Loading...
HomeMy WebLinkAboutSW8131212_Current Permit_20140123ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvada, III, Secretary January 23, 2014 Mr. R. Harold Chappell, Manager Carter/Chappell, LLC 1119A Military Cutoff Road Wilmington, NC 28405 Subject: Stormwater Permit No. SW8131212 The Cottages at Mariner's Pointe Low Density Subdivision Brunswick County Dear Mr. Chappell Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit references DEMLR as the Division responsible for issuance of the permit The Wilmington Regional Office received a complete Stormwater Management Permit . Application for The Cottages at Mariner's Pointe on December 19, 2013. Staff review of the plans and speciiicaiions 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 131212 dated January 23, 2014, for the construction and maintenance of the built -upon areas and stormwater management systems associated with the subject project. This new permit is being issued to address the following issues found in the original permit (SW8 021215) that covered these lots. Changes covered by this permit include: This new permit covers the 46 lots in The Cottages at Mariners Pointe. Originally, Bill Clark Homes of Wilmington, LLC purchased some of the permitted lots in The Village at Mariner's Pointe (formerly Sweet Bay Village) from Fred Hathaway and desired to connect the subdivision with the adjacent Mariners Pointe subdivision by relocating a portion of Cherry Laurel Drive and eliminating a net of 2 lots. To accomplish this, the permit which covered all of the lots in The Village at Mariners Pointe was modified and transferred to Bill Clark Homes of Wilmington, LLC. It was later discovered that Fred Hathaway still retained ownership of 45 of the lots and had transferred the declarant rights and those 45 lots to Carter -Chappell, LLC in 2008, for the development of The Cottages at Mariners Pointe. Carter -Chappell then replatted this portion of the subdivision, changed the road layout (minor) and added another lot. This meant that Carter -Chappell now owned undeveloped lots in the subdivision and needed a permit in order to develop the lots. Therefore the overall permitted lot BUA originally allowed under the April 13, 2006 permit modification issued under SW8 021215 will now be split between this new permit (SW8131212) issued to Carter/Chappell, LLC and the modified SW8 021215 permit retained by Bill Clark Homes of Wilmington, LLC. The maximum lot BUA approved for The Cottages at Mariner's Pointe is based on dividing up the 2,645 sf BUA allocation for the original 45 permitted lots (119,025 so between 46 lots, resulting in a new, permitted maximum BUA of 2,587 sf per lot. 2. Lots 33-75 and Lots 135-137 as shown on the approved plan are subject to this permit. 3. The approved plan set is comprised of the plat recorded on December 3, 2008, in Map Cabinet 56 at Page 33 depicting lot numbers and layout; and those previously approved plans for SW8 021215, stamped April 13, 2006, for reference only to the approved grading, and to the road and swale details. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004 State Stormwater Management Systems Permit No.SW8 131212 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 supersede any other agency permit that may be required. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the project, procedures for changing ownership, and transferring the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to certify the project or to transfer the permit in a timely manner, 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 by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. 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 at (910) 796-7215. Sinc ely, Tracy E. Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:1WQ1SharedlStormwateAPermits & Projects120131131212 LD12014 01 permit 131212 cc: Edward H. Clark, Bill Clark Homes of Wilmington, LLC Brunswick County Building Inspections NCDOT Division Engineer Wilmington Regional Office Page 2 of 6 State Stormwater Management Systems Permit No.SW8 131212 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW 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 Carter -Chappell, LLC The Cottages at Mariner's Pointe Oakcrest Drive at Sea Pines Drive off NC 133, Southport, Brunswick County FOR THE construction, operation and maintenance of a 30% low density subdivision 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 DEMLR and considered a part of t. is permit for The Cottages at Mariner's Pointe. 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 Each of the 46 lots is limited to a maximum of 2,587 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentagge for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. The size of the overall tract is 36.33 acres which encompasses The Village at Mariner's Pointe and the Cottages at Mariner's Pointe. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. II. SCHEDULE OF COMPLIANCE 1. Swales 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. Page 3 of 6 State Stormwater Management Systems Permit No.SW8 131212 2. During construction, erosion shall be kept to a minimum and any eroded areas of 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. 4. 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. Recorded deed restrictions must include, as 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 SW8 131212, as issued by the Division Energy, Mineral and Land Resources 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. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 2,587 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 5. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 6 State Stormwater Management Systems Permit No.SW8 131212 9. The permittee shall review all proposed lot plans, and subsequent additions and modifications thereto, for compliance with the terms and condition of this permit, and the recorded declaration of restrictive covenants. The plans reviewed must include all proposed built -upon area (BUA), existing and proposed conveyances, and grading. No approvals shall be granted to any lot if such construction shall cause a noncompliance with the terms and conditions of this permit. 10. The permittee is responsible for the routine monitoring of the project to verify that the built -upon area does not exceed the maximum allowed built -upon area under this permit. The permittee shall notify any lot owners that are found to be in noncompliance with the terms and conditions of this permit and/or with the recorded declaration of covenants and restrictions in writing. The permittee shall require remediation from the lot owner within a reasonable time frame, and shall follow-up with the lot owner to assure that the noncompliance has been properly abated. 11. The lot owner is responsible for maintaining compliance with the maximum BUA limit as indicated in this permit and as recorded in the declaration of covenants and restrictions for the subdivision. 12. The maximum allowed built -upon area for any lot may not be increased, decreased or reassigned to another lot unless and until a permit modification has been approved by the Division. 13. Within 30 days of constructing the project's infrastructure, roads and swales, the permittee shall provide written certification for the project, that the project's stormwater management system 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. 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. 15. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, grading, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. c. Further subdivision, acquisition, or selling of the project area. d. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 16. The Director may determine that other revisions to the project should require a modification to the permit. 17. All stormwater conveyances must be located in a public right-of-way, dedicated common area, or a drainage easement. The final plats for the project must be recorded showing all such rights -of -way, common areas and easements in accordance with the approved plans. Page 5 of 6 State Stormwater Management Systems Permit No.SW8 131212 111. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the terms and conditions of a stormwater management permit or the stormwater rules is subject to enforcement procedures in accordance with North Carolina General Statute 143 Article 21. 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. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all permit conditions until such time as the Director approves a request to transfer the permit. 7. 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. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and its components. Permit modified and reissued this the 23rd day of January 2014. NO H CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION tTracy E. avis, P.E., Director vision of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 131212 Page 6 of 6 _ DEMLR USE ONLY Date Received Fee Paid - Applicable Rules: 0 Coastal SW - f"995 ❑ Coastal SW - 2008 0 Ph 11- Post Construction (select all that apply) ❑ Non -Coastal SW- I-IQW/ORW Waters ❑ Universal Stormtwater Management flan 0 Other WO Memt Plan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources E(; E IV F STGRMWATER MANAGEMENT PERMIT APPLICATID io'RK9 a��3 This fCwn racy 1v photocopied jitr ttse as an original 1. GENFRAL INFORMATION BY: L 1'roje4:t Name (subdivision, facility, or establishment name - should be consistent with project name on plans, 4�l'CltlE'ati4111ti, .lE'ttE'rti, operation and maintenance agreements, etc.): The Cottages at Mariners Point 2. Location of Project (street address): Adjacent to Sea :ines Subdivision - Oakerest Drive off 133 near Southport city:sniititvillg _ _ County:Brunswick _ Yip 284C,1 3. 1)irc-ctions to project (from nearest major intersection): From the intersection of NC 1-Irvy 211 and NC I Iw , 133 (Long Beach Road) travel south on 133 for approximately 3/4 miles to Sea Pines Drive. 'Turn right an Sea Pines Left on 4tt, Street and ffc,Ilow 4u4 Street to the end. 4. Latitude:0,1,1° 56' 00" N Longitude:780QT 000" W of the main entrance to the project. II. PERMIT INFORMATION: I.a. Specify ►r wther project is (check one): ®New [Modification ❑ Renewal w/ Modification, tReneraals crith tttodifccations idsd n-quires tit V-11-102 •- Retiezeat Applif•rttion I'tnnr b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numbrrSVlt8 021215 , its issue date (if known)A ril 13 2006 , and the status of construction: []Not Started ❑Partially Completed* ® Completed* *1wevide a designer's c ertilt`eation 2. Specify the type of project (check one): 01-o ° 13ensi y ❑I iigh l ensit_v ❑Drains to an O site Stormwater System [JOther 3. If this application is being submitted as the result of a previously returned application or a letter from DEMIX requesting a state stormwater management permit application, list the stormwater project number, if assigned, n/a and the previous natne of the project, if different than currently proposed,- 4. a. Additional Project RexluiremenIs (check applicable blanks; information on required state permits can be obtained 1w contacting the Customer Service Center at I-877/-Q3-6748): []LAMA Major ❑Sedimentation/Erosion Control: - ac of Disturbed Area i—hlhi ' : :::IA rlal ter- . ar t 4141, t e .Il t �. �)..-. I 1 t ti E I ti':1 E. 3'�tl. � �� l'c.rtriSt. � rl)pU;+rtl.liul�alC:�.. t_ b.If any of these permit`: have already been acquired please* provide they Project Name, Project/Pon-nit Nut ix-r, issue. date and the type of each permit:SWS 021215 5. is the proie4::t located within , miles of a public airport? [:]No ®Yes If yes, see S.L. 2012-1-00, Part Vl: http:Hl2ortal.ncdonr.orgi%%!E a,llr!r es- t t � rr?;;1110riejns Fonn SW i-101 Version Oct. 31, 2013 Page I of 6 Ill. CONTACT INFORMATION 1. a.Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the lroject): Applicant/Organization:Carter/Chappell. LLC Signing Official & Title:l larold Chappell, member/ mans er _ b.C'ontact information for person listed in item 1a above: Street Address:1119 A Military Cut Off Road v Citv:Wilmineton State:NC Zip:284- 05 Mailing Address ff applicnhle):same City-- _ State: Zip: Phone: (910-512-1948 ) lax: 910-344-0195 -�-�- Email:haroldcfilrwcfnc.com c•. Please check the appropriate box. The applicant listed above is: Z The property owner (Skip to Contact Information, item 3a) ❑ l,esses.!n (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:Carter/Chapel) LLC Signing 01*11cial & "t ilea'. I_larold Chappell, member mana E, �r b.Contact information for person listed in item 2a above: Street Address:1119A Military Cut Off Road City:Wilmins toll Statv:NC Zip:28405 Mailing Address (if applicable):same City:-- _ — State: Zip: Phone: ( Fax: ( ) Cmail:haroldc@rwcfnc.com 3. a. (Optional) Print they name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organiza Signing Official & Title:, b.C:ont•act information for person listed in item 3a above: Mailing DEC 19 2013 Citv: States: 7..ipn- Phone: ) Fax: Email: 4. Locat jurisdiction for building permits: Brunswick County Point of Contact: Phone #: Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarise how the storm water runoff will he treated. stormwater collects and routes through vegetated roadside swales, providing sediment and pollutant removal 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW .- 1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape fear River basin. A. Total Property Area: 10.23 acres 5. Total Coastal Wetlands Area: 0 _acres 6. Total Surface Water Area::0_ acres 7. 'Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area': 16.23 acres Total project area shall be calculated to exclude the following: the normal 7001 of impounded structures, the area between lhe' Hanks of streams and rivers, the area heloza the kornial High kater (Nl-. VV) line or Mean High Water (tv[PI I) line, and coastal zoetlands landward front the NHW (or MH4�9 line. The resultant project area rs used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward cf the NNW (orMHW) line may lie included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24 _ 9. 1-low many drainage areas does the project have?7 (For high deusih/, rount ].for each proposed engineered slornrcoater 13M1'. Fcir Icnu de�tzsity and Duffer projects, use 7 feir tl,e zolic property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area _ Drainage :Area _ Drainage Area Drainage Area Receiving Stream Name _ Calf Gulley Creek Stream Class * SC, SW HQW Stream Index Number" 18-88-9-3-3-1 Total Drainage Area (so 445,619 On -site Drainage Area (st) 445,619 Off -site Urainage Area (sf) 0 Proposed Impervious Area"* s —"-,-4rft4 i o Impervious Area** total 35,1 ~� Impervious" Surface Area Drainage Area Drainage Area Drainaire Area Drainage Area On -site Buildings/Lots (So 46 a 2587 sf 119, 0 tht-site tit-ects (sf) 37,462 -� On -site Parking (sf) 0 On -sits: Sidewalks (sl) 0 Other on -site (sf) 0 Future (sl) 0 Ir Oft -site (SO _ o lixisting GUA*** (sf) 0 BY: Toted (st): 156, ;;trcrurt ('fuss rutil Index Nuttrber ran He deter►rrined at: h�•l r rrl.tt'r. en r4/rc r}hfrc?,1 'w/r:1rj, I, ;(lrr a b i. t hn�� mtons urea is deflized its the litrilt upon area inrliirting, but not limited to, buildings, roads, parking areas, 4lrteroulk , gravel iveits, etc. 1"C'nix SWU-101 Version Oct. 31, 2013 Pate 3 of 6 °''y' Deport only that nmomit t?f existing BUA that will remain after development. Do not report nail existing BUA that is to Ik! removed and which will Ire replaced by nc-to BLIA. 11. 1 low was the off -site impervious area listed alcove determined? Provide documentation. N/A ��_ Proieets in Union Countv: Contact DEAMR Central 0111ce steif to chef:* if the project is located ivithin a Hireatent'd & E►rdetngered Species ►vctter:shed that nut►> he subject to nrore stringent stornt►vater requircrttents as per 11o1 NCAC 0 B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement anti operation and maintenance (O&M) forms must lit submitted for each BMP specified for this project. The latest versions of the forms can lxz downloaded from lntt : ,orta.l.ncdenr.oi•g web/wq/nws/su/brnp-mtanual. Vl. SUBMiTTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from htti:,/Ipoi-i-aI.ncdenr.or,,Y/wel?�tw&l/ws/su/st,it(-sw/forms doc, . The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the: interactive online map at littaILL,-,loi-tal.ncdenr.ors!/,,veb/wLi/ws/sutimins.) Please indicate that the following required information have been provided by initialise in tine space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from litt : . ortnl.ncdenr.or r Vic�1�L►a �G�v/sttf (akc�!:4vj.f �'1t1i<.�tlt�t_r.. Initials 1. Original and one coley of the Stormwater Management Permit Application Form. _ 2. Original and otter copy of the signed and notarized Deed -R strictions & Protective Covenants Dorm. ({f required as per fart V11 Imlotn) � 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(-,) for each BMP. •1. Permit application processing tee of $505 pavable to NCI)FNR. (Fur an Express review, refer to httk;/f www.en.y1ielP.or /no ens/onestonexpress.html for information on the J...xpress program anti the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) e' J 5. A detailed narrative (one to two pages) describing the stY,)rmwater treatment/management for the project. ']'his is rLxluired in addition to the brief summary provided in the Project Information, item 'L o. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within !,i mile of the site boundary, include the'rz mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans forced to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f, Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NI 1W line of tidal winters, and any coastal wetlands landward of the MI1W or NEIIV lines. �'� F I V E Delineate the vegetated buffer landward from they normal pout elevation of i s n bTtilt c structures, the hanks of streams or rivers, and the• M11W (ter NNW) t►f tidal ''ter 'DEC 19 2013 i. Dimensioned property/project boundary with livorin,gs & distances. j. Site Layout withal[ BUA identified and dimensioned. k. Existing; contours, proposed contours, spot elevations, finished floor elevations. lly. 1. [)etails of roads, drainage features, collection systems, and stormwater control measures. in. Wetlands delineated, or it note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications anti identify the person who made the determination on the plans. I•onn S WU-101 Version Oct. 31. 2013 Page 4 of 6 n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHW'I' elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and Loring logs. Include an 8.5"xl I" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMI's, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate:. (Infiltration Devices submitted to WiRO: Schedule a site visitfir DEMUR to v erilhj the S1114,"I' prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: Page No: 11. hor corporations and limited liability corporations (LLC): Provide documentation from the NC Secrertary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC ` vcwtary of State, otherwise the application will be returned. htt.,//ww w.sec retary.state.nc.us/Corporations/ CSea rch.asi2x ViI. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants tire required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed 13LIA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from htt : Portal.nccien,___ r ory wel-ilI forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed resirictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, 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 NC DEMLR, and that they will be recorded prior to the sale of any lot. Vlll. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete: this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting EngineerYbillip G. 'Tripp, PE _ Consulting Firm: Tripp Engineering Mailing Address:419 Chestnut Street t'ity.wiloun -on Phone: 91( 0 ) 763-5100 Email: CCjof State:NC Zip:28401 Fax: ( 1 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been felled cart, complete this section) I, (print or type ncnne of person listed in Contact Information, item 2a) _ ^_ certify that 1' own the property identified in this permit application, and thus give* permission to (}print or hijpe comic of person listed in Contort Information, item la) with (print or tylre name of organization listed in Contact hrlin-mation, item la) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indik'ate% the party reNponsible for the operation and maintenance of the stormwater system. DEC 192013 form SWU-101 Version Oct. 31, 2013 Page. 5 of 6 aft BY. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sate, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify D)MLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility Without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signatu Da - -_. a Notary Public for the State of - . - , County of do hereby certify that personally appeared before me this _ day of -�_--- ....__ ... _ ._._, and acknowledge the duce execution of the application for it stormwater permit. Witness my hand and official seal, SEAL. My commission expires X. APPLICANT'S CERTIFICATION I, (print or type rra► to of person listen in Contact lrrfontiation, iterrr 1a) R. Harold Chappell certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plaits, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater r es under 15A N ' C 21-1.1000 and any other applicable state stormwater requirvnients. Signature: dC Date: I, �S+► e-�r! c1��e-.., a N tart' Public. far the State of _ I�lor-h,..LC1Jri3(ira, County of if uu cin hereby certify that ' 1`G lci 1..Qy�t t_ personally appeared before tnc this tq day ofrt'Yt_, and acknowledges the due execution of the application for a stormwater permit. Witness my hand and official seal, Christie Ethridge Notary Public Brunswick County North Carolina M Commission Ex 'res 11 2015 Form S U-101 Version Oct. 31, 2013 SEAL My commission expires ` 57C.E IVE DEC 19 2013 5 it BY: Page 6 of 6 Pen -nit No._ to bc, provided by DIVA) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stonnwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC2H .1005 through .1007. I. PROJECT INFORMATION (please complete the following information): Project Name: Contact Person: Phillip G. Tripp. P.E. _ - Phone Number: 9( l 0 763-5100 ---- Number of Lots: 46Allowable Built Upon Area Per Lot*:_^2,587 * If lot sires are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area f r each lot. The attachment must include the project name, phase, page numbers and provide area. subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area divided by 100. RA Road Area _. the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lets -- the total number of lots in the subdivision. ® BUAiLot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front line and the edge of pavement. DEC 19 2013 romi SWU-104 Rev 3.99 Page 1 of.' - Calculation: (SA x DF)- RA- OA BUA No. Lots Lot 0 0.23 ac x 0.351) - 0.86 ac = 2.587 sf/lot 46 III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent in the Ston°nwater Management Permit Application Form, the agent may initial below. Applicants Initials -- a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive: covenant. A copy of the recorded document shall be provided to DWQ within 30 days of' platting and prior to sale of any lots. AL- c. Built upon area calculations arc provided for the overall project and all lots. -� d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] ` CT=1V1E � r DSG 19 2013 BY. Form SWU-1 U4 Rev 3.99 Page 2 of'_' �Od II11lIIIlIIII{IIII1111111111111111111 835�� P881s'�-4Q 2z1�z Brunswick County, NC Register of Deeds' a emmons PROP P9e t of 4 Pres�"T�—Cash$— fief �Rev t�d °�TanffI _ Refund: Cash a Finance ❑ Pomona ofdocumentare 8legibia dw to OmWrdon oforlpinal. ❑ Doounant contdno seals veMad by orloal Instrument that cannot be reproduced or copied, SUPPLEMENTAL RESTRICTIVE COVE�OANTS FOR nn o THE COTTAGEtgqTFOiNTE SUBDIVISION STATE OF NORTH CARD INA COUNTY OF BRUNSWICK Brief description for index: Map Cabinet 62, Page 79 Qt cccc nnnn���d °0 ° � THESE SUPPLEMTW Igi� 4,41V COVENANTS FOR THE COTTAGES AT MARINER'S POINTE a e made this the = ay ofA2014 by CARTER CHAPPELL, LLC ("Declarant"), WILLIAM B. JONES CO RUCTION, INC. ("William B. Jones"), and SOUTHERN HOMEBUILDERS, INC. ("Southern") and shall become binding upon any person, firm, corporation, company, or otherwise that shall acquire any interest in the herein described property hereinafter made subject to these Restrictive Covenants for The Cottages at Mariner's Pointe,§ubdivision. oo ffl° °V� WHEREAS, The OrGiir Declarant caused to be filed in the Brunswick County Registry a certain document entitled, "DECLARATION OF RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION" ("Covenants") in Deed Book 2863, Page 768 of said Registry; and WHEREAS, a plat of The Cottages at Mariner's Pointe Subdivision is recorded in Map Cabinet 62, Page 79 in the Brunswick County Regiiy'Zreference to said plat is hereby made for a more particular des�iuf} ° u���� Tod WHEREAS, the Declarant, William B. Jones and Southern are the fee simple owner of all of those lots that appear on a plat recorded in Map Cabinet 62, Page 79 of Toda god JDTUn5g@ 0 ngt � �� ��� B3 40 P00108_zB_zm,4 12:44:22.00Z O� ° e ounty, NC Register of Deeds page 2 of 4 PROP the Brunswick County Registry, reference to said plat being made for a more particular description, except Lot 43; and WHEREAS, pursuant to the provisions of Article IX, of the Covenants, the Declarant may amend said Covenants from time to time with the approval of at least sixty-seven percent (67%) of the lot owners; WHEREAS, the pantie i�re e up more than sixty-seven percent (67%) of the necessary voig=lae any changes to the Covenants as required; and WHEREAS, the parties hereto now join in to this Supplemental Restrictive Covenants hereby consenting to the following amendment to the Covenants and further shall be binding on their successors in interest. NOW THEREFORE, in accordance with the recitals hich by this reference are made a substantive part hereof, the Declarant,1es and Southern make the following amendment to the Con�1,]f ° Section 3(e) shall bbooamended to state, "Neither the Declarant, nor any non - owner occupied lot owned by any licensed builder with the intent to construct a single family residence upon said lot, shall be responsible to pay any dues or assessments with regards to the Subdivision so long as the Developer or builder own said lot." This amendment is made subject to the DECLARAT ON OF RESTRICTIVE COVENANTS OF THE COTTAGES AT MARIN IDS SUBDIVISION recorded in Book 2863, Page 768 of the EWu`�istry, together with any J � `i�'e amendments thereto, and �a easements, restrictions, covenants and conditions that shall burden and be appurtenant to and run with said land and further shall be binding on all parties now or hereafter owning said real property and their respective heirs, successors, and assigns, having any right, title or interest in the properties described herein and shall inure to the benefit of each owner thereof and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the Carter Ch ll,outhem Homebuilders, Inc., and William B. Jones Cons{uc(v>iMused this Supplemental Restrictive Covenants to be duly exeQ (t i respective members who have set their hand and seal, the day and year first above written. CARTER C P LV",PPtv By(SEAL) T ( ° �7z - mber/Manager SOUTHERN HOMEBUILDERS, INC. TQod a o bTa���O °1DTU*§@@o S�1Ql� T�Od III I III III ON 3540 �1928 0a-ss-YO;,z:44.22.002 renda . Clemmons PROP later of Deeds paps 3 of 4 �Op O O ,�p1%nu u011"' By IS L ES l" o -President �� }� O �0ca0`F14 ryrya 0: O674�.p RLC�ION, INC. By: r STATE OF COUNTY OAF I5�()aC5 OF R , NORTH CAROLINA, CERTIFY THAT Wit-iMM.0 MEMBER/MANAGER OF CARTED CHAPPELL, LLC PERSONALLY APPEARED BEFORE ME THIS DAY AND i uurrr, `�\\``pa EAGLES ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTfZl�I19NT IN THE CAPACITY INDICATED HEREIN. SuNE 2014. WITNESS MY HAND AND OFFICIAL SEAT godo TunSgO°n@t STATE OF or k_ a ra [1 n a Tod °aTangg@0ngt lip, � 183540 R0%29 m 4s TO°o 22.PROP 0@2 unly, C Regle4er of Decds page 4 of 4 COUNTY OF _t4gw H anaver I, S. Ca`1iierin2 Parnell , A NOTARY PUBLIC OF -Nevi Nan r C%mtU, NORTH CAROLINA, CERTIFY THAT_J?- P Hi I+on , PRESIDENT OF SOUTHER HOMEBUILDERS, INC. PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXECUTION OF THE FOING INSTRUMENT IN THE CAPACITY INDICATED HERI,�I�an(jg ° pwl" ITNESS MW BAND OFFICIAL SEAL, THIS G� DAY OFJi 20 ;�,ERIune NEA, 6 a NOTARY PUBLIC L QQA.V-kX ",nn rx a NOTARY PUBLIC MY J N EXPIRES: Qo C) STATE OF 0 0 0 COUNTY OF 1, A NOTARY PUBLIC OF ��Nyl IL�U•N� `7 NORTH CAROLINA, CERTIFY THAT WwAm 8.7MZ* PRESIDNET OF WILLIAM B. JONES, INC., PERSONALLY APPEARED BEFORE ME THIS %ND ACKNOWLEDGED THE DUE EXECUTION OF THE F R� NT IN THE CAPACITY INDICATED HEREIN. ��� o,0 jLw E WITNESS MY HAND AND OFFICIAL SEAL, THIS 2AAY OF -MAN, �1�J 2014. � I.. MY COMMISSION EXPI 0 0 �✓�a�g�O o�Q� god a jDT9n§@O o *Qt tt�50NJg"','�� i Is M�,CQa'��pry rn, N 121 HE THE COTTAGE:-. SMIT, BR U N ol / + T---T---- ! COUNTY PLANNING BOARD I Chef � q� I I 104 - / LOT 103 - VICINITY MAP NOT TO SCALE I \� � w•' 41p =0i 102 � I t LOT 101 � g LOT ISO VETLANI6 UTAE TABLE °93� t S 27.52.43• V 2 S W34-4 248' V Mn, Omar 3 S 6076.32• Y B7.B0' LOT 99 4 S EO'2z7Y V 83.04' S S 32'S3' 27dH' 6 S 66.33'13• V 7 N O1' Y 1823' \ B S 51.50'S5• V 51-5W 9_ N 72-4738• V 62.75' 61175 4007 \ \ G WETLANDS LINE T LOT 9B LOT 97 LOT 96 91 1 LOT 95 ' --T---T---_ 1 I 1 LOT z LOT 3 IT 14AR iR'S POIIIIIE -PHASE I C 35 P� 31JH SEA PINES SUBDIVISION MB. 15, PG. 51. BCR 4TH STREET SE STATE OF NORTH CAR0UNA BRUNSIWa COUNTY I. ROBERT B. MMENRY, JR CERRFY THAT THIS MAP WAS DRAW UNDER MY SVPERMERIN FROM AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERMSIIX{ THAT UK RATIO D< PRECISION AS CALCULATED BY COMPUTER 15 10.000 +I THAT BOUNDARIES BOUNDAS NOT SURVETEII ARE SNOWNAS BROKEN UNES PLDTIED FROM INFORMATION FOUND IN BOOKS FEFl7✓DJom.THAT THIS MAP WAS PRE- PARED IN ACCORDANCE KTIH C.S. 47-30 AS AMENOEA wTNEss MY HAND AND SEAL THIS TIRE 574 BAY" JANUARY IN CARD 20 Q�ESSIp,-�r'L7 YE • SEAL .0 r L-3521 ¢ By�sHf MAY LOCATION OF AS MOWN HI OF DATE SURVEYED: MARCH 2O06 SURVEY BY: JA/HZ DRAWN Or. CXENNEIIY SCALE: 1 INCH = 100 FEET JOB NUMBER: 051001 FIELD BOCK: FILE LEGEND: EIP = E)OSTING IRON PIPE FOUND NIP = NE9 !TON PIPE SET OR = ETOSTING IRON ROD FOUND NIR = NEW IRON ROD SET TOM = TEMPORARY BENCH MARK MCHENRY SURVEYING PROFESSFDIVAL LAND SURVEYOR P.O. BOX 433-Wo E. Off ISLAND DR. OAKISLIND, N.C. 2840 TEL 816278-SB7a FAX: 9762783799 U" O � II B�YV 1 V 16� 15:89:24 000 Illf �� page 1 Brenda n. Clemons BrunsW ty, NNNNCCCC Register of Deede s to f 36 SQ;�p �£ $yam/� Pre`�nter - ReL Tolal Rev Inter Ck "W Cash $ O --- Cash $ Finance „ n r��fJ1 ❑PO inal.fdorume;laoiileg;hleduetocondltlo0 U U��inal. ��� s��,ff??a ❑ Document contains seals veiSTred by Orlglnel Q Inslnanen! that cannot be reproduced orcovilid This instrument drafted by: The Law Firm of Hutchens, Senter & Britton, PA After recording, mail to: The Law Fir f Hutchens, Senter & Britton, ggg�A M NORTH CAROLINA � U v O UNDAMM4 BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS OF p THE COTTAGES A SUBDIVISION n n THIS DECLARATION AND AGREEMENT is entered into this a day of December, 2008 between CARTER CHAPPELL, LLC a North Carolina Limited Liability Company (hereinafter "Declarant") and all parties hereafter acquiring any of the described property. 1 WITNESSETH• �� 0 WHEREAS, Declarant is th per of all lots within a subdivision of the �e County of Brunswick, State of Ik �i'Cottages at Mariner's Pointe Subdivision and being that certain Lots 34-75,dPaRarnerly known as Sweetbay Village, Phase 2B and Lot 33, formerly known as Sweetbay Village, Phase 2A and more particularly described by map and survey in Plat Book 66, Page 33 of the Brunswick County Registry; and WHEREAS, it is in the b st interest of the Declarant and to the benefit, interest and advantage of every party herei acquiring an ,scribed property that certain covenants, conditions, easements, ass.& Me tnctions governing and regulating the use and occupancy of the pro eh ice¢ crap WHEREAS, Declarant desires to prov! a preservation of the values and amenities and the desirability and attractiveness of said property; and for the continued maintenance and operation of any recreational and/or common area; and IAL I� U N �U � uwmrri� rar oFFr�IAL 2863 P0182 75: 9,:2mm. n n B ,asa.mmm U IIIII Brenda M. Mammon r ty, eplater of Deeds page 1s of i6 ARTICLE V� EASEMENTS The Declarant reserves right to subject the real roperty in this subdivision to a contract with the appropriate ene mpany for of underground electric cables and/or installation of street iiy�hting, cn may require an initial payment and/or continuing monthly payrn opria ompany by the owner of each building unit. IIJJ�Q Easements for installation and maintenance of utilities and drainage facility are reserved along each property line of each lot in the subdivision to a width of 10 feet of each line unless such shown easements are depicted on the recorded plat, in which case the plat shall control. Within these easements, no at re, fence, plantin�r material shall be placed or permitted to remain which may dam or ' t stallation and maintenance of utilities and drainage facilities, a the direction of flow of the drainage channels in the easements, o i m u or rrrree and the flow of water through drainage channels in the easements. The easeme Lqf each lot and all improvements for which a public authority or utility company is responsible. ARTICLE VI 61, IM I V Impervious Materials. AnjottMhe%VW8runswick. 0pon lots shall not exceed the percentage that is required by the Codes "Impervious material" is defined as rooftops of homes, garages, outbuildings, and paved or concrete driveways, walkways and patios. ARTICLE VII Enforcement shall be the responsibility of the homeowners of the subdivision, but the Declarant, the Board or any lot owner shall also have the right to bring enforcement proceedings. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting t violate any covenant, either to restrain violation or to recover damages, or both. The prevailing in any 7f= roceeding shall be entitled to recover from the adverse partyiee,'? 3ursement of attorney's fees and court costs incurred in enforcing atte these covenants in an amount to be determined by the court. II have the right to impose fines on owners for violations of these Covenants. The procedure r imposing said fines shall be that as described in the North Carolina Planned Community AC Section 47F-31-107.1 as it may be amended from time to time. a, ��O Sao y/ U N�O 197 Z jAL A U "y� I ���II Binds e.a 15:39:24000fmna 04;rt. Nl2m gis sr of Deeds pays 16 of 16 ARTICLE Vill SEVERABILITY Invalidation of any one of thes venants or restrictions udgment or court order shall in no way affect any other provisions shall � i ,e and effect, and the failure of any person or persons to take a olation of any of these covenants and restrictions shall not be construey nt rights and shall not prevent the enforcement of such covenant or covena°n e. ARTICLE IX AMENDMENT � nn The covenants and restrictions of t eclar grAdh and bind the land, for a term of twenty (20) years from the dat { �I� I corded, after which time they shall be automatically extended for succ1 r tears. This Declaration may be amended by affirmative vote of not less than sircent (67%) of the then Lot Owners or by an instrument signed by not less than sixty-seven percent (67%) of the then Lot Owners. Any amendment to this Declaration must be recorded in the Office of the Register of Deeds of Brunswick County, North Carolina. IN WITNESS WHERE a DeclaTL=h sad this instrument to be executed, by authority of its Membe l day of December, 2008. U ufflors a �Nw���,Q CARTER CPELL,LLC BY:✓NA-Id'� NORTH CAROLINA COUNTY I, the undersigned, a Notary Public oftherr and State aforesaid, do hereby certify that &c NA"0-10 G/t'nJOW14 personally appeared before me this date and acknowledged that he is Member/Manger of, CARTER CHAPPELL, LLC a North Carolina limited liability company, and by authority duly given and as an act of said entity, he signed the foregoing instrume 941 n behalf of said entity in such capacity. Witness my hand and ' Istamp or s�fflt['Is the 8th day of December, 4o� NOTARY PUBLIC OFFICIAL SEAL Notary public, North Carolina County of Pander My Commission Expires: Rhonda N. Ervin a J C1. N�OFFI UUNOFFICIAL UNOFFI�,IAL -o ISAS 13 e m W b� n � � b � € _°•`a yR»$ d J si c�5s 8� �_€ 4 z m 3f > Sk3F�m = W74 �gF3;€ 1 r by J� �°f • 8'Sbl� �zs cc Z 5 fi€�€�za > earo Rpe�a <god$p�jj� 68 I211 ik� zi; xW rFK .r S �A.s ewe'' II1 I 1 is 1 3 }---_ CNiS� gg 1 a.nwox•A I `.� 'y' �''J � 1 ; x 11 � 1 , J1 \\ �_� —���' f�' ��k� ry R a9 � r• r=,o�.'"'' ` ! `°p 1> 11 x 111 � 11�y����•;="�""� `� �` ! \ ,zae S a �� )a'0Y19'c ►! !►G Isll 1„,A[is 'p 9�.�` 1 n 1 -- ----'1 ��'►►p►\\\PPG ����" � � ��� I/A usvI ► ! ► 7 k 1 _ -1>® w�' \ y 1 § I }' rp ► r\1 nb a a > p mAmr, y ,�,,.�,. ! !► ! 1 s 1 11 / % � 1 f f ! ! r ! \ ��� m � Ike< y .¢I.� J Y �� ff f1 �» � "m 11 Y 11 � 1 j / ��. � ! ! , A ►\ 6»� >2 66 a I .v,e• ► , 1 1 \ 11 i /•11 I, r, , p f y �� !rl►► 1 \`�� 11 ---1.--`� / � �� "� ' ► f ' ►�� �� tee9�• ' ! ► !' 1 G ` BIRCH yRlvE 41 N'J i 11 r / ! r ► ► ► ' �� / S uaro ! ! BrveR T— —T-- 1 � /� ► f ��FP » w� � ,ix r• � I � •pc1 s�O. RI i p ! ► , t 1 T-- 1 1 � B 1` 11 � ► f pp p ► ! ► ! i p mm' g > ,y\ ++� a.. , ► y fig§ 1 r 1 � 1 ,�m�'s � //9 , � ° ! ! ► � / IW /`yr.891a ' I ►! r ► ` 11 i ,I'wsdlws'�o„�Y!=o>gg rf ►/ ` r a� -.. � r S § o..« i1. !► ► ' 11 1 .� 11 1L�1 ' r 3u�Ra ! / ;� if �� k sg ,yx�oArr. I �\ �d � � b'e►►►► ► ! ! r► A► ! ► !!Ap ! p► d.', \ ���a S 1.�cf? Y » S A�'�` °yea t� f '�' ^� o► ! ! ! ► / ► !� 1�,���'/ \\\ ��� a 5it13., tj 5 m g ir � u p r--- ' , ► ! ! ! ! ! . ' , ► '} N STs Win. ! � / 9 p f ESQ 1 ► ► / ► ► ►/ r , r ► ►9i `� `�)� �' m LLJ �8g<ng �► rT2 4% ! ► i~ 'J id a 3 3C W aka 6F � I ► r / . 12 4 i yip ► 1 i / \ ► ! ► ► 1t 3 3 f !f m ►' i / 1 ► � $ / p pp �S sQ a !@@� p a �'/f1►! !'n�-q�r r . A ► ' �� i� / ' K E a �i�lle� il� G F� F � n R� 6 pp gg » » » 1 k a IllflIll�IIN1IIflIIIIIlll llllllICI B354� P0026m :4 22 RAP Brunswick County, NC Register of Deeds page 1 of 4 Presenter 1 Ret Total - Rev Int, Ck$— —Ck0 f� Cash$ Refund: _ Cash $ Finance- 0 rrorttons of docunnnt are ftlliole due to Wrdit otoNInal. ❑ Document contetns seals VeMI M by othial Instrument thal cannot be reproduced or oDa ed. SUPPLEMENTAL RESTRICTIVE COVENANTS FOR THE COTTAGES AT MARINER'S POINTE SUBDIVISION STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Brief description for index: Map Cabinet 62, Page 79 THESE SUPPLEMENTAL RESTRICTIV�COVENANTS FOR THE COTTAGES AT MARINER'S POINTE are made this the Q ay ofA 'E2014 by CARTER CHAPPELL, LLC ("Declarant"), WILLIAM B. JONES CO RUCTION, INC. ("William B. Jones"), and SOUTHERN HOMEBUILDERS, INC. ("Southern") and shall become binding upon any person, firm, corporation, company, or otherwise that shall acquire any interest in the herein described property hereinafter made subject to these Restrictive Covenants for The Cottages at Mariner's Pointe Subdivision. WITNESSETH: WHEREAS, The Original Declarant caused to be filed in the Brunswick County Registry a certain document entitled, "DECLARATION OF RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION" ("Covenants') in Deed Book 2863, Page 768 of said Registry; and WHEREAS, a plat of The Cottages at Mariner's Pointe Subdivision is recorded in Map Cabinet 62, Page 79 in the Brunswick County Registry, reference to said plat is hereby made for a more particular description; and WHEREAS, the Declarant, William B. Jones and Southern are the fee simple owner of all of those lots that appear on a plat recorded in Map Cabinet 62, Page 79 of IIf l l lil l[i 111 111 l 11 l l 111 l 11 Jill f l 111 f��!M moos-22.0R0Brunswick County, NC Register OP s pagClele 2 of 4 the Brunswick County Registry, reference to said plat being made for a more particular description, except Lot 43; and WHEREAS, pursuant to the provisions of Article IX, of the Covenants, the Declarant may amend said Covenants from time to time with the approval of at least sixty-seven percent (67%) of the lot owners; WHEREAS, the parties hereto now make up more than sixty-seven percent (67%) of the necessary votes to make any changes to the Covenants as required; and WHEREAS, the parties hereto now join in to this Supplemental Restrictive Covenants hereby consenting to the following amendment to the Covenants and further shall be binding on their successors in interest. NOW THEREFORE, in accordance with the recitals which by this reference are made a substantive part hereof, the Declarant, William B. Jones and Southern make the following amendment to the Covenants: Section 3(e) shall be amended to state, "Neither the Declarant, nor any non - owner occupied lot owned by any licensed builder with the intent to construct a single family residence upon said lot, shall be responsible to pay any dues or assessments with regards to the Subdivision so long as the Developer or builder own said lot." This amendment is made subject to the DECLARATION OF RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION recorded in Book 2863, Page 768 of the Brunswick County Registry, together with any amendments thereto, and subject to all easements, restrictions, covenants and conditions that shall burden and be appurtenant to and run with said land and further shall be binding on all parties now or hereafter owning said real property and their respective heirs, successors, and assigns, having any right, title or interest in the properties described herein and shall inure to the benefit of each owner thereof and their respective Neils, successors and assigns. IN WITNESS WHEREOF, the Carter Chappell, LLC, Southern Homebuilders, Inc., and William B. Jones Construction, Inc. have caused this Supplemental Restrictive Covenants to be duly executed by their respective members who have set their hand and seal, the day and year first above written. CARTER CH PPEL , By (SEAL) mber/Manager SOUTHERN HOMEBUILDERS, INC. 2 IIIII ll�IIIII1PI1ill IIIIIIIII�IIPIIII �ttR;k.l6 6 2014On4 22.002 PRBrunswick County, NC Register of s page 3 of 4 \\��Nn l i u f1 u�rrq BY (SEES �''•,, -President a O�oo .s 7-0 �¢coFo�ry Gam; WILL J N RUC ION, INC. By: r� (SEAL) STATE OF N COUNTY OF �Fa3_001-- _ I,5m)sk-A S S , A NOTARY PUBLIC OF Vm-m \ NORTH CAROLINA, CERTIFY THAT WPLLtNmB_ m6SMEMBER/MANAGER OF CARTEIj \,1 1 Illlf!!!r� CHAPPELL, LLC PERSONALLY APPEARED BEFORE ME THIS DAY ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTR�*\'15NT III° THE CAPACITY INDICATED HEREIN. o' Q\30 KAQ\�gS�_ WITNESS MY HAND AND OFFICIAL SEAL, THIS a,AA- O SIWG 2014. od &"' yo NOTARY UBL MY COMMISSION EXPIRES: 07ZOZ-01 N A Nolor c �MY Ca nae� Cob, _ 7rr"";o 07/2p12G 14 xpires; �2CA R STATE OF Nor-I-h r aro i s n a Ili l I f II Ili III I I I I II f l l ll I it lI II II Ili B3540 P0�29 ons-22 PROP Brunswick County, NC Register of Deeds page 4 of 4 COUNTYOF N¢UJ H3nmuer I, 5. Cathenne Parnell , A NOTARY PUBLIC OF . ¢ H,3riover Cpq4q, NORTH CAROLINA, CERTIFYTHATJe-- H.I+on , PRESIDENT OF SOUTHER HOMEBUILDERS, INC. PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTRUMENT IN THE CAPACITY INDICATED HEREIN. June ESS MY HAND AND OFFICIAL SEAL, THIS (0"6 DAY OF f, � ��rcurfi A CY 41 (d (VOTARY �11'x a PUBLIC ? v a nmo NOTARY PUBLIC MYNW14`@ N EXPIRES: $1'I4ldOI STATE OF COUNTY OF I, Q-EA NOTARY PUBLIC OF �U�N+ `� NORTH CAROLINA, CERTIFY THAT MuiAm B.73i7Ai15 PRESIDNET OF WILLIAM B. JONES, INC., PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTRUMENT IN THE CAPACITY INDICATED HEREIN. ZUNEE 2014. WITNESS MY HAND AN OFFICIAL SEAL, THIS AY OF MAY, v N ARY PUBLIC MY COMMISSION EXPIRES: __ 0 2� 14- A Hof 9 a d tijJ,Coa'asp�yp �o �C� h __ ''q AR�OL1}01P\\\os gill! $ G� Phan C n I I w �j y (rG 1Gt I '45 �5 By�a r---srs __ t rc w I Ina CIR 9d Gw ioi� .1 — xl mA� i m---------- G (Gt 46 s m 2.•i W lop'a'W.IZ ?'�C z9P P1 g 0+ ;r. „gy m r, % g11z ups h a BAR � w ���< z � � > siW E8 ' <�<€ ry \A''ti W 4 b�oU�EE8+3 Z �� a�q€��_ �� oN .xB�� <b�ab��4 a�� 6?�R �r o8:8� W'�� .. ' 76 RAW VOTE 1\ x J tj 1p 1 =�s > � � �dr TY01•lr[ � i '!1 ���1f 3 1��yyyy'8'-"`fip6�' 11 ® \I ---- �.�'i ! t ! i\Y�\ �y S < < �r maw t. �pf �R. � ► ! ! �» �''' f1 x 6 1 � 11 � � F � t ► t ►\ gg `sue ►9 � � —'---- 1 1: 1 i ! t 1 � §' �R B f� . f6Y�• t r 1 1 1 um\��r-w�___ 1 11 Q ! 1 ' ► 1 ' ! r ti ��3� �E�' � �N• � I 9 �,'i'im n• � i •'►'►► � t, E T--- 1----� R � x 11 � 1t �� ! ► ' 1 ! ► 1 1 i All € ���� 6 � 'oT r i / !!P � �$ 111 $ 111 3 11 ] �.1�isp�� 1 // '��� '► ' 1!t ti CL " nYir ! 1 I 1 1 ► y g$ 1 g ��O � f I� � 1 "aw fi' ' ► f ► //�� 11 �^� ! \�1 i ► 1 ► '! ► ' yI$rc� $c , � C�m ��^C7 � ,yy' � Y)9'oi'1YC L9Ao• ! 1 �f'1 1 1 ! ! �<I.�I���`^i 1/ I O , p2 1 � 1� � " IMPL• o ' �� ► 'i ! /! 1 / ! 1 1 i / ► i ► !1"R ! ' i / ���1 gd rt t � d [ g .�„�•�; q t fit' ►1 ; ► ► / r ► ' t ► ' ! ' ► ' ' r !�.(' �_ ZS q.` '� aa' ���ag� a� gg� � � t� � C • � — —c; � �jf�'r'y� � \\\y� �e� � Q �o r T e� Xa Y�14 LLJ cn cn Il Cfl Vl � o ► ' r ! 1 ► ► ! ' �y LIJ Mai Z ko Id loan it M I ► ► r r ! r ► ► ► ! �p� \ % �W /O� 11 t r ! ► 1 / � � s ;��z�- '► ' ° i ' r BRA i:', 3 ; ^i ► ��trTTn` 1 I ar A i \ /6� W a P / » I / � y ag ggg gg g € , � ► � C¢ dig � �' 6 � I f•T it 1! ►► \ / �ii' ! ► ' �• � jyp� p °� . �/ 1 I . �• ► ! ► ► ► ,5R555» »55x555! � � __�" z \cw 'rev �!-, i r ! ►' ./ I 1 �► _/.� g yypp yspppppp�� g g gg L---------------------------J _ .."„ > e»nn ee 4 n ■.... l3Oz SUPPLEMENTAL RESTRICTIVE COVENANTS FOR THE COTTAGES AT MARINERS POINTE SUBDIVISION STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Brief description for index: Map Cabinet 62, Page 79 THESE SUPPLEMENTAL RESTRICTIVE COVENANTS FOR THE COTTAGES AT MARINER'S POINTE are made this the l^lay of October 2016 by WILLIAM B. JONES CONSTRUCTION, INC. ("Declarant"), and shall become binding upon any person, firm, corporation, company, or otherwise that shall acquire any interest in the herein described property hereinafter made subject to these Restrictive Covenants for The Cottages at Mariner's Pointe Subdivision. WITNESSETH: WHEREAS, The Original Declarant, Carter Chappell, LLC caused to be filed in the Brunswick County Registry a certain document entitled, "DECLARATION OF . RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION- ("Covenants") -in Deed Book 2863, Page 768 of said Registry; and WHEREAS, a plat of The Cottages at Mariner's Pointe Subdivision is recorded in Map Cabinet 62, Page 79 in the Brunswick County Registry, reference to said plat is hereby made for a more particular description; and WHEREAS, Declarant is required by the Department of Environmental and Natural Resources, Division of Energy, Mineral and Land Resources for the State of North Carolina (hereinafter "DENR") to record these restrictions as they pertain to the Stormwater Management Permit Number SW8 131212 (hereinafter °Stormwater Permit") as issued by DENR under NCAC 2H.1000; and WHEREAS, the Declarant now enters into this Supplemental Restrictive Covenants hereby consenting to the following amendment to the Covenants and further shall be binding on their successors in interest. NOW THEREFORE, in accordance with the recitals which by this reference are made a substantive part hereof, the Declarant makes the following amendment to the Covenants as required by DENR in the aforementioned permit: 1. That the State of North Carolina is made beneficiary of these Covenants to the extent it is necessary to maintain compliance with the aforementioned Stormwater Permit; and 2. These Covenants shall run with the. land and be forever binding on all persons, parties and their successors in interest claiming interest under said Covenants. 3. Any Covenants for said lands that pertain to the stormwater for the subdivision cannot be altered or rescinded by ant party without the express written consent of the State of North Carolina. 4. No alternations of the drainage systems as they appear on.the approved plans by DENR may be made without the concurrence of DENR. 5. The maximum built upon area per lot in the subdivision shall be 2,587 feet. This allotted amount includes any built upon area constructed with the lot property boundaries and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface od swimming pools. 6. The filing in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the subdivision except for average driveway crossings, is strictly prohibited by any persons. IN WITNESS WHEREOF, the Declarant, William B. Jones Construction, Inc. have caused this Supplemental Restrictive Covenants to be duly executed by their respective members who have set their hand and seal, the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF PENDER I, 6003A N- Etc , A NOTARY PUBLIC OF PENDER COUNTY, NORTH CAROLINA, CE", FY THAT WILLIAM B. JONES, PRESIDENT OF WILLIAM B. JONES, INC., PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTRUMENT IN THE CAPACITY INDICATED HEREIN. WITNESS MY HAND AND OFFICIAL SEAL, THIS 26TH DAY OF OCTOBER, 2016. ^ .--zl�-) NOTARY -PUBLIC MY COMMISSION EXPIRES: O? A. Fp 'c Notory Public Pender County _ _MY Corn,nlssion ExPlres_ 07/20/2019 . s I, P ' CARO`; \\\`' ��911'Illllllllllll Mad!0 3 06-24-2014Brunswick County, NC Register page rot of 3PROP Presenter I& P Rot: 3 'OK Rev Int, Ck $ Ck # R (071 Cash $ Refund: &- Cash; Finance am �� O U a�� Document contains seals IvoAfiecJ bye pI �lleglU a due to ndltion Inshment [hat cannot be reproduced or copled. PREPARED BY STEPHEN C. BAILEY, PO BOX 818. HAMPSTEAD, NORTH CAROLINA 28443 NORTH CAROLINA ASSIGNMENT OF DECLARANT RIGHTS BRUNSWICK COUNTY THE COTTAGES AT)ARINER'S POINTE od obTanS(� o�c� 5 This ASSIGNMENT OF DECLARANT RIGHTS is made this OAay of. 4&f, 2014, by and between CARTER CHAPPELL ,LLC, a North Carolina Limited Liability Company, 1119 A MILTARY CUTOFF ROAD, WILMINGTON NC 28405. (hereinafter "Assignor'), and WILLIAM B. JONES CONSTRUCTION, Inc. a North Carolina corporation, 321 EAST ISLAND VIEW DRIVE, HAMPSTEAD NC 28443,(hereinafter "Assignee"). Q';�t ��,nnrr�� �Q o� WHEREAS, Ass to ,t%694f developer of a subdivision generally known as The Cottag t adner's Pointe Subdivision, located in Southport, Brunswick County, North Carolina; and WHEREAS, Assignor owns and retains certain Declarant Rights as defined and set out in the DECLARATION OF RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION, recorded in Book 2863 at page 768, Brunswick County Regis�trY� tim4ents thereto; and, WHEREAS, Ass��veiRds'%6transfer to Assignee all development rights of the Declarant as set for in said RESTRICTIVE COVENANTS. NOW, THEREFORE, for a valuable consideration, the receipt and adequacy of which is hereby acknowledged, Assignor does hereby set over, transfer and assign unto Assignee all of the saidQ DeclaWt Rights. IT IS THE INTENT OF ASSIG 1®1�YT0 �►SSI�GNEE ALL DEVELOPMENT RIGHTS POSSESSED BIT/i� Assignor represents and warrants to Assignee that It has not executed or entered into any prior or other assignment, pledge, relinquishment or termination Todoa�a�gd°o�Q� .. __.._2014 ... jliJI1}{#Ir i�i �� da �00� m ons.22 PROP —County, NC egistqr of Deeds page 2 of 3 �Oo of the Declarant Rights herein assigned, and that the Declarant Rights are in full force and effect and have not been amended or modified. At Assignee's request, Assignor will execute and deliver to Assignee any documents or other written material, and Assignor will toe such other and further actions as Assignee may reasonably retigso Mve full effect to this Assignment. h�od Qwaag Assignor will incf'emnify and hold Assignee harmless from all liability, obligation, loss, damage or expense [including court costs and attorney fees] arising out of any claim or litigation relating to Assignor's activities as Declarant or Developer at THE COTTAGES AT MARINER'S POINTE prior to the date of execution of this Assignment. Assignee will indemnify and hold . r 1 "less from all liability, obligation, loss, damage or x g court costs and attorney fees] arising out of any claim' ion relating to Assignee's activities as successor in interest to Assignor as Declarant or Developer at THE COTTAGES AT MARINER'S POINTE after the date of execution of this Assignment. By its execution of this Assignment, Assignee acknowledges its acceptance of this Assignment as required by NCGS §2247F-3-104. IN WITNESS WHEREOF, ATignee have caused this instrument to be executed�i0g4W s y their authorized officials as of the date first written above. lUf �� CARTER CH PELL, LLC By� Manager oa�a���O o�Qt WILL4�°►M l�. J�4I @ UCTION, INC. Z r4i VIEW'Ml�-y'n o��a�ggOoRQt Cr @6 T@6 god oDTang9@0n9t rod I III1I11 !IIIII II la page 3 0z_46-2zR'001 a Brunswick County, NC egislor of Deeds ag& 3ns of 3 PROP NORTH CAROLINA BRUNSWICK COUNTY /� (� �,,� I, the undersigned Notary Public, do hereby certify that • HUU oIc 1(,�j� f appeared before me this day and acknowledged that he is Manag r of Carter Chappell, LLC, a t North Carolina Limited Liability Company and that he, as Mbeing authorized to do so, executed the foregoing Assignment of oclla�r�n && o the company. WITNESS m handi�b Pa seal this :�c= day of May, 2014. My Commission expires: 01A A 4 Q �r 0 Notary Public PbIdIC� ,�rri� prayIM:@00mmiluion x 0 OM ty1 2015 NORTH CAROLINA rQo l�.l o BRUNSWICK COUNTY 1, the undersigned Notary Public, do hereby certify that appeared before me this day and acknowledged that he is President of William B. Jones Construction, Inc., a North Carolina Corporation, and that he, as (vice) President, being authorized to do so, executed the foregoing Assignment of Declarant Rights on behalf of the corporation. WITNESS my hand and notaria JO)l I o` 201 . r@d ° o lSS �� �_ t .1% My Commission expires: 1+11111t111111/1// 0 o u ��✓j M � �`r ,�` �g�O W ll _ aJ O� � 6i �O z a c 0 AZ: r Oo C� o°bran§Q°°nQt rock rOd �A E IV DEC 19 2013 [3Y;_ FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION THIS FIRST AMENDMENT TO DECLARATION, is made this 11th day of December 2013, by Carter Chappell, LLC, a North Carolina Limited Liability Company (hereinafter called "Declarant") for the purposes hereinafter stated; WITNESSETH: WHEREAS, the Declarant heretofore executed a certain Declaration of Restrictive Covenants of The Cottages at Mariner's Pointe Subdivision, and caused the same to be recorded in Book 2863, Page 768 of the Brunswick County Registry (hereinafter the "Declaration"); WHEREAS, the Declarant desires to revise the Declaration by adding and amending ARTICLE IV to include the following: Section 30. Low Density Residential Subdivision The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit NumberSGud/3i2i2. , as issued by the Division of Energy, Mineral and Land Resources (DEMLR) under the Stormwater Management Regulations. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, DEMLR. All Lot owners shall abide by the following: - Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the DEMLR. - The maximum allowable built upon area per lot is Z5"31 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right of way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. - In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the more restrictive of the two. - Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. - Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. -All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. WHEREAS, Declarant, maintaining control of the association through the continued ownership of more than 67% of the lots in the development, has the authority to amend the Declaration. NOW, THEREFORE, the Declarant amends the Declaration to add the language described above. INWITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. Carter Chappell, LLLLCC By: R. Harold Ch ppell — Member/Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Robert G Collins, Notary Public of the County and State aforesaid, certify that R. Harold Chappell, personally came before me this day and acknowledged that he is a Member/Manager of Carter Chappell, LLC, a North Carolina limited liability company, and that being authorized to do so, he executed the foregoing on behalf of the company. Witness my hand and official seal, this the 111h day of December 2013. "No ary Public Commission expires: 9-19-15 G COZ44i y, (0, s `r NpTARY C-) pV81'IG �Z %',RNOVERG