SW8041030_Historical File_20041214

O�O WATFQ Michael F. Easley, Governor
G William G. Ross, Jr., Secretary
1K
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 14, 2004
Mr. Dewey L. Bordeaux, Manager/Member
Swans Builders, LLC
PO Box 7287
Jacksonville, NC 28541
Subject: Stormwater Permit No. SW8 041030
Traiiwood Section III
Low Density Subdivision with a Curb Outlet System
Onslow County
Dear Mr. Bordeaux:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Trailwood Section III on December 13, 2004. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 041030,
dated December 14, 2004, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that maybe required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this.permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Linda Lewis or me at [phone].
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS/arl: S:\WQS\STORMWAT\PERMIT\041030.dec04
cc: Jason Houston, Parker & Associates
Onslow County Building Inspections
NCDOT District Engineer
Linda Lewis
-Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us ne
NoAhCarolina
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State Stormwater Management Systems
Permit No. SW8 041030
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATiER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SYSTEM
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Dewey L. Bordeaux & Swans Builders, LLC
Trailwood Section 111
Trailwood Drive, Onslow County
FOR THE
construction, operation and maintenance of a 25% low density subdivision with a curb
outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter
referred to as the "stormwater rules') and the approved stormwater management pians
and specifications, and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
The project is permitted for 43 lots, each limited to a maximum of 9,363 square
feet of built -upon area, as defined by the stormwater rules, and as indicated in
the approved plans. CAMA regulations may reduce the built -upon area for those
lots within the AEC.
2. The overall tract built -upon area orcenta^e for the project must be maintained
at 25%, per the requirements of gection .Y005 of the stormwater rules.
3. This project proposes a curb outlet system. Each designated curb outlet swale or
100' vegetated area shown on the approved plan must be maintained at a
minimum of 100' long, maintain 5:1 �H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5 /o, carry the flow from a 10 year storm in a
non -erosive manner, maintain a dense vegetated cover, and be located in either
a dedicated common area or a recorded drainage easement.
4. No piping shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to
provide access to lots.
5. Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches, must be vegetated with side slopes no steeper than 3:1 (H:V).
6. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 041030
II. SCHEDULE OF COMPLIANCE
1. Curb outlet swales, vegetated areas and other vegetated conveyances shall be
constructed in their entirety, vegetated, and be operational for their intended use
prior to the construction of any built -upon surface, per the approved plans
13.
urig 9 %Iul IOU UI LIUI I, eros1on shall ue kept to a minimum and any eroded areas o',
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
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 io the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition or sale of the project area. The project
area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, piping, or altering any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee is responsible for verifying that the proposed built -upon area 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, provided that the permittee has complied with the
requirements of Section 11.12 of this permit.
7. The permittee must certify in writing that the project's stormwater controls, and
impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must
be noted on the Certification. The permittee shall submit the Certification to the
Division within 30 days of completion of the project.
8. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters.
10. All roof drains must terminate at least 30' from the Mean High Water mark.
Page 3 of 5

State Stormwater Management Systems
Permit No. SW8 041030
11. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
12. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number 04.030, 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.
The maximum built -upon area per lot is 9,363 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,
driveways, and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches,
swales, etc.) associated with the development except for average
driveway crossings, is prohibited by any persons.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or
vegetated area associated with the development is prohibited by any
persons.
A 30' vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
j. All roof drains shall terminate at least 30' from the Mean High Water mark.
k. Each designated curb outlet swale or 100' vegetated area shown on the
approved plan must be maintained at a minimum of 100' long, maintain
5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than
5%, carry the flow from a 10 year storm in a non -erosive manner, maintain
a dense vegetated cover, and be located in either a dedicated common
area or a recorded drainage easement.
13. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 041030
15. Prior to transfer of ownership, the swales must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
16. The final plats for the project will be recorded showing all required swale
easements and common arras, In accordance with the approved purrs.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Qualityy,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit transfer request must be
submitted to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved. The permittee is responsible for compliance with
all the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the plans, a permit modification
must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 14th day of December 2004.
NORTH,CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-------- ---- _-�---------------------
lan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

y _ 5010K 1 5 2 PAGE 2 4 1
DECLARATION
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
RECEIVED
DEC O6iM
DWQ
THIS DECLARATION, made and entered into this the day of
2003, by and between SWANS BUILDERS, LLC (hereinafter called
"Declarant"); and ALL PROSPECTIVE PURCHASERS of Lots numbered 1 through 15,
inclusive; 17 through 31, inclusive; 32 and 32A; 33; and 35 through 46, inclusive, as same are
shown and delineated on a map of Trailwood, Section I recorded in Map Book 43, Page 130, and
on a map of Trailwood, Section II recorded in Map Book 43, Page 192, (hereinafter Trailwood,
Section'I and Trailwood, Section II are collectively referred to as "Subdivision") and any other
property in the future annexed by Declarant into the Subdivision pursuant to the provisions of
Paragraph 16 hereof;
WITNESSETH:
WHEREAS, Declarant heretofore has acquired title to a tract of land, a portion of
which has been subdivided into Lots numbered 1 through 15, inclusive; 17 through 31, inclusive;
32 and 32A; 33; and 35 through 46, inclusive, (said numbered Lots hereinafter referred to
individually as "Lot" and collectively as "Lots") as same are shown on maps entitled "Revised
Final Plat Showing Trailwood, Section I" and "Final Plat Showing Trailwood, Section II" which
maps are recorded in Map Book 43, Page 130, and Map Book 43, Page 192, (said maps
hereinafter collectively referred to as the "Recorded Plat"). Lots 32 and 32A shall be considered
as one Lot. There are no Lots 16 or Lot 34; and,

1 952 "AIGE2L12
WHEREAS, Declarant intends to convey said Lots as same are shown and
delineated on the Recorded Plat by deeds, deeds of trust, mortgages and other instruments to
various persons and entities, subject to the restrictive and protective covenants, conditions and
easements herein set forth which are deemed to make the Subdivision more desirable and to be
for the benefit of all those who acquire title to any .one or more of said Lots to the end that the
restrictive and protective covenants, conditions and easements herein set out shall inure to the
benefit of each person or entity which may acquire title to any or all of said Lots and which shall
be binding upon each such person or entity to whom or to which Declarant hereafter may convey
any of said Lots by deed, mortgage, deed of trust or other instrument.
NOW, THEREFORE, in consideration of the premises, Declarant hereby
covenants and agrees with said Prospective Purchasers that each of the Lots as shown on the
Recorded Plat shall be held, sold and conveyed subject to the restrictive and protective
covenants, conditions and easements hereinafter set forth (hereinafter referred to as the
"Restrictions") and said Restrictions shall become a part of each instrument conveying title to
any of said Lots as fully and to the same extent as if the Restrictions were set forth therein. As a
condition of the sale or conveyance of each of said Lots, the purchaser agrees and covenants to
abide by and conform with the Restrictions. No property shown on the Recorded Plat except the
Lots is encumbered by the Restrictions. Property which is not included in a numbered Lot is
not encumbered by the Restrictions. The Declarant is not obligated to impose the Restrictions
upon any property other than Lots.
THE RESTRICTIONS ARE AS FOLLOWS:
ARCHITECTURAL COMMITTEE. There hereby is constituted the
Trailwood 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
one individual to be appointed by Declarant until Declarant transfers its right to make such
2

SPOrR 19 5 Z RACE 2 4
appointment. The initial member of the Committee hereby appointed by Declarant is Dewey L.
Bordeaux, III. He shall serve until he resigns or is replaced by Declarant. If the initial member
of the Committee resigns, the Declarant shall have the sole and absolute right to replace said
member unless the Declarant has transferred the right to appoint the Committee as provided
herein. The Declarant may transfer the power to appoint the Committee by a written document
recorded in the office of the Register of Deeds of Onslow County specifically referencing this
Declaration and specifically specifying the property for which the Committee appointment rights
are transferred. If Declarant transfers its right to appoint the Committee by a document recorded
in the office of the Register of Deeds of Onslow County specifically referring to this Declaration,
the designated transferee shall possess the powers specified in this Paragraph 1 to appoint the
Committee as to, but only as to, the property for which the Committee appointment rights have
been transferred. The. member(s) 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 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) days notice to the other member(s) of the
Committee. A written decision signed by a majority of the member(s) of the Committee shall be
the decision of the Committee. Until changed by a written document executed by the Declarant
and recorded in the office of the Register of Deeds of Onslow County, the address of the
Committee is PO Box 7287, Jacksonville, North Carolina 28540, Attention: Dewey L.
Bordeaux, III.
The Declarant may transfer to a party such as the Corporation, (hereinafter
defined), its right to appoint the Committee for Trailwood, Section I and Trailwood, Section II
and nevertheless retain the right to appoint the Committee for any property hereinafter annexed
into the Subdivision, with the result that there may be more than one Committee operating
simultaneously, with the members of one Committee being appointed by the party to whom
3

�?C FCC 2 44
Declarant may have transferred the right to appoint the Committee and the members of
additional Committee(s) being appointed by Declarant.
The provisions of this Paragraph 1 also shall apply to any Committee appointed
by the Declarant for property subsequently annexed into the Subdivision.
2. PROPERTY CONTROL.
a. Before any structure or improvement whatsoever (including, but
not limited to, dwellings, fences, mailboxes, paperboxes, patios, walls, storage buildings,
swimming pools, outbuildings, garages, carports or gazebos) may be erected upon any Lot, the
plans and specifications for such structure or improvement; the proposed location and orientation
in relation to streets or other Lots; and the construction materials, the covering material, style and
slope of the roofs and exterior color schemes shall have been approved in writing by the
Committee. Any garage, carport, gazebo or other outbuilding erected upon a Lot shall have the
same siding material and siding color and shall have the same roof material and roof color as the
dwelling located upon the Lot: After initial construction of a structure, any exterior changes or
additions to the structure and any exterior remodeling, reconstruction, alteration or building
addition on a Lot also shall require the prior written approval of the Cominittee.
b. Before construction of any structure commences, there shall be
submitted to the Committee two (2) complete sets of the final plans and specifications and details
for the proposed structure, the erection or alteration of which is desired. Such plans,
specifications and details shall include plot plans showing the location on the Lot of all structures
proposed to be constructed or altered, together with the proposed construction materials, color
schemes for exterior walls and roofs and proposed 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,
specifications and details, with the approval or disapproval of the Committee endorsed thereon,
4

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 for the
disapproval. In the event the plans, specifications and details 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 nr color scheme
of the proposed structure is not in harmony with the general surroundings of such Lot or with the
adjacent structures; if the plans, specifications and details 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. Once the plans, specifications and details have been approved by
the Committee, construction shall adhere to those plans, specifications and details in all material
respects. If a material deviation is proposed, it shall be approved in writing by the Committee
before construction proceeds.
f. Neither the Committee nor any agent thereof shall be responsible
or liable for any defects in any plans, specifications or details submitted, revised or approved; for
any structural or other defects in any work done according to such plans, specifications or
details; for refusing to approve plans for any reason whatsoever; for the failure of any plans
submitted to comply with these Restrictions; for the failure of any approved or unapproved
construction to conform to the provisions of the plans, specifications or details or these
Restrictions; for failure to enforce these Restrictions; or for the failure to enjoin construction
which has either not been approved by the Committee or which is not being performed in
accordance with plans, specifications and details which have been approved by the Committee.
5

rIn
Approval by the Committee shall not relieve a Lot owner from obtaining any required
governmental approval of any proposed action or from conforming with the provisions of these
Restrictions.
3. 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, together with appurtenant
structures approved by the Committee for use therewith. may be erected_ nlaced or used on any
Lot. Each Lot shall be used for residential purposes only. No more than one single family (and
its attendant butler, maid or child care provider) may reside on a Lot at any one time. No Lot
may be used for a day-care center, after -school care center, nursery or similar use for hire except
that it shall not be a violation of this restriction for the family residing on a Lot to hire a
babysitter to care for members of that family who are children. It is provided, however, that
notwithstanding the foregoing provisions, Declarant, or a party designated by Declarant in
writing, may operate or allow the operation of a sales office on a Lot so long as Declarant or
such designated party is offering for sale either Lots or previously unoccupied houses in the
Subdivision or or. the property described by the deed recorded in Book 1642, Page 1.
b. Each dwelling in the Subdivision shall contain no less than
1,600 square feet of heateo flo r are ,
r� s � y
C. No dwelling constructed on a Lot shall exceed two and one-
half (2V2) stories in height. The Committee shall have the authority to establish regulations
pertaining to the height and size requirements of all other types of structures.
d. No building shall be located nearer to any Lot boundary line than
the building setback lines shown on the Recorded Plat. The establishment of standard inflexible
building setback lines for the location of buildings tends to force construction of structures both
2

directly behind and directly to the side of other structures with detrimental effects on privacy,
preservation of important trees and wetland areas. Therefore, no specific setback lines are
established by these Restrictions except as set forth above. In order to insure, however, that the
location of structures will be staggered where practical and appropriate; that the maximum
amount of view and attractiveness will be available to each structure; that the structures will be
located with regard to the topography of.each individual Lot; and that the location will take into
consideration the location of large trees, lot elevations, wetland areas, Stormwater Management
Facilities (as hereinafter defined), and similar considerations, the Committee shall have, and
hereby is granted, the right to control absolutely and to decide in its sole discretion the precise
site and location of any dwelling or other structure upon any Lot (with buildings always being
located within the setbacks shown on the Recorded Plat); provided, however, that such location
shall be determined only after reasonable opportunity is afforded the owner of the Lot to
recommend a specific site. The exact location of the dwelling and outbuildings shall be shown
on the site plan for each Lot and approved by the Committee. The provisions of these
Restrictions supersede the notes on the Recorded Plat.
e. Except as hereinafter provided in this Paragraph 3(e), any fence
located on a Lot shall be constructed behind the front face of the dwelling located on the Lot and
shall be no greater than six (6) feet in height. It is provided, however, that a privacy fence
enclosing an area not larger than twenty (20) feet by twenty (20) feet may be constructed at a
height greater than six (6) feet but not greater than eight (8) feet. Any such permitted privacy
fence shall be located behind the rear face of the dwelling located on the Lot. All fences shall be
constructed of pressure treated wood; decay and insect resistant wood such as cedar or redwood;
or of vinyl. No chain link fences shall be constructed on any Lot. All swimming pools shall be
enclosed by an approved privacy fence meeting the criteria set forth above.
7

BE 19 5 2 PAGE 2 4 8
f. No above -ground structure, except approved fences, mailboxes,
paper boxes, and paving may be constructed or placed on any Lot in the Subdivision except
within the building lines stated in this Paragraph 3.
g. The exterior of any dwelling or other permitted outbuilding located
on a Lot shall be either brick, stucco, vinyl, wood, masonry fibrous cement board such as
"Hardie Plank," or split -face block, or some combination of the aforesaid sidings. Any wood
siding shall be either juniper, cedar or cypress. No exterior surface shall consist of masonite,
asbestos, metal sidings or exposed concrete blocks (except masonry fibrous cement board such
as "Hardie Plank" or split face block). All sidings shall be cleaned as often as is necessary to
prevent the accumulation of mildew on the siding.
h. The roofing material of any dwelling or other permitted
outbuilding located on a Lot shall be either "architectural style" or "three dimensional asphalt"
shingles.
i. At the time a residential dwelling is constructed on a Lot, there
also shall be constructed a lawn complying with North Carolina State Stormwater Management
Penn- t Number SW8020110 and North Carolina State Stormwater Management Permit Number
SW8020912 and. any amendments, additions or replacements thereof. With respect to any Lot
hereinafter annexed into the Subdivision, there also shall be constructed a lawn in compliance
with the North Carolina State Stormwater Management Permit applicable to the annexed Lot
(hereinafter all North Carolina Stormwater Management Permits applicable to the Lots and any
Lots hereinafter annexed into the Subdivision, and any amendments, additions or replacements
thereof ,are collectively referred to as the "Permit"). Thereafter, such lawn, including any
portion thereof upon which is located any Stormwater Management Facilities,(hereinafter
defined), shall be maintained by the owner of the Lot in a mowed condition and the owner of
said -Lot shall not damage or allow any damage to occur to any such Stormwater Management

BOOK 19 5 2 PACE 2 4 9
Facilities. Until such time as ground cover is established on a Lot, any stormwater diversion
swale located on said Lot shall not be graded or otherwise modified except in compliance with
the Permit. The Permit requires, at a minimum, the replacement of the storrnwater diversion
swale with a silt fence until ground cover is established on the entire Lot. After ground cover is
established on a Lot, the storrnwater diversion swale located on said Lot may be graded;
provided, however, that such grading is performed in compliance with the Permit. The owner of
the Lot upon which such grading is performed shall be responsible for compliance with all
requirements of the Permit.
j. The Subdivision is subject to North Carolina Sedimentation and
Erosion Control Permits. The owner of any Lot or annexed Lot subject to such North Carolina
Sedimentation and Erosion Control Permits shall be responsible for compliance with all
requirements of said permits.
4. GENERAL PROHIBITIONS AND REQUIREMENTS.
a. No well shall be installed or used upon any Lot. Water shall be
provided by public water supply. All plumbing fixtures, dishwashers, toilets and sewage disposal
systems shall be connected to a sewage system approved by the appropriate governmental
authority, which system may be an individual septic tank. No outside toilet shall be constructed
or permitted on any Lot except during construction of the main residence.
b: All structures constructed or placed on any Lot shall be built of
substantially new material and no used structure shall be relocated or placed on any such Lot.
C. Any dwelling located on any Lot shall be "stick built" on site. No
temporary residence, mobile home, double -wide or multiple -wide mobile home, modular home
(whether built off -site on a frame or constructed off -site in modules and transported to a Lot by
vehicle and placed on a permanent foundation on -site), trailer, camper, tent or other building
shall be placed on or erected on any Lot. It is provided, however, that the Declarant may grant
0

PPX 11 9'%5 2 PACE 2 5 0
permission for the use of a temporary structure for storage of materials during construction. Any
such temporary structures as may be approved shall not be used at any time as a dwelling.
d. Once construction is started on any Lot, the improvements and
landscaping shall be completed in accordance with the plans and specifications, as approved,
within twelve (12) months from commencement, with extensions as approved by the Declarant
or its designated successor or assign. No dwelling may be occupied until it is completed.
e. No animals, birds or fowl shall be kept or maintained on any I.ot
cxcept not more than two dogs, two cats, four rabbits and a reasonable number of pet birds and
fishes may be kept thereon for the pleasure and use of the owners of a Lot, but not for any
commercial use or purpose. All pets must remain within the confines of the owner's property.
f. Except when used during and as a part of the construction of a
dwelling on the Lot, no trucks or buses (other than pickup trucks of three-quarter (3/4) ton
capacity or less, small vans, or small trailers) shall be parked overnight on any Lot except in an
enclosed garage. A pleasure boat on its trailer and recreational vehicles may be parked or stored
on a Lot behind the front face of the dwelling located on the Lot and not nearer than ten (10) feet
to any side or rear lot line.
g. All vehicles parked on any Lot shall have current license plates
and registration and, if the vehicle is a motor vehicle, the vehicle shall have a current motor
vehicle inspection sticker.
h. No vehicle may be parked on any street except during the
construction period.
i. Every storage tank, including but not limited to fuel storage tanks,
and every outdoor receptacle for ashes, trash, rubbish or garbage shall be installed underground,
screened with fences or shrubs or placed and kept so as not to be visible from other Lots or from
any street.
10

"# 5 2 PACE 2 5 1
j. No outdoor clotheslines shall be located on a Lot.
k. All Lots upon which a dwelling has been constructed shall be well
maintained and no unattractive growth shall be permitted. No accumulation of rubbish or debris
shall be permitted on any Lot.
1. No noxious, offensive or illegal activities shall be allowed on any
Lot nor shall anything be done on any Lot that shall be or become an annoyance or nuisance to
the neighborhood.
M. Only one antenna mast which shall not extend more than ten (10)
feet above the highest ridge of the dwelling to which it is attached is allowed on any Lot. No
towers are permitted. Any satellite dish shall not exceed thirty (30) inches in diameter and shall
be mounted behind the front face of the dwelling located on the Lot.
n. Any dwelling or outbuilding on any Lot which is destroyed in
whole or in part by fire, windstorm or by any other cause, shall be rebuilt or all debris removed
and the Lot restored to a sightly condition with reasonable promptness; provided, however, that
in no event shall such debris remain longer than ninety (90) days.
o. No trash, ashes, garbage or other refuse shall be dumped or stored
or accumulated on any Lot. No burning of household refuse is permitted.
P. All signs, such as builder's signs and realtor's signs, shall be
approved by the Committee. Those signs shall be placed in the center of the Lot at least six (6)
feet behind the street right-of-way line. Under no circumstances may signs be nailed to trees.
Such signs may be used only on a temporary basis. It is provided, however, that "for sale" type
signs may be placed by the Declarant or its designated successors and assigns on any property
owned by Declarant or its designated successor and assigns and within the street rights of way
without the approval of the Committee.
11

0OUK 1 0 5 2 "AG12 5 2
q. All dwellings shall have a concrete driveway at least nine (9) feet
in width running from the pavement of the street on which the Lot fronts to the front face of the
dwelling located on the Lot.
automobiles.
r. Each Lot shall contain off street parking spaces for parking two (2)
S. Lots 32 and 32A shall be considered as one Lot. Any conveyance
of Lot 32 automatically shall convey Lot 32A. Resubdivision of Lots is not prohibited so long as
the number of Lots is not increased and so long as each resultant Lot contains the number of
square feet required by any applicable law or ordinance. In case of any such resubdivision or in
the event two or more Lots are combined, any drainage and utility easements not then being used
and setback lines which theretofore existed along the side lot lines of said Lots, whether reserved
in these Restrictions or shown on the Recorded Plat, shall be moved automatically to the side lot
lines of the resubdivided or combined Lots. Notwithstanding the foregoing, no such
resubdivision of Lots shall affect the location of any Stormwater Management Facilities or the
obligations of the owners of said resubdivided Lots with respect to said Stormwater Management
Facilities located upon the Lots as resubdivided.
t. Omitted.
U. All electrical, telephone, cable, television service and other utility
lines in the Subdivision shall be installed underground.
V. Each owner whose Lot is adjacent to available underground
electrical service also agrees to complete the underground secondary electrical service to said
owner's residence.
W. "Stormwater Management Facilities" as those words are used in
these Restrictions shall mean all areas consisting of ditches and swales in existence at the time
the Subdivision roads are constructed and which are constructed pursuant to, and regulated by,
12

the Permit. Some of the Stormwater Management Facilities are located on the Lots. No
structure, plantings or other material shall be placed or permitted to remain and no activities shall
be undertaken on the portion of any Lot upon which Stormwater Management Facilities are
located which may damage or interfere with the maintenance, use and operation of the
Stormwater Management Facilities; which may affect or change the direction of the flow of
water through such facilities; which damage, interfere or are not in compliance with the slope
ratios required by the Permit; or which create erosion problems. In the event the owner of a Lot
shall damage or through negligent failure to act allow damage to occur to any such Stormwater
Management Facilities, the owner of said Lot shall be responsible and liable for the repair or
replacement of said Stormwater Management Facilities as provided in these Restrictions.
X. The covenants in this Subparagraph 4(x) are intended to ensure
ongoing compliance with the Permit, as issued by the Division of Water Quality under
NCAC 2H.1000. Each owner of each Lot within the Subdivision, with respect to such owner's
Lot, agrees and covenants to comply with the following covenants with respect to the Permit and
the Stormwater Management Facilities and agrees to the activities set forth below.
(i) Declarant, the Corporation and the State of North Carolina
are made a beneficiary of the covenants in this Subparagraph 4(x) to the extent necessary to
maintain compliance with the Permit. The covenants contained in this Subparagraph 4(x) are to
run with the land and be binding on all persons and parties claiming under them. This
Subparagraph 4(x) pertaining to stormwater regulations may not be altered or rescinded without
the express. written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved plan may not take place without the concurrence of the
State of North Carolina, Division of Water Quality.
(ii) The maximum allowable "Built -upon Area" for each Lot is
set forth in Schedule I attached hereto and incorporated by reference herein. This allotted
13

BOOM 19 5 2 IRAPE 2 5 4
amount includes all 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, driveways and parking areas, but does not include raised, open wood decking or the
water surface of swimming pools. Lots within CAMA's Area of Environmental Concern may
have the permitted Built -upon Area reduced due to CAMA jurisdiction within the Area of
Environmental Concern. No owner of a Lot shall allow the Built -upon Area of said owner's Lot
to exceed the maximum Built -upon Area allotted to said owner's Lot as set forth in Schedule I.
Should Declarant annex additional Lots into the Subdivision, Declarant may amend Schedule I to
set forth any limitation on the Built -upon Area that may be located on each such additional Lot
annexed into the Subdivision.
(iii) Filling in, or piping or altering of any 3:1 vegetative
conveyances or other vegetative conveyances (ditches, swales, etc.) associated with the
development, except for average driveway crossings, is strictly prohibited by any persons.
(iv) Each Lot will maintain a thirty (30) foot wide vegetated
buffer between all Built -upon Areas and the mean highwater line of impervious areas and
surface waters. All roof drains shall terminate at least thirty (30) feet from the mean high mater
line of surface waters. Filling in, piping or altering any designated 5:1 curb outlet swale
associated with the development is prohibited by any person.
(v) The Subdivision contains a curb outlet system. Each
designated curb outlet swale shown on the approved plan must be maintained at a minimum one
hundred (100) feet long with 5:1(H:V) slide slopes or flatter, have a longitudinal slope no steeper
than five percent (5%), carry the flow from a ten (10) year storm in a non -erosive manner, and
maintain a dense vegetated cover and be located in either a dedicated common area or a recorded
drainage easement.
14

Eli, 52 PA r255
(vi) All permitted runoff from outparcels or future development
property shall be directed into the permitted stormwater control system. These connections to
the stormwater control system shall be performed in a manner that maintains the integrity and
performance of the stormwater control system as permitted.
(vii) Declarant, the Corporation, the State of North Carolina and
their respective successors and assigns, reserve and retain the right to go upon any Lot to inspect
for compliance of such Lot with the Permit and to maintain, repair, replace and construct ditches
and devices necessary to insure that such Lot is in compliance with the Permit.
5. RESERVATION OF EASEMENTS AND RIGHTS BY DECLARANT.
Declarant hereby reserves for itself, its successors and assigns, for any
purposes it deems useful to its development of the Subdivision, the development of other
property now owned or which may be owned in the future by Declarant, including but not being
limited to, all the property described in the deed recorded in Book 1642, Page 1, or the
development of other property to which Declarant may grant the benefit of such easements, those
easements shown on the Recorded Plat and the following additional easements and rights:
a. A perpetual easement for ingress, egress, regress, access, the
installation and maintenance of utilities, further subdivision, and the right to dedicate to public
use, over, under and upon Trailwood Drive, Portland Place, all streets shown on the Recorded
Plat, all drainage and utility easements shown on the Recorded Plat or lying within the
Subdivision and the water and sewer easements shown on the Recorded Plat or lying within the
Subdivision;
b. The right to grant easements for the purposes of ingress, egress,
regress, access, the installation, use and maintenance of utilities and further subdivision, over,
under and upon (i) Trailwood Drive, Portland Place and (ii) the drainage and utility easements
and easements for the water and sewer systems located within the Subdivision, to any property
15

"'T - r
outside the Subdivision to which Declarant deems the grant of such easements desirable,
including, but not limited to, the property described by the deed recorded in Book 1642, Page 1,
whether or not the property to which the easements are granted is owned by Declarant;
C. A perpetual easement over, under and upon Trailwood Drive,
Portland Place and the drainage and utility easements shown on the Recorded Plat for the
purpose of establishing, constructing and maintaining any underground utility, conduits and
wires for telephone, electric power and other purposes and of laying, installing and maintaining
facilities for sewage, potable and non -potable water, gas, storm drainage and other utilities
therein. This reservation shall not be construed as an obligation of Declarant to provide or
maintain any such activity or services;
d. A perpetual access easement over, under and upon the Lots to trim,
cut and remove any trees and brush necessary for the installation, operation and maintenance of
utility lines, gas, water and sewer mains and other services for the convenience of the property
owners and appurtenances thereto;
e. A perpetual and exclusive easement for the installation and
maintenance of radio and television transmission cables within the rights -of -way and easement
areas reserved and defined above; and,
f. The right to subject the real property in the Subdivision to a
contract with Carolina Power and Light Company or any other public utility for the installation
of underground electric cables and/or the installation of street lighting, either or both of which
may require an initial payment and/or a continuing monthly payment to Carolina Power and
Light Company or other public utility by the owner of each Lot.
g. On each Lot, the rights -of -way and easement areas reserved by
Declarant or dedicated to public utilities purposes shall be maintained continuously by the Lot
owner and no structure, plantings or other material shall be placed or permitted to remain, or
16

fl'UMI 9 5 2 RAur ? 5 �
other activities undertaken which may damage or interfere with the installation or maintenance
of utilities, or which may change the direction of the flow of water through drainage channels in
the easements, or which damage or interfere with established slope ratios or which create erosion
problems. It is provided, however, that where the existing location of an easement or drainage
channel reserved in these Restrictions or shown on the Recorded Plat would hinder the orderly
development of the Lot on which the easement is located, the easement or drainage channel may
be relocated by Declarant. Improvements within such areas also shall be maintained by the Lot
owner except for those for which a public authority or utility is responsible.
h. A perpetual easement for the installation, maintenance, repair and
replacement of subdivision entrance signs and landscaping adjacent to said signs over, under and
upon the property indicated as the location for subdivision signs on the Recorded Plat and
located on each side of Trailwood Drive at the intersection of Trailwood Drive with
N.C.S.R. 1431 (Lee Rogers Road).
i. A perpetual easement on behalf of itself, the Corporation and the
State of North Carolina and their respective successors and assigns, over, under and upon the
Lots to perform those activities provided in Subparagraph 4(x)(vii) hereof, and to repair, replace
and construct ditches, devices and Stormwater Management Facilities necessary to insure that
such Lot is in compliance with the Permit.
6. RESERVATION OF MINERAL ROYALTY RIGHTS. Each Lot is
subject to the reservation of mineral royalty rights recorded in Book 1647, Page 1043.
7. RIGHT OF DECLARANT, COMMMEE AND CORPORATION TO
PERFORM CERTAIN MAINTENANCE.
In the event the owner of any Lot shall fail to maintain the Lot and/or the
improvements situated thereon in a manner in keeping with these Restrictions, in addition to any
other rights set forth herein or provided by law, the Declarant and the Committee shall have the
17

right, but not the obligation, through their agents and employees, to enter upon said Lot and
clear, clean, repair, maintain and restore the Lot, the exterior of any building and any other
improvements erected thereon. There is included in the authority herein granted the power to
clear Lots of undergrowth, rubbish, debris, weeds or grass. In the event the owner of any Lot
shall damage or through negligent failure to act allow damage to occur to any Stormwater
Management Facilities located on said owner's Lot or fail to comply with all applicable North
Carolina Sedimentation and Erosion Control Permits, in addition to any other rights set forth
herein or provided by law, the_Declarant, the Committee and the Corporation shall have the right,
but not the obligation, through their agents and employees, to enter upon said Lot and clear,
clean, repair, maintain and restore the Stormwater Management Facilities and to bring the Lot
into compliance with the applicable North Carolina Sedimentation and Erosion Control Permits.
There is included in the authority herein granted the power to clear Lots of undergrowth, rubbish,
debris, weeds or grass.
The cost of the maintenance or repair authorized by this Paragraph 7 shall be
considered the legal obligation of the Lot owner and the Declarant, the Committee or the
Corporation, as applicable, may maintain an action in court having jurisdiction for such cost.
The cost shall not constitute a lien on said Lot unless and until the final judgment of such court
shall be entered in the office of the Clerk of Court of Onslow County. Any such lien obtained
shall be subordinate to any first deed of trust.
8. TRAILWOOD HOA. INC.
a. A corporation named the Trailwood HOA, Inc. (the "Corporation")
has been or will be formed at the direction of the Declarant pursuant to the rules and
requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North
Carolina as an association of the owners of the Lots. Its purposes are to oversee, inspect,
maintain, repair and replace the Stormwater Management Facilities constructed pursuant to the
18

Permit; to enforce the provisions of the Permit; to enforce each Lot owner's obligations with
respect to the Stormwater Management Facilities pursuant to the Restrictions; to enforce each
Lot owner's obligations with respect to all applicable North Carolina Sedimentation and Erosion
Control Permits; to oversee, inspect, maintain, repair and replace the Subdivision entrance signs
and the landscaping adjacent to said signs (hereinafter collectively called the "Entrance Sign")
and to make and enforce rules and regulations regarding the Entrance Sign; and, if and only if,
and when and only when, Declarant transfers to the Corporation the right to appoint the
members of a Committee in the manner provided in Paragraph 1 hereof, to appoint the members
of such Committee. The Corporation shall have no authority to do any act except in regard to the
Permit, the Stormwater Management Facilities; the North Carolina Sedimentation and Erosion
Control Permits, Entrance Sign; and if and only if, and when and only when, Declarant transfers
its right to appoint the Committee to the Corporation, then and only then; to appoint the
Committee. The Corporation shall have no authority with respect to the Committee for Lots
located in Trailwood, Section I or Trailwood, Section II until such time as Declarant transfers to
the Corporation its right to make the appointments to the Committee pursuant to the provisions
of Paragraph 1 hereof. The Corporation shall have no authority with respect to the Committee
for Lots hereinafter annexed into the Subdivision until such time as Declarant transfers to the
Corporation Declarant's right to make such appointments to the Committee for the annexed
property pursuant to the provisions of Paragraph 1 hereof. The Declarant may transfer to the
Corporation its rights to appoint the Committee for Trailwood, Section I and Trailwood,
Section II and nevertheless retain the right to appoint the Committee for any property hereinafter
annexed into the Subdivision, with the result that there may be more than one Committee
operating simultaneously, with the members of one Committee being appointed by the
Corporation and the members of another Committee(s) being appointed by Declarant.
W,

2 AciE 2
b. The Declarant shall have the right, but not the obligation, to annex
into the Subdivision additional property now or in the future owned by Declarant and adjacent to
the Subdivision including, but not limited to, property included in the tract of land described by
the deed recorded in Book 1642, Page 1. From and after the date of such annexation, the
annexed Lots shall be subject to the jurisdiction of the Corporation (except for Declarant's
retained right to appoint the Committee for such annexed Lots) and the owners of the annexed
Lots shall be members of the Corporation.
C. Each owner of each Lot within the Subdivision shall be a member
of the Corporation. The Declarant, by this Declaration, and the owners of each individual Lot,
by their acceptance of a deed thereto, covenant and agree with respect to the Corporation:
(A) That for so long as each is an owner of a Lot within the Subdivision, each will perform all
acts necessary to remain in good and current standing as a member of the Corporation; and
(B) That any unpaid assessment, whether general or special, levied by the Corporation in
accordance with these Restrictions, the Articles of Incorporation (herein called the "Articles") or
the Bylaws of the Corporation (herein called the "Bylaws")shall be a lien upon the Lot upon
which such assessment was levied and also shall be the personal obligation of the person who
was the owner of the Lot at the time the assessment fell due.
d. Each membership in the Corporation shall relate to and have a
unity of interest with an individual Lot which may not be separated from the ownership of said
Lot. The books and all supporting documentation, the Declaration, the Articles, the Bylaws; and
all amendments thereto shall be available for examination by all Lot owners, and their lenders or
their lenders' agents during normal business hours at the principal office of the Corporation.
e. The Corporation shall have one class of members. The members
shall be all owners of a Lot, and they shall be entitled to one vote for each Lot owned; provided,
however, when more than one person holds an interest in any Lot, all such persons shall be
20

un1r1 52-PAK261
members; however, the vote for such Lot shall be exercised as they, among themselves,
determine, but in no event shall more than one vote or any fraction of a vote be cast with respect
to any Lot.
f. The Declarant shall, at its sole cost and expense, initially construct
all Stormwater Management Facilities required to be located upon the Lots or upon any property
annexed into the Subdivision by the Declarant to the standards required by the applicable Permit.
Upon completion of the initial construction of said Stormwater Management Facilities located in
Trailwood, Section I and Trailwood, Section II and, thereafter, upon completion of the initial
construction of the Stormwater Management Facilities required by the applicable Permit for any
additional property annexed by Declarant into the Subdivision, the Declarant shall transfer the
applicable Permit for Trailwood, Section I and Trailwood, Section II and the applicable Permit
for the property annexed by Declarant into the Subdivision to the Corporation and the
Corporation shall accept the transfer of the applicable Permit from the Declarant upon the earlier
to occur of (i) the date the North Carolina Department of Environment and Natural Resources
allows such transfer to occur; or, (ii) in the case of Trailwood, Section I and Trailwood, Section
II, the date after which at least fifty percent (50%) of the Lots are conveyed to owners other than
Declarant. With respect to property hereinafter annexed into the Subdivision by the Declarant,
the Permit may be transferred by Declarant after the date upon which at least fifty percent (50%)
of the annexed Lots are conveyed to owners other than Declarant. Prior to any such transfer, the
Stormwater Management Facilities for the respective Subdivision section, including any property
annexed by Declarant into the Subdivision, shall be certified, either by state inspection or by a
licensed engineer, as being in compliance with the applicable Permit prior to such assignment or
transfer. The Corporation shall indemnify and hold Declarant harmless from any loss, cost,
claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by
Declarant in the defense of any action against Declarant as the holder of the Permit occurring
21

n�r,y -1 Q 5 2 PAIGE 2 6 2
after Declarant tenders transfer of the Permit to the Corporation following the approval of such
transfer by the North Carolina Department of Environment and Natural Resources and the
certification of compliance as set forth above. Further, Declarant may bring an action for specific
performance of the obligations of the Corporation pursuant to this paragraph. From and after
the transfer of the Permit from the Declarant following the approval of the North Carolina
Department of Environment and Natural Resources, the oversight, supervision, management and
administration of the Permit shall be.the sole responsibility of the Corporation. The
Corporation's duties with regard to the Permit shall be carried out in accordance with the terms
and conditions of these Restrictions, the Articles, the Bylaws and the Permit: The Corporation
hereby is granted and conveyed an easement over, under and upon each Lot for the purpose of
access to and inspection, maintenance, repair and replacement of all Stormwater Management
Facilities located upon each Lot. In the event, the Declarant annexes additional property into the
Subdivision and transfers the applicable Permit to the Corporation, the Corporation shall have,
and hereby is granted and conveyed, an easement over, under and upon each annexed Lot for the
purpose of access to and inspection, maintenance, repair and replacement of all Stormwater
Management Facilities located upon each annexed Lot.
g. The expenses of the Corporation shall include:
(i) All amounts expended by the Corporation in holding and
being responsible for the obligations of the Permit and overseeing, supervising, administering,
managing, repairing, replacing and insuring all Stormwater Management Facilities located within
the Subdivision as required by these Restrictions; all amounts expended by the Corporation in
enforcing the provisions of these Restrictions; all amounts expended by the Committee in the
performance of its Committee duties hereunder from and after the time Declarant transfers its
right to appoint the members of the Committee pursuant to the provisions of Paragraph 1 hereof,
and all amounts expended by the Corporation in legal, engineering or architectural fees and all
22

nuns{ 3 � � `� L J
4 u. p -' � � PAGE
similar fees which may be incurred by the Corporation from time to time in performing the
functions delegated to the Corporation by these Restrictions.
(ii) All amounts expended by the Corporation in carrying out
any duty or discretion as may be required or allowed by these Restrictions, the Articles or the
Bylaws.
(iii) All amounts expended by the Corporation in operating,
administering, managing, repairing, replacing, improving, paying all taxes imposed on and
insuring the Entrance Sign.
h. Declarant and each Lot owner hereby covenant and agree, and
each owner of any Lot by acceptance of a deed for the same (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree, to pay to the Corporation annual
general assessments or charges as hereinafter provided. The annual general assessments,
together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land
and, subject to the provisions of Paragraph 8(o) hereof, shall be a continuing lien upon the
property against which each such assessment is made. Furthermore, each such assessment,
together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation
of the person who was the owner of the Lot at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them, but, subject to the provisions of this Declaration, delinquent
assessments shall continue to be a lien upon such Lot.
(i) Until January 1, 2004, the annual general assessment shall
oc�
be Dollars ($� per Lot.
(ii) From and after January 1, 2004, the annual general
assessment may be increased upon the vote of a majority of the Board of Directors of the
23

"K 962 PASP26L
Corporation by no more than ten percent (10%) of the annual general assessment for the
preceding year.
(iii) Any increase of the annual general assessment exceeding
ten percent (10%) of the annual general assessment for the preceding year must be approved by
the owners of at least two-thirds (2/3) of the Lots who are voting in person or by proxy at a
meeting called for this purpose.
(iv) Once the annual general assessment has been set, notice of
the annual general assessment shall be given to all Lot owners. It is provided, however, that no
owner is relieved from the obligation to pay the assessment because of failure to give such
notice. After the initial notice of the assessment, no bills for such assessment will be forwarded
to any owner but such assessment thereafter shall become due and payable as provided by the
Board of Directors.
(v) As provided in the Bylaws, and subject to the restrictions
and limitations provided herein, the Board of Directors shall establish an Annual Budget in
advance for each fiscal year. Such budget shall project all expenses for the forthcoming fiscal
year which may be required for the proper operation, management and maintenance of the
Stormwater Management Facilities, the North Carolina Sedimentation and Erosion Control
Permits, the Entrance Sign and the Corporation, including a reasonable allowance for
contingencies and reserves. The budget shall take into account any projected or anticipated
income. Upon adoption of such Annual Budget by the Board of Directors, copies of the Budget
shall be delivered to each owner together with a statement of the assessment for each Lot as
provided herein, based upon such budget; however, the non -delivery of a copy of said Budget
shall not affect the liability of any owner for such assessment. The Annual Budget shall be
divided by the number of Lots subject to the annual general assessments at the time of the annual
24

C 2 PAS;` 2 6 5
meeting of the members and the quotient shall be the annual general assessment per Lot for the
succeeding fiscal year.
(vi) The Board of Directors, in establishing the Annual Budget
for operation, management and maintenance of the Stormwater Management Facilities, the
enforcement of these Restrictions relating to all applicable North Carolina Sedimentation and
Erosion Control Permits, the Corporation and the Entrance Sign, shall designate therein a sum to
be collected and maintained as a reserve fund for the maintenance, repair and replacement of the
Stormwater Management Facilities, the enforcement of the North Carolina Sedimentation and
Erosion Control Permits and the Entrance Sign.
(vii) All monies collected by the Corporation shall be treated as
the separate property of the Corporation and such monies may be applied by the Corporation to
the payment of any expense of operating and managing the Corporation or the proper
undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and
the Bylaws. As monies for any assessment are paid into the Corporation by any owner, the same
may be commingled with monies paid to the Corporation by the other owners. Although all
funds and any increments thereto or profits derived therefrom shall be held for the benefit of the
members of the Corporation, no member of the Corporation shall have the right to assign,
hypothecate, pledge or in any manner transfer said owner's membership interest therein, except
as. an appurtenance of said owner's Lot. When the owner of a Lot shall cease to be a member of
the Corporation by reason of said owner's divestment of ownership of such Lot, by whatever`
means, the Corporation shall not be required to account to such owner for any share of the fund
or assets of the Corporation, including any monies which said owner may have paid to the
Corporation, as all monies which any owner has paid to the Corporation shall be and constitute
an asset of the Corporation which may be used in the operation and management of the
Corporation.
25

"PIP : 2` 2 6 6
_ ,, PAP
i. Written notice of any meeting called for the purpose of taking any
action requiring a meeting shall be sent to all members not less than thirty (30) days, nor more
than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast thirty percent (30%) of the votes of all members shall
constitute a quorum. If the required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at the subsequent meeting shall
be one-half (V2) of the required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
j. Annual general assessments and special assessments shall, except
as otherwise provided herein, be fixed at a uniform rate for all Lots.
k. The annual general assessments provided for herein shall
commence as to all Lots on the first day following the recordation of this Declaration in the
office of the Register of Deeds of Onslow County and shall be prorated on a calendar year basis
through the date of such recordation. The annual general assessments shall be assessed for each
calendar year thereafter and shall be payable annually, with the due date for such payments being
as established by the Board of Directors. The payment of any assessment or installment thereof
shall be in default if such assessment or installment is not paid to the Corporation within ten (10)
days of the due date for such payment. When in default, the delinquent assessment shall bear
interest at the rate of ten percent (10%) per annum until such delinquent assessment and all
interest due thereon has been paid in full.
1. The annual general assessment levied by the Corporation shall be
used exclusively to oversee, inspect, maintain and repair the Stormwater Management Facilities
and the Entrance Sign; to enforce the provisions of these Restrictions relating to the Stormwater
Management Facilities, the Permit, the applicable North Carolina Sedimentation and Erosion
Control Permits and the Entrance Sign; to pay the expenses of the Committee from and after the
26

BOOK 1 952 "_rr
H267
time, if ever, Declarant transfers or releases the right to appoint the Committee to the
Corporation; and to pay the expenses of the Corporation. The Corporation's sole function is to
oversee, inspect, maintain and repair the Stormwater Management Facilities and the Entrance
Sign; to enforce the provisions of these Restrictions relating to the Stormwater Management
Facilities, the Permit, the applicable North Carolina Sedimentation and Erosion Control Permits,
and the Entrance Sign; and the right to appoint the Committee from and after the time, if ever,
the right to appoint the Committee has been transferred or released by Declarant to the
Corporation. The powers of the Corporation may not be expanded beyond those purposes.
Nothing herein relieves the owner of a Lot from said owner's obligation to maintain the areas
upon said owner's Lot upon which the Stormwater Management Facilities are located as
provided herein and not to damage or allow damage to occur to said Stormwater Management
Facilities and to comply with the provisions of all applicable North Carolina Sedimentation and
Erosion Control Permits.
in. The Corporation shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Corporation setting forth whether the assessments
on a specified Lot have been paid. A properly executed certificate of the Corporation as to the
status of assessments on a Lot is binding upon the Corporation as of the date of its issuance.
n. General special assessments and specific special assessments may
be levied against Lots for such reasons as are provided in these Restrictions, the Articles or the
Bylaws, and on such terms as provided by the directors and the members. Upon a two-
thirds (2/3) vote of the Directors and a two-thirds (2/3) vote of the owners of Lots who are voting
in person or by proxy at a meeting duly called for this purpose, the Corporation may levy and
impose special assessments. The purposes for which special assessments may be levied are
limited to providing funds to pay for the oversight, inspection, maintenance and repair of the
Stormwater Management Facilities, to enforce the provisions of these Restrictions relating to the
27

5PP11( I Q 2 RArt 2 6 8
Stormwater Management Facilities, the Permit and all applicable North Carolina Sedimentation
and Erosion Control Permits which exceed the general assessment funds then on hand to pay
same and to provide a contingency fund for capital improvements and extraordinary expenses.
General special assessments shall be levied at a uniform rate for all Lots. Specific special
assessments may be assessed against the owner of a Lot after written notice has been given by
the Corporation to the owner of said Lot at the address of the owner appearing upon the records
of the Corporation by United States mail, postage prepaid, that the Stormwater Management
Facilities located on said Lot have been damaged by the act or negligent failure to act of said
owner or that said owner has failed to comply with all applicable North Carolina Sedimentation
and Erosion Control Permits and that, as a result, such Stormwater Management Facilities are in
need of repair or replacement in order to comply with the Permit or actions must be taken in
order to comply with the applicable North Carolina Sedimentation and Erosion Control Permits
and the owner of said Lot has not taken the necessary action to bring the Stormwater
Management Facilities located on said owner's Lot into compliance with the Permit or to comply
with the provisions of all applicable North Carolina Sedimentation and Erosion Control Permits
within thirty (30) days after the mailing of said notice. If said owner commences the necessary
action to repair or replace the Stormwater Management Facilities located on said owner's Lot and
to bring the Stormwater Management Facilities into compliance with the Permit or to bring the
Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control
Permits within the thirty (30) day period set forth above, the imposition of a specific special
assessment shall be deferred by the Corporation for the period during which said owner
diligently pursues to completion the repair or replacement of the Stormwater Management
Facilities located on said Lot or compliance with the applicable North Carolina Sedimentation
and Erosion Control Permits. Specific special assessments shall be limited to the amount of
funds actually expended, or in the discretion of the Board of Directors, the amount of funds
28

B0nK ! 952 ?ACLE26Q
reasonably estimated by the Board of Directors will be expended, by the Corporation to repair or
replace the Stormwater Management Facilities located upon the Lot or to comply with the
applicable North Carolina Sedimentation and Erosion Control Permit applicable to the Lot upon
which the specific special assessment is assessed. Special assessments, either general or specific,
together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land
and, subject to the provisions of Paragraph 8(o) hereof, shall be a continuing lien upon the Lot
against which each such assessment is made. The personal obligation of an owner of a Lot for
delinquent special assessments, whether general or specific, shall not pass to a successor in title
to a Lot unless expressly assumed by the successor, but, subject to the provisions of this
Declaration, delinquent special assessments shall continue to be a lien upon such Lot.
o. Any annual general assessment, general special assessment or
specific special assessment, if not paid within thirty (30) days after the date such assessment is
due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court
costs, and reasonable attorneys' fees shall constitute a lien against the Lot upon which such
assessment is levied. The Corporation may record notice of the same in the Office of the Clerk
of Superior Court of Onslow County or file a suit to collect such delinquent assessments and
charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the
owner personally obligated to pay the same and/or bring an action to foreclose the lien against
the Property. The lien of any assessment provided for herein shall be subordinate to the lien of
any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However,'the
sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu
therefor, shall extinguish the lien of such assessment as to payments which became due prior to
such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof. No owner may waive or otherwise escape
liability for the assessments provided for herein.
29

p. In the event the Articles of Incorporation and/or Bylaws of the
Corporation are amended to expand the rights and duties of the Corporation, those amendments
shall have no effect on the Lots or the Subdivision unless, by recorded amendment to this
Declaration, joined in by Declarant, it is agreed that such amendments affect the Lots and the
Subdivision.
9. REMEDIES. In the case of failure of a Lot owner to comply with the
terms and provisions contained in these Restrictions, the Articles or the Bylaws of the
Corporation, the following relief shall be available:
a. The Declarant (whether or not the Declarant is the owner of any
Lot), the Corporation, the Committee, any Lot owner and any party to whose benefit these
Restrictions inure, including but not limited to the State of North Carolina or its assignees with
respect to the Permit, may proceed at law and in equity to prevent the violation of any of these
Restrictions, the Articles and Bylaws and also recover damages for such violation and the court
in any such action may award the successful party said party's reasonable expenses and costs in
prosecuting such action, including reasonable attorney's fees.
b. The remedies hereby specified are cumulative and this
specification of them shall not be taken to preclude an aggrieved party's resort to any other
remedy at law, in equity or under any statute. No delay or failure on the part of the Corporation,
the Committee; the Declarant or an aggrieved party to invoke an available remedy with respect to
a violation of any of these Restrictions, the Articles and Bylaws shall be held to be a waiver by
that party of (or an estoppel of that party to assert) any right available to that party upon the
reoccurrence or continuation of said violation or the occurrence of a different violation.
10. GRANTEE'S ACCEPTANCE.
a. The owner of any Lot subject to these Restrictions, by acceptance
of a deed conveying title thereto, accepts such deed subject to each and all of these Restrictions
30

QCT1 19 5 2 PArr- 2 7 f
and agreements herein contained, and subject to the jurisdiction, rights and powers of the
Committee and the Corporation. The owner of any Lot subject to these Restrictions, by
acceptance of a deed conveying title thereto, shall for said owner, said owner's heirs, personal
representatives, successors and assigns, covenant, consent and agree to and with the Corporation,
the Committee, the Declarant and the owners and subsequent owners of each of the Lots within
the Subdivision, to keep, observe, comply with and perform said Restrictions and agreements.
b. The owner of any Lot subject to these Restrictions, by acceptance
of a deed conveying title thereto, agrees to assume, as against the Corporation, the Committee
and the Declarant, their successors or assigns, all the risks and hazards of ownership or
occupancy attendant to such Lot.
11. SEVERABILITY. Every one of the Restrictions is independent and
severable from the rest of the Restrictions and from every other one of the Restrictions and from
every combination of the Restrictions. Therefore, if any of the Restrictions shall be held to be
invalid or to be unenforceable or to lack the quality of running with the land, that holding shall
be without effect upon the validity, enforceability or "running" quality of any other one of the
Restrictions.
12. VARIANCES. The Committee may allow reasonable variances and
adjustments of these Restrictions in order to overcome practical difficulties and prevent
unnecessary hardships in the application of the provisions contained herein; provided, however,
that such is done in conformity with the intent and purpose of the general development scheme,
that in every instance such variance or adjustment will not be materially detrimental or injurious
to other property or improvements in the neighborhood of the Subdivision and that in each
instance such variance or adjustment complies with the requirements. of the Permit. Any such
variance shall be recorded in the office of the Register of Deeds of Onslow County.
31

IVA, ; 952 23 2
13. CAPTIONS. The captions preceding the various paragraphs and
subparagraphs of the Restrictions are for convenience of reference only and none of them shall
be used as an aid to the construction of any provision of the Restrictions. Whenever applicable,
the singular form of any word shall be taken to mean or apply to the plural, and the masculine
form shall be taken to mean or apply to the feminine or the neuter.
14. AMENDMENT OF RESTRICTIONS. The Restrictions shall run with
and bind all land to which they are applicable until February 28, 2004, after which time they
shall be extended automatically for successive periods of ten (10) years. Except as provided
below, the Restrictions may be amended at any time in full or in part by an instrument executed
by both at least sixty-seven percent (67%) of the owners of the Lots, and by Declarant, which
instrument is recorded in the office of the Register of Deeds of Onslow County and noted on the
margin of the Restrictions, if possible. No such amendment shall affect the rights of Declarant,
its successors or assigns, unless Declarant, its successors or assigns, joins in the execution of the
amendment. In addition to the above requirements, any.amendment of the Restrictions set forth
in Paragraph 4(x) hereof may not be made without the express written consent of the State of
North Carolina, Division of Water Quality. Further, Declarant reserves and retains the right, but
not the obligation, in Declarant's sole discretion unilaterally to amend these Restrictions to
comply with any requirements imposed by any agency of the State of North Carolina with regard
to the Permit.
15. RESTRICTIONS CONTROL MAP. If there is any conflict between any
Restrictions contained herein and any restriction or easement shown or noted on the Recorded
Plat, the provisions of these Restrictions shall control. Further, the provisions of these
Restrictions dealing with amelioration of the effect of a Restriction, such as those governing
variances, shall apply to the restrictions shown by the Recorded Plat.
32

52 PArF273
16. APPLICABILITY AND EXCEPTIONS: ANNEXATION. These
Restrictions shall apply only to the Lots. No other property is restricted and may be used for any
purpose whatsoever. Declarant reserves the right (but is under no obligation) to annex into the
Subdivision any property now or in the future owned by Declarant including, but not limited to,
the, property described by the deed recorded in Book 1642, Page 1, and to make such annexed
property subject to the Restrictions provided herein without the consent of the owners of the
Lots. In the event Declarant does so, from and after said annexation, the owners of all Lots in
the Subdivision shall have identical rights and duties except with respect to the Committee
applicable to said annexed Lots. From and after such time, if ever, Declarant transfers to the
Corporation the right to appoint the members of the Committee for the annexed Lots, the owners
of said annexed Lots shall have identical rights and duties with respect to the Committee as all
other owners of Lots subject to the Committee appointed by the Corporation. Any such
annexation(s) shall be evidenced by a written instrument of annexation recorded in the office of
the Register of Deeds of Onslow County, which instrument shall specifically refer to this
Declaration.
17. TRANSFER BY DECLARANT. The Declarant, by written and recorded
instrument specifically referring to this Declaration may, but is not required to, transfer to the
Corporation, the Committee or to a subsequent owner of property now owned or acquired by
Declarant in the future and located in the general area of the Subdivision, any of the rights herein
reserved by Declarant.
18. REFERENCES. All references herein to recorded documents are
references to documents recorded in the office of the Register of Deeds of Onslow County.
33

t:
Schedule 1
Lot No.
Amount of Built-U on Area in Square Feet
1
6,300
2
6,300
3
6,300
4
6,300
5
6,300
6
6,300
7
6,300
8
6,300
9
6,300
10
6,300
11
10,400
12
6,000
13
6,000
6,000
14
15
10,400
16
Omitted
17
6,000
18
6,000
19
6,000
0
10,400
1
6,000
2
6,000
3
6,000
24
6,000
5
6,000
6
6,000
7
6,000
8
6,000
9
10,400
0
10,400
1
10,400
2 and 32A
6,000
33
6,000
4
Omitted
35
6,000
6
6,000
7
6,000
38
6,000

, n 952 vAIOE275
r 's v
9
6 0^0
0
6,000
1
6,000
2
10,400
3
6,300
44
6,300
5
6,300
6
6,300

IN WITNESS WHEREOF, the Declarant has hereunto set its hand and
seal, the day and year first above written.
SWANS BUILDERS, LLC
(SEAL)
By: (SEAL)
4les E. McCotter, Manager
34

BOOK 19 5 2 PAU7 7
STATE OF NORTH CAROLINA
COUNTY OF
I, O t9 je/e -g• ii` 44 a- , a Notary Public in and for
said County and State, do herby certify that JAMES E. McCOTTER. before me this day
personally appeared, who being by me first duly sworn, says that he is a Manager of SWANS
BUILDERS, LLC, the limited liability company described in- and which executed the foregoing
instrument; that he executed said instrument in the limited liability company name by
subscribing his name thereto; and that the instrument is the act and deed of said limited liability
company.
WITNESS my hand and notarial seal, this the 0 �� day of �xlt of." , 2003.
m x6/f�
Notary Public
My Commission Expires:
NORTH CAROLINA, ONSLow CouNrx DOYLE B . EVAIVS
The foregoing certilicate(s) of
NotarXies) Public is (are) certified to be correct. This instrument was presented for re 'stration and recorded in this office in
Book 1952 page 241 This 6TH day of JANUARY
at 33 o'clock -� M. ,
By---------
Regulee of Dee& Oodmo Comay egveer of Deeds
35

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax: [phone]
.pia..
Ms. Linda Lewis DEC 1 3 2004
NCDENR - Division of Water Quality
127 Cardinal Drive Extension BY:
Wilmington, NC 28405-3845
RE: Trailwoods, Section III
Onslow County, NC
Express Stormwater
Project No. SW8 041030
Dear Ms. Lewis:
Please find enclosed the following:
Two (2) copies of revised Sheet 2 of 7 (Swale Calculation Chart Revision)
2. Stormwater Delineation Plan
3. Revised Page 2 of 3 of the Curb Outlet Supplement
I calculated the swales and drainage areas conservatively to each Swale, taking into
account all impervious surfaces that could possibly be located in the contributing watershed. As
can be seen from the enclosed Revised Page 2 of 3 of the Curb Outlet Supplement, there was
little change in most of the swales with Swale 4 being the exception.. All swales are still below
the allowable FPS for a grassed lined Swale.
If you have any questions or need any additional information, please contact me.
Sincerely,
1Iz [ . : :111F&61, k-T%/��: 1
Jason A. Houston, E.I.
Enclosures
xc: Swans Builders (w/enclosures)
CF (P), LAM
]AH/ads
c1A1 & A.I9� ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: December 8, 2004
To: Jason Houston
Company: Parker & Associates
FAX #: [phone]
Alan W. Klimek, P.E. Director
Division of Water Quality
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 041030
Project Name: Trailwood Section III
MESSAGE:
Jason:
1 am unable to duplicate the drainage areas and built -upon areas you are reporting on the curb
outlet supplement, based on the drainage area map and existing contours you submitted on
December 6, 2004.
Drainage Areas 2, 4 and 5 contain more area, based on existing contours, than is accounted
for in the swale calculations. The drainage area for DA's 3, 6 and 7 is not accurately
calculated. Additionally, the built -upon area reported on the curb outlet supplement appears to
be just for the road. In many cases, the entire built -upon area on the lot will drain into the road,
i.e., Lots 64, 65, 69, 70, 71, 72 and 73. At a minimum, for those lots that drain away from the
road, the driveway within the right-of-way should be accounted for. A good approximation is
840 ft2, based on a distance of 35' from the pavement to the right-of-way, and a 24' wide
driveway.
It is intended that the calculations be conservative. Accuracy in delineating the drainage areas
and calculating the built -upon areas is extremely important. Please revise the drainage area
map, the calculations, and the curb outlet supplement.
RSS1arl: S:1WQSISTORMWATIADDINF0120041041030-2.dec04
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us 1VOi�GliCalOiiTla
An Equal Opportunity/Affirmative Action Employer— 50°% Recycled/10% Post Consumer Paper Aa&nall /

P. 1
* * * COMMUNICATION RESULT REPORT ( DEC
FILE MODE OPTION
---------------------------
563 MEMORY T?;
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
M'
;
ADDRESS (GROUP)
--
919104553441
8.2884 12:41PM )
TTI
RESULT
--------- -
NCDENR WIRO
PAGE
--------P--11
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley. Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Reeourc s
v ^s Alan W. FQimak, P.E. Director
Division of Water duality
FAX COVER SHEET
Date: December 8, 2004
To,.. Jason Houston
Company: Parker & Associates
FAX #: [phone]
No. of Pages: 1
From: Linda Lawis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
I]WO Stormweter Project Number: SW8 041030
Project Name: Trallvood Section III
MESSAGE:
Jason:
I am unable to duplicate the drainage areas and built -upon areas you are reporting on the curb
outlet supplement, based on the drainage area map and existing contours you submitted on
December 5, 2004.
Drainage Areas 2, 4 and 5 contain more area, based on existing contours, then is accounted
for in the Swale calculations. The drainage area for DA's 3, 6 and 7 is not accurately

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax: [phone]
December 3, 2004
Ms. Linda Lewis RECEIVED
NCDENR - Division of Water Quality DEC 0 6 2004
127 Cardinal Drive Extension
Wilmington, NC 28405-3845 By:
RE: Trailwoods, Section III
Onslow County, NC
Express Stormwater
Project No. SW8 041030
Dear Ms. Lewis:
This letter is in response to your letter dated December 2, 2004, requesting additional
information.
1. Please find enclosed a Drainage Delineation Map for the Curb Outlet Swales.
2. A complete Seeding Specification can be found under the Erosion and
Sedimentation Control Notes Item 3. On Sheet 2 of 7.
3. The Details have been revised, please find enclosed 2 copies of the revised Detail
Sheet 7 of 7.
4 Please fi.n --clos(+e copi of the recorded Deed Restrictions f"r Phase T an TI Of
1 1V4JV u JVV. a Vp,� recorded LVV V Vi 1 1
Trailwoods.
If you have any questions or need any additional information please contact me.
Sincerely,
PARKER & ASSOCI S, INC.
/sonA.ouston, E.I.
Enclosures
xc: Mr. Jimmy McCotter (w/enclosures)
CF (P), LAM
]AH/kde
cNKWAMMIR- A ENGINEERING ♦ STORM WATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS ♦ COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: 12-2-o4 No. Of Pages: 3
To: �2 From: Lf,)2 Lx.,, S
CO: rket' tt 5s--�, Division:
FAX #: 9`IG -455 - 3441 FAX#: [phone]
REMARKS: keel ue,,51 iq r- edc4' h>7 2� / Oro -m .z 4i
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

* * * COMMUNICATION RESULT REPORT C DEC. 2.2004 12:17PM )
P. 1
FILE MODE OPTION
447 MEMORY TX
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
9-19104553441
E-2) BUSY
E-4). NO FACSIMILE CONNECTION
State of North Carolina
Department Of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
Fw
William G. Ross Jr., Secretary
FAX COVER SHEET
�r L�`ti✓
Date: No. Of Pages:..
To: 15 From: t
CO: r �)ivi� =
FAX #: TO 5 FAX#: [phone]
1030
127 Ordinal Drlwe Fatenslon. Wilmington, N.C. 254054M45 Telephaoe (0.10) 39"00 FAX [phone]
An EQ041 OFportnaity A171rmative Action Employer
WIRO
PAGE
P. 3/3

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
0
ddlNr► ~
December 2, 2v^04
Mr. Dewey L. Bordeaux, Member/Manager
Swans Builders, LLC
PO Box 7287
Jacksonville, NC 28541
Subject: Request for Additional Information
Stormwater Project No. SW8 041030
Traiiwood Section III
Onslow County
Dear Mr. Bordeaux:
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for
Trailwood Section III on November 18, 2004, with a scheduled Express Review date of
December 2, 2004. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater
review:
1. Please provide a drainage area map, with the drainage area of each of the
proposed 7 curb outlet swales delineated.
2. Please specify the vegetation to be planted in the swales on the swale detail.
3. Please specify 3:1 or flatter tie-in slopes on the street detail and revise the 2:1
slopes currently shown on the cul-de-sac detail to 3:1 or flatter.
4. Please provide copies of the recorded deed restrictions from the previously
permitted Phases I and II.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to December 9, 2004, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.ennstatem.us nI'et�lCaiO I1S
An Equal Opportunity/Affirmative Action Employer— 50% Recycledfl0% Post Consumer Paper W%t'� y

Mr. Bordeaux
December 2, 2004
Stormwater Application No. SW8 041030
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
r
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF0120041041030.dec04
cc: Jason Houston, Parker & Associates
Linda Lewis
Page 2of2

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street ♦ P.O. Box 976
Jacksonville, NC 28541-0976
(O1 f11 d;,S-2d1 d ♦ V.w- 101 AI A94-4dd1
Mr. Cameron Weaver
NCDENR - Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Mr. Weaver:
I I-o rav�
November 17, 2004
RECEIVED
NOV 1 8 2004
BY: O`f/6) 30
RE: Trailwood, Section III
Onslow County, NC
Express Stormwater Submittal
Enclosed are the following items relative to the Stormwater Permit Submittal for the
above referenced project:
1. Two (2) sets of Plans
2. One (1) original and one (1) copy of the Stormwater Permit Application
3. Low Density Supplement
4. Curb Outlet Supplement
5. Stormwater Narrative
6. Draft Covenants
7. One (1) Express Review Fee Check in the amount of $2000.00
If you have any questions or need any additional information please give me a call.
Sincerely,
PARKER & ASSOCZS,C.
son A. H usto
Enclosures
xc: Swans Builders, LLC (w/enclosures)
CF (P), LAM
]AH/ads
c 1.JAH. Weaver.ltr.11.17.04
ENVIRONMENTAL ENGINEERING ♦ STORM WATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING ♦ FEASIBILITY REPORTS ♦ COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS

11/16/2004 17:47 4553441
PARKER & ASSOCIATES
Y AM,MR & ASSOCIA►TES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street * ?,O. Box 976
Jacksonville, NC 2854-0976
[phone] ♦ Fax: [phone]
November
VIA FAX AND MAIL
Mr. Cameron Weaver
NCDENR - Division of Wader Quality
1.27 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Trailwood, Section M
Express Review
Stormwater Only
Mr. Weaver:
PAGE 01
D41o30
This letter is to request that you place this project on the Express Review list for the
Stormwater Management Permit only. We will submit for the Erosion and Sediment Control permit
through the normal process.
Tmilwoods Section III is being developed as a 43 lot Residential Subdivision consisting of
44.63 acres. The Stormwater Management is being applied for under the low density option.
Stormwater from the asphalt curbed streets is to be treated through 5:1 grassed swales a minimum of.
1.00 linear feet, before being released into natural drains and adjacent wetlands.
With this letter please find a copy of the Vicinity Sketch. Please contact us and provide a
schedule of when we need to submit the stormwaater application to you. If you have any questions,
please let Ire know.
Sincerely,
PARKER & ;ASSOCIA ,
J n 7A.Houston. E.I.
Enclosure
xc: Swans Builders, LLC
CF (P)
JAH/ads
cI.JAH. Wcavcr,ltr, 11.16.04
ENVIRONMENTAL KNOINEERI14G + STORM WATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING ♦ FEASIBILITY REPORTS . COMPUTER AIDED DES1014 . CONSTRUCTION PLANS

PARKER & ASSOCIATES, INC. Shaping HoriZoh$
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax: [phone]
November 16, 2004
VIA FAX AND MAIL
Mr. Cameron Weaver
NCDENR - Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Trailwood, Section III
Express Review
Stormwater Only
Mr. Weaver:
This letter is to request that you place this project on the Express Review list for the
a =Tinter Management Permit only. We will submit for the Erosion and Sediment Control permit
through the normal process.
Trailwoods Section III is being developed as a 43 lot Residential Subdivision consisting of
44.63 acres. The Stormwater Management is being applied for under the low density option.
Stormwater from the asphalt curbed streets is to be treated through 5:1 grassed swales a minimum of
100 linear feet, before being released into natural drains and adjacent wetlands.
With this letter please find a copy of the Vicinity Sketch. Please contact us and provide a
schedule of when we need to submit the stormwater application to you. If you have any questions,
please let me know.
Sincerely,
PARKER & ASSOCIA S,
J on A. Houston. E.I.
Enclosure
xc: Swans Builders, LLC
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ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS ♦ COMPUTER AIDED DESIGN + CONSTRUCTION PLANS

October 29, 2004
Mr. Dewey Bordeaux, III, Manager
Swans Builders, LLC
PO Box 7287
Jacksonville, NC 28541
Subject: Request for Stormwater
Trailwoods, Section III
Stormwater Project No.
Onslow County
Dear Mr. Bordeaux:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Management Permit Application
SW8 041030
On October 9, 2004, the Wilmington Regional Office received a copy of a Notice of Receipt of
Erosion & Sedimentation Control Plan for the subject project. The North Carolina
Administrative Code requires any project that must receive either Sedimentation and Erosion
Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater
Management Permit by the Division of Water Quality. Any construction on the subject site,
prior to receipt of the required permit, will constitute a violation of 15A NCAC 21-1.1000 and may
result in appropriate enforcement action by this Office.
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the
status of .this project and the expected submittal date must be received in this Office no later
than November 29, 2004. Failure to respond to this request may result in the initiation of
enforcement action, and construction may experience a subsequent delay.
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan
approval letter must NOT be considered the Coastal Stormwater Management Permit, which
will be signed by the Water Quality Supervisor. Please reference the Project Number above
on all correspondence. If you have any questions, please call me at (910)-395-3900.
Sincerely,
r s i
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQStSTORMWATISTORMSUB1041030.oct04
cc: Bill Morris, Onslow County Building Inspections
Parker & Associates
i r �l _Qffige
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395,3900 Customer 5ervicel-877-623-6748
Wilmington Regional Office Wilmington; NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us 1V On11Ca1 Olilla
An Equal Opportuniity(Affirmative Action Employer — 50% Recycled110% Post Consumer Paper VVJq&-rd4

STORMWATER NARRATIVE
TRAILWOOD, SECTION III
SEPTEMBER 2004
Trailwoods, Section III is a proposed 43 lot residential subdivision that consists of
44.36 acres. Stormwater management will be under the Low Density Option.
Stormwater from the asphalt curbed streets will flow through a minimum of 100 linear
feet of 5:1 grassed swales before it is released to natural drains and adjacent wetlands.
cl . FORMS.Stormwater.Trallwoods.nar

09-23-04 11:43am From -WARD AND SMITH, PA-3000, NB
262 672 5477 T-264 P-002/008 F-506
DRAFT
DECLARATION OF ANNEXATION
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
THIS DECLARATION OP ANNEXATION ("Declaration") made and entered
into this the day of , 2W4 by and between SWANS BUILDERS, LLC
("Declarant"); and ALL PROSPECTIVE pURCHASERS or owners of Lots numbered 43
through 85, inclusive (collectively "Lots") as same are shown, and delineated on a map of
Trailwood Section III, said map being recorded in Map Book _-, Page in the office of
the Register of Deeds of Onslow County ("Prospective Purchasers");
WITNESSETH_
WHEREAS, Declarant heretofore recorded in Book 1952, Page 241 in the office
of the Register of Deeds of onslow County a Declaration ("Declaration') encumbering the lots
in Traiiwood Section I, Map Book 43, Page 130 and Trailwood SectionII, Map Book 43,
Page 192 (hereinafter sometimes called "Subdivision"); and,
WHEREAS, paragraph 16 of said Declaration provided that Declarant reserved
the rsght to annex additional property into the Subdivision without the consent of the owners of
the lots in the Subdivision; and,
WIMREAS, Declarant desires to annex the property hereinafter described into the
Subdivision and to impose the additional restrictions hereinafter set forth upon the Property
hereby annexed and Declarant executes this instrument in order to do so_
NOW, THEREFORE, for and in consideration of the premises, Declarant hereby
does declare as follows:
1. Lots numbered 43 through 85, inclusive, and the roads depicted on a map of
Trailwood Section III, recorded in NW Book , Page ` in the office of the

A723-04 11:43am From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-264 P-003/000 F-566
Register of Deeds of (7nslow County (hereinafter called the "Recorded Plat") hereby are annexed
into the Subdivision and the owners of said Lots numbered 43 through 85, inclusive, shall
become members of the association created by the Declaration and be liable for the assessments
as specified in the Declaration.
,2. In addition to the matters set forth below, Lots numbered 43 through 85,
inclusive, and the roads depicted on the Recorded plat hereby are subjected to the provisions of
the Declaration. It is provided, however, that as to Lots numbered 43 thx+ougtx 95, inclusive, and
the roads depicted on the Recorded plat, the follovwyag additional restrictions are imposed and the
following easements are reserved by Declarant:
a. All roofs on any dwelling and on any permitted outbuilding located upon
Lots numbered 43 through $5, inclusive, shall have at least a 5/12 roof pitch.
b. Except as hereinafter provided, none of the Lots numbered 43 through 85,
inclusive, shall be used for an office, business, or other operation to which persons physicallY
visit to obtain goods or services; no goods shall be stored on any of the Lots for the purpose of
delivery to persons not residing on that Lot; and no goods shall be delivered to any of the Lots by
delivery tracks or otherwise if the goods are intended to be delivered thereafter to persons not
residing on that Lot. The foregoing notwithstanding, the following are not prohibited by this
Paragraph 2(b). (i) the storage by an occupant living in the residential dwelling oil any of the
Lots of goods intended to be delivered as gifts to a family member or a personal acquaintance of
said occupant. or (ii) the maintenance by Declarant of a model home and/or sales office on any
of the Lots which Declarant owns or leases.
c_ Each dwelling located upon Lots numbered 43 through 85, inclusive, shall
contain no less than 1,800 square feet of heated floor area-
2

00.-23-04 11:43am From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-254 P-004/008 F-666
d. Except as hereinafter provided in this Paragraph 2(d), any fence located on
Lots numbered 43 through 85, inclusive, shall be constructed behind the front face of the
dwelling located upon such Lot and shall be noeatez than six (6) feet in height. It is provided,
however, that a privacy fence enclosing an area not greater than four hundred (400) square feet
may be constructed at a height greater than six (6) feet but not greater than 6W (9) feet. Any
such permitted privacy fence shall be located behind the rear face of the dwelling located upon
the Lot. All fences shall be constructed of either pressure treated wood; decay and insect
resistant wood such as cedar, juniper ar redwood; or of vinyl. No chain link fences shall be
constructed on any Lot. All swimming pools shall be enclosed by a privacy fence approved by
the Committee meeting the criteria set forth above.
e_ Except when used during and as part of construction of a dwelling on Lots
numbered 43 through 85, inclusive, no trucks or buses (other than pickup trucks of one (1) ton
capacity or less, small vans, or small trailers) shall be parked overnight on any Lot except in an
enclosed garage. A pleasure boat on its trailer and recreational vehicles may be parked or stored
on a Lot only behind the front face of the dwelling located on the Lot and not nearer than ten
(10) fecr to any si3e or rear lot line.
L Prior to their occupancy, all dwellings located upon Lots numbered 43
through 85. inclusive, shall have constructed thereon a concrete driveway at least nine (9) feet in
width running from the pavement of the street on which the Lot fronts to the front face of the
dwelling located on the Lot•
Aboveground pools are prohibited on each of Lots numbered 43 through
9-
85, inclusive.
h. Each of Lots numbered 43 through 85, inclusive, shall have a maximum
Built -upon Area (as that term is defined in the Declaration) of 9,363 Square feet Nothing is this
3

09-23-04 11:43am From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-264 P-005/000 F-566
Declaration of Annexation shall prohibit Declarant from exceeding the Built -upon g Area
requirements set forth herein through properly obtained permits fmm applicable governmental
authorities. Those permits may provide for engineered stormwater systems. Any of the
provisions of this Declaration of Annexation may be amended, modified or terminated to comply
with stormwater rules now or hereafter adopted by the State of North Carolina by an instrument
in writing executed by Declarant, its successors or assigns.
L Notwithstanding the provisions of Paragraph 8(g)(iii) of the Declaration,
as to Lots numbered 43 through S5, inclusive, the annual to
eueral assessment may not be
increased over ten percent (10%) of the annual general assessment for the preceding year until
fifteen (15) years after the date of this Declaration of Annexation without the prior written
consent of Declarant recorded in the office of the Register of Deeds of Onslow County.
3. Declarant hereby reserves a non-exclusive, perpetual right of way and easement
for the purposes of ingress, egress, regress, access, the installation and maintenance of utilities,
further subdivision and the rigbit to dedicate roads over and through all of the roads depicted on
the Recorded Plat including, but not being limited to Tradwood Drive and the area (which is not
included it !his Subdivision) 'twn its numbered 75 and 76 in order to access and provide
utilities to the remaining property of Declarant de= -bed by the deed recorded in Book 935,
Page 265 in the office of the Register of Deeds of Onslow County, which property is located
west of the property shown and delineated on the Recorded Flat.
4. These restrictions shall apply only to the Lots numbered 43 through 85, inclusive,
and the roads depicted on the Recorded Plat. No other property is restricted by these restrictions
and there is no obligation to impose these restrictions on any other property.

09-23-04 11:44am From -WARD AND SMITH, PA-3000, NB 252 672 5477 T-254 P.006/009 F-566
IN TESTIMONY VWHEREOF, Declarant has caused this instrument to be signed
and sewed in a manner so as to be binding, this the day and year fast above wntteni.
SWANS BUILDERS, LLC (SEAL)
A Limited. Liability COmpany
By: (SEAL)James E. McComr, Manager
F

00-23-04 11:44am From -WARD AND SMITH, PA-3000, NB
252 6T2 54TT T-254 P.007/008 F-666
STATE OF NORTH CAROLINA
COUNTY OF —
L a Notary Public in
and for said County and State, do hereby certify that JAMES E- mccOT ER before me this day
personally appeared, who being y me
a b fast drily sworn, says that he is a manager of SWANS
BUILDERS, LLC, the limited liability company described in and which executed be foregoing
instrument; that he executed said instrument in the limited liability company Y
subscribing his name thereto; and that the instmwent is the act and deed of said limited liability
company.
WnNESS my band and notarial seal, this the day of ° 2004•
My Commission Expires:
Notary seal or stamp most appear within above box.
rig
Notary Public

08-23-04 11:44am From -WARD AND SMITH, PA-3000, NB 252 672 6477 T-254 P-008/008 F-566
STATE OF NORTH CAROUNA
COUNTY OF ONSLOW
The foregoing certificate of '
a Notary Public of said County and State, is certified to be correct. This instrument was
presented for registration this day and hour and duly recorded in the office of the Register of
Deeds of onslow County, North Carolina, in Book Page
This `day of
2004, at o'clock
Afir
NBMARZW2474\1
7
Register of Deeds

%7 tate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
'14 a
v�
1\ NCDENRk
\� NORTH CAROIJNA DEPARTMENT OF
ENVIRONMENT AND NATURAL REscuROE9
September 9, 2004
NOTICE OF RECEIPT OF EROSION & SEDIMENTATION CONTROL PLAN
Swans Builders, LLC
Mr. Dewey Bordeaux, III, Manager
P.O. Box 7287
Jacksonville, NC 28541
-C
Dear Mr. Bordeaux, III:
0 k/I van
This office has received a soil erosion and sedimentation control plan for the project listed below which was
submitted as required by the North Carolina Sedimentation Pollution Control Act (NCGS 113A-57(4)).
Please be advised that this Act requires that all persons disturbing an area of one or more acres of land must
obtain approval of a soil erosion control plan prior to the commencement of said land -disturbing activity (NCGS 113A-
54(d)(4)). The Act further states that this plan must be filed a minimum of 30 days prior to the activity and the
approving authority must approve or disapprove the submitted plan within 30 days of receipt. Failure of the approving
authority to approve or disapprove the submitted plan within the 30 day period will be deemed approval of the plan
if the submitted plan is complete. Commencement or continuation of a land -disturbing activity under the jurisdiction
of this Act prior to the approval of an erosion & sediment control plan is a violation of the Act.
A copy of any erosion and sediment control plan which could involve the utilization of ditches for the purpose
of dewatering or lowering the water table is forwarded by this office to the Division of Water Quality (DWQ). It is
suggested that you contact the Division of Water Qdality at [phone] if the ditches shown on your plan will
lower the water table.
We have performed a preliminary review of your submitted plan and have determined that additional information
will be necessary before a final review can be completed. Enclosed is a checklist of items that must be submitted
before we can complete the review process. Failure to provide the additional information may result in disapproval
of your plan.
The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal
and State water quality laws, regulations and rules.
If you have questions or need additional information, please do not hesitate to contact this office. Your
cooperation in this matter is appreciated and we look forward to working with you on this project.
Sincerely,
(3Janet M. Russell
Environmental Technician
cc: Jason A. Houston, E.I.; Parker & Associates, Inc:
WiRO-LQS; WiRO-WQS-SW
PROJECT NAME: Trailwoods, Section III
PROJECT NO.: Onslo-2005-075
LOCATION: Trailwood Drive - Onslow County
RIVER BASIN: White Oak
SUBMITTED BY: Parker & Associates, Inc.
DATE RECEIVED BY L.Q.S.: September 8, 2004
127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone [phone] a Fax [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA DEPARTMENT of ENVIRONMENT & NATURAL RESOURCES
LAND QUALITY SECTION WILMINGTON REGIONAL OFFICE
PROJECT NAME: Trailwoods, Section III
PROJECT NUMBER: Onslo-2005-075
DATE: September 8, 2004
COUNTY: Onslow
EROSION & SEDIMENT CONTROL PLAN PRELIMINARY REVIEW CHECKLIST
To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan
application has been made and has shown the need for additional information as specified below. To meet
our review schedule, any additional information should be received by this Regional Office no later than
September 28, 2004. Failure to meet this schedule may result in disapproval of your plan.
LOCATION INFORMATION
Project location (roads, streets, landmarks)
North arrow and scale
GENERAL SITE FEATURES (Plan elements)
Legend: North arrow, scale, etc.
Property lines
Existing contours (topographic lines)
Proposed contours
Limit's of disturbed area (provide acreage total, delineate
limits, and label)
Planned and existing building locations and elevations
Planned & existing road locations & elevations
Lot and/or building numbers
Geologic features: rock outcrops, seeps, springs,
wetland and their limits, streams, lakes, ponds, dams, etc
Easements and drainageways
Profiles of streets, utilities, ditchlines, etc.
Stockpiled topsoil or subsoil locations
If the same person conducts the land -disturbing activity
& any related borrow or waste activity, the related borrow
or waste activity shall constitute part of the land -
disturbing activity unless the borrow or waste activity is
regulated *under the Mining Act of 1971, or is a landfill
regulated by the Division of Solid Waste Management.
If the land -disturbing activity and any related borrow or
waste activity are not conducted by the same person,
they shall be considered separate land -disturbing
activities and must be permitted either through the
Sedimentation Pollution Control Act as a one -use borrow
site or through the Mining Act
EROSION CONTROL MEASURES (on plan) .
Legend
Location of temporary measures
Location of permanent measures
X Construction drawings and details for
temporary and permanent measures
Maintenance requirements of measures
Contact person responsible for maintenance
SITE DRAINAGE FEATURES
Existing and planned drainage patterns (include off -site
areas that drain through project)
Method of determination and calculations for Acreage of
land being disturbed
Size and location of culverts and sewers
Soil information: type, special characteristics
Soil information below culvert storm outlets
_X_ Name and classification of receiving water course.
OTHER INFORMATION Please see next page.
STORMWATER CALCULATIONS
Preconstruct!on runoff calculations for each outlet from the site
(at peak discharge points)
Design calculations for peak discharges of runoff (including the
construction phase & the final runoff coefficients of the site)
Design talcs of culverts and storm sewers
Discharge and velocity calculations for open channel and ditch
flows(easement & right-of-ways)
X_ Design calcs of cross sections and method of stabilization of
existing and planned channels (include temporary linings)
X_ Design calcs and construction details of energy dissipators
below culvert and storm sewer outlets (diameters & apron
dimensions)
VEGETATIVE STABILIZATION
Area & acreage to be vegetatively stabilized
Method of soil preparation
Seed type & rates (temporary & permanent)
Fertilizer type and rates
Mulch type and rates
NOTE: Plan should include provisions for groundcover on
exposed slopes within 15 working days or 30 calendar
days (whichever Is shorter), following completion of any
phase of grading; permanent groundcover for all
disturbed areas within 15 working days or 90 calendar
days (whichever is shorter) following completion of
construction or development.
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
Completed, signed & notarized FR/O Form
Accurate application fee ($50.00 per acre rounded up the next
acre with no ceiling amount)
_X_ Certificate of assumed name, if the owner is a partnership
Name of Registered Agent (if applicable)
Copy of the most current Deed for the site
NOTE: The Express Permitting Option is available, but there is a
supplemental fee charge of $250.00 per acre (rounded up
to the next acre) up to eight (8) acres, after which the
Express Permitting supplement is a fixed $2,000.00 (the
normal fee continues to increase).
NARRATIVE AND CONSTRUCTION SEQUENCE
Narrative describing the nature & purpose of the construction
activity
Construction sequence related to erosion and sedimentoontrol
(including installation of critical measures prior to the initiation
of the land -disturbing activity & removal of measures after
areas they serve are permanently stabilized)
Bid specifications related only to erosion control
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Eaual Ounn:t,r ,ire Aff;rrnati::e A; sin. Fmm!cver

EROSION & SEDIMENT CONTROL PLAN PRELIMINARY REVIEW CHECKLIST - Continued
Project Name: Trailwoods - Section III Onslo-2005-075
90' long energy dissipators are unrealistic and unlikely to be installed. Provide specific sizes on
drainage pipe chart, (for contractor).
2. Provide an actual cross-section of the drainage swales showing the depth of the ditch and the
proposed 5:1 side slopes.
3. Provide the detail for the swale liners (sod & matting).
4. Provide a copy of the wetland impact permit from the Corps of Engineers.