SW8050608_Current Permit_20050615

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 15, 2005
Mr. Ernest Deans Hackney, Jr.
Wilmington Commercial Properties, LLC
PO Box 3442
Wilmington, NC 28406
Subject: Stormwater Permit No. SW8 050608
North River Estates
Low ®ensity Subdivision Permit
Carteret County
Dear Mr. Hackney:
The Wilmin ton Regional Office received a complete Stormwater Management Permit
Application or North River Estates on June 14, 2005. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 050608,
dated June 15, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this
contact either Robert Gordon or me at [phone].
Sincerely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/rdg: S:IWQSISTORMWATIPERMIT1050608.Jun05
cc: Ronald Cullipher, PE
Katrina Marshall, Carteret County Building Inspections
A.C. Everette, NCDOT
Division of Coastal Management
Robert°"Gordon
Wilmington Regional Office
Central) Files
it
matter, please
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us 'one
hCarohna
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State Stormwater Management Systems
Permit No.SW8 050608
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
Mr. Ernest Deans Hackney, Jr. & Wilmington Commercial Properties, LLC
North River Estates
Carteret County
FOR THE
construction, operation and maintenance of a 25% 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
the Division of Water Quality and considered a part of this permit.
The Permit shall.,Oe effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 9 lots is limited to a maximum of 18,000 square feet of built -upon
area, as indicated in the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained
at 25% per the requirements of Section .1005 of the stormwater rules.
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.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 2of5

State Stormwater Management Systems
Permit No.SW8 050608
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
anv built -upon surface_
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. 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,
details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
5. The Direcfor may determine that other revisions to the project should require a
modification to the permit.
6. The perrittee 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.
9. 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, arld responsibility for meeting the built -upon area limit is transferred to
the individual property owner, provided that the permittee complies with the
requireme�ts of Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the pro .ect's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Any deviation from the approved plans must be noted on the Certification.
Page 3of5

State Stormwater Management Systems
Permit No.SW8 050608
11. Deed restrictions are incorporated into this permit by reference and must be
recorded Wth the Office of the Register of Deeds prior to the sale of any lot.
Recorde&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 050608, as issued
by'the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
plate without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 18,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boo ,ndaries, 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.
h. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
i. All :roof drains shall terminate at least 30' from the mean high water mark.
;s
12. The permttee shall submit.a copy of the recorded deed restrictions within 30
days of the date of recording.
13. If the perr�ittee sets up an Architectural Review Committee (ARC) to review
plans for compliance with the restrictions, the plans reviewed must include all
proposed` -built -upon area (BUA). Any approvals given by the ARC do not relieve
the lot owner of the responsibility to maintain compliance with the permitted BUA
limit.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 4 of 5

State Stormwater Management Systems
Permit No.SW8 050608
15. Stormwater conveyances will be located in either dedicated right-of-way (public
or private), recorded common areas or recorded drainage easements. The final
plats for the project will be recorded showing all such required easements, in
accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to,;abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
F
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to the Division does not relieve the permittee of responsibility for
transferring 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. If
any of those permits result in revisions to the plans, a permit modification must
be submi#ed.
U
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system ano it's components.
I:
9. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing,address changes within 30 days.
Permit issued this the 15th day of June,. 2005.
NOR ROLI EN IRONMENTAL MANAGEMENT COMMISSION
-- ----- ------------------------------
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental (Management Commission
Page 5 of 5

OFFICE USE ONLY
Date Received
Fee Paid
Permit Number
s
14 2 0 Q I
1`'\) g Q501ot)'�Z
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
WILMINGTON COMMERCIAL PROPERTIES, LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
ERNEST DEANS HACKNEY, JR., MANAGER/MEMBER
3. Mailing Address for person listed in item 2 above:
P.O. BOX 3442
City: WILMINGTON
Telephone Number:
910 ► 392-3379
State: NC Zip: 28406
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
NORTH RIVER ESTATES
5. Location of Project (street address):
BETTIE COMMUNITY, STRAITS TWSP.
City: BEAUFORT
County: CARTERET
6. Directions to project (from nearest major intersection):
FROM INTERSECTION OF HWY 70 AND HWY 101 TAKE HWY 70 APPROX. 6.5 MILES CROSSING THE
NORTH RIVER, PROJECT ON LEFT BEFORE BETTIE PATH
7. Latitude: N 34^47'12" Longitude: W 76A35'55" of project
8. Contact person who can answer questions about the project:
Name: RONALD D. CULLIPHER, P.E. Telephone Number: ( 252 ) 247-7479
II. PERMIT INFORMATION:
1. Specify whether project is (check one): New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
✓ Low Density High Density Redevelop _General Permit _Other
4, Additional project Requirements (check applicable blanks):
_CAMA Major ✓ Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Low density project with stormwater treated by sheet flow and road ditches draining to wetlands
2. Stormwater runoff from this project drains to the
White Oak
River basin.
3. Total Project Area: 22.6915 acres
4.
Project Built Upon Area: 20.03% %
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
Receiving Stream Name
NORTH RIVER
Receiving Stream Class
SA
Drainage Area
988,441.69 sf
Existing Impervious* Area
0.00 sf
Proposed Impervious *Area
198,000 sf
% Impervious* Area (total)
20.03%
Impervlous* Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings
162,000 sf
On -site Streets
36,000 sf
On -site Parking
On -site Sidewalks
Other on -site
Off -site
Total: 198,000 sf j
Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than 18,000 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form PAX,
• One copy of the applicable Supplement Form(s) for each BMP ovc
• Permit application processing fee ofl4*0-(payable to NCDENR)'_X PIS it SS 042--
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including: i?AX"
- Development/Project name
- Engineer and firm
-Legend
North arrow
Scale
Revision number & date
Mean high water line
Dimensioned property/project boundary
Location map with named streets or NCSR numbers
Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, drainage features, collection systems, and stormwater control measures
Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Stroud Engineering, P.A.
Mailing Address: 151-A Hwy 24
City: Morehead City State: NC Zip: 28557
Phone:( 252 ) 247-7479 Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2)ERNEST DEANS HACKNEY, JR., MANAGER/MEMBER
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000. -.-P i
Signatu e: Date:/o`b/Df
T—'
Form SWU-101 Version 3.99 Page 4 of 4

Permit No.
(to be provided by DWQ)
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 stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name : NORTH RIVER ESTATES
Contact Person: ERNEST DEANS HACKNEY, JR. Phone Number: ( 910 ) 392-3379
Number of Lots: 9 _ Allowable Built Upon Area Per Lot*: 18,000 SF
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for 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 Nigh 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. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) - RA - OA = BUA
No. Lots Lot
Calculation:
((988,441.69 SF X 25%) - 36,000 SF) / 9 LOTS = 23,456 SF/LOT
REQUESTING 18,000 SF/LOT
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 on the Stormwater
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.
R49C b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
*b 131v covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
n2tCat2'%1-S7 platting and prior to sale of any lots.
lUf'� c. Built upon area calculations are 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)]
Form SWU-104 Rev 3.99 Page 2 of 2

STATE OF NORTH CAROLINA NORTH RIVER ESTATES SUBDIVISION
COUNTY OF CARTERET DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, made and
entered into this the day of May, 2005, by and between
a North Carolina corporation, party of the first part; and PROSPECTIVE
PURCHASERS of the lots of NORTH RIVER ESTATES SUBDIVISION, parties of the
second part;
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 North River Estates Subdivision, a map of which is
recorded in Map Book , Page in the office of the Register of
Deeds of Carteret County; and intends to convey said lots subject to the
restrictive and protective covenants 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 binding 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 North River Estates Subdivision, as shown and
delineated on the map recorded in Map Book , Page , 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 a 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 OR MODULAR HOMES. No mobile or modular homes 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 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.
The exteriors of all houses and other structures must be completed within
one (1) year after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship on the owner or
2

builder due to strikes, fires, national emergency, or natural calamities.
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 structure with the dwelling
house constructed on each lot.
7. SIGNS. No sign of any kind shall be displayed to the public
view on any lot except one sign of not more than five square feet advertising
the property for sale or rent, or signs used by a builder during the
construction and sales period.
.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 sha.11 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 shall not constitute an encumbrance on such lot and shall be reserved
only along the perimeter boundary lines of 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 2000 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.
C. Minor violations of set back lines and square footage of
less than five percent (50) shall not be cause for corrective action by other
record owners.
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
3

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 ,
Page , 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.
14. MAINTENANCE AND REPAIR OF PROPERTY, PARKING. Each purchaser of
a respective lot shall cause each lawn to be mowed as needed, cause the
maintenance and protection of landscaping, insuring proper drainage of the lot
so as to prevent soil erosion, and cause the maintenance of the home and any
other structures and improvements located on said lot, insuring its good
condition and appearance.
No mobile home, truck -cargo trailer, tractor trailer or other vehicle
shall be allowed to be placed or parked on any lot or shoulders of road, except
that campers, vans, boats, and other recreational vehicles may be placed or
parked on any lot as long as the same are not placed on the front portion of
the lots.
Each lot owner shall provide receptacles for garbage in an area not
generally visible from public street view, or provide underground garbage
receptacles or similar facility in accordance with reasonable standards.
15. ENFORCEMENT. 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.
16. TIME. The covenants and conditions contained herein shall run
with the land and be binding on all persons acquiring title to any of the
aforementioned numbered lots up to and. including the 31st day of December,
2054, at which time; said covenants and conditions shall be automatically
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extended for successive periods of ten years. At any time, by written
instrument recorded in the office of the Register of Deeds, a majority of the
owners of lots may change any of these covenants, 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 full force and effect.
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18. STORMWATER RULES. The following covenants are intended to
ensure ongoing compliance with State Stormwater Management Permit Number .
, as issued by the Division of Water Quality under NCAC
2H.1000. Pursuant to North Carolina Division of Environmental and Natural
Resources Regulations, the allowable built upon area per lot shall not
exceed 18,000 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 areas include, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate and coquina, but not including
raised open wood decking or the water surface of swimming pools. Filling
in or piping of any vegetative conveyances (ditches, swales, ect.)
associated with the development except for average driveway crossings is
strictly prohibited. Each lot will maintain a 30' wide vegetated buffer
between all impervious areas and surface waters. All roof drains shall
terminate at least 30' from the mean high water mark of surface waters.
Alteration of the drainage as shown on the approved plan may not
take place without the concurrence of the Division of Water Quality. The
State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the stormwater management
permit described above.
This covenant shall be binding on all parties and persons
claiming under them and shall run with the land, and the provisions herein
may be enforced by the State of North Carolina, Division of Water Quality.
Therefore, this covenant cannot be changed or deleted without the express
written consent of the State of North Carolina, Division of Water Quality.
19 UNDERGROUND ELECTRICAL SERVICE: The real property in this
subdivision is subject to a contract with Carteret -Craven Electric Membership
Corporation for the installation of underground electrical utility, which may
require an initial contribution and/or the installation of street lighting,
which will subject the owners to a continuing monthly payment to Carteret
Craven Electric Membership Corporation.
20. ROAD MAINTAINENCE Declarant hereby declares that the roadways
in the subdivision have been constructed to state specifications and that it is
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a
e
intended that when density in the subdivision reaches appropriate levels, said
roadways will be taken over and maintained by the State of North Carolina.
Declarant and all lot owners shall be solely responsible for
maintenance of said roadways, on a pro rata basis, until such time as the State
assumes such maintenance.
IN TESTIMONY WHEREOF, said party of the first part 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.
NORTH CAROLINA
CARTERET COUNTY
I, a Notary Public of the County and State aforesaid, certify that
personally appeared before me this day and
acknowledged the execution of the foregoing instrument in his authority as
president of Inc.. Witness my
hand and official stamp or seal, this _ day of , 2004.
My Commission Expires:
NOTARY PUBLIC
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