°0 pipe k. Permanent Pool Volume, ft3: 360,218 I. Forebay Volume; ft3: 61,986 i m. Maximum Fountain Horsepower: 1 n. Receiving Stream / River Basin: Squires Run 1 White Oak i o. Stream index Number: 19-3 i p. Classification of Water Body: "C; NSW" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised; without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 050403 1 If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the resporisibility to maintain compliance with the permitted BUA limit. 1 4. 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 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 all or part of the project area. The project area is defined as all property owned by the permittee, for which !Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Fillingin, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director Imay determine that other revisions to the project should require a modification to the permit. 6. The Director 'may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide icopies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance.of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. 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. E 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning andj Design Manual. Page 4of9 i State Stormwater Management Systems Permit No. SW8 050403 i 12. Prior to the sale of any lot, the following deed restrictions must be recorded: i a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050403, as issued by the; Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is per Attachment A in square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. . Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff from built upon area on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measur es. i. Built -upon area in excess of the permitted amount will require a permit modification. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the-stamp/signature of the Register of Deeds. 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: I a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 11 HP. i Page 5 of 9 Stake Stormwater Management Systems Permit No. SW8 050403 I 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition -prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary toiassure that all components of the permitted stormwater system function 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 re -vegetation 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 structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. 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. 18. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, ;stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. E III. GENERAL CONDITIONS i 1. This permit is; not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a " Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. i 2. The permittee is responsible for compliance with all of the terms and conditions of this permit 1 ntil such time as the Director approves the transfer request. 3. 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. 4. 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. Page 6of9 State Stormwater Management Systems Permit No. SW8 050403 5. 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. 6. The permit mlay be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 7. Permittee grants -permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. 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.I Permit issued this the thirteenth day of December 2006. NORT�ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION tor.Aian vv. KlimeK, N.t., Uirector Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 050403 Page. 7 of 9 State Stormwater Management Systems Permit No, SW8 050403 Tri-Field Estates Section 2 Stormwater Permit No. SW8 050403 Onslow County i Designer's Certification Page 1 of 2 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 1 (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. i Noted deviations from approved plans and specifications: SEAL Signature Registration Number I Date Page 8 of 9 State Stormwater Management Systems Permit No. SW8 050403 Certification Requirements: Page 2 of 2 I 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 thelbuilt-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. i .6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provid i d. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All req luired parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 1.5. The required dimensions of the system are provided, per the approved plan. 1 cc: . NCDENR-DWQ Regional Office Mike Morris, Onslow County Building Inspections Page 9 of 9 INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS 1. The following covenants are intended to ensure ongoing compliance with State Stormwa ter Management Permit Number SW8 050403 as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants 'are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. &. The maximum allowable built -upon area per lot is as follows: BUA Lot # (So Cot # BUA (so Lot # BUA (s 86 4,151 140 4,474 194 5,149 87 4,588 1.41 4,474 195 5,037 88 4,588 142 4,474 196 4,925 89 4,588 143 4,474 197 4,812 90 4,588 1.44 4,474 198 4,427 91 4,588 1145 4,474 199 5,375 92 4,588 146 4,474 200 6,118 93 4,588 147 4,474 201 6.526 94 - 4,588 148 4,474 202 5,212 95 4,588 149 4,474 203 5,213 96 4,588 I 150 4,418 204 5,232 97 4,588 1 151 4,418 205 5,252 98 1 4,588 i 1 152 4,474 1 206 5,252 99 4,588 153 4,474 -207 5,291 100 4,588 154 4,474 208 5,500 101 4,588 155 4,459 209 5,131 102 4,588 I 156 4,305 210 5,185 103 4,588 157 4,523 211 5,185 104 4,588 ; 158 4,634 212 5,185 105 4,588 159 4,944 213 5,185 106 4,588 160 6,399 214 5,185 107 4,588 E, 161 4,960 215 5,185 108 4,558 162 4,853 216 8,919 109 4,579 a 163 4,790 217 8,670 110 7,286 164 4,756 218 12,409 111 6,459 1165 4,845 219 8,063 112 7,698 1 166 4,948 220 12,244 113 4,583 167 5,052 221 4,734 114 4,588 1168 5,155 222 5,185 115 4,588 1169 5,258 223 5,185 116 4,588 170 5,362 224 - 5,185 117 4,588 i 171 5,465 225 5,185 118 4,588 �172 5,568 226 5,185 119 4,588 E 1173 5,672 227 5,185 120 4,533 i j174 5,775 228 5,185 121 4,533 ,175 5,878 229 5,130 122 4,588 176 5,758 230 5,130 123 4,588 I 177 4,474 231 5,185 124 4,588 178 4,474 232 5,185 125 4,588 179 4,474 •233 5,185 126 4,588 180 4,474 234 5,185 127 4,588 181 4,339 235 5,185 128 4,588 182 6,520 236 7,076 129 4,588 183 6,497 237 12,474 130 4,588 184 9,350 238 11,657 131 4,588 185 8,525 239 5,756 132 4,588 186 6,295 240 4,996 133 4,588 187 4,982 241 5,414 pc--cy 2o-' � %5 } SV112;1 OE5C4�� 134 4,588 188 5,400 242 5,185 -135 .4,772 189 5,907 243 5,185 136 4,498 190 6,165 244 5,185 137 4,474 191 7,161 245 5,185 138 4,474 192 7,534 .246 5,130 139 4,474 193 5,262 - Total Built Upon Area = 853X 121 Square Feet = 19.59 Acres P "- c, 3 °�- 3 These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. �X All runoff from the built -upon areas on the'lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system. Lots that will naturally drain into the system are not required to provide these additional measures. I. Robert H. Cameron do hereby agree to include these Built Upon Areas and Deed Restrictions with the final recording cdocumentation for Tri-Field Estates Phase !I. Robert H. Camero I, Dawn L. Bachlotte, a Notary Public of the County of Pitt, State of North Carolina, hereby certify that Robert Cameron appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him.* Witness my hand and notarial seal, this 4"'c day of Ott- , 2005 ���ettittaPaai; O r OTAR.? �k r � � r ��i A �• ...•''����% `tom Notary My commission expires 03/29/2009