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Home My WebLink AboutSW8061018_CURRENT PERMIT_20220211STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Ole DA S DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 202202►1 YYYYMMDD ROY COOPER Governor EUZABETH S BISER Secretary BRiAN WRENN Director February 11, 2022 Cornerstone Village Owner's Association, Inc Arm Russell Turner, President 1512 Gum Branch Road Jacksonville, NC 28540 NORTH CAROLINA Enyk n ntat QuaQty Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 061018 Cornerstone Village Onslow County Dear Mr Turner Effective August 1, 2013 the Post -Construction Stormwater Management 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 permits issued prior to August 1, 2013 until they are modified Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit On August 5, 2009, the Governor signed Session Law 2009406 This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010 The law extended the effective period of any permit that was set to expire during this time frame to three (3) years from its current expiration date On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on February 10, 2022 The Division is hereby notifying you that permit SW8061018 has been renewed, updated, and re -issued on February 11, 2022, as attached As requested, a copy of the current operation and maintenance agreement is also enclosed Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance This permit shall be effective until March 16, 2029, which includes all available extensions, and does not supersede any other agency permit that maybe required The project shall be subject to the conditions and limitations as specified therein This permit does not impose new or increased stormwater control requirements, it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit Failure to comply with these requirements will result in future compliance problems Please note that this permit is not transferable except after notice to and approval by the Division 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 150B of the North Carolina General Statutes and must be filed with the OA14 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 919431-3000, 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 concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym smith@ncdenr gov Sincerely, �/�/ �n/n 6IU2C.Y�. _t_ Yj Brian Wrenn, Director Division of Energy, Mineral and Land Resources D_E Q.�. North Carolina Department of Envlronmet�l Quality 1 Dmmn of Energy Mrieral and Land Resources J�/p wilinvngton Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 +. =cxwnw os.d.e�rmmy� 9107967215 State Stormwater Permit No SW8 061018 Page 2 of 2 Enclosures Attachment C — Permitting History Renewal Application Documents Copy of the current operation and maintenance agreement DES/ams \\\Stormwater\Permits & Prolects\2006\061018 HD\2022 02 permit 061018 cc Wilmington Regional Office Stormwater File D_E C2,� North Carolina Department of Ernwonmenml Quality I Dinsion of Energy hlhieral and Land Resources Wilmington Regional office 1 127 Cardinal Dnve Extension I Wilmington North Carolina 28405 rcmnrsw�ura� �� 9107967215 Post -Construction Stormwater Management Permit No SW8 061018 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Cornerstone Village Owner's Association, Inc Cornerstone Village Cornerstone Place, Jacksonville, Onslow County FOR THE operation and maintenance of two (2) wet detention ponds in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") The project shall be constructed, operated and maintained in accordance with these approved plans and specifications The approved plans and specifications are incorporated by reference and are enforceable part of this permit This permit shall be effective from the date of issuance until March 16, 2029 and shall be subject to the following specified conditions and limitations The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission, however, these actions do not stay any condition 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143-215 1 et al I DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 The stormwater systems have been approved for the management of stormwater runoff as described in Section 16 on page 2 of this permit The stormwater controls Pond 1 and Pond 2 have been designed to handle the runoff from 53,808 ftZ and 42,909 ftz of impervious area, respectively 3 The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans The built -upon area for the future development for Pond 1 and Pond 2 is limited to 500 ftz & 500 ft2, respectively 4 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans Page 1 of 5 Post -Construction Stormwater Management Permit No SW8 061018 The runoff from all built -upon area within the permitted drainage areas of this protect must be directed into the appropriate permitted stormwater control system 6 The following design criteria have been provided in the wet detention ponds and must be maintained at design condition Pond 1 Pond 2 a Drainage Area, acres 1 79 1 39 Onsite, ft2 78,045 60,668 Offsite, ft2 0 0 b Total Impervious Surfaces, ft2 53,808 42,909 c Design Storm, inches 1 1 d Pond Depth, feet 50 50 e TSS removal efficiency 90% 90% f Permanent Pool Elevation, FMSL 270 270 g Permanent Pool Surface Area, ft2 3,861 3,325 h Permitted Storage Volume, ft3 4,391 3,520 1 Temporary Storage Elevation, FMSL 2802 2795 t Controlling Orifice 1"0 pipe 1"0 pipe k Permitted Forebay Volume, ft3 1,469 1,206 1 Max Fountain Horsepower 1/8 1/8 m Receiving Stream/River Basin UT Northeast Creek / WOK02 n Stream Index Number 19-16-(0 5) o Classification of Water Body "SC NSW' II SCHEDULE OF COMPLIANCE 1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the design condition The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and revegetation of slopes and the vegetated filter d Immediate repair of eroded areas e Maintenance of all slopes in accordance with approved plans and specifications f Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping q Access to the outlet structure must be available at all times Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR The records will indicate the date, activity, name of person performing the work and what actions were taken The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility Page 2 of 5 Post -Construction Stormwater Management Permit No SW8 061018 6 Decorative spray fountains are allowed in the pond, subject to the following criteria a The minimum permanent pool volume is 30,000 cubic feet b The fountain must draw its water from less than 2' below the permanent pool surface c Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond d The fountain may not be placed into the forebay e The falling water from the fountain must be centered in the main pond, away from the shoreline f The maximum horsepower for a fountain in Pond #1 is 1/8 horsepower, and in Pond #2 is 1/8 horsepower 7 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 8 Access to the stormwater facilities shall be maintained via appropriate easements at all times 9 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 10 No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below For changes to the protect or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification a Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc b Redesign or addition to the approved amount of BUA or to the drainage area c Further development, subdivision, acquisition, lease or sale of any, all or part of the protect and/or property area as reported in the approved plans and specifications d Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan e The construction of any allocated future BUA f Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded g The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications h Other modifications as determined by the Director III GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems These additional or replacement measures shall receive a permit from the Division prior to construction Page 3 of 5 Post -Construction Stormwater Management Permit No SW8 061018 2 PERMIT RENEWAL A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H 1045(3) 3 CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes TRANSFER This permit is not transferable to any person or entity except after notice to and approval by the Director Neither the sale of the protect and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit TRANSFER REQUEST The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H 1045(2) This request must be submitted within 90 days of the permit holder meeting one or more of the following i A natural person who is deceased, u A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, ui A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding IV A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants, v The assignment of declarant rights to another individual or entity, vi The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214 7(c2), b TRANSFER INSPECTION Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the protect and the on -site stormwater system complies with the permit conditions Records of maintenance activities performed to date may be requested Protects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met COMPLIANCE The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request a APPROVED PLANS AND SPECIFICATIONS A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times b DIVISION ACCESS The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted protect c ENFORCEMENT Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 d ANNUAL CERTIFICATION The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the protects conformance with permit conditions Page 4 of 5 Post -Construction Stormwater Management Permit No SW8 061018 OBTAINING COMPLIANCE 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 modified plans and certification in writing to the Director that the changes have been made OTHER PERMITS The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215 1, and subject to enforcement procedures pursuant to NCGS 143-215 6 Permit renewed, updated and reissued this the 11th day of February 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 9,r brian Wrenn,^LSirecror Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Attachment C - Permitting History Cornertstone Village Permit No SW8 061018 Approval Date Permit Action BIMS Version Descnphon of the Changes 3/16/2007 Original Approval 10 2/15/2010 Transfer 1 1 From Hatco Inc, to Cornerstone Village Owner's Association, Inc 2/11/2022 Renewal 20 Expires March 16, 2029 Permit Number S14'&4 j9 t'o /O l e (to be pros ided by DWQ) Drainage Area Number Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP This maintenance record will be kept in a log in a known set location Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately These deficiencies can affect the mtegrity of structures, safety of the public, and the removal efficiency of the BMP The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one)- ❑ does ® does not This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Important mamtenance procedures — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks) — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf — Stable groundcover should be maintamed in the drainage area to reduce the sediment load to the wet detention basin — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical — Once a year, a dam safety expert should inspect the embankment After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance should be kept in a known set location and must be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element: Potential problem. How I will remediate the problem The entire BMP Trash/debris is present Remove the trash/debns The perimeter of the wet Areas of bare soil and/ or Regrade the soil if necessary to detention basin erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide lime and a one -tune fertilizer apphcabon Vegetation is too short or too Maintain vegetation at a height of Ion approximately six inches Form SW401-Wet Detention Basin O&M -Rev 4 Page 1 of 4 Permit Number (to be provided by DWQ) Drainage Area Number BMP element Potential problem. How I will remediate the problem The mlet device pipe or The pipe is clogged Unclog the pipe Dispose of the Swale sediment off -site The pipe is cracked or Replace the pipe otherwise damaged Erosion is occurring in the Regrade the Swale if necessary to swale smooth it over and provide erosion control devices such as reinforced turf matting or nprap to avoid future problems with erosion The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible Remove the sediment and sediment storage dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if ongmal design sediment possible Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP Algal growth covers over Consult a professional to remove 50% of the area and control the algal growth Cattails, phragmdes or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) the basin surface Form SW401-Wet Detention Basra O&M -Rev 4 Page 2 of 4 Permit Number (to be provided by DWQ) Drainage Area Number BMP element: Potential problem. How I will remediate the problem The embankment Shrubs have started to grow Remove shrubs immediately on the embankment Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers A tree has started to grow on Consult a dam safety speciahst to the embankment remove the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair (if applicable) The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged I Repair or replace the outlet device The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet the 401 Oversight Unit at 919-733- 1786 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 3 75 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 3 75 feet in the forebay, the sediment shall be removed Sediment Removal Bottom BASIN DIAGRAM (fill in the blank%) Permanent Pool Elevation 27 00 2325, I Pe e Pool i-- Volume Sediment Removal Elevation 23 25 Volume 22 00 fi MinSediment Bottom Elevation 22 00 1-fl r Storage Sedimei Storage FOREBAY MAIN POND Form SW401-Wet Detention Basra O&M -Rev 4 Page 3 of 4 s; Permit Nuinber i4y $ e6 11" 18" (to be proneded by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Project name Cornerstone Village BMP d7arrtage area number 1 Pond 1) Print name Kevin Johnson Title Address_ C-21 Advantage Gold, 301—C Western Blvd Jacksonville NC 28546 Phone (910) 353-7755 Signature Date Z r I)P," "o r/ Note The legally responsible parry should not be a homeownei s association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president 1, �h, 1 610rrt-5 r-" a Notaiy Public for the State of County of _y�,S �p„� do hereby certify that pei sonally appeared before me this day of , �+, and acknowledge the due execution of the forgoing wet detention basin maintenance iequirentents Witness my hand and official seal, $gTARr r+' pCo � Q , 00. ....1 SEAL (0 / / My commission expires "1 o Forni SW401-Wet Detention Basin O&M -Rev 4 Page 4 of 4 Permit Number S U/ S n C f 0/ V (to be provided by DLVQ) Drainage Area Number Wet Detention Basin Operation and Maintenance Agreement 1 will keep a maintenance record on this BMP This maintenance record will be kept in a login a known set location Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided o 0 N This system (check one): `v N ❑ does ® does not incorporate a vegetated filter at the outlet. v C-� This system (check one): � ❑ does ® does not incorporate pretreatment other than a forebay. 4� Important maintenance procedures — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks) — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical — Once a year, a dam safety expert should inspect the embankment After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance should be kept in a known set location and must be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element- Potential problem. How I will remediate the problem The entire BMP Trash/debris is present Remove the trash/debris The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide time and a one -lime fertilizer application Vegetation is too short or too Maintain vegetation at a height of long approximately six inches Form S W401-Wet Detention Basin O&M -Rev 4 Page 1 of 4 Permit Number _5W ?i d IeIO t $' (to be provided by DWQ) Drainage Area Number BMP element: Potential problem. How I will remediate the problem The inlet device. pipe or The pipe is clogged Unclog the pipe Dispose of the swale sediment off -site The pipe is cracked or Replace the pipe otherwise daria ged Erosion is occurring in the Regrade the swale if necessary to swale smooth it over and provide erosion control devices such as reinforced turf matting or nprap to avoid future problems with erosion The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible Remove the sediment and sediment storage dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one-time fertilizer apphcation to establish the ground cover if a soil test indicates it is necessary Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP Algal growth covers over Consult a professional to remove 50% of the area and control the algal gowLh Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) the basin surface Form SW401-Wet Detention Basin O&M -Rev 4 Page 2 of 4 Penmt Number Sw a O & / p 1 2, (to be provided by DWQ) Drainage Area Number BMP element- Potential problem. How I will remediate the problem The embankment Shrubs have started to grow Remove shrubs immediately on the embankment Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree An annual inspection by an Make all needed repairs appropnate professional shows that the embankment needs repair (if applicable) The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged Repair or replace the outlet device The receiving water Erosion or other signs of Coiltacl the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet the 401 Oversight Umt at 919-733- 1786 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth readmg and not readily penetrate into accumulated sediments When the permanent pool depth reads 3 75 feet in the main pond, the sediment shall be removed When the permanent pool depth reads _3 75 feet in the forebay, the sediment shall be removed Sediment Removal Bottom 2325 I 1 ----------------- FOREBAY BASIN DIAGRAM (fill in the blanks) eft Min Sediment Storage Permanent Pool Elevation 27 00 Sediment Removal Elevation 23 25 volume --------------------------- ------ Bottom Elevation MAIN POND 1-fl Storage Form SW401-Wet Detention Basin O&M -Rev 4 Page 3 of 4 r Pernut Number : W 8 od /0 t & (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Project name Cornerstone Village BAP drainage area number 2_ (Pond 2) Print name Kevin Johnson Title President — Cornerstone Village Owner's Association Inc. Address C-21 Ad a�9P Cold, _301 C Western Blvd, rn ll f Nr ?Rr)46 Phone 910 353 77,, Signature Date 7-t D Note The legally responsible party should not be a houieon neis association m4ess more than 50%of the lots have been sold and a resident of the subdn ision has been named the president I. ��i f 1E(i1 {�OP �147✓1 a ]Votary Public for the State of County of 0/\" I) V J do hereby certify that in 5oin personally appeared before me this t day of and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, My commission expires q (—U, I ) 7 Form SW401-Wet Detention Basin O&M -Rev 4 Page 4 of 4 Date Re ewe Fee Paid Permit Number a 0 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60 (c) This application form is for permit renewals only A PROJECT INFORMATION 1 State Stormwater Permit Number if S w s (7 b 2 Projectname ('a nZYslyne, YI IIQGe Owryrs _, i-KgclafioN _.L C - 3 Project street address GOYYILrsAyr� P lacC City �atyanylIIPO County f15 oW zip 2-BE 4 What, if any, changes have been made to the project as permitted? 14 IA - If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at https //deg nc gov/about/dwisions/energy- mineral-la nd-resources/energy-mineral-la nd-rules/stormwater-program/post-construction B PERMITTEE INFORMATION 9- If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at https //deg nc oov/about/dmsions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction State Stormwater Permits do not automatically transfer with the sale of the property /� 1 Current Permit Holder's Company Name/Organization 60mers l hL V1 I1aGG OI,t1VICrS ✓'1Sur C 041D' 2 Signing Official's Name bl12nL 3 Signing Official's Title wisideAt vitiago 0VJrC Ot t6ili�� , 4 Mailing Address M 12- C11411f1 6yar ch goad City3 atasorlylll State r4czip �590 5 Street Address ii5a '11A m gyanch Pload City ,1ctwbrl vl ► e, state iN( zip ?Zos- 6 Phone ( Oil b ) 353- 2001 Email ng A. N. Q VQrI c14CGl old r ea I kf . Coin, FEB 10 2022 II .) BY_ Stormwater Permit Renewal Form Page 1 of 3 May 11 2018 C'-SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORt9 Only applications packages that include all required items listed below will be accepted and reviewed Initial each item below to indicate that the required information is provided in the application package cm 1 A permit application processing fee of $505 00 payable to NCDEQ W2 One original signed hard copy and one electronic copy of this completed form The signing official named on this application to represent the current permittee must meet one of the following a Corporation — a principle executive officer of at least the level of vice-president, b Limped Liability Company (LLC) — a manager or company official as those terms are defined in G S 57D "North Carolina Limited Liability Company Act," c Public Entity — a principal executive officer, ranking official, or other duly authorized employee, d Partnership or limited partnership — the general partner, e Sole proprietor, or f Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity 3 One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including deed restrictions, protective covenants, condominium/planned community declaration and easements If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date 4 O&M Agreements, Please select one ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit, or [� I do not have a copy of the current recorded O&M Agreement for all SCMs and am ^�an,,,D'(`/ requesting a copy be sent to me I agree to keep this on file with the permit 5 Degigner Certifications, Please select one A copy of the certification(s) confirming that the project was built In accordance with the approved plans have been previously provided to the Division, or ❑ A copy of the certification(s) confirming that the project was built In accordance with the approved plans are enclosed, or ❑ The project has not yet been built 6 [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been Inspected, and that they have been built and maintained in accordance with the permit 7 [IF APPLICABLE] When the permlttee Is a corporation or a limited liability corporation (LLC) Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed In Section C 2 per 15A NCAC 2H 1043(3)(b) https //www sosnc gov/online services/search/by title/ Business //www sosnc /online services/search title/ Business Registration FEB 10 2022 BY Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 i D � PERMITTEE'S CERTIFICATION /1 4coy i �% y(� the person legally responsible for the permit, certify that I have ��aof the Permit and O&M Agreement on site or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the protect, SCMs, or ownership All information provided on this permit renewal application is, to the best of my knowledge, corr qct �and �complete /S.iiggnature Dafe/ y �� NOTARIZATION 1, C a Notary Public for the State of 1 ` A County of 00iXO n l , do hereby certify that /I personally appeared before me t this the ` day of "t 20 1�Z and acknowledge the due execution of the forgoing instrument Witness my hand and 41cial seal, O, O�ARy Notary Signaturd f, tv�DnQ' � �� i d 02 co ssio x�ires �zovV - ° �M-- 1 FEB 10 2022 BY Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 14 Permit No 251A) S O(901 F (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT Thu form may be photocopied for use as an original DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I PROJECT INFORMATION Project Name Comerstone Contact Person Dav d K Ne som, PE, Crystal Coast Engmeenng, PA Phone Number ( 910 ) 325-0006 For projects with multiple basins, specify which basin this worksheet applies to 1 elevations Basin Bottom Elevation 2200 ft (floor of the basin) Permanent Pool Elevation 2700 It (elevation of the orifice) Temporary Pool Elevation 2802 ft (elevation of the discharge structure overflow) ateas Permanent Pool Surface Area 3,861 sq ft Drainage Area 179 ac Impervious Area 124 ac (water surface area at the orifice elevation) (on -sue and off -site drainage to the basin) (on -sue and off -site drainage to the basin) volumes Permanent Pool Volume 7,343 cu ft (combined volume of main basin andforebay) Temporary Pool Volume 4,391 cu ft (volume detained above the permanent pool) Forebay Volume 1,605 cu ft (approximately 20% of total volume) Other parameters SAIDA 1 4 947 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 10 in (2 to 5 day temporary pool draw -down required) Design Rainfall 1" in Design TSS Removal 2 90 % (minimum 85%required) Fonn SWU-102 Rev 3 99 Pagel of4 Footnotes I When using the Division SA/DA tables, the correct SA/DA ratio for pernanent pool sizing should be computed based upon the actual impervious % and permanent pool depth Linear interpolation should be employed to dttermine the correct value for non- standard table entries 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification. Initials 1a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) //fcd The forebay volume is approximately equal to 20% of the basin volume The temporary pool controls runoff from the design storm event The temporary pool draws down in 2 to 5 days If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f The basin length to width ratio is greatef:11lan 3 g The basin side slopes above the permanent pool are no steeper than 3 1 h A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) i Vegetative cover above the permanent pool elevation is specified I A trash rack or similar device is provided for both the overflow and orifice k A recorded drainage easement is provided for each basin including access to nearest right- of-way 1 If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin D/MZ in A mechanism is specified which will dram the basin for maintenance or an emergency /ski /j ' III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) 0 doe es not incorporate a vegetated filter at the outlet. This system (check one) 0 does does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3 99 Page 2 of 4 Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed Inspect and repair the collection system (l e catch basins, piping, swales, riprap, etc ) quarterly to maintain proper functioning Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (I e stockpiling near a wet detention basin or stream, etc ) The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 375 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 375 feet in the forebay, the sediment shall be removed BASIN DIAGRAM Ull in the blanks) Permanent Pool Elevation 27 00 Sediment Removal El 23 25 — 75d/° ------ _ Sediment Removal Elevation 23 25 75% Bottom Elevation 2200 25% -- -___ ---' FOREBAY Bottom Elevation 22 00 MAIN POND 5 Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These plants shall be encouraged to grow along the vegetated shelf and forebay berm If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency dram shall be minimized to the maximum extent practical Form SWU-102 Rev 3 99 Page 3 of 4 7 All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print name Sandra Fountain Title President Address 145 Aldersgate Drive, Jacksonville, NC 28546 Phone 910455-2977 Signature _ r10-- Date a.?�' -mg Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president i, , a Notary Public for the State County of 6M 2-0 do hereby certify that fcf/ personally appeared before me this a\ day of ��' ZPU�° ,and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, j 13ULLOI ;�OTAR), PUB1.\G SEAL My commission expires _ 41zYl& Form S W U-102 Rev 3 99 Page 4 of 4 Permit No 6�u (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form maybe photocopied foi use as an of igmat DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I. PROJECT INFORMATION Project Name Cornerstone Village Contact Person David K Nmsom, PE, CrysW Coast Engmeemg, PA Phone Number ( 910 ) 325-0006 For projects with multiple basins, specify which basin this worksheet applies to 2 elevations Basin Bottom Elevation 2200 ft Permanent Pool Elevation 2700 ft Temporary Pool Elevation 2795 ft areas Permanent Pool Surface Area 3,325 sq ft Drainage Area 139 ac Impervious Area 099 ac (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) volumes Permanent Pool Volume 5,537 cu ft (combined volume of main basin andforebay) Temporary Pool Volume 3,520 cu ft (volume detained above the permanent pool) Forebay Volume 1,206 cu ft (approximately 20% of total volume) Other parameteis SAIDA 1 5 051 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 1 0 in (2 to 5 day temporary pool draw -down required) Design Rainfall V in Design TSS Removal 2 90 % (minimum 85% required) Fonn SWU-102 Rev 99 Pagel o1`4 Footnotes I When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth Linear interpolation should be employed to determine the correct value for non- standard table entnes 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal H. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below If a requirement has not been met, attach justification Applicants Initials a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) b The forebay volume is approximately equal to 20% of the basin volume c The temporary pool controls runoff from the design storm event d The temporary pool draws down in 2 to 5 days e If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f The basin length to width ratio is greateMan 3 1 g The basin side slopes above the permanent pool are no steeper than 3 1 h A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) 1 Vegetative cover above the permanent pool elevation is specified j A trash rack or similar device is provided for both the overflow and orifice k A recorded drainage easement is provided for each basin including access to nearest right- of-way 0l.�/ 1 If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin Lz in A mechanism is specified which will drain the basin for maintenance or an emergency Av/Y�� III WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) 0 doeoes not incorporate a vegetated filter at the outlet. This system (check one) 0 doe !does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3 99 Page 2 of 4 Maintenance activities shall be performed as follows After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed 2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed Inspect and repair the collection system (I a catch basins, piping, swales, riprap, etc ) quarterly to maintain proper functioning Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (I e stockpiling near a wet detention basin or stream, etc ) The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 375 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 375 feet in the forebay, the sediment shall be removed Sediment Removal Bottom Elevaho BASIN DIAGRAM ill in the blanks) v Permanent Pool Elevation 27 00 El 23 25 75% -- Sediment Removal Elevation 23 25 2200 25% ------------------------ Bottom Elevation 22 00 FOREBAY MAIN POND 5 Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These plants shall be encouraged to grow along the vegetated shelf and forebay berm 6 If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency dram shall be minimized to the maximum extent practical Form SWU-102 Rev 3 99 Page 3 of 4 All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print name Sandra Fountain Title President Address 145 Aldersgate Drive, Jacksonville, NC 28546 Phone 910455-2977 Signature �)Cli rn�l'o— Date `�irc)"—o(O Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president t, �l a Notary Public for the State of/a^ dr�� Gf ULil2 �n County of do hereby certify that �G�l n1(/l YG F611 end a- i4l personally appeared before me this IZ 0�1 day of(o�pM // , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, �pTARy i , s PUgOG SEAL My commission expires Form SWU-102 Rev 3 99 Page 4 of 4 State Stormwater Management Systems Permit No SW8 061018 Cornerstone Village Stormwater Permit No SW8 061018 Onslow County Designer's Certification I, L.i9ui��C N, as a State of North Carolina, having bee time) the construction of the protect, (Protect) duly registered F �n the n authorized to observe (periodically/ weekly/ full Ell for &��v �/N//-, (Protect Owner) hereby state that, to the best of my abilitibs, due care and diligence was used in the observation of the protect construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is included in the Certification Noted deviations from approved plans and specification Signature Registratic Date 0G/ RECMICNIrMO BY: DEC 2 2 2009 Page 6 of 7 FO//4.�> / State Stormwater Management Systems Permit No SW8 061018 Certification Requirements Zj,,a/ The drainage area to the system contains approximately the permitted acreage D,4./2 The drainage area to the system contains no more than the permitted amount of built -upon area All the built -upon area associated with the protect is graded such that the runoff drains to the system 774o;-/ �q� //UgTi9t 1�• All roof drains are located such that the runoff is directed into the system The outlet/bypass structure elevations are per the approved plan Zi�v�6 The outlet structure is located per the approved plans jJ-LW-7 Trash rack is provided on the outlet/bypass structure Qjiv 8 All slopes are grassed with permanent vegetation 5&z5D,.xD e d7u _C4r=- 7 2DLdZg Vegetated slopes are no steeper than 3 1 l'4110 The inlets are located per the approved plans and do not cause short- circuiting of the system �11 The permitted amounts of surface area and/or volume have been provided ?CVD 'To / � i 5ZVZ-1ROSVr�Gare con rr thWe approved pro:RvedLplans 12 Required LC )J�I3 All required desiggn depths are provided POUD ��-CD1/y%7truc i2V I / JVL. f LO011 - DA X14 All required parts of the system are provided, such as a vegetated shelf, and a forebay y rr/q� 5P/7�lGG�'Z7 (D ✓ P47ET, dr 5 The require system dimensions are provided per the approved plans cc NCDENR-DWQ Regional Office Onslow County Building Inspections Page 7 of 7 State Stormwater Management Systems Permit No SW8 061018 Certification Requirements The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area /��3 All the built -upon area associated with the protect is graded such that the runoff drains to the system D/l4 All roof drains are located such that the runoff is directed into the system Oil— 7166T 1-7/71ft -y /✓1,�-7711U-,07 ,�%�5 The outlet/bypass structure elevations are per the approved plan AUz6 The outlet structure is located per the approved plans 7JiG+/7 Trash rack is provided on the outlet/bypass structure Gt✓8 All slopes are grassed with permanent vegetation O/V 0-7� rN-_2126F,�&Al ! vegetated slopes are no steeper than 3 1 0 The inlets are located per the approved plans and do not cause short- circuiting of the system 1 The permitted amounts of surface area and/or volume have been provided f 04/D jOP/12 e R,re adovn'nf'dc7P93s2a5M�.�re/ci� (�iz /d$r9J9r�Peo9/?leY1F/F0Zns (13 All required design depths are provided 4 All required parts of thesystem are provided, such as a vegetated shelf_ and a forebay 5/ 1' '5RIZ164 7 0/V P' 7 or l4i�i��llD� /Jg�5 The required system dimensions are provided per the approved plans cc NCDENR-DWQ Regional Office Onslow County Budding Inspections Page 7 of 7 (Peg. 1 of 1) 1 �1 \1\ Prepared by Lanier Fountain & Ccnu dmg STATE OF NORTH CAROLINA COUNTY OF ONSLOW 11111Mmm®r11e1me Do* Io aWD2aVWZ(10001 T�.a W Re de i1000 9 it�rraa as R7 ord1w vlcoin v. IC Mrand K Wignatco aaa of and& 4014 434 AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDIT-IONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS THIS AMENDMENT to the Declaration of Restrictive Covenants entitled 'AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS" (hereinafter called "Protective Covenants') dated January 24 2008 and filed for record in the Office of the Register of Deeds of Onslow County in Book 3007, Page 372, is hereby made and promulgated by Hatco, Inc as follows Paragraph I l of the Declaration of Cornerstone Village Condominiums is hereby amended prior to the sale of any unit to reflect that the name of the Association is Cornerstone Village Owner's Association, Inc IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hands and seals, this the t-- day of 2008 All other provisions, restrictions and wvenants contained r the original Protective Covenants remain in full force and effect HATCO,INC By STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, a Notary Public for said Coutrty and State, certify that Vj ml G FnUn:a in with authority duly given as � IM QYaSt(iYaJ� of Hatco, Inc, personally appeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and official stamp or seal, this the day of'r[%N'UA Y A 2008 pA AOpf 1,'�, IIlIlIl Qir,f� Notary ary Public Pubblic MOM Putdo onowcouN I My commisstonexpurs Vj l.grt>?Dla Book 3014,1?.g. 134 (Page 1 of 1) .�� .^KetrAW r tan0istooa°°°af ryW ca° aal�wnr 014 OD Pap I of 104'00 Pit~rvlintl x VaMtnpren ap Of 041d1 sK3018ro209 Prepared by Lamer Fountain & Cenizzi/mg STATE OF NORTH CAROLINA COUNTY OF ONSLOW SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE THIS AMENDMENT to the Declaration of Restrictive Covenants entitled 'AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS' (hereinafter called "Protective Covenants") dated January 24, 2008 and filed for record in the Office of the Register of Deeds of Onslow County in Book 3007 Page 372, is hereby made and promulgated by Hatco, Inc as follows Pursuant to Paragraph 7 "Development Rights and Development Plan' the following units are hereby added units I through 15 and 44 through 48 IN WITNESS WHEREOF, the undersigned, being the Declarant hewn, have hereunto set their hands and seals, this the % _ day otlFe Rf , 2008 All other provisions, restrictions and covenants contained inthe anginal Protective Covenants remain in full force and effect 9 STATE OF NORTH CAROLINA COUNTY OF ONSLOW I,a Notary Public for t�t1d County and State, cenify that5Ar,,AtfPj rOa r'A with authority duly given as,>e c 1 7-c .5 of Hatco, Inc, personally appeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and official stamp or seal, this the \S d y of Fehr r 2008 `ipimn0 4 ^ �u�""�s. 'tau .IKJ `rs'pOTAgy��` Notary Public cp ? Mycommission expires 'a.1i7J. puBLIG �O? 4� 81, �tr7 11 a 3018,9age 209 (Page 1 of 1) Mom 004315310001 ivw Ww Gr";Pd :1.141 :Wa - oe 007 PM nilw County, No ae t of 1 3048 379 ap of De"' Prcparnd by Lamcr Fountain & Ccruzzi/mg / STATE OF NORTH CAROLINA COUNTY OF ONSLOW THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS THIS AMENDMFNT to the Declaration of Restrcuve Covenants entitled AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDO`IINIUMS'(hereinaftercalled 'Protective Covenants')dated January 24 2008 and tiled for record in th, Offici, ofthe Register of Deeds of Onslow County in Book 3007 Pagi. 372, is hereby made and promulgated by Hatco Inc as follows Pursuant to Paragraph 7, "Development Rights and Dcn.lopment Plan" the following units are hereby added units 16 through 43 resulting in all units being subject to said Declaration, as shown on that plat entitled "Cornerstone Village Condominium, prepared for owner I latco, Inc, Jacksonville Township Onslow, County, NC, prepared by John L Pierce & Associates PA" and recorded in UONC Book 2 Page 39 Onslow County Regisrry IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has her6unto set us hand and scal this the day of , 20N �4 \ All other provisions restrictions and covenants contained in the original Proh:Tt %c Covenants remain in full force and effect Fea ¢ 11 HATCO INC BV ,O?O�`4 i 13Y .Qu AAA tr- STATE OF NORTH CAROLINA COUNTY OF ONSLOW I a Notary Public for said County and State certify that 300WIL t with authority duly given as SanSan /1Y,m__ Sox of Haico Inc personally app(� �iOTgJiJ bltorc me this day and acknowledged—d the czecunon of the foregoing instrument = Wum.+ m hand and official stamp or seal this the 14 Aday of 13yAd{�,,�1BL1G 0 1 i. n r� n i .,'Mpraw "r // 1 ary bl¢ My Commission Expires lD d (90� aeok 3046,Pege 379 F. ARTICLE VI rld The principal place of business and street address and county of the initial registered office of the corporation in the State of North Carolina is Robert W Steele, Onslow County, North Carolina and the name of its initial registered agent at such address is 99 Marine Boulevard, Jacksonville, NC 28W ARTICLE VII The number of Directors constituting the initial Board of Directors shall be three (3) and the names and addresses of the persons who are to serve as Directors until the first meeting of the corporation are Sandra Fountain 99 Marine Boulevard Jacksonville, NC 28540 Robert W Steele 99 Marine Boulevard Jacksonville, NC 28540 Keith E Fountain 114 Old Bridge Street Jacksonville, NC 28540 ARTICLE VIII a 9 No part of the net earnings of the Corporation shall inure to the benefit of any officer, director or member of the Corporation Upon the dissolution of the Corporation, the assets of the Corporation shall be, after due provisions have been [Wade for the satisfaction of all liabilities and obligations of the Corporation, distributed to another association or associations organized for purposes substantially sundar to the purposes for which this Corporation was organized ARTICLE 1X The name and address of the incorporator is KEITH E FOUNTAIN, 114 Old Bridge Street, Jacksonville, Onslow County, North Carolina IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 19 day of July, (SEAL) KEITH E FOU AIN PP FEB 10 2022 (i l BY_ STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, the undersigned, a Notary Public of said County and State, duly commissioned to take acknowledgment and administer oaths in the State of North Carolina, do hereby certify that on this day, personally appeared before me KEITH E FOUNTAIN, who being by me first duly sworn, declares that he is the Incorporator referred to in Aruele IX of the foregoing Arucles of Incorporation, and that he signed these Articles as such and that the statements contained therein are true Witness my hand and seal this _.l__l_ day of July, 2007 _�..��'s"1'„'�",•,•.,, _ = - 'iL7/Gi7�f MQ. I� . PWIA.B►] O T A q Y My Gem EWka Notkrj Public r� s N^"^'b'112 2011 My Commission Expires b DU . [ �7 �xQ[ [ �:X' ''U B Lt G ti W leaga I of e) Xny - M 0oo ID 00420ae20001 Tyya av Ibmrdad OV24/200a at 10ras to M Few Aot aaa 00 Vasa 1 of a angle" County ra�00 rBrylaad a VaNlnatm Itaa of Dead au3007Po372-379 DECLARATION OF CORNERSTONE VILLAGE CONDONUNIUMS This Declaration is made on January I 200g, by HATCO, Inc, a North Carolina ccorporanon herematlef referred to as "Declarant" Declarant hereby stares and declares as follows A Declarant is the owner of that tract of real estate located in Omlow County North Carolina, described as being Cornerstone Village, a condominium of record at Plat Book 51 Page 227 Onslow CountyRegistry The tract of real estate and all rights and privileges appurtenant therein arc hereinafter collectively referred to as "the Property " B Declarant desires and intends to convert the Property into a condominium pursuant to N C G S Chapter 47C C Declarant also desires and intends to subject the Properly to certain covenants conditions and resmctions to be binding upon all owners of any interest in the condominium and their lessees, guests mortgagees, heirs, executors, administrators, successors and assigns THEREFORE, pursuant to N C G S §47C-2-101, Declarant hereby executes this Declaration to create Cornerstone Village Condomimum. and declares that henceforth the condominium and all units thereof shall be )field and owned subject to the following terms provisions covenants, conditions and restnctions, which shall be binding upon all owncN of any unit of the condominium and their lessees, guests, mortgagees heirs, necutors, administrators, successors and assigns I finiions The definitions set forth in N C G S §47C-1.103 shall appl) to this Declaration and am incorporated herein, except that the terms listed below shall have the spcci he meanings stated (a) "Association' shall mean Cornerstone Village Unit Owners Association a North Carolina nonprofit corporation, its successors and assigns (b) Declarant" shall mean HATCO, Inc , its successors and assigns (c) "Declaration" shall mean this Declaration of Cornerstone Village Condominium 2 Name The name of the condominium created by this Declaration is -ComeNtone Village " 3 Maximum Number of Units The maximum number of Condominium unit. which the Declarant may create at anytime is sixty-five (65) The number of presently existing units is seventeen(17) As stated in section 7 below, the Declarant reserves the nght to create an additional forty eight (48) units, 4 Description of Units The presently existing seventeen (17) units am comautad in those three (3) two-story wood -frame buildings located on the Property and designated as units 49-65 Each building contains two to five (2.5) units, with one (1) unit located on each floor The buildings and the units *ithm each building arc more fully described and depicted by those planscnutled Cornerstone Village," ofmcord at UOC Book 2 Page 39, Onslow County Book 3001,eaga 372 r (eeae 2 oe a) _ Registry which plans are incorporated herein and are hereinafter referred to as' the Plain " ibi. identifying numlict for each unit is as shown on the Plops 5 Boundaries of Units The horizontal boundaries of each unit are the intenoi surfaces of its penmetnc walls The vertical boundaries of each unit are the interior surfaces of its ceilings and floors In determining whether materials or items are common elements, limited common elements or parts of a unit, the terms and provisions of N C G S §47C-2-102 shell apply, and are incorporated herein, except all glass and external doors shall be a part of the unit and the owner shall be responsible for the maintenance of the same subject to such rules as may be established by the association as to the external appearance 6 Limited Compton Elements In deiermmuig whether materials or pestle are I common elements and how they should he allocated, the terms and provisions of N C G S §47C-2-102 shell apply, and arc mcoiporated harem In eddmon, my pair of a heating wntilanon and air condmoniiig system exclusively serving a unit that is located outside of the boundaries of the unit is a limited common element to he allocated ezdiurvely to that unit 7 Development Rights and Development Plan The Declarant reserves the right to add to Cornerstone Village Condominium shall solely consist of that tract of real estate loiaad in Onslow, County, North Carolina, that is described herein 8 Special Declarant Riah[s The Declarant reserves the following special declarant rights, which shall apply to all of the Property and which mast be exercised within five (5) yi,ars of the dale of recording of thts Declaration (a) to complete all improvements shown on the Plans, (b) to maintain a sales office and/or management office within any unit, (c) to mamtam signs advertising the condominium on the common elements and restrict any other signs (d) to use easements through the common elements for the purpose of making improvements to the Property and to the real estate described in section 7 above (e) to amend this Declaration m necessary to exercise the development rights reserved pursuant to Section 7 shove or if required by any federal agency (see subsection 17(c) below), and (f) to appoint or remove any officer or member of the executive board of the Assocttion, subject to the limitations stated in N C G S §47C-3-103(d) and (e), which are incorporated herein 9 Reservation of Easements Pursuant to N C G S §47C-2-116, the Declarant hereby reserves unto itself, its successors and assigns, such easements over all of the common cicmmts of the condominium as may be reasonably necessary to exercise the development rights specified in section 7 above and the Special Declarant Rights specified in section 8 above 10 Allocated Interests The undmiled intettats in the common elements, the common expense liability and votes in the Association (collectively "the allocated interests') nre to be allocated among all units equally on a per unit basis The allocation of interests and obligations among the presently existing units is one -seventeenth (1/17) per unit If the Declarant exercises its development right to add units to the condominium the allocated interests shall be reallocated among all then existing units equally on a per unit basis I 1 Comerstone Village Unirowners Associatton Every unit owner shall be d member of the Association Ownership of a fee interest in a out shall be the sole qualification for membership, and membership shall be appurtenant to and shall not be separated from such ownership The basic purposes and dunes of the Association shall be to manage the condominium pursuant to the terms and provisions of Article 3 of Chapter 47C of the North Carolina General Statutes, this Declaration, any Bylaws promulgated by the Association and any Rules and Regulations promulgated by the Association or its executive board, said to promote and to protect the enjoyment and beneficial wound ownership of the units The Association shall have all of the powers stated in N C G S §47C-3-102, the terms and provisions ofwhich are incorporated herein The Association shall also have the power to enforce in its own ndmL Book 3007,eege 372 (Gage 3 of at the tams and provisions of this Declaration, any bylaws promulgated by the Association and any Rules and Regulations promulgated by the Association In addition, the Association shall have the power to (a) Adopt and amend bylaws and rules and regulations, (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners (c) Hire and tennmate managing agents and other employees, agents and independent contractors, (d) Institute, defend, or intervene in its own name in litigation or acimmistrative proceedings on matters affecting the condominium (e) Make contracts and incur liabilities, (t) Regulate the use, maintenance, repair, replacement and modification of common elements, (g) Cause additional improvements to be made as a pan of the common elements, (h) Acquire, hold, encumber, and convey in its own time any right title, or interest to real or personal property, provided that common elements may be conveyed or sublemd to a security interest only pursuant to G S 47C-3.112, (r) Grant easements, leases, licenses, and concessions through or over the common elements, p) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements and for services provided to unit owners, (k) Impose charges for late payment of assessments and after notice and an opportunity to be heard, levy reasonable fines not to exceed one hundred fifty dollars (SI50 00) for violations of the declaration, bylaws, and rules and regulations of the Association, (p Impose reasonable charges for the preparetmo and recordation of amendments to the declaration, resale certificates or statements of unpaid assessments, (m) Provide for the indemmficanon of and maintain liability insurance for its officers, executive board, directors, employees and agents (n) Exercise all other powers that may be exercised in North Carolina by a nonprofit corporation, and (o) Exercise any other powers necessary and (roper for the governance and operation of the Association 12 Restrictions on Use All units shall be subject to the following restncnons on use (a) Each unit shall be used for residential purposes only, except Declarant shall base the right to maintain a sales office and management office in a unit for a period of five years No commercial activities shall be conducted in or from any unit except home occupations that do not involve physical access or visitation to the unit by any member of the general public and that do not involve any increased use whatsoever by any person of any of the common elements of the condominium or any general services provided to the condominium (such as trash removal) (b) The maximum numberof occupants of any one unit shall be that number which is the product of the number of bedrooms in a unit, as originally designed, times two, n.gerdless of the age of any of the occupants (c) Noxious, offensive or loud activities shall not be conducted within any unit Each unit owner shall refrain from any use of his or her unit which could reasonably cause embamabsment dtscomfon, annoyance m nuisance to any other unit owner or occupant (d) All governmental codes, regulations and ordmanccs applicable to a unit shall be observed (e) No unit may be subdivided seek 3007,Page 372 (Inge a of a) _ e (f) No am orals of any kind, other than common and usual household pets, shall be kept within any unit or on any of the common elements of the condominium (g) No unit shall be used for hotel or other transient residential purposes Every lease relating to any unit must be in writing, must be for a term of at least ninety, (90) dtys and must provide that the tenant is obligated to observe all applicable terms and provisions of this Declaration, the bylaws of fhe Association and any rules and regulations promulgated by thL Association or its executive board (h) All window coverings or dtessmgs within a unit shall appear white or off- white from the exterior (i) No sign shall be exhibited on m from any unit except as approved by the Unnowrtcrs Aswciatton and Declmmt for a period of five years 13 Maintenance and Assessments The Association shall maintain all of the i.omnum elamems of the condominum, mcluding the limited common elements, and assess rill of the units for the costs thereof, pursuant to N C G S §§47C-3-107 and It 3, the terms and provisions of which are incorporated harem The Association shall have the power to osam the units es set forth in those statutes, and as follows (a) Retrular Assessments The Association shall establish an adequate reserve fund for the periodic maintenance, repair and replacement of the common elcimms Thi, Association shall charge each unit on a quarterly or monthly basis (as determined by its executive board) a Regular Assessment as its share of the common expLnses and m contribution to the reserve fund (b) Special Assessments In addition to the Regular Assessments authunzid in subsection (a) above, the Association may charge each unit, many fiscal year of the Association, a Special Assessment applicable to that fiscal year only for the purpose of Mraymg, in whole or in pan, the cost of any.tmasMe" Of a�capit_al improvement upon and to any pan of the common elements, including fixtraes and persona7`property related thereto provided that any such Special Assessment must be approved by the affirmative vote of at kart two-thirds (2/3) of all units existing at the time of the vote, cast in person or by proxy at a meeting duly held in accordance with the bylaws of the Association If authonzed by the Association, Special Assessments may be paid by rout owners in monthly or quarterly installments as determined by the executive board of the Association (c) Rates of Regular and SMial Assessments Regular and Specinl Assessments shall be assessed against all units equally on a per unit basis (d) Commencement of Regular and Special Assessments Each unit sball be and become subject to Regular and Special assessments from and after the date of recording of this Declaration (e) Imnal Assessments In order to provide ininal operating funds for the Association, each unit shall be assessed an Initial Assessment at the time of first mcupum.y of the unit. The Initial Assessment shall be due and payable at closing on sale of the unit to the first unit owner who intends to occupy the unit or lease the unit for occupancy The amount of the Initial Assessment shall be an amount equal to two (2) months' Regular Assessment for each unit The Initial Assessment due from each unit pursuant to this subsection shall be in addition to all other assessments created hereunder, and shall not be credited against any other assessment (t) Maintenance of Lammed Common Elements Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed only against the unit to which that limited common element is allocated (g) Assessments for Fines The Association may assess individual units rot any fines owed to the Association by the owner(s) of the unit for violations of this Declaration or any Bylaws or Rules and Regulations promulgated by the Association Any such fine shall not Book 3007,eaga 312 (rage 5 or el IE M exceed One Hundred Fifty Dollar (SI50 00) per occurrence (h) Certificates of Assessments The Association shall, upon demand, and for a reasonable charge, famish a certificate signed by an officer of the Association sorting whether all assessmenis against a specified unit have been paid A properly executed certificate of the Association as to the status of assessments against a unit shall be binding upon the Association as of the date of its issuance (i) Payment and Collection ofAssmatmts Each of the applicable assessments described above, together with interest thereon and the costs of collection thereof, including reasonable attorney's foes, and together with late fees, if any, shall be a lien upon each unit and the personal obligation of all of the owners of such unit Assessments shall be paid in such manner and on such dates as the executive (ward of the Association may establish, which may include discounts for early payment, reasonable late fees for late payment and special requirements for unit owners with a history of late payment No unit owner may exempt bimalf form liability for assessments by non-use of common elements, abandonment of his unit or any other means The obligation to pay assessments is a separate and independent covenant on the part of each unit owner No dunmuhon or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association to take some action or perform some function required of it or for inconvenience or discomfort ansing from the making of repair or improvements, or from any other action taken by the Association Any assessment against any unit which remains unpaid for a period of thirty (30) days after delivery of a request for payment thereof shall be past due, and interest shall accrue on any unpaid amount from the date that It became past due at the rate of twelve percent (12 00%) per annum The Association shall ha, e the power to take whatever anon is necessary, at law or in equity, to collect my pas dut. assessment, together with interest, late fees and costs of collection, including reasonable attorney s fees When an assessment becomes past due, the ben created hereunder my lit. filed by the Association against the delinquent ton owner in the office of the Clerk of Superior Court ofOnslow County The hen maybe foreclosed by the Association in like manner as a monguge on real estate under power of sale pursuant to Article 2A of Chapter 45 of the North Carol Ina Cenral Statutes 0) Subordination of Lien to Flint Writing The hen created by sub,eeuon (h) above shall be subordinate to the lien of any firm mortgage Sale or transfer of any milt slhul I not affect the lien of any assessment, except that the sale or transfer of any unit pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of any assessment against the unit that first became due prior to such sale or transfer 14 Insurance The Association shag purchase, maintain in force and adrlmstLr insurance coverage as provided by N C G S §47C-3-113, the terms and provisions of which are incorporated herein In addition, the Association shall meet the following requirements regarding Insurance (a) Progeny Insurance All common elements of the condominium (including all limited common elements), except land, excavations, foundations and other nuns normally excluded by property insurance policies, shall be insured by the Association in an amount equal to at least one hundred percent (100%) of their insurable replacement value its determined annually by the Association, with the assistance of the insurance company underwriting the coverage Such coverage shall provide protethon against loss or damage by fire and other hazards or risks covered by a standard extended coverage endorsement (b) Liability lnsurnca The Association shall acquire and maintain in full force and effect a policy of msurmce which insures the Association against any liability artsmg out of the use, ownership, maintethancc and control of the common elements, any commerctal space leased or owned by the Association and any public nghtsof-way, within the Proprny a ith limits of liability therefor of not less than One Million Dollars (S 1,000,000 00) per occurrence which policy shall include an endorsement to cover liability of the Association to a single unit owner (c) OtherInsurance There shall also be obtained such other rnsumnee coverage as One Association shall from nine to time determine to be i1mrable and nccmry nr a, may be required by the Federal Housing Administration, Veterans Administration or Fedentl look 3001,rage 1112 (Page 6 of B) f National Mortgage Association (d) Waiver of Subrogation All policies of insurance required to be tamed hereunder shall contain waivers of subrogation (c) Fidelity Insurance or Bond All persons responsible for or authonzed to expend funds or otherwise deal in the assets of the Association shall first be bonded by a Fidelity insurer to indemnify the Association for any loss or default in the performance of their duties in an amount not less than the estimated maxunum of funds, including reserve funds, in the custody of the Association or its agent at any given time during the term of the bond (however, in no event shall the amount of the bond be less than a sum equal to three (3) months' aggregate assessments against all units plus reserve fonds) (f) Ouiflcntu)u3 of Insurance Carriers The Association shall obtain the insurance coverages specified herein only from carriers licensed and admitted to transact business in North Carolina and which have received an A- or better rating by the latest edition of A M Best's Insurance Rating Service (g) Proc All contracts of property insurance purchased by the Association shall be for the benefit of all of the unit owners and their mortgagees, as their interests may appear and shall provide that all proceeds thereof shall be payable to the Association or its authorized representative as insurance m stee under this Declaration Each unit owner and his mortgagee, if any, shall be beneficiaries of each insurance policy in the percenm ige of the unit owner's undivided interest in the condominium. The sole duty of the Association or its authorized representative as insurance trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes stated herein Subject to the provisions of N C G S §47C-3-113, proceeds of insurance received by the insurance trustee shall be distributed to or for the benefit of the beneficiaries in the following manner (t) proceeds shall first be paid to cover the cost of reconstruction and repair of any damage covered, (u) proceeds shall then be paid to the trustee to reimburse it for costs reasonably incurred in discharging its dunes as trustee, and (w) Any remaining proceeds shall then be distributed to the beneficiary or beneficiaries of the trust, as their interests may appear 15 Availability of Documents and Records of the Association The Association shall make reasonably available for examination true copies of this Declaration and of all bylaws, rules and regulations, books, records and current financial statements of the Association to the following (a) unit owners and their agents and mortgagees, and (b) contract purchasers of units and their agents and prospective mortgagees Upon written request from any governmental agent) holding, insuring or guaranteeing any mortgage against any unit of the condominium the Association shall provide a copy of an audited financial statement of the Association for the immediately preceding fiscal year to the requesung agency within a reasonable period of a me 16 Notices to lenders Upon written request from any entity holding, msurmg or guaranteeing a mortgage against any unit of the eondomimun4 the Association shall provide the requesting entity with timely written notice of (a) any proposed amendment to this Declaration (b) any proposed termination of the condominium, (c) any condemnation of or less, destruction or damage to the condominium which affects a material portion of the condominium or any unit against which there is a mortgage held, insured or guaranteed by the requi sung entity Book 3007,Pege 312 (Pegg 7 of B) 'Arm (d) any delinquency of sixty (60) days or more in payment of any assessments due from the owner(s) of any unit against which there rs a mortgage held, insured m guaranteed by the requesting entity, and (e) any lapse, cancellation or material modification of any insurance coverage held by the Association 17 General Provisions (a) Parties Bound All persons and entities acquiring any interest in any of the units, including but not limited to lessees, shall be bound by the provisions of this Declaration All guests and invilees of such persons and entities, and any other occupants of any of the units shall Irkew sc be bound (b) Duration The provisions of this Declaration shall rim with and bind the Property perpetually, unless rescinded pursuant to subsection (c) below (c) Amendment or Rescission Except as provided herein, this Declaration may be amended or rescinded only by a written instrument executed by the Association and authorized by the affirmative vote of at least two-thirds (713) of all wets existing at that time, cast in person or by proxy at a meeting duly held in accordance with the bylaws of the Association, provided that the terns and provisions of this Declaration may be amended by the Declarant at any time within five (5) years of the dace of recording of this Declaration, without the approval of the Association or any other party, as necessary to exercise the development rights reserved in Section 7 above or if the proposed amendment is required to obtain any approval of HUD, FHA, VA, FNMA or FHLMC Any amendment or rescission must be recorded at the Onslow County Registry to be effective (d) Enforcement The Declarant, any unit owner and/or the Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, and obligations imposed by this Declaration The Declarant, the Association or any unn owner may bong any action necessary to enjoin any violation or breach of the provisions of this Declaration and/or to recover damages therefor The Declarant, the Association and/or any unit owner shall be entitled to recover reasonable attorneys fees incurred in bringing and prosecuting such action from the breaching or violating umt owner(s) (e) Failure to Enforce Nola Waiver The failure to enforce any right, reservation, covenant or restriction contained in this Declaration, however long continued shal I not be deemed a weaver of the right to do so thereafter tt) Severabdnv Invalidation of any one of these covenants or it stnuions by judgment or court order shall not affect any of the other provisions of this Declaration a hich shall remain in full force and effect (g) Cantons -Me captions herein are inserted only as a matter of convenience and for reference, and shall not be construed to define, limit or describe the si.ope of any provrsion of this Declaration - pursuant to the I C (h) Law Controllma Thus Declaration shall be construed and govtmcd/ J laws of North Carolina (1) References to Statutes All references herein to tiny statutory prof i+ion shall be construed to include and apply to any subsequent amendments to or replacements of such provision IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by m aothorized officers and its corporate seal to be affixed hereon, on the date shown above Book 3007,Page 372 (pnga fi of 9) /' HATCO, INC By NORTH CAROLINA, N/ _ COUNTY I. A.yludo a Votary Public do hereby cLrttty that Lip�IM t , r�{ra PrrsVlesl n(#1a:rn Ine , a tympany personally appeared before tits this day artd acknowledge the due ea motion of the foregoing instmmeat on behalf of the company Witness my hand and official seal this the 2eday of , 2a„uniwnwp� 3$IWDAGO q: My commission eaptres ypYnayr� r 9 d? O— 9�, NotaryPubic a 'rO�r paoMe 5 O^uor� STATE OF NORTH CAROLINA, COUNTY �"�,CAiaOo""'� The foregoing certificate of , A Notary PubhL m the designated Gosemmental unit, is mi-itfied to be correct Thus instrument was presented for regismtton this _day of , 2 _, at o clock _ M , imd duly recorded in the office of the Register of Deeds of County, North Carolina in Book Page This the day of 7 Register of Deeds By Assistam/Depuly Register of Duds Book 3007,1age 372 (NONPROFIT) ARTICLES OF INCORPORATION OF SOSID 0992395 Date Filed 7/26/2007 4 12 00 PM Elaine F Marshall North Carolina Secretary of State C200720500166 CORNERSTONE VILLAGE OWNER'S ASSOCIATION, INC This is to certify, that we, the undersigned, do hereby associate ourselves into a nonprofit corporation under and by virtue of the laws of the State of North Carolina as contained in Chapter 55A of the General Statutes entitled "Nonprofit Corporation Act", and the several amendments thereto, and to that end do hereby set forth ARTICLE I The name of the Corporation is CORNERSTONE VILLAGE OWNER'S ASSOCIATION, INC ARTICLE II cA The period of duration of the Corporation is unlimited F ?0^ ' ARTICLE III Ilk `a �� \ The purpose or purposes for which the Corporation is organized are a) To operate and maintain common areas of Cornerstone Village b) To engage in any lawful act or activity for which corporations may be organized And in order properly to prosecute the objects and purposes above set forth, the corporation shall have full power and authority to purchase, lease and otherwise acquire, hold, mortgage, convey and otherwise dispose of all kinds of property, both real and personal, both in this State and in all other states, territories and dependencies of the United States, and generally to perform all acts which may be deemed necessary or expedient for the proper and successful prosecution of the objects and purposes for which the corporation is created ARTICLE IV The corporation shall have members which may be divided into such classes as shall be provided in the by-laws All members shall be accepted, appointed elected or designated in the manner provided in the by-laws ARTICLE V The Corporation is to have no capital stock ARTICLE V1 The principal place of business and street address and county of the moral registered office of the corporation in the State of North Carolina is Robert W Steele, Onslow County, North Carolina and the name of its initial registered agent at such address is 99 Marine Boulevard, Jacksonville, NC 28540 ARTICLE VIf The number of Directors constituting the initial Board of Directors shall be three (3) and the names and addresses of the persons who are to serve as Directors until the first meeting of the corporation are Sandra Fountain 99 Marine Boulevard Jacksonville, NC 28540 Robert W Steele 99 Marine Boulevard Jacksonville, NC 28540 Keith E Fountain 114 Old Bridge Street Jacksonville. NC 28540 ARTICLE VIII No part of the net earnings of the Corporation shall more to the benefit of any officer, director or member of the Corporation Upon the dissolution of the Corporation, the assets of the Corporation shall be, after due provisions have been made for the satisfaction of all liabilities and obligations of the Corporation, disuibuted to another association or associations organized for purposes substantially similar to the purposes for which this Corporation was organized ARTICLE 1X The name and address of the incorporator is KEITH E FOUNTAIN, 1 14 Old Bridge Street, Jacksonville, Onslow County, North Carolina 2007 IN WITNESS WHEREOF I have hereunto set my hand and seal this the � day of July, (SEAL) KEITH E FOU AIN FEB 0 2OZ? BY S'I ATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, the undersigned, a Notary Public of said County and State, duly commissioned to take acknowledgment and administer oaths in the State of North Carolina, do hereby certify that on this day, personally appeared before me KEITH E FOUNTAIN, who being by me first duly sworn, declares that he is the incorporator referred to in Article IX of the foregoing Articles of Incorporation, and that he signed these Articles as such and that the statements contained therein are true Witness my hand and seat this / ( day of July, 2007 .•"""""••. M TAR; � �� W� o I ' 1 . 1 ✓vt,+C/i] MY Comm Ewes No r Public I' g Noremeer 19 2011 UMy Commission Expires 00 sap =�ZS pU S LtG 2�? C201111800181 SOSID 0992395 Date Filed 5/3/2011 4 4100 PM Elaine F Marshall North Carolina Secretary of State C201111800181 STATEMENT OF CHANGE OF REGISTERED OFFICE AND REGISTERED AGENT OF CORNERSTONE VILLAGE OWNER'S ASSOCIATION, INC The undersigned entity submits the following for the purpose of changing its registered office and its registered agent in the State of North Carolina The name of the entity is Cornerstone Village Owner's Association, Inc, a North Carolina non-profit corporation The street and mailing address and county of the current registered office of the entity are 99 Marine Boulevard, Jacksonville, Onslow County, NC 28540 The street address and county of the new registered office of the entity are 1001 College Court, New Bern, Craven County, NC 28562 and the mailing address of the new registered office of the entity is Post Office Box 867, New Bern, NC 28563-0867 4 The current registered agent of the entity is Robert W Steele 5 The name of the new registered agent of the entity is WASLAW,LLC 6 The new registered agent's written consent to appointment appears below 7 The address of the entity's registered office and the address of the business office of the entity's registered agent, as changed, will be identical This the -2 day of p'I.mk 2011 CORNERSTONE VILLAGE OWNER'S ASSOCIATION, INC By "Ar� Name ,'t✓ ' T Title C201111800181 Registered Agent WASLAW, LLC By Ward and Smith, P A Member/Manager By Alexander C Dale, Vice President Prepared by and return to Alexander C Dale For the firm of Ward and Smith, P A 1001 College Court PO Box 867 New Bern, NC 28563-0867 Telephone (252) 672-5400 Facsimile (252) 672-5477 ND 4844-6692-6344,v I C201111800181 SOSID 0992395 Date Filed 5/3/2011 4 41 00 PM Elaine F Marshall North Carohna Secretary of State C201111800181 STATEMENT OF CHANGE OF REGISTERED OFFICE AND REGISTERED AGENT OF CORNERSTONE VILLAGE OWNER'S ASSOCIATION, INC. The undersigned entity submits the following for the purpose of changing its registered office and its registered agent in the State of North Carolina The name of the entity is Cornerstone Village Owner's Association, Inc, a North Carolina non-profit corporation The street and mailing address and county of the current registered office of the entity are 99 Marine Boulevard, Jacksonville, Onslow County, NC 28540 The street address and county of the new registered office of the entity are 1001 College Court, New Bern, Craven County, NC 28562 and the mailing address of the new registered office of the entity is Post Office Box 867, New Bern, NC 28563-0867 The current registered agent of the entity is Robert W Steele 5. The name of the new registered agent of the entity is WASLAW,LLC The new registered agent's written consent to appointment appears below The address of the entity's registered office and the address of the business office of the entity's registered agent, as changed, will be identical This the —3 day of /i ^ink 2011 CORNERSTONE VILLAGE OWNER'S ASSOCIATION, INC By 211YA,0,� Name Weaw T,v Title Prm J.,,1 C201111800181 Registered Agent WASLAW, LLC By Ward and Smith, P A Member/Manager w BY /O'er Alexander C Dale, Vice President Prepared by and return to Alexander C Dale For the firm of Ward and Smith, P A 1001 College Court PO Box 867 New Bern, NC 28563-0867 Telephone (252) 672-5400 Facsimile (252) 672-5477 ND 4844-6692-6344,v 1 2 Doc ID 45301 Type CRP Recorded 0014/14/203108100et 04 08 07 PM Fee Amt $4 00 Page 1 of 1 Onslow County, NC Maryland K Washington Reg of Deed, BK3048 Pg379 1:zMCMXVM" DEC 2 2 2009 Prepatcd by Lamer Fountain & CCtnZ7.i/ing BY STATE OF NORTH CAROLINA COUNTY OF ONSLOW THIRD AMENDMENT 10 DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS THIS AMENDMENT to the Declaration of Restrictive Covenants entitled "AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRIC PIONS OF CORNERSTONE VILLAGE CONDOMINIUMS" (hetemalter called "Protective Covenants") dated January 24, 2008 and filed foi tecmd u1 the Office of the Register of Deeds of Onslow County in Book 3007, Page 372, is hereby made and promulgated by I latco, Inc as follows Pursuant to Paragraph 7, "Development Rights and Development Plan", the following units are hereby added mats 16 through 43, resulting in all units being subject to said Declaration, as shown on that plat entitled "Cornerstone Village Condominium, prepared for owner, 1-IatCO, Inc , Jacksonville Township, Onslow County, NC, prepared by John L PietCL & Associates, PA" and recoided in UONC Book 2, Page 39, Onslow County ReglSby IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has het eunto set its hand and seal, this the VJ_ day of A pr-& L , 2008 All other provisions, restrictwns and covenants contained ruin the original Protective Covenants runam m full force and effect HATCO, INC By AV - STATE OF NOR I'H CAROLINA COUNTY OF ONSLOW ,rr ilOriSLAIJ, " FJYI I I, a Notary Public for said County and State, certify that Snk- W/tLs�b y with author ty duly given as S¢C ITatisit4a of Ilatco, Inc, , personally appea NOTARY ��9= betoie me this day and acknowledged the execution of the foregoing instrument = e Witness m hand and ofticral stamp of seal, this the lq�day of =-AJ+ PUBLIC, 20008 Notary Nblic My Commission Expires (a aa� Doc ID 004228010001 Type CRP Recorded 02/15/2008 at 03 Oq 56 Ph Fee Amt 81q 00 Page 1 ofMarY1 Onslou County, NC BK31018 P0209 Reg of Deeds (� PlLpaied by Lamer Fountain & Cciuzzi/mg STATE OF NORTI I CAROLINA COUNTY OF ONSLOW SECOND AMENDMENT TO DECLARA 1 ION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESIRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS THIS AMENDMENT to the Declaration of Restrictive Covenants entitled "AMENDMENT TO DECLARA fION OF RESTRICTIVE COVENANTS, CONDITIONS AND RES FRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS" (heiemafter called "PtotectrvL Covenants") dated January 24, 2008 and tiled for record in the Office of the Register of Deeds of Onslow County in Book 3007, Page 372, is hereby made and promulgated by Mateo, Inc as follows PwSuant to Paragraph 7, "Development Rights and Development Plan", the following units die hereby added units 1 through 15 and 44 through 48 IN WITNESS WHEREOF, the undersigned, being the Declaiant herein, have hereunto set then hands and seals, this the IS day of—t ebox Ar , 2008 All other provisions, restrictions and covenants contained u1 the original Protective Covenants remain in full force and effect IIATCO, INC \ BX�CVV�UnU..J STATE OF NORTH CAROLINA COUNTY OF ONSLOW I, a Notary Public to[ said County and State, certify that5 Pw ATPt-OwyC}E},1 rl with authority duly given asS-ec 1 Tr e5 of Hatco, h1c , personally appealed betoie me this day and acknowledged the execution of the foregoing instrument WRnL55 my hand and official stamp or seal, this the 1S d y of Fr�pCUp1f 2008 aill NOTAgy Notary Pu the y �p My commission cxpucs s� I/BLIG V' Prepared by Lamer Fountain & Ceruzzi/nig STATE OF NORTH CAROLINA COON TY OF ONSLOW Doc ID 004220300001 Type CRP Recorded 02/08/2008 at 01 53 36 PM Fee Amt $14 00 Page 1 of 1 onslou County, NC maryland K WashlnRton Reg of Deeds BK3014 Pa734 AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RES I'RICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS TIIIS AMENDMENT to the Declaration of Restrictive Covenants entitled "AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE VILLAGE CONDOMINIUMS" (hciemafter called "Protective Covenants") dated January 24, 2008 and filed lot record in the Office of the Register of Deeds of Onslow County in Book 3007, Page 372, is hereby made and ptonwlgated by Hatco, Inc as follows Patagiaph I I of the Declaration of Cornerstone Village Condominiums is heteby amended prior to the sale of any unit to reflect that the name of the Association is Cornerstone Village Owner's Association, Inc IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have heieunto set their hands and seals, this the 4�-- day of g �� 2008 All other provisions, restrictions and covenants contamcd m the original Piotecuve Covenants remain in full force and effect HATCO, INC By n✓w1. STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, a Notary Public tot said County and State, certify that UA3 ft � m}AIr) with author my P�y duly given as � tm SI A�' Aof Hatco, Inc , personally appeared before me this day and acknowledged the execution of the fotegomg instrument 2008 Witness my hand and official stamp or seal, this the _V—dk ay of Rbyy k, ��— Gi0010�/,i �F< Notary Public Notmy Public = Y p N Y.�k < ! Z12a, OnslowCounty = M commission ex ues 6� ��i.RrN CA�C,a�`p Doc ID 004205420008 Type CRP Recorded 01/24/2008 at 10 33 13 AM Fee Amt $35 00 Page 1 of 8 Onslow County, NC Marvland K Washington Reg of Deed BK3007 PG372-379 M DECLARATION OF CORNERSTONE VILLAGE CONDOMINIUMS DEC 2 2 2009 This Declaration is made on January Al Y 2008, by HATCO, Inc, a Noah Carolina ccotpotatron, hereinafter referred to as "Declarant " Declarant hereby states and declares as follows A Declarant is the owner of that tract of real estate located in Onslow County, North Carolina, described as being Cornerstone Village, a condominium of record at Plat Book 51 Page 227, Onslow County Registry The tract of real estate and all rights and privileges appurtenant theieto ate hereinafter collectively referred to as "the Property " B Declarant desires and intends to convert the Property into a condominium putsuantto N C G S Chapter47C C Declarant also desires and intends to subject the Property to certain covenants, conditions and restrictions to be binding upon all owners of any interest in the condominium and their lessees, guests, mortgagees, heirs, executors, administrators, successors and assigns THEREFORE, pursuant to N C G S §47C-2-101, Declarant hereby executes this Declaration to create Cornerstone Village Condominium, and declares that henceforth the condominium and all units thereof shall be held and owned subject to the following terms, ptovt5rons, covenants, conditions and restrictions, which shall be binding upon all owners of any unit of the condominium and their lessees, guests, mortgagees, heirs, executors, administrators, successors and assigns l Definitions The definitions set forth in N C G S §47C-1-103 shall apply to this Declaration and are incorporated herein, except that the terms listed below shall have the specific meanings stated (a) "Association" shall mean Cornerstone Village Unit Owners Association, a North Carolina nonprofit corpotatton, its successors and assigns (b) "Declarant" shall mean HATCO, Inc , its successors and assigns (c) "Declaration" shall mean this Declatation of Cornetstone Village Condominium 2 Name The name of the condominium created by this Declaration is "Cornerstone Village" 3 Maximum Number of Units The maximum number of Condominium units which the Declarant may create at any time is sixty-five (65) The number of presently existing units is seventeen (17) As stated in section 7 below, the Declarant reserves the right to create an additional forty eight (48) units 4 Description of Units The presently existing seventeen (17) units are contained in those three (3) two-story wood -frame buildings located on the Property and designated as units 49-65 Each building contains two to five (2-5) units, with one (1) unit located on each floor The buildings and the units within each building are more fully described and depicted by those plans entitled, "Cornerstone Village," of record at UOC Book 2 Page 39, Onslow County Registiy, which plans are incorporated heieni and are heiemafter referred to as "the Plans " The identifying number for each unit is as shown on the Plans 5 BOUndaries of Units The horizontal boundaries of each unit are the interior surfaces of its penmetnc walls The vertical boundaries of each unit are the interior surfaces of its ceilings and floors In determining whether materials or items are common elements, limited common elements or parts of a unit, the terms and provisions of N C G S §47C-2-102 shall apply, and are incorporated herein, except all glass and external doors shall be apart of the unit and the owner shall be responsible for the maintenance of the same subject to such rules as may be established by the association as to the external appearance 6 Limited Common Elements In determining whether materials of items aie limited common elements and how they should be allocated, the terms and provisions of N C G S §47C-2-102 shall apply, and are incorporated herein In addition, any part of a heating, ventilation and air conditioning system exclusively serving a unit that is located outside of the boundai ies of the unit is a limited common element to be allocated exclusively to that unit 7 Development Rights and Development Plan The Declarant reserves the right to add to Cornerstone Village Condominium shall solely consist of that tract of real estate located in Onslow County, North Carolina, that is described herein 8 Special Declai ant Rights The Declarant reserves the following special declarant rights, which shall apply to all of the Property and which must be exercised within five (5) years of the date of recording of this Declaration (a) to complete all impiovements shown on the Plans, (b) to maintain a sales office and/oi management office within any unit, (c) to maintain signs advertising the condominium on the common elements and restrict any other signs, (d) to use easements through the common elements for the purpose of making improvements to the Property and to the real estate described in section 7 above, (e) to amend this Declaration as necessary to exercise the development rights reserved pursuant to Section 7 above or if required by any federal agency (see subsection 17(c) below), and (f) to appoint or remove any officer or member of the executive board of the Association, subject to the limitations stated in N C G S §47C-3-103(d) and (e), which are incorporated herein 9 Rescivation of Easements Pursuant to N C G S §47C-2-1 l6, the Declarant hereby reserves unto itself, its successors and assigns, such easements ovci all of the common elements of the condominium as may be reasonably necessary to exercise the development rights specified in section 7 above and the Special Declarant Rights specified in section 8 above 10 Allocated Interests The undivided interests in the common elements, the common expense liability and votes in the Association (collectively, "the allocated interests") aie to be allocated among all units equally on a per unit basis The allocation of interests and obligations among the presently existing units is one -seventeenth (1/17) per unit If the Declarant exercises its development right to add units to the condominium, the allocated interests shall be reallocated among all then existing units equally on a per unit basis I 1 Cornerstone Village Unitowners Association Every unit owner shall be a membei of the Association Ownership of a fee interest in a unit shall be the sole qualification for mcmbership, and membership shall be appurtenant to and shall not be separated from such owneiship The basic purposes and duties of the Association shall be to manage the condominium pui suant to the terms and provisions of Article 3 of Chaptei 47C of the North Carolina General Statutes, this Declaration, any Bylaws promulgated by the Association and any Rules and Regulations promulgated by the Association or its executive board, and to promote and to protect the enjoyment and beneficial use and ownership of the units The Association shall have all of the powers stated in N C G S §47C-3-102, the terms and provisions of which are incorporated herein The Association shall also have the power to enforce in its own name the terms and provisions of this Declaration, any bylaws promulgated by the Association and any Rules and Regulations promulgated by the Association In addition, the Association shall have the power to (a) Adopt and amend bylaws and rules and regulations, (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners, (c) Hire and terminate managing agents and other employees, agents, and independent contractors, (d) Institute, defend, or intervene in its own name in litigation or administrative proceedings on matters affecting the condominium, (e) Make contracts and incur liabilities, (t) Regulate the use, maintenance, repair, ieplacement, and modification of common elements, (g) Cause additional improvements to be made as a part of the common elements, (h) Acquue, hold, encumber, and convey in its own name any right, title, of interest to real or personal property, provided that common elements may be conveyed or subjected to a security interest only pursuant to G S 47C-3-112, (1) Grant casements, leases, licenses, and concessions through or over the common elements, (I) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements and for services provided to unit owners, (k) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines not to exceed one hundred fifty dollars ($150 00) for violations of the declaration, bylaws, and rules and regulations of the Association, (1) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates of statements of unpaid assessments, (m) Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees and agents, (n) Exercise all other powers that may be exercised in North Carolina by a nonprofit corporation, and (o) Exercise any other powers necessary and proper for the governance and operation of the Association 12 Resti fictions on Use All units shall be subject to the following restrictions on use (a) Each unit shall be used for residential purposes only, except Declarant shall have the right to maintain a sales office and management office in a unit for a period of five years No commercial activities shall be conducted in or from any unit, except home occupations that do not involve physical access or visitation to the unit by any member of the general public and that do not involve any increased use whatsoever by any person of any of the common elements of the condominium or any general services provided to the condominium (such as trash removal) (b) The maximum number of occupants of any one unit shall be that number which is the product of the number of bedrooms in a unit, as originally designed, times two, regardless of the age of any of the occupants (c) Noxious, offensive or loud activities shall not be conducted within any unit Each unit owner shall refrain from any use of his or her unit which could reasonably cause embauassment, discomfort, annoyance or nuisance to any other unit owner or occupant (d) All governmental codes, regulations and ordinances applicable to a unit shall be obseived (e) No unit may be subdivided (0 No animals of any kind, other than common and usual household pets, shall be kept within any unit or on any of the common elements of the condominium (g) No unit shall be used for hotel or other transient residential purposes Eveiy lease relating to any unit must be in writing, must be for a term of at least ninety (90) days and must provide that the tenant is obligated to observe all applicable teams and provisions of this Declaration, the bylaws of the Association and any rules and regulations promulgated by the Assowation or its executive board (h) All window coverings or dressings within a unit shall appear white or off- white hom the exterior (1) No sign shall be exhibited on of from any unit, except as approved by the Unitowners Association and Declarant for a pet rod of five years 13 Maintenance and Assessments The Association shall maintain all of the common elements of the condominium, including the limited common elements, and assess all of the units for the costs thereof, pursuant to N C G S §§47C-3-107 and 113, the terms and provisions of which are incorporated herein The Association shall have the power to assess the units as set forth in those statutes, and as follows (a) Regular Assessments The Association shall establish an adequate reserve fund for the periodic maintenance, repair and replacement of the common elements The Association shall charge each unit on a quarterly or monthly basis (as determined by its executive board) a Regular Assessment as its share of the common expenses and its contribution to the ieserve fund (b) Special Assessments In addition to the Regular Assessments authorized in subsection (a) above, the Association may charge each unit, in any fiscal year of the Association, a Special Assessment applicable to that fiscal year only for the purpose of defraying, in whole of in part, the cost of any construction of a capital improvement upon and to any pai t of the common elements, including fixtures and personal property related thereto, provided that any such Special Assessment must be approved by the affirmative vote of at least two-thirds (2/3) of all units existing at the time of the vote, cast in person or by proxy at a meeting duly held in accordance with the bylaws of the Association If authorized by the Association, Special Assessments may be paid by unit owners in monthly or quarterly installments, as determined by the executive board of the Association (c) Rates of Regular and Special Assessments Regular and Special Assessments shall be assessed against all units equally on a pei unit basis (d) Commencement of Regular and Special Assessments Each unit shall be and become subject to Regular and Special assessments from and after the date of recording of this Declaration (e) Initial Assessments In order to provide initial opeiating finds foi the Association, each unit shall be assessed an Initial Assessment at the time of first occupancy of the unit The lmtial Assessment shall be due and payable at closing on sale of the unit to the first unit owner who intends to occupy the unit or lease the unit for occupancy The amount of the Initial Assessment shall be an amount equal to two (2) months' Regular Assessment for each unit The Initial Assessment due from each unit pursuant to this subsection shall be in addition to all other assessments created hereunder, and shall not be credited against any other assessment (0 Maintenance of Limited Common Elements Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed only against the unit to which that limited common element is allocated (g) Assessments for Fines The Association may assess individual units fin any fines owed to the Association by the owner(s) of the unit for violations of this Declaration or any Bylaws or Rules and Regulations promulgated by the Association Any such fine shall not exceed One Hunched Fifty Dollars ($150 00) per occurrence (h) Certificates of Assessments The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association stating whether all assessments against a specified unit have been paid A properly executed certificate of the Association as to the status of assessments against a unit shall be binding upon the Association as of the date of its issuance (i) Payment and Collection of Assessments Each of the applicable assessments described above, together with mteiest thereon and the costs of collection thereof, including reasonable attorney's fees, and together with late fees, if any, shall be a lien upon each unit and the personal obligation of all of the owners of such unit Assessments shall be paid in such manner and on such dates as the executive board of the Association may establish, which may include discounts for early payment, reasonable late fees for late payment and special iequnements for unit owners with a history of late payment No unit owner may exempt himself from liability foi assessments by non-use of common elements, abandonment of his unit, or any other means The obligation to pay assessments is a separate and independent covenant on the part of each unit owner No diminution or abatement of assessments or set-off shall be claimed of allowed foi any alleged failure of the Association to take some action oh perform some function required of it, or for inconvenience of discomfort arising from the making of repairs of improvements, or from any other action taken by the Association Any assessment against any unit which remains unpaid for a period of thirty (30) days after delivery of a request for payment thereof shall be past due, and interest shall accrue on any unpaid amount from the date that it became past due at the rate of twelve percent (12 00%) per annum The Association shall have the power to take whatever action is necessahy, at law or in equity, to collect any past due assessment, together with interest, late fees and costs of collection, including reasonable attorney's fees When an assessment becomes past due, the lien created hereunder maybe tiled by the Association against the delinquent unit owner in the office of the Clerk of Superior Couit of Onslow County The lien may be foreclosed by the Association in like manner as a mortgage on real estate under power of sale pursuant to Article 2A of Chapter 45 of the North Carolina General Statutes 0) Subordination of Lien to Fast Mortgages The lien created by subsection (h) above shall be suboidinate to the lien of any fist mortgage Sale oh transfer of any unit shall not affect the lien of any assessment, except that the sale or transfer of any unit pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of any assessment against the unit that first became due prior to such sale or transfer 14 Insuance The Association shall purchase, maintain in force and admmistei insurance coveiage as piovided by N C G S �47C-3-113, the terms and provisions of which aie incorporated herein In addition, the Association shall meet the following requirements regarding insurance (a) Property Insuhance All common elements of the condominium (including all limited common elements), except land, excavations, foundations and other items normally excluded by property insurance policies, shall be insured by the Association in an amount equal to at least one hundred percent (100%) of their Insurable ieplacement value as determined annually by the Association, with the assistance of the insurance company underwriting the coverage Such coverage shall provide protection against loss or damage by fire and other hazaids or risks covered by a standard extended covei age endorsement (b) Liability Insurance The Association shall acquire and maintain in lull foice and effect a policy of insurance which insures the Association against any liability al ising out of the use, ownership, maintenance and control of the common elements, any commercial space leased or owned by the Association and any public rights -of -way within the Property, with limits of liability therefor of not less than One Million Dollars ($1,000,000 00) per occurrence, which policy shall include an endorsement to cover liability of the Association to a single unit owner (c) Other Insurance There shall also be obtained such other insurance coverage as the Association shall from time to time determine to be desirable and necessahy or as may be required by the Federal Housing Administration, Veterans Administration or Fedei al National Mortgage Association (d) Waiver of Subrogation All policies of insurance required to be carried hereunder shall contain waivers of subrogation (e) Fidelity Insurance or Bond All persons responsible for or authorized to expend funds or otherwise deal in the assets of the Association shall first be bonded by a fidelity insurer to indemnify the Association for any loss or default in the performance of their duties in an amount not less than the estimated maximum of funds, including ieserve funds, in the custody of the Association or its agent at any given time during the term of the bond (however, in no event shall the amount of the bond be less than a sum equal to three (3) months' aggregate assessments against all units plus reserve funds) (t) Qualifications of Insurance Carriers The Association shall obtain the insurance coverages specified herein only from carriers licensed and admitted to transact business in North Carolina and which have received an A- or better rating by the latest edition of A M Best's Insurance Rating Service (g) Proceeds All contracts of property insurance purchased by the Association shall be for the benefit of all of the unit owners and their mortgagees, as their interests may appear, and shall provide that all proceeds thereof shall be payable to the Association or its authorized representative as insurance trustee under this Declaration Each unit owner and his mortgagee, if any, shall be beneficiaries of each insurance policy in the percentage of the unit owner's undivided interest in the condominium The sole duty of the Association or its authorized representative as insurance trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes stated herein Subject to the provisions of N C G S §47C-3-113, proceeds of insurance received by the insurance trustee shall be distributed to of for the benefit of the beneficiaries in the following manner (i) Proceeds shall first be paid to cover the cost of reconstruction and repair of any damage covered, (ii) Proceeds shall then be paid to the trustee to reimburse it for costs reasonably incurred in discharging its duties as trustee, and (in) Any remaining proceeds shall then be distributed to the beneficiary or beneficiaries of the trust, as their inter ests may appear 15 Availability of Documents and Records of the Association The Association shall make reasonably available for examination true copies of this Declaration and of all bylaws, rules and regulations, books, records and current financial statements of the Association, to the following (a) unit owners and their agents and mortgagees, and (b) contract purchasers of units and their agents and prospective mortgagees Upon written request from any governmental agency holding, insuring or guaranteeing any mortgage against any unit of the condominium, the Association shall provide a copy of an audited financial statement of the Association for the immediately preceding fiscal year to the requesting agency within a reasonable period of time 16 Notices to Lenders Upon written request from any entity holding, insuring of guaranteeing a mortgage against any unit of the condominium, the Association shall provide the requesting entity with timely written notice of (a) any proposed amendment to this Declaration, (b) any proposed termination of the condominium, (c) any condemnation of or loss, destruction or damage to the condominium which affects a matei ial portion of the condominium or any unit against which there is a mortgage held, insured or guaianteed by the requesting entity, (d) any delinquency of sixty (60) days or more in payment of any assessments due from the owner(s) of any unit against which there is a mortgage held, insured or guaranteed by the requesting entity, and (e) any lapse, cancellation or material modification of any insurance coverage held by the Association 17 General Provisions (a) Parties Bound All persons and entities acquiring any interest in any of the units, including but not limited to lessees, shall be bound by the provisions of this Declaration All guests and invitees of such persons and entities, and any other occupants of any of the units, shall likewise be bound (b) Duration The provisions of this Declaration shall lun with and bind the Property peipetually , unless rescinded pursuant to subsection (c) below (c) Amendment or Rescission Except as provided herein, this Declaration may be amended or i escinded only by a written instrument executed by the Association and authorized by the affirmative vote of at least two-thirds (2/3) of all units existing at that time, cast in person or by proxy at a meeting duly held in accordance with the bylaws of the Association, provided that the terms and provisions of this Declaration may be amended by the Declarant at any time within five (5) years of the date of recording of this Declaration, without the appi oval of the Association of any other party, as necessary to exercise the development rights reseived in Section 7 above or if the proposed amendment is required to obtain any approval of HUD, FHA, VA, FNMA or FHLMC Any amendment or rescission must be recorded at the Onslow County Registry to be effective (d) Enforcement The Declarant, any unit owner and/or the Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, and obligations imposed by this Declaration The Declarant, the Association of any unit owner may bung any action necessary to enjoin any violation or breach of the provisions of this Declaration, and/or to recover damages theretor The Declarant, the Association and/oi any unit owner shall be entitled to recover reasonable attorney's fees incurred in bringing and piosecutmg such action from the breaching or violating unit owner(s) (e) Failure to Enforce Not a Waiver The failure to enforce any right, reservation, covenant or restriction contained in this Declaration, however long continued, shall not be deemed a waiver of the right to do so thereaftei (f) Severability Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect (g) Captions The captions herein are inserted only as a matter of convenience and for reference, and shall not be construed to define, limit or describe the scope of any provision of this Declaiation (h) Law Controlling This Declaration shall be construed and governed pursuant to the laws of North Carolina (r) References to Statutes All references herein to any statutory provision shall be construed to include and apply to any subsequent amendments to or replacements of such provision IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by its autho ized officers and its corporate seal to be affixed hereto on the date shown above HATCO, INC By NORTH CAROLINA, SI bV\/ COUNTY 1, AiggnAA :i i76 B , allotary Public, do hereby certify that &Ah 1f ire VMsJck-�i of Ham, a Nol i'1 CM[Inq company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company Witness my hand and official seal this the .4ay of My commission expires ftMkAr 2, Rol?. STATE OF NORTH CAROLINA, COUNTY The foregoing certificate of XX L"P01DA IG`O /�G'i Nof °fy Pubflc _ Onalow Coun><, 320 111, liil\O A Notary Public of te designated Governmental unit, is certified to be correct This instrument was presented for registration this day of 12 , at o'clock _ M , and duly recorded in the office of the Register of Deeds of County, North Carolina, in Book Page This the day of 2 _ By , Register of Deeds AssistanUDeputy Register of Deeds