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HomeMy WebLinkAboutSW8931006_Current Permit_19981221State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality Mr. James Stallings, Partner MAR-STAL Partnership PO BOX 778 Havelock, NC 28532 Dear Mr. Stallings: 1 � o NCRDENii NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 December 21, 1998 Subject: Permit No. SW8 931006 Modification Sand Ridge Subdivision High Density Subdivision Stormwater Project Carteret County The Wilmington Regional Office received the modification to the Stormwater Management Permit Application for Sand Ridge Subdivision on August 31, 1998, with final information on December 18, 1998. 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 211.1000. We are forwarding Permit No. SW8 931006 Modification, dated December 21, 1998, for the construction of the project, Sand Ridge Subdivision. This permit shall be effective from the date of issuance until December 21, 2008, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the, North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:IWQSISTORMWATIPERMIT1931006.DEC cc: John Summerlin, P.E. Bob Chambers, Carteret County Inspections Robert Hill, Jr. Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 931006 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO MAR-STAL Partnership Sand Ridge Subdivision Carteret County FOR THE construction, operation and maintenance of detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules`) and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 21, 2008 and shall be subject to the following specified, conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. 3. The subdivision is permitted for 71 lots, each limited to a maximum built -upon area as follows: Lots 1-20 @1,950 ft2, and Lots 21-24, 29-66, and 81-86 @2050 W. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. The runoff from Phase I (Lots 1-20) is treated in a curb outlet system. The swales must have a side slope no steeper than 5:1, a longitudinal slope no steeper than 5%, a minimum length of 100', carry the flow from the 10 year storm in a non -erosive manner, and maintain a vigorous vegetated cover. Swales are located between Lots 5/6, Lots 8/9 and beside Lot 1. 2 State Stormwater Management Systems Permit No. SW8 931006 Modification DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Sand Ridge Subdivision Permit Number: 931006 Modification Location: Carteret County Applicant: Mr. James Stallings, Partner Mailing Address: MAR-STAL Partnership PO Box 778 Havelock, NC 28532 Application Date: August 31, 1998 Water Body Receiving Stormwater Runoff: Newport River Classification of Water Body: 1101 If Class SA, chloride sampling results: n/a Pond Depth, feet: 6.5 Permanent Pool Elevation, FMSL: 24 Total Impervious Surfaces, ft2: 340,687 Lots 21-24, 29-66, and 81-86 @2050 ft2: 104,550 1/2 of Lots 13-21 (Phase I) @1,950 ft2: 7,500 Roads/Parking, ft2 79,436 Other, ft2 Britthaven) 85,777 Offsite Area entering Pond, ft2: 85,777 (Britthaven, see SW8 980103) Required Surface Area, ft2: 14,994 Provided Surface Area, ft2: 17,510 ti Required Storage Volume, ft3: 29,802 Provided Storage Volume, ft3: 40,406 Temporary Storage Elevation, FMSL: 26 Controlling Orifice: 2.75 pipe Kj State Stormwater Management Systems Permit No. SW8 931006 Modification II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales and curb outlet swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 4. 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. 5. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 6. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 7. The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 9. Decorative spray fountains will not be allowed in the pond. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 4 r; State Stormwater Management Systems Permit No. SW8 931006 Modification 11. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, catch basins and piping. g. Access to the outlet structure must be available at all times. 12. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 13. Prior to the sale -of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. The maximum built -upon area per lot for Lots 21-24, 29-66, and 81-86 is 2,050 ft2, and for Lots 1-20, 1,950 W, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built - upon area due to CAMA regulations." e. ll runoff on Lots 21-24, 29-66, 81-86, and the Britthaven site must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures." 14. A copy of the recorded deed restrictions must be submitted to the -Division within 3 0 days of the date of recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book number and page, and bear the stamp/signature of the Register of Deeds. 15. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Records of maintenance activities will be required. 17. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 5 State Stormwater Management Systems Permit No. SW8 931006 Modification M. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Opera on and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143- 215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Permittee grants permission to stuff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. Permit issued this the 21 st day of December, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 931006 Modification 0 State Stormwater Management Systems Permit No. SW8 931006 Modification Sand Ridge Subdivision Stormwater Permit No. SW8 931006 Modification Carteret County Engineer's Certification 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/,weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was usedin the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL fi OPERATION AND MAINTENANCE PLAN SAND RIDGE Streets will be curb and gutter, with water collected to catch basins. All runoff will pass through the Stormwater Retention Pond before discharge into Town of Newport Stormwater Collection System. Stormwater controls maintenance will be performed in conjunction with the Plan for Sedimentation Control and will include the following: The stormwater retention pond will be inspected at least twice yearly to ensure that the structure is operating as originally designed. Inspection priorities will include checking the embankment for subsidence, erosion, cracking and tree growth; the condition of the emergency spillway and drain; the accumulation of sediment; clogging of the riser and outlet; and the adequacy of the channel erosion protection measures. The side slopes will be mowed at least twice yearly to prevent woody growth and to control weeds. Regrading and revegetation will be performed as necessary to correct any slumping or erosion of the slopes. The trash rack and orifice will be inspected after every runoff producing rainfall and debris and litter removed as needed to keep the riser from becoming clogged. The stormwater retention pond will be cleaned out when the sediment in the pond reaches one foot of depth. All grass swales will be located within easements. Grass swales will be mowed every three weeks during the growing season and will be checked and mowed as needed on a monthly basis during the winter months. Sedimentation in the swales will be inspected and removed every three months. Any eroded areas will be filled with top soil, reseeded, and mulched as often as necessary to re-establish an erosion resistant turf. I, James M. Stallings, Jr., certify that the above project will be maintained in conformance with the above information. /AerAlsSigna;tolf" Date I, �tV . Qn.Irn a Notary Public for the State of North Carolina, County of C aven, do hgreby certify that James M. Stallings, Jr. personally appeared before me this day of #Worst. +"�, 1995, and acknowledges the due execution of the 1111 PI, foregoing instrument. AWH &?,band and official seal_ sT1C I, ,� OD.r My commission expirin `;�?� /99Co AUG 9 ,R M5 CO U NI, D E M �/� �O Y/ 1PRO1 93 f State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERNr'r A PPT T Ai" -%W� x ORIVr This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): 2. Print Owner/Signing Official's name and title (the person who is legally responsible for the facility and its compliance): - 3. Mailing Address for person listed in item 2 above 9 rat / •.JV *I")-? . caY- hem 1 -,;V t State: NC Tel hone' eP Nt=bez L252 m2eos` 4. Project Name (subdivision, facility, or establishment name -. should be consistent with project name on Plans, specifi;ations,'letters, operation and maintenance agreements, etc). Carteret Countv tL 0i 4R_ a 5. Location of Facility (street address): 'ice n L'.W.ha i i Re d Gty Newport. �� sari-r�ret 6. Directions to facility (from nearest major intersection): Approximately 5 miles east of Havelock on US 70, turn into Baywood xhall Road.. of facility 8. Contact person who can answer questions about the facility-. Nan= John Summery ; n Telephone Number. ( 952 1 526-5055 _ II. PERMIT INFORMATION 1. Specify whether project is (check one): New Renewal X Modification {� 2. If this application is beingg submitted as the result of a renewal or modification to an existing permit, list the mcisiingpezmitnumber SW8-931006 L,,--' and its issue date (if known) 10-20--95 ✓' (Sand Ridge Subdivision) Form SWU-101 April 1998 Page 1 of 4 Low De --city r rs� h Density Redevelop Gene_�1 P° it Other , Additional Project Requirements (check applicable blanks): LAMA Major X Sedimentation/Emsion Control 404• Permit III. PROJECT INFOMNUTION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater spa -iag�.rterit for the project. Stormwater from Britthaven site drains into existing ditch leading to the — detention =id in the Sand Ridge a3bdivision preciously pemtted. (Site plan errlcsed) 2- Stormwater runoff from this project drains to the ivewoort River basin. 3. Total Projew Area: 4-98 la• 3 4- a---- u,-; 4-.1 ba a ; s Pmjeot Built Upon 9xe3: 00 -1�9-94 acres Sand Ridge Sand Ridge = S. How many drain- basins does the project have? 1 _ _ a 6. Complete the following information for each drainage basin If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. Receiving Stream Name -- Receivigz Stream Class Drainage Basin Area E :i5ting Imve_-v?otis; Area Proposed Imvervious .arrea of - Impervious* Area (total On -site Builair On -site Streets On -site Parldn.i On -site Sidew; O*her on -site I. Off -site r: Will fm SB NA Total: I I T _ 2Wyrt'r Impe:Vtous area is defined as the built upon area including, but not limited tD, butidix areas, sidewalks, gravel areas, etc. 7. How was the off-3te impe*roious area lis} above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COV LNA.NL 'TS Deed resaictions and protective covenants are required to be recorded for all low subdivisions prior to the sale of any lot. Please see Attachment A for the specific b2�re i m0 eV14'O .: SEAS. - 512 C L_RA, ijec-z and all'f-"6' must be recorded. Forn SW[.;-101 April 1998 Page 2 of 4 -BY Your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will nun with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. AGENT AUTHORIZATION r If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: �l J 1' • • J I 1 •1 • • � , 1111 - •1 11�� I. 1' � 1• /� .11 Fax f 797 1 5?7_�15a VI. SUBb=AL REQUIREMENTS This application package will not be accepted by the Division of Water Quality unless all of thlicab items are included with the submittal e apple 1. Please indicate that you have provided the following required information by signing your initials in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Forms) for each BMP (see Attachment A) • Permit application processing fee (see Attachment A) • Two copies of plans and specifications including. • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including-. . Development/Project name - Engineer and firm - Legend - North arrow - Scale ` - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage basins delineated - Vegetated buffers (where required) VII. APPLICANT'S CERTIFICATION I, (print or type game of person listed in Cenernl In o7Tnatio L, item 2 - Jon n_ q eel in certify that the information included on this permit application form is correct, that the project will be / constructed in conformance with the approved plans, that the deed restrictions in accordance with Attachment / A of this form will botcorded with all realArg permit conditions, and that to the best of my knowledge the llljjj proposed p9o, 5�`� e '� of ISA NCAC 2H .1000. Form SWU-101 April 1998 Paoe 3 of 4 } State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANArEMErTr FERmr± AITLICA"ILDN F01LM This fora may be photocopied for use as an original I. GENF,RAL, INFORMATION I. Applicants name (specify the name of the corporation, individual, etc. who owns the project): MAR—STAL Partnership 2. Print Owner/Signing Official's name and title (the person who is its compliance):' legally responsible for the facility and James Stallings, Partner I Mailing Address for person listed in item 2 above: PO Box 778 City Hayrnl cx-lc State: NC My. 28532 TelephoneNumber.. ( 252 1 447-0865 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Sand Ridge Carteret County 5. Location of Facility (street address): _ Gty: Newport �� Carteret 6. Directions to facility (from nearest major intersection): Approximately 5 miles east of Havelock on US 70, turn into Baywood and onto Ba ber turn left on Greystone, then left on Foxhall Road. 7. Latitude 340 48 min. oo sec. a 760 52 min. 45 sec. of facility 8. Contact person who can answer eons about the facility-. Name John Summerlin TeiephaneNumber: ( 252 526-5055 n• PERmrr INFoRMATION: 1. Specify whether project is (check one): New _ Renewal x Modification 2- If this application is being submitted as the result of a renewal or modification to an existing permit, list the exist!rigpem* uza3ier SW8-931006 and its issue date (if known) 10-20--95.-_ .. (Sand Ridge Subdivision) Form SWU-101 April 1998 Page I of 4 3. Specify the type of project (check one): Low Density X High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): LAMA Major XSedimentation/Erosion Control III. PROJECT INFORMATION 4% Permit 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater from Britthaven site drains into existing ditch leading to the detention pond in the Sand Ridge Subdivision previously permitted.(Site plan enclosed; 2. Stormwater runoff from this project drains to the Newport River basin. 3. TOW PrajectArea: M 4 acres Sand Ridge 4. Project BuiltUponArea: % 5. How many drainage basins does the project have? I Sand Ridge = 34% 6. Complete the following information for each drainage basin If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. Recei Stream Name Receiving Stream Class Drainage Basin Area 23.42 a Existing ervious* Area Proposed Im ervious"Ama % Im ervious" Area (total) 34% On -site Buildings On -site Streets 79 436 On -site Parkin On -site Sidewalks NA Other on -site Off -site Britthaven (980103) 85,777 Total: 7-_ E= 340,687 lmperatous area is depned as the built upon area including, but not Iimited to, buildings, areas, sidewalks, gravel areas, etc. _.%%* 7. How was the off -site impervious area listed above IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density subdivisions prior to the sale of any lot. Please see Attachment A for the specific items tl C"' ""I rSS 1+9 5387 J. Form SWU-101 April 1998 Paae 2 of 4 By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot V. AGENT AUTHORIZATION If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section ' DesigngedagentChiividualorf�: .Tohn fl_ Sunrtneriin PE _ M3*9 PO Box 1067 City. Kinston Staff NC 28502 Fax ( 252 ) 527-5358 VL SUBMITTAL REQUIREMENTS This application package will not be accepted by the Division of Water Quality unless all of the applicable items are included with the submittal 1. Please indicate that you have provided the following required information by signing your initials in the space provided next to each item. - Original and one copy of the Stonnwater Management Permit Application Form - One copy of the applicable Supplement Form(s) for each BUT (see Attachment A) - Permit application processing fee (see Attachment A) - two copies of plans and specifications including. . - Detailed narrative dmwiption of stormwater trestmnent/management - Two copies of plans and specifications, including•. - Development/Project name - Engineer and firm - Legend - North arrow - Scale -Revision nimnber.& date _ - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, parking, cal -de -sacs, sidewalks, and curb and gutter - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage basins delineated Vegetated buffers (where required) VII. APPLICANTS CERTIFICATION I, (print or type name of person IisW'm General Infvrnration, item 2) Jaineg sta 11; n g G certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions in accordance with Attachment A of this form will be recorded with all required permit conditions, and that to the best of my knowledge the proposed project complies with the requirements of 15A NCAC 2H _1000. Dale_ Dec. 15,1998 MAR—STAL Partnership, Partner Form SWU-101 April 1998 Page 3 of 4 ATTACHNIFNT A 1. Deed Restriction Language The following statements must be recorded for all low density projects and for all projects that involve the subdivision and selling of lots or outparcels: - 1. No more than square feet of any lot, including that portion of the right-of-way between the edge of pavement and the front lot line, shall be coverers by impervious structures including asphalt, gravel, concrete, brick, stone, slate or similar material -but not including wood decking or the surface of swimming pools. This covenant is intended to insure continued compliance with the stormwater permit issued by the State of North Carolina. The covenant may not be changed or deleted. without the consent of the State. 2. No one may fill in, pipe, or alter any roadside swale except as necessary to provide a minimum driveway crossing. NOTE: If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot number, size and the allowable built -upon area for each lot. For commercial projects that have outparcels or future development the following statements must also be recorded: 3. The connection from the outparcel or future area into the stormwater system must be made into the forebay such that short-circuiting of the system does not occur.- 4. All built -upon area from the outparcel or future development must be directed into the permitted stormwater control system. 5. Built -upon area in excess of the permitted amount will require a permit mod#ication prior to construction. For curb outlet systems, the following statement in addition to items 1 and 2 above must be recorded: 6. No one may pipe, fill in or alter any designated 100 foot long grassed swale used to meet the requirements of NCAC 2H .1008(g). 2. SupplementFor s The applicable supplement forms) listed below must be submitted for each BMP specified for this project Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU 106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU 108 Neuse River Basin Nutrient Management Strategy Supplement 3. Permit Application Fees (check made payable to NCDENR and submitted to the appropriate Regional Office) Type of Permit Low Density High Density Other Director's Certification General Permit New, Modification, or Late Renewal $225 $385 $225 $350 $50 Timely Renewal Without Modification n/a $225 n/a n/a n/a - Fonn SWU-101 April 1998 Pane 4 of 4 Permit No. _ (to a provided by D State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION 13AS-1N STiPPLETYMN'x' This form may be photocopied for use as an original DWQ Stormwater Managgement Plan Review: A complete stormwazer management plan mittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a signed and notarized operation and maintenance agreement. I. PROJECT INFORMATION (please complete the following information): Project Name : _Sand Ri acre Subdimi a on Contact Person: Dr. Frank Marmar se Phone Number. (252 ) 447-0865 For projects with multiple basins, specify which basin this worksheet applies to: Basin Bottom Elevation 17.5 ft. Permanent Pool Elevation 24 _ o ft. Temporary Pool Elevation 26.0 ft. Permanent Pool Surface Area 17, s i o sq. ft. Drainage Area Impervious Area Permanent Pool Volume Temporary Pool Volume Forebay Volume SA/DAI used Diameter of Orifice Design TSS Removal 23.42 ac. 8.43 ac. 93,181 cu. ft. 40, 896 cu. ft. 7E N . A. cu. ft. _1.6 2 7 5 in. 90 % II. REQUIRED ITEMS CHECKLIST (average elevation of the floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and of -site drainage to the basin) (on -site and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (surface area to drainage area ratio) (85% TSS removal required, see item k below) The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N-C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an went in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. '11cx�l Rc2h&m bu, 4h-esi*le se-rvecl bJL a- e�c,-sl�'�c� P`-7d w%v z kore 6,041 Form SW -102 Rev 1/August 1998 Pase 1 of 3 Is a. The temporary pool controls runoff from the I inch storm event. b. The basin length to width ratio is greater than ; 1. c. The basin side slopes above the permanent pool are no steeper than 3:1. d. A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail). e. Vegetation above the permanent pool elevation is specified. f. An emergency drain is provided tc file basin. g. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). h. The temporary pool draws down in 2 to 5 days. i. A trash rack is provided for both the overflow and orifice. j. The forebay volume is approximately equal to 20% of the total basin volume. k. Sediment storage is provided in the permanent pool. 1. A 30 foot vegetative filter is provided at the outlet'- (include erosive flow calculations) m. Recorded drainage easement for each basin including access to nearest right-of-way. n. A site specific operation and maintenance (O&M) plan is provided. o. A vegetation management/mowing schedule is provided in the O&M plan. p. Semi-annual inspections are specified in the O&M plan. q. A debris check to be performed after every storm event is specified in the O&M plan. r. Specific clean -out benchmarks are specified in the O&M plan (elevation or depth). s. A legally responsible party is designated in the O&M plan3 (include name and title). t. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified to be performed prior to use as a wet detention basin. Footnotes: 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90% TSS removal. 3 The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. M. WET DETENTION BASIN OPERATION AND MA UENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment systems (pretreatment other than forebays), and the vegetated filter if one is provided. This system (check one) 21'oes ❑ does not incorporate a vegetated filter. This system (check one) ❑ does (-do'es not incorporate non-integrated pretreatment. Maintenance activities shall be performs as follows: After every significant runoff producing rainfall event and at least monthly: Form SWU-102 Rev 1/August 1998 Page 2 of 3 a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow ve etative cover to maintain a maximum height of six inches, and remove, trash as needed. g 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, proper functioning. etc.) quarterly to maintain 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpi ng near a wet detention basin or stream, etc.). The original design depth is: The sediment removal benchmardepth is: .87.Sy, 5. Remove cattails and other indigenous wetland plants when they cover 75% of the basin surface. These Plants shall be encouraged to grow along the basin perimeter. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance -of the above maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the project, responsible party, or address. Print name: MarStal Partnership Address: PO Box 778, Havelock, NC 28532 Phone: (252)447-0865 Title: fir. Frank A. Marmarose, Partner Signature: Date: I, Hazel B Magee , a Notary Public for the State of North Carolina County of Craven do hereby certify that Dr. Frank A. Mamarose Personally appeared before me this r day of December .......,,,., 19 9g �, _ ,and acknowledge the due execution of the forgoing infiltration, system maintenanceIVFA"" , cess my hand and official seal, A R �SF.Ai My commission expires o Z - : P U • 41 Form SWU-102 Rev 1/August 1998 Pane 3 of 3 State Stormwater Management Systems 77 RFC- - •- Permit No. SW8 931006 Modification JAN 1 Ci1�1 Sand Ridge Subdivision S Stormwater Permit No. SW8 931006 Modification BW: Carteret County Engineer's Certification ,,William A. (-.old ' as a duly registered Professional Engineer in the State ofNorth Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, Sand Ridge Subdivision, Ca teret County for '4A_n - S TAL TOx t n er shin. _(Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specifications: The original engineer on this project, 11r. J. E. Summerlin, P. E., is decease T-Tv followun work confirmed the detention basin was constructed ner design ,with dimensions (17,465 S. F. surface area) and volume (40,896 C. P.) that 'fr. Summerlin stated in his letter to Ms. Linda Lewis, NCDENR on 8/24/98. R Signature Registration Number 05262 Date January 19, 2001 7 Newport Sands Subdivision Carteret County Stormwater Project No. 931006 Engineer/Designer/Owner Certification &V2Ae- I TI , having been authorized to observe iodicall eekly/full time) the construction of the project, L' pa"-f "5;",o -S _(Project) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction of the stormwater control system for this project such that the construction was observed to be built within substantial compliance and intent of the plans and specifications approved by the NCDEM Water Quality Section. The layout of the impervious surfaces and the road details, as constricted, conform with the layout and road details shown on the approved plans. (Note: if a copy of the recorded deed restrictions has not been forwarded, you must provide a copy along with this form.) Signature Date p E C E 9 V k D SEP 1 9 1994 D E M PRpr 91 100 (o Newport Sands Subdivision Carteret County Stormwater Project No. 931006 Engineer/Designer/Owner Certification it having been: (periodically/w y/fu tune the cons ction of the project, authorized to observe _(Project) - hereby state that, to the best of my abilities, due care and diligence was. used"in the observation of the construction of the stormwater control system for this project such that the construction was observedlo be built within substantial compliance and intent of the plans and specifications approved by thc'NCDEM Water Quality Section. The layout of the impervious surfaces and the road details,. as, -constructed, conform with the layout and road details shown on the approved plans. (Note: if a copy of the recorded deed restrictions has not been;qrwarded, you must provide a copy along with this form.) Signature L Date 30A /� f✓,ti1 /1/rJ .2 STORBMATERE..c OD " SED 1 3 1991 rxoJ �F�g��Co T ■ !!!l•.� � •. Its -- f. l�� '� �.. ,� -s-XJ0" :F=F 11 • w0l-n'1 P.01 .i t L ,� p • . ffl � L',� ��2 ec{ ►t.. STATE OF NORTH CAROLINA NOV 1 5 t-ARTr RET CGLIP1 T Y 1999 REGISTER OF rc�;c COUNTY OF CARTERET 9'! ,V ,'- 2 17 TRIPS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made and entered into this the i-19—Aay of 1"--S7—, 1997, by and between MAR-STAL, a North Carolina general partnership, organized and existing under and by virtue of the laws of North Carolina, party of the first part; and PROSPECTIVE PURCHASERS of I the lots of Sand Ridge, Phase II, parties of the second part; I f W -I T N E S S E T H WHEREAS, the party of the first part is the owner of that certain subdivision known as Sand Ridge, Phase II, a map of which is recorded in Map Book 22 , Page jai_, in the office of the i Register of Deeds of Carteret County, and intends to convey said lots subject to the restrictive and protective covenants i hereinafter enumerated, which covenants are deemed to make said lots more desirable and to be for the benefit of all those persons who acquire title to any one or more of said lots to the end that such restrictive and protective covenants, conditions and easements, herein set out shall enure to the benefit of each person, firm, or corporation which may acquire a title to any or all of said lots and which shall be banding upon each person, firm, or corporation to who or which the party of the first part may hereafter convey any of said lots by deed, mortgage, deed of trust, or other instrument. NOW THEREFORE, for and in consideration of the premises, the party of the first part hereby covenants and agrees with the prospective purchasers that each of said lots of Sand Ridge, Phase II, as shown and delineated -on the map recorded in Map Book 29 , BOOK-.7c4 PAS q0 0 Page 124 , in the office of the Register of Deeds of Carteret County, is and shall be held, sold, and conveyed subject to the restrictive and protective covenants, conditions, and easements hereinafter set forth and said restrictive and protective covenants, conditions, and easements shall become a part of each instrument conveying any of said lots, as fully and to the same extent as if set forth therein. As a condition of the sale or conveyance of any of said lots, the purchasers agree and covenant to abide by and conform with said restrictive and protective covenants, conditions, and easements. THE RESTRICTIVE AND PROTECTIVE COVENANTS, CONDITIONS, AND EASEMENTS ARE AS FOLLOWS: 1. LOT. The "lot" as used herein shall mean the- parcels as depicted on the above mentioned map. 2. BUILDING TYPE: DWELLING. The word "dwelling" as used herein shall mean one (1) detached building designed for use as a single family residence. 3. LAND USE. Each lot shall be used for residential purposes only. Not more than one (1) dwelling may be erected or permitted or, remain on s lot. No wrecked or junked motor vehicle or vehicle without current license plates or truck larger than one ton shall be permitted to remain on a lot. 4. MOBILE HOMES. No mobile home may be placed or permitted to remain on a lot. 5. BUILDING QUALITY. All buildings or permissible structures erected on any lot shall be constructed of material of good grade, quality and appearance, and all construction shall be 2 l d BOOK PAGE F. W performed in a good and workmanlike manner. No outside alterations shall be made on any existing building which change or alter the architectural design of the existing building. No concrete blocks, ; except decorative screen blocks, shall be used on exterior walls above foundation elevation unless the same are covered with brick veneer, stone, or stucco. 6. STORAGE TANKS. Fuel oil tanks or other storage tanks shall be buried, placed in the basement of the dwelling house, or enclosed in such a manner as to create a harmonious blending of the st ructure with ,.he dwelling house constructed on each lot. 7. SIGNS. No sign of any kind shall be displayed to the i public view on any lot except one sign of not more than five square i feet advertising the property for sale or rent, or signs used by a f builder during the construction and sales period. i 8. COMBINATION OF LOTS. One owner of two or more adjoining lots or one owner of one lot and one half of one adjoining lot or both of the adjoining lots, or the owner of one half of one lot and adjoining one half of the adjoining lot, may construct a residential dwelling thereon upon and across the dividing line of such adjoining lots, or lot and adjoining one half lot, or two adjoining half lots so owned by one owner, so long as such residential dwelling shall not be nearer than ten feet to such owner's side lot line, and so long as any outbuilding shall not be nearer than eight feet from such owner's side lot line or ten feet from the rear lot line, but thereafter, no additional residential dwelling may be built thereon. In the event of such recombination or combination, any easements reserved along the interior lot lines which have been recombined and deleted, shall be withdrawn and 3 800K I d PArGL_LU -- shall not constitute an encumbrance on such lot and shall be reserved only along the perimeter boundary lines or the total lots or portions thereof so owned by the one owner. 9. DWELLING SIZE. Any dwelling erected upon any lot shall contain not less than 800 square feet of enclosed floor heated area. 10. SETBACK REQUIREMENTS. a. No dwelling shall be erected or permitted to remain on any lot nearer to any street than the setback line as shown on the recorded plat. b. No dwelling or other permissible structure shall be erected or permitted to remain nearer- than eight feet to any side or rear lot line. 11. ACCESSORY BUILDINGS. The only buildings other than a dwelling which shall be erected or permitted to remain on a lot shall be storage sheds and dog houses. The exterior of any such structure shall be constructed of the same type material as used in the construction of any dwelling located on said lot. 12. ANIMALS. No animals shall be permitted to remain on any lot other than dogs, cats, or other small household pets, always in reasonable numbers. No one family shall have more than two such pets. No permitted pets shall be allowed to roam at large on a lot. 13. DRAINAGE AND UTILITY EASEMENTS. In addition to such easements as are shown on the heretofore referenced plat recorded in Map Book 29, Page 124, the party of the first part reserves to itself, its successors and assigns, a five (5) foot drainage and ' utility easement parallel and adjacent to all lot lines of the 4 ,' rr 9a E3C10 64t p}'ia = `7 nwabered lots. 14. MAINTENANCE AND REPAIR OF PROPERTY. The exterior of any building located on a lot shall be maintained, repaired and kept in a neat and clean condition. IS. ENFORCEMEka. Enforcement of the provisions of this declaration shall be by a proceeding at law or an equity against any person or persons violating or attempting to violate any covenant or condition. Such action may be brought either to restrain violation of the covenant or condition or to recover damages for such violation. i 16. TiME. The covenants and conditions contained herein shall run with the land and be b4.nding on all persons acquiring title to any of the aforementioned numbered lots up to and i including the 24th day of July , 2007, at which time, said i covenants and conditions shall be automatically extended for successive periods of ten years. At any time, by written i instrument recorded in the office of the Register of Deeds, a majority of the owners of lots may change any of these covenants, f except paragraph 18, in whole or in part. 17. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way effect any of ' the other restrictions which shall remain in foil force and effect. i 18. STORMWATER RULES. Pursuant to North Carolina Division of Environmental Regulations, the allowable built upon area per lot shall not exceed 1950 square feet, inclusive of right i of way, structures, pavement, walkways or patios of brick, stone, � or slate, not including wood decking. It shall be the responsibility of the owner of each lot to maintain the drainage 5�� ,�A�� BOOF�_ PAGE !q� f P. 96 I area located within the boundary of their lot. The owner shall keep the drainage area, including any Swale or ditch located therein, free and clear of any and all obstructions or conditions which may adversely impact upon the drainage area, specifically, C the owner shall keep such area properly mowed and shall not cause Ior allow such area to be piped or filled in, excepting that the I installation of driveways shall be allowed. This covenant shall be i { binding on all parties and persons claiming under them, shall run f with the land, and the provisions herein may be enforced by the State of North Carolina. Therefore, this covenant cannot be changed or deleted without consent of the State of North Carolina. IN TESTIMONY WHEREOF, said party of the first part, MAR-STAL, a North Carolina general partnership, has hereunto set its hand and adopted as its seal the typewritten word "Seal" appearing beside its name, all done the day and year first above written. FRANK A. MARMAROSE, Partner f• JAMES M. STALLINGS, Partner 6 8Q0 L0 PAGF 1 4?0 11:4zW P.07 NORTH CAROLINA C me-- W COUNTY I, a Notary Public of the County and State aforesaid, certify that FRANK A. MARMAROSE, Partner, personally appeared before me this day and acknowledged the execution of the foregoing Finstrument_ Witness my hand and official stamp or seal, this /•� day of Aa- , 1997. 4la.. AG't E j A R }� fIA7 1 • p r NOTARY BL;C My Commission Expires: 9'7 t',p °'•••••'°IN ��' •` NORTH CAROLINA�'=-��1'.�,�t11�.03as�.J A-rPAI%E/\i COUNTY i k I, a Notary Public of the County and State aforesaid, certify that JAMES M. STALLINGS, Partner, personally appeared E before me this day and acknowledged the execution of the foregoing !� instrument. Witness my hand and official stamp or seal, this jo day of , 1997. My Commission Expires: NOTARY P I ..ev too •�• ro 7 600 �O� PAGE P070 F W SCHEDULE "A" i BEGINNING at an iron rod; said rod being located -North 32_38_36 West 771,27 feet, from! a Pik nail located at the intersection of the centerlines of Greystone Road and Bayberry Road. RUNNING THENCE, FROM SAID POINT AND PLACE OF BEGINNING, the followings courses and distances: along a. curve having an arc of 52.20 feet; a Radius of 41.8.34ifeet and a chord length of 5217 feet; thence continuing along said curve having ant arc of 86.35 feet; a radius of 418.34 feet and a chord length of 86.20 feet; thence continuing along said curve having arc of 13.07 feet; a radius of 418.34 feet and a chord length of 13.07 feet; thence North 38-05-00 East 603.00 feet; thence South 51-55-00 East 125.00 feet; thence South 1942-39 East 59.09 feet; thence South 51-55-00 East 92.50 feet; thence South 09-32-00 East 65.21 feet; thence South 41-112-40 West 438.99 feet; thence South 2649-00 East 12.22 feet; thence South 58-�, 1-00 West 118.94 feet to the point and place of beginning, containing 4.081 acres, more or less. Being the same property as shown on that certain survey entitled "survey for Britthaven of Newport, Inc." prepared by Robert H. Davis, RLS and mated October 2, 1997. TOTAL P.03 i —_ i3zs— i5�9 i 1 � �aa=ihi I NORTH CAROLINA CARTERET COUNTY The foregoing certificate(s) of P . 09 are 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 Carteret County, North Carolina, in Book Page �y This day of q &A .D., 1997, at ....., ... lt% �. 0 BOOK L 1 PAG. .1..l NORTH CAROLINA D CARTERET COUNTY SEP 1 3 .1994 D E M 1PRnj 0 AMENDMENT TO RESTRICTIVE COVENANTS SAND RIDGE, PHASE ONE , This Amendment to Restrictive,Covenants for Sand Ridge, Phase One, made. and entered into this 12th day of August , 1994 by MAR-STAL, a North Carolina general partnership organized and existing under and by virtue of the laws of.North Carolina and sole owner of the property, party of the first part; BOBBY J. STRICKLIN, as Trustee, and NATIONSBANK, a North Carolina banking corporation organized and existing under and by virtue of the laws of North Carolina, for their use and benefit and for the use and benefit of all future property owners in Sand Ridge, Phase One, as the same is identified in those certain maps or plats recorded in Map Book 28, at Pages 607-608, Carteret County Registry. WITNESSETH: That Whereas, the aforesaid party of the first part, being the sole property owner, desires to amend the existing Restrictive Covenants in order to comply with regulations set forth by the North Carolina Division of Environmental Management and in order to modify the Drainage and Utility Easements. Therefore, those Restrictive Covenants recorded in Book 736, at Page 477, Carteret County Registry are hereby modified and amended to read as follows: A. By deleting paragraph No. 13 as stated therein and inserting the following: BOOK �L PAGE r' 13. DRAINAGE AND UTILITY EASEMENTS. In addition to such easements as are shown on the heretofore referenced plat recorded in Map Book 28, Page 607-608, the party of the first part reserves to itself, its successors and assigns, a five (5) foot drainage and utility easement parallel and adjacent to all lot lines of the numbered lots. B. By inserting a new paragraph No. 18 which reads as follows: 18. STORMATER RULES. Pursuant to North Carolina Division of Environmental Management Regulations, the allowable built upon area per lot shall not exceed 1950 square feet, inclusive of right of way, structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking. It shall be the responsibility of the owner of each lot to maintain the drainage area located within the boundary of their lot. The owner shall keep the drainage area,. including any swale or ditch located therein, free and clear of any and all obstructions or conditions which may adversely impact upon the drainage area, specifically, the owner shall keep such area properly mowed and shall not cause or allow such area to be piped or filled in, excepting that the installation of driveways shall be allowed. This covenant shall be binding on all parties and persons claiming under them, shall run with the land, and the provisions herein may be enforced by the State of North P.1r17 �'� 3 Carolina. Therefore, this covenant cannot be changed or deleted without . nsent of the State of North Carolina. Except as stated in paragraph No. 18 above, this Amendment shall run with the land and shall bind and enure to the benefit of all owners of property in Sand Ridge, phase One, for so long as is provided by the terms and provision of those Restrictive 7 Covenants recorded in Book 736, at Page 477, Carteret County Registry. il IN TESTIMONY WHEREOF, FRANK A. MARMAROSE and JAMES M. STALLINGS, Jr., being the only partners of MAR-STAL and in their capacity as partners, have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their names, all done the day and year first above written, and the said BOBBY J. STRICKLIN, as Trustee, and NATIONSBANK have executed this instrument solely for the purpose of indicating their consent as lienholders'under that certain Deed of Trust recorded in Book 1387, Page 840 in Craven County Registry and in Book 722, Page 764, in Carteret County Registry. FRANK A. MA ROSE, Partner (SEAL) JA14E S M. STALL INS;-�Jr. , Partner r' BOBBY T ICKLIN, Trustee eao��l(� I — NATIONSBANK OF NORTH CAROLINA, N.A. SERA L, c President 00, ATTEST: i Secretary NORTH CAROLINA CARTERET COUNTY I, TERESA N. SMITH, a Notary Public of the County and State aforesaid, certify that FRANK A. MARMAROSE, Partner, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my and official stamp or seal, this th,��6 IV �! of August, 1994. Cj Nisoco I • NOTARY PUBLI My��+Siq r,i�dn�•Expires: January 16, 1996 NORTH CAROLINA CARTERET COUNTY I, TERESA N. SMITH, a Notary Public of the County and State aforesaid, certify that JAMES M. STALLINGS, Jr., Partner, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and j„ r+3 }' a off�ic�AL,ptamp or seal, S.%PUB4��'Cd this the 12th day of August, 1994. NOTARY PUBLI Expires: January 16, 1996 NORTH CAROLINA-. CARTERET COUNTY I, TERESA► N. SMITH, a Notary Public of the County and State aforesaid, certify that BOBBY J. STRICKLIN, iTrustee, personally appeared before me this dai and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, thi$,offt!['i h day of August, 1994. NOTARY = ` pV %G c, a �> NOTARY PUBLIC My Expires: Expires: January 16, 1994. NORTH CAROLINA f c i oe, COUNTY I,&-heri a Notary Public of the County and State aforesaid, certify that • Pfe ; At r2-- , personally appeared before me this day and acknowledged that he is A55f, Secretary of NATIONSBANK OF NORTH CAROLINA, N.A., a national banking association, and that by authority duly given and as an act of the banking association, the foregoing instrument was signed in its name by its S,U• President, sealed with its seal and attested by L as its 4557- Secretary. 6 PAGE 9 a Witness my hand and official stamp or seal, this the Y t 'day ,y//� ?f•+ , �• 1994. N ARY PUB 1 timmission Expires NORTH CAROLINA CARTERET COUNTY regoin 4 rtifica e(s) of are 6ertified 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 Carteret County, , Page M.. - This f o'clock day of L(� M. r f J Register of Deeds esst/bepuky Register of Deeds North Carolina, in Book A.D., 1994, at . Ly 800K l')`IC PAGE U-3 , _r r�� D STATE OF NORTH CAROLTNA SEP 1 9 1"4 COUNTY OF CARTERET D E M a 1) 100 (p THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COMANTS, made and -ernterid into this the.,r(J day of may by and hetwbd MAR-STAL, s NOrth Carolina 90nar4l Partnership, orgraniaed AM existing under and by vJitue of tba Id i of Carolina, Wty' of the first part! BQSSy ,7. s' RICKL3N, as Trustee for' Nationsbank, a North Carolina banking corpoiatrian, or enized and existing undier and by virtue of the lawe of North CIrolitI&I and PROSPECTIVE PURCHASERS of the tote of DA'Ad Ridg4l Section I, parties of the second Part; WMXREAS, the Part Y of tfi* first ,part is the Owner, of that certain subdivision known as Sand Midge, Section I, a Md� of which !a reco.rdpd, in dap L14ok Pega4C.�.a in the office of the Register of Deeds of Carteret County, and intends to convey said Iota subject to thw restrictive End pratectr v• ct�venenta hereinRft;er enumerated, which covenant $ are deemedrndke said Iota more desirable and to ba for L he bafFa fit of 411 those persons Who acquire title to any One or more of said Sots to 4i1e attci that such restr'icLiva and protective CovOnanLd, conditions and 0469ments, herein sat nut shall enure to the beilofit of each, person, firm, or corporation which may acquirt a title to any or All of said lots and which shall be binding ►:porgy each person; firm, or corporation to who or which tho Party Of the first pArt may hereattor convoy any of said iota by dead, 1110z•tga,Sre, deed Qf trctst, or ahh kr i n' strumcnt . Fax : 223-5499 Sep 09 09:22 ,FROM : DONPLD q-LAWRENQE ATTORNEY PHQNE NO. : y1y 44 r ,cave. I NQW THEREFQRE, for and ,in oonaloor'ation .9i that prOX44as, ;the party of the first Part hereby Covensnta and •qcireee with the prospsctive purchasers that each oX sold y s 'ot SADO: Ridge, SsctiOn I, aS shown and dolitmAted on the mop re�C4gd+�d 4a MAP Hpok i Page ... , in the office of the Regloter Vf O$eds og Car'taret 'Co4ntA,, is 4nei @hail be hel,44 sold, and Qorveylyd_ �. jeyC. to thei reetr4ctivo and. protacti,ve covonanta, aondlC ,o,n , and 606:ements herei naftor set forth wind said, restr�ctive and protective covenants, Conditions, and oasexaAts shall, beogme a part of each instruma,nt conveying any oir' void lots, as fully and to the $&M6 extent as if sat forth therein. As a condition of the male or avnveyance of any of swim lots, the purchaaery agree anO covon*nt to abide by and Conform with said roetrlgtive 4nd protavtiva COvdnOntg, tgn44t! enA, and easements. Tpr R>C TRICTIV� AII�i�'PRd''F,CT1V COVENAN't'St EASEMENTS ARE AS FOLLOWS; 1. I=. The "lot" so used herein ahs11 mean the. Parcels a@ dSPicted on the above► mentioned mad+. 2. 2UQj2-j4Q.TYPI bW≪,NQ. The Word "dwel;449" 46 used herein shall mean one (i) oateohod bui.iosag de@lg;icd for uae a@ � single family residence. 3. J469D USX. Each IQL shall be used gor raoideatlail purposes only. Not more than oAe (1) dwelling quay be erected or permitted or remains on a lob. 'No wrecked or junXed mol.or vehicle or vehlalo without current license plate* or truck largor than one 2 FROM : DoNALD G1 LAWRLNCE ATTORNEY PHONE NO. : 919 447 369-Z Pat ton shall be permitted to remain on a lot. . NORi 0a mob"! * home maybe 01aced ox permitted to remain on a lot. LD Y. 3L_�N�° U 'YT�� Ali buildings or p*rMias.ibie strucxturei aracted on any lot shall be constructed of material of good grade, duality and appearance, and Oil aonotruation ghall be performed in s gpad and workmanlike mandsr. No ;.Ciutsido ail tdracioni Shall -be made an any existing 'buildino which chi�nq' * or Alter the architeatural design of thin existing building. No conc.,eite bxoeka, except decorative screen block#, shall be used on exterior walla above founda*ion e14vation unless the game are covered with briok veneer, stone, or stucco. $ . STO-RA91.. T. AE — F%i,61 oLi tanits or oih-e r atoin-ye t�rr�ko shall bs bdriod, gl*ced in the basement of the dwdilJiiq house, or enclosed is such a manner as to create a harmoixiolii: > 9;afn+ding of tfie structure with the dwelling hou�a aonstruoted on eaitYi for, 7. SS Ns. Ko sign of any kind ohall be disolaycd to the public view on any lot except onia sign of not more than 11,ve sgi4are feet advertising the property for sale or rent, o diyna used b. a builder during the construction and ea;es Period. 8 • TUTION OF 1,OT3 . One owner of two or more adjoining 10ts or one owner of one lot and oris half of aria adjoining 16t or both of the adjoining lots, or the owner of one half of one lot and adjoining one half of the adjoining lot, may construct a residential dwelling thereon upon and acraeg the dividin4 line of such ad joining lots, or lot and e,d,j6liU69 ono halt 3 14t, 4r twa 4djoining h4I9 lots do owned by one owasr, ace long as such rosidsntial dwelling ohall ring be a4arer than snit jwet to such � Owner's i#de lot line, and so long as any vut.bQijdinq ohdll not be nearer than laight faa,, 24. �.r eucr o�rrter,'s side lot line or ton fg#t from the rear lot line, but thereafter, no additional r+s#L4*4ti4l �wellinq may be built thereon. %A the event of such reoombli:hti:t�n or oombinamic,Kk Any eAsemerts resorved along the interiot lot limes which have been recombined and deleted,' shall be withdrawn and shall 'not idons.titute an encumbrance on much- la►. and shall be reserved only along the Perimeter boundary lines of the total lot* or portions thQrQ0f RO owned by the one ownor, ; s • ' MILLING SIZE. Any dwelling •rotted upon any lot, eholl .oantAift not loss than 800 square feet, of enclosed floor heated area. 10. S=RhCx REDU T. EMENTS. A. No dwellingj shall be erected or permltted to remain on Kay lot nearer to any street than the setback line as shown on 'thee recorded prat;; b, No dwelling or'other pertrissible atruhtgea ghall be erected or permitted to remain nearer than eight feet to any side or rear lot line, �' ' • arms 6.29SX,�@ TwnS, The only buildings other ripen 0 dwelling which shall be erected or permitted to remain Ott m 10C shall be storage sheds and dog houses. The exterior of any sutth itructuro shall be constructed of the same type material as used in the conatrudtion of any dwelling locetod on said lot, 4 1•r�e ��/�•• .0 1a �grrlw,4�wwY rax � z��-��►q� ;;ep �� �q : z I 1. �.. No animals shaail be permitted to remain oas any lot other -thaan doge, cats, or other ,small household pets, always in reasonable numbers. NO one,family shalt► have more than Ii two ouch pets. No permitted pats shall be allowed to roam at large on a lot.. MASEMENTs . The party of the first part relerver to itself, its su'ecessors and assigns, a , fifteen foot'' drainage And utility iaaemont aalvng -all rear lot line*-, all side lot lines and front lot 11n'se of the nu;tbered-, lots . it *hail be the responsibility of the owner bf eac4 lot to maint^K n I the drsinagp'arwaa located within th♦ boundary of their lot, The, owr 6V shall keep the drainage area, including any swa►l,e or ditch locatsd !therOin, fr+o• and clear of any and all Qbotructions or Conditions which may adversely impact upon the drainage area, specifically, the owner shall keep such area properly snowed and shall not cause or allow such area to be filled in. 14. MA_1NTENA14CE AND it F IR OF PROPERTY. The exterior of any building located on a lot !shall be maintained, repaired and kdpt in a neat and Cleain condition. r IS. Q,BQMZjjT. Snforupiftent of the pz-oviaione of this. declaration shall be by at proceeding at law or an equity against any person or peroona violating or attempting to violate any Covenant or c*slditlon. Such action may be wrought eithor to restrain v.lalatioia or the Cov6naa4t or condition or to recover damages for ouch violation. 16. -TA_MA. The covenanto and conditions oonea rood herein s shall run. with the land and be binding on all persons acquiring title to' any of ' the aforementioned numbered late rap to an4 I iac3.udi, g the 20TH day o : MAY , 2004,, at- which time+. said covenants and conditions shall be automatically extended.for successive periods of ton years. At any time, by written. instrument radorded in the off ice of the Register pf OeedR, a , I y• majority of that owners of late may change any covenants in whole or in part. 17. 6231AZABILM. InvalideatJon of any one of ;these I eavenants by judgment or court order shall in no way sff4ct any of the other restrictions which shall remain in full. fvrae 'and OffOct. :i IN I TESTIMONY WHEREOF, said party of the first part, XAX- STAL, a North Caroline general partnership, has hereunto set its hand and adopted as its seal the typewritten word "Seal" appearing beside its name, all done the day and year f i riots above writtan, and the said BOBBY J. STRICKLIN, as Triaotes, and Nationsbank executed this instrument nollely for the purpose of indicating their consent as lienholders under that certain need of Trust recorded in Took 1387, Page 840, Craven County Registry and in Book'722, Page 764, Carteret County Rugist ry. .100 04 Mrs r r+�r� FRMK A. MARMAROSE, Partner 6 BOBBY J. !C'C IN, Trustee NAT:ONSBANK OF NORTH CAROLINA 1+ •n oil It President T, 444 ....... 4t-L, ,' •' ; x..� . ' Secretary SEAL -STAMP NORTH CAROLINA 1 COUNTY �r a Notary Public of ' the County and Stater aforesaid, certify that FRANK A. 14ARMAROSE, Partner, Personally appeared before,,.,." ►,,.and acknowledged the execution of the foregoing inst}� nera.t7�, 4*):'4,00•4 my hand and official stamp or seal, this 1994. r•a My Commission Lxpi reR:_. NORTH C LINA iJ COUNTY I, a Notary Publ�c of the County and State aforeeaid, Certify that JAMES M. STALLINGS, Partner, personally appeared 6 rax ; zzo-oq�f� I e before me this d#y and acknowledged the'execution of the!foregoiAj; instrument. witness my hand and Official stamp or seal, this g 00MA A41 oo . , i. �•• • °• 'AA My Comm M 4 1 / !..' .. —V 7 NORTH CAROLINA CRAVEN COUNTY a Notary Public of the County and state e,fcrosaid, Carti,fy, that Bossy j. RTRIC�L=N, Trustee, personally appeared before me this day and acknowledged the execution of the fore in BO 9� Lnotrument. Witness my hand and official stamp or saa,t, ti>3i• day of ...r.r 1994. �,...••,,,,�� !ram r� �wl�`,��,. CTAI rr r NOTARY PUB I ���Jfi i1.1iNi NCRXH CAROL I NA COUNTY I, a Notary public of the County and State aforesaid, certify that+iC1er �, ,MLL~�..� �►�+ . persvnaily appeared .�.4.-SAeb..,._.._�, before mo this clay and acknowledged t1lat �ha is Secretary of NATIONSSANK OF NORTH CAROLINA, N.A., a nationsl banking association, and that by authority duly givon end as an act of the banking association, the foregoing instx'umont was signod in 8 !9 :"1� . , , 6119e) Fax . 223-5499 Sep 09 09:31 it• nerst• by its Providont, e641vd with its4#41 and atteatid by. -I as its 4 secretary, ' W4tA00a my ;. h&nd "d off I c1"I a« ...., sea' , ..azQp �r , this the day of 1994. Nr�t ry ]�ublio iseior,; Upiroo i NORTH CAROI, I NA CARTERET COUNTY m The foregoing aer-tifica►te(e) c� r `. ,f are certified to be correct, 'ship instrument 'was prose'ox$d 46.r registration this day an4 hour and duly rocorded in the Office of the Register of Deeds of Carteret county, North Carolina, in gook 2114 1 Page LIi L-- day of jQIjd ..A.D., 1994, at o'clock .M. Regis or of needs1 �rs ,Ao�CID Uty Rec�ioxea� of Deeds 9 FROM DONALD G LAWRENCE ATTORNEY PHONE NO. 919 447 3692 Pei l I I i NORTH CARQIOZNh j CARTERET COUNTY V y i' AMENDMENT TO RESTRICTIVE COVOKA.NTS SAND R160$1 PHASE ONE �i MO Amendment to Restrictive Covenants for Sand R44goj ` Phase One, mace and entered into this iW�,. z,.. h,.. day of IEEa by MAR- TAL, a North Caroj, na gwnerel - pjrtp*rght-jp opgr}�xicp ' and Axisting under and by virtue of the laws of Worth Carglinat and � l $010 owner of the property, party of the first part f BOBBY J. � STRTCKLTN, as Trustee, and NATIONSBANK., a North Cgrgl. pq bonkag � corporattgn organised and •acisting under and by virtue cif the laws ii of North Carolina, for their use and benefit anti 19V the u,oe qAd benefit of all future property owners in Sf!ancj Ridel Pkase one, 49 the sage is identified in those certain maps or p� #ate Toggpded in � ;i Map Sock 28, at PAgiaa 607-608, Carteret County Registry. WITNESS ETH: That Whereas, the aforesaid party of the first part, I being the +dole property owner, desire$ to amwid the existing Reotrioti,ve Covonante in order to comply with regulations set forth � by the North Carolina Division of Environmental r4onogoment 4md in order to modify the Drainage and Utility laqema aGs, Therefore, the** Reatricativo Cvvonants recorded in Book 736, at Page 477, Carteret County Registry are hereby modified and � amended to read as fellows: A. By deleting paragraph No. 13 as atatad :,hox•ala and i !; inserting the following: 13.ULLINAG& JUDI UTILIOPX SASOMON29. In addition to such easements me are shown on the heretofore referenced Plat recorded in Map acre � � Pd ti �., qt�, . the f ir.at part reserve* to i.taalf, its succesnsore and atesign9, '; a five (5) foot drainage and atility easement parallel'jand adjacent to all lot limas of the AUlubated loth. R. By inserting a new paragraph No. 16 which toode etc follows: 'i is. ITORMTR RUB. Pursuant to North Carolina Divigion of Environmental Management Regulations, the allowable built upon area per lot shall f not exceed 1950 square feet, incluaive of right of way, structures, pfavoment, w*lkwaya or patios of brink, store, ,i or slate, -not including wood docking. It shall be the r� responsibility of the owner of each lot to maintain the drainage area located within the boundary of their lot. The owner shall koop the drainage area, including any *wale or ditch located 6heraiat free and clear of any and i all obstructions or conditions which may advercelk impact upon the . drainage area, specifically, the ownar shall i keep such area properly mowed and shall nat dax6a or .r allow such area to be piped or filled in, excepting that j: the installation of driveways shall be atllQwesd. This covenant, shall be binding on all parties and persons claiming under them, shall run with the land, and the proviniona horoin may be enforced by the State of North ff r ,t I 1 rdX ; ZZ3-:3499 FROM DONALD G.LAWRENCE ATTDRNSY PHONE NO, 919 447 3692 i, Uep 09 09;00 Carolina. Therefore, this covenant cannot be chasino6d Off` Pon. deleted without - 166nt of :the States dt North CBr'olihk. I s` I Ekcept as steited in paragraph No. 18 above; this � Amendment sepal run with the land and sh 11 bind and enu' :�r to the I ' benefit of all.: gwners of property In Sand Ridge, Phase lone;, for so ' long as is provided by the terms and proviiblon of thbeo R*o�rricfive Covonantss recorded In Book 736, at page 477, Cart6ret Pounty • I i Registry. IN TESTIMONY WHEREOF, P'RANX A. -MA M-AR08Z and .TAMES X, ' STALZ TNGS, Jr. , being the only partner$ of MAR-STAL Aid ih their i; capacity as partners, have hereunto not their hands and a4bgsted as their oerxlb the typewritten word ''SEAL" appearing beside their • i names, all done the day and year first above written, gird the said $DRAY J. GTRICKLIN, an Trusatesei, and NATIONSSAA have axtbAt4d this instrument solely for the purpose of .indicating thoit rams Ent 64 �s lie>nholders under that certain Dead of trust recorded in Bdok 1307, I; Page 840 in Craven County Registry and In gook 722, Pates 764; in. Carteret County Regietry. � •s 100 i '"'7[ ' - EAL ) PRANK A. MA� ROSE, Parth6t 4a, A _"e� (SIEAL) E6 M. STALLT r., Pertitier Pruatcc Fax : 23-5499 Sep 09 09:35 NATTQN0AblIt OF NORTH +�ROLII,h, *,A. i A By. . . President ATTEST: i �. Secretary � NORTH CAROLINA ! CARTERET CbUNTY i I, TZRRSA N. SMITH, a Notary Public of the County and State � aforesaid, gertify that FRANX A. MARMAROSI, partner, personally appeared before m• this day and acknowledged the exeoutlon of the foregoing Inatrument. Witness my And official stamp or ai�Al, this tih!i of August, 1994. 7/1 `VV1rMr , ., _ 0 CRY E��fAL,I i; MY � i� , d`n Expires: January 1is ► I996 NORTH CAROLINA CARTERST COUNTY I, TERESA N. SMITH, a Notary Public of the County end state aforesaid, Certify that JAMES M. STAILLZNQB, Jr., z�artn,sr, personally appeared before me this day and �tphtow�,edged the ±; execution of the foregoing instrumoc1t. Witness my hand avid . I I I I I i I FROM : DONALD G LWWRENCE ATTORNEY PHONE N0. : 919 447 3692 i 0ff1,0AL, tamp or seal, this the 12th day of Augue+` 1994. ' %LWA ` t NOTARY PUBLIC . Xxpireas January 16, 1996 but NORTH CAROLINA CARTERET COUNTY I 1 Pa 'I, TER.ESA N. SMITH, a Notary Public of the County and state �I aforesaid, gertify that Boggy J. STRICXLIN, Trustee, pera*nallx' appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official, stamp or seal, day of August, 1994. Ny'�",IAA�pl1" Expires NOR H CAROLINA NOTARY PUBLIC January 16, 1994. �+ COUNTY i I I i, a Notary Public Lei of the County and State aforesaid, certify that � ,�? personally appeared before me 111 this day and acknowledged that —he is Assi4, secretary of NATIONSBANK OF NORTH CAROLINA, N.A., a national banking a� association,, and that. by authority duly given and as an 'act of the � ,: banking association, this foregoing inatrumont. Was signed in its + name by its li Proeideat, sealed with its seal and dttostsd by ae its '�. , Secretary. LJ4WKMM-0 H I I UXNdY PK3NE NO. : 919 447 3692 my hand and officia"i Dump* or 4*411.1 .0".1 X k"I ifiii ihi Gil S A'j a I HfYARY pn a I' vion "Expirem. ht NORTK CAROLINA CARTERET COUNTY Le T 0 regoing tificay a of (OX,l.u.a. are Pertified to be correct This instrU'ftnt Was presented for — registration this day and hour and duly recorded in the Offloe Of. i: the Reginter, of Dead* of Carteret county, N6ith Carolina, in' Soak 114Ai 44 1 This -K day of A.D., 1904, ki o'clock M. Register of V"dv GqfifteirQf Deeds - BOOK-2