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Home My WebLink AboutSW8080901_CURRENT PERMIT_20220217STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 08 0010 1 DOC TYPE] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 202-L 021'1 YYYYMMDD ROY COOPER covernor EUZABETH S B1SER Secretary BRIAN WRENN D&raor February 17, 2022 Dons Place Owners' Association, Inc Attn Danny Miller, President 1512 Gum Branch Road Jacksonville, NC 28540 NORTH CAROLINA Env& nmentnr Quality Subject Permit Renewal Post -Construction Stormwater Management Permit No SW8 080901 Dons Place Ouslow County Dear Mr Miller 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 2009-406 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 SW8080901 has been renewed, updated, and re -issued on February 17, 2022, as attached 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 December 1, 2027, which includes all available extensions, and does not supersede any other agency permit that may be 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 OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www NCOAH corn 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 Wilmmgton Regional Office, at (910) 796-7215 or ashleym smith@ncdem gov Sincereelljy Brian Wrenn, Director Division of Energy, Mineral and Land Resources DE QZ� North Carohna Department of Environmental Quality I Division of Energy Nneral and Land Resources Wdmmgton Regional OMce 1 127 Cardinal Drive Extension I W&mngwm North Carolina 28405 °�'�ad'�•�� / 9107%7215 State Stormwater Permit No SW8 080901 Page 2 of 2 Enclosures Attachment C — Permitting History Renewal Apphcation Documents Copy of the current operation and mantenance agreement DES/alas \\\Stormwater\Permrts & Profects\2008\080901 HD\2022 02 permit 080901 cc Wilmington Regional Office Stormwater File ,E5 North Carolina Department of Enwronmental Qualtry I DNtsion of Energy M9neral and Land Resources LLL'J/JJJ��—� wilmingt n Regional Office 1 127 Cardinal Dnve Extension I Wilmington North Carolina 28405 -�� 9107%7215 Post -Construction Stormwater Management Permit No SW8 080901 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 Dons Place Owners' Association, Inc Dons Place East Dons Avenue, Jacksonville, Onslow County FOR THE construction, operation and maintenance of a wet detention pond 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 December 1, 2027 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 This stormwater system has been approved for the management of stormwater runoff as described in Section 16 on page 2 of this permit The stormwater control has been designed to handle the runoff from 51,864 square feet of impervious area 3 The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and per approved plans 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 080901 The runoff from all built -upon area within the permitted drainage area of this protect must be directed into the permitted stormwater control system The following design criteria have been provided in the wet detention pond and must be maintained at design condition a Drainage Area, acres 206 Onsite, ft2 89,798 Offsite, ft2 None b Total Impervious Surfaces, ft2 51,864 c Design Storm, inches 1 5 d Pond Depth, feet 7 (3 16 avg) e TSS removal efficiency 85 f Permanent Pool Elevation, FMSL 10 g Permanent Pool Surface Area, ft2 5,057 h Permitted Storage Volume, ft3 7,753 1 Temporary Storage Elevation, FMSL 11 2 t Controlling Orifice VO pipe k Permitted Forebay Volume, ft3 4,168 1 Fountain Horsepower, HP N/A m Receiving Stream/River Basin Mill Creek / White Oak n Stream Index Number 19 - 9 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 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all time 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 re -vegetation 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 a Access to the outlet structure must be available at all times 4 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 5 Decorative spray fountains will not be allowed in the stormwater treatment system, as the permanent pool volume is less than 30,000 cubic feet 6 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 Page 2 of 5 Post -Construction Stormwater Management Permit No SW8 080901 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 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 Access to the stormwater facilities shall be maintained via appropriate easements at all times 10 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 11 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 project 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 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) 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 Page 3 of 5 Post -Construction Stormwater Management Permit No SW8 080901 4 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 5 COMPLIANCE The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request 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 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 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 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 Page 4 of 5 Post -Construction Stormwater Management Permit No SW8 080901 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 17th day of February 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION %U Brian�Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 5 of 5 Attachment C - Permitting History Doris Place Permit No SW8 080901 Approval Date Permit Action BIMS Version Description of the Changes 9/5/2008 Original Approval 10 10/5/2010 Transfer 1 1 From Garland W Tuton, to the Dons Place Owners' Association, Inc 2/17/2022 1 Renewal 20 lExpires December 1, 2027 Permit Number 51,E d (1 d Q �() / (to be provided 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 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 This system (check one) ® does ❑ does not incorporate a vegetated filter at the outlet This system (check one) ❑ does ® does not incorporate pretreatment other than a forebay 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 irutial 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 dram 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 lime and a one-time fertilizer application Vegetation is too short or too Maintain vegetation at a height of long a r Form SW401-Wet Detention Basin O&M -Rev 3 Pagc 1 o 4 Permit Number SLO?Oko i (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 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 riprap 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 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 growth Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) the basin surface CFP Q 4 Z008 Form SW401-Wet Detention Basin O&M -Rev 3 BY Page 2 of 4 Permit Number Sri O'ato gV (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 appropriate professional shows that the embankment needs repair 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 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 7 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 7 feet in the forebay, the sediment shall be removed BASIN DIAGRAM ill in the blanks) Sediment Removal Q 3 '---- --- ---- -- -- vmunw Bottom Elevatio 2 -ft Min Sediment Storage FOREBAY Permanent Pool Elevation 10 Pool \ Sediment Removal Elevation 3 ------------ - ------------ Bottom Elevation -^v111�L)i CFP 4 4 2oD8 i I Storage Form SW401-Wet Detention Basin O&M -Rev 3 Page 3 of 4 Permit Number t"'J 6 V U (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 BMP drainage area number Print name Garland W Tuton Title Owner Address P O Box 1066, Jacksonville, NC 28541 Phone 910-577-1441 Signature Date 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 1, A11 Q e, (6, J54 (5\61i(a 4 , a Notary Public for the State of NC, County of 0-/IL Y M t f , do hereby certify that T QT� l� Q (/ �� 1 U+o personally appeared before me this t� - day of I—t ( _Q , , and acknowledge the due execution of the forgoing wet detention basin maintenance requireme s Witness my hand and official seal, C��Illp q S'Ff�l lJD tia o�•c,O'k SrF ,�0TAqj_ ow COUN� ;d'�,,,' An g e l o,, S4e r/ar4 SEAL �\ My commission expires 0 c), 1�3f ""' �n 1 I SEP 0 4 2008 Form SW401-Wet Detention Basin O&M -Rev 3 Page 4 of 4 Date Re We Fee Paid Permit Number ,5 In I -);� I< 33 clo.�= 1 !ZU),�- 0g090/ 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) Sechon 60 (c) This application form is for permit renewals only A PROJECT INFORMATION 1 State Stormwater Permit Number -�V Svc S 6W D I r' 2 Project name nulls Place, owners ,Amcia on. NVG• 3 Project 1street address 21.6asf RVI-S �Avenuf) City J�ar,� i 01 i i ) County Q M_ ZIP �9 59 t7 4 What, if any, changes have been made to the project as permitted? N 1 rQQ l if the project has changed from the original approved plans, please complete SWU-101 for a Ma/or Modification or Minor Modification Application form available at https //deg nc gov/about/divisions/energv- mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction B PERMITTEE INFORMATION 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 qov/about/divisions/energy-mineral-land- men„rrcctonprnv-mineral-land-rides/stormwater-Droaram/Dust-construction State Stormwater Permits do not automatically transfer with the sale of the property p 1 Current Permit Holder's Company Name/Organization [220,3 { 10 (0— ow tus tf}SjdCI &OnrSPIG 2 Signing Official's Name N W1 1 1ew 3 Signing Official's Title res et of Dous Pla(,t QIA�i1Q V S t f'D�t a �70n� Z111L 4 Mailing Address 1512 -A 1 W) F31" ' h 12uQd, City 5 Street City 6 Phone Email FEB 10 2022 BY— Stormwater Permit Renewal Form Page 1 of 3 May 11 2018 C SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Recilonal Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQ W/ORIM 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 ,\ 1 A permit application processing fee of $505 00 payable to NCDEQ 2 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 Limited 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 rVIL 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 l A 1i1 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 Q I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me I agree to keep this on file with the permit 5 De#ner 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 permittee 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) FEB 10 2022 BY Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D PERMITTEE'S CERTIFICATION I filiAh�V �%�� the person legally responsible for the permit, certify that I have a copy of 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 pr ded on this permit renewal application is, to the best of my knowledge, correct and comply /Signature County of that lA l U 16 V1 t- X. I 1 this the 'Ajday of execution of the forgoing instrument Witness my hand ,,, �( KIE�yF11. ofary SeW o SPRY RIM official seal, Date 3 U a Notary Public for the State of do hereby certify personally appeared before me 20 k1i" , and acknowledge the due FEB 10 2022 BY Stormwaler Permit Renewal Application Form Page 3 of 3 May 11, 2018 Perm t No S W 5(0%Oa101 (to be provded by DWO) AA t W�� i\FAA\ WDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out printed and submitted The Required Items Checklist (Pad //I) must be printed filled out and submitted along with all of the required information Ik,PROJECT INFORMATION Project name Dons Place Contact person Jason A Houston E I Phone number (910)455 2414 Date Drainage area number II"r,DESIGN INFORMATION Site Characteristics Drainage area 89 798 00 ryZ Impervious area 51 864 DO ryZ %impervious 5776 % Design rainfall depth 150 in Storage Volume Non SR Waters Minimum volume required 7 753 00 ry3 h iS 1e Volume provided 639800 ry Storage Volume SR Waters i� K 1 yr 24 hr runoff depth in Gs� Pre -development 1 yr 24 hr runoff ry3 Post development 1 yr 24 hr runoff ry3 Minimum volume required ry3 Volume provided ry3 Peak Flow Calculations 1 yr 24 hr rainfall depth 353 in Rational pre -development 030 limitless) Rational post -development 060 (umtless) Rainfall intensity 1 yr 24 hr storm 0 15 inlfir Pre development 1 yr 24 hr peak Flow 016 ry3/sec Post development 1 yr 24 hr peak flow 409 ft3/sec Pre/Post 1 yr 24 hr peak Flow control 393 ry3/sec Basin Elevations Basin bottom elevation 200 ry Sediment cleanout elevation 300 ry Bottom of shelf elevation 950 ry Permanent pool elevation 1000 ft SHWT elevation 1000 ft Top of shelf elevation 1050 ry Temporary pool elevation 1120 ry Form SW401 Wet Detention Basin Rev 4 Parts I & 11 Design Summary Page 1 of 2 Permit No SVJSiO%dgO (fo be provided by DWO) II DESIGN INFORMATION Volume and Surface Area Calculations SA/DA ratio 500 (umfless) Surface area at the bottom of shelf 2 695 00 tt' Volume at the bottom of shelf 1 648 00 ft' Permanent pool surface area required 4 490 00 tt2 Permanent pool surface area provided 5 057 00 ft' OK Permanent pool volume 1596900 ft' Average depth for SAIDA tables 316 It OK Surface area at the top of shelf 6 564 00 flz Volume at the top of shelf 2 905 00 fi3 Forebay volume 416800 ft3 Forebay %of permanent pool volume 2610 % Must be approx 20% Adjust pond dimensions Temporary pool surface area provided 7 288 00 fe Drawdown Calculations Treatment volume drawdown time 255 days OK Treatment volume discharge rate 002 WIs Pre -development 1 yr 24 fir discharge 016 ft'Is OK Post development 1 yr 24 hr discharge 003 ft31s OK Additional Information Diameter of orifice 1 in Design TSS removal 85 % Basin side slopes 300 1 OK Vegetated shelf slope 1000 1 OK Vegetated shelf width 1000 ft OK Length of flowpalh to width ratio 300 1 OK Length to width ratio 300 1 OK Trash rack for overflow & orifice? y (Y or N) OK Freeboard provided 100 ft OK Vegetated filter provided? y (Y or N) OK Recorded drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) OK Drain mechanism for maintenance or emergencies pump Form SW401 Wet Detention Basin Rev 4 Parts I & 11 Design Summary Page 2 of 2 J) Dons Place Stormwater Permit No SW8 080901 Onslow Countv Designer's Certification State Stormw r Management Systems 4ermit No SW8 080901 I, J0.S01-N h, koczfi av% , as a duly registered _ PWcs&o"I ;�r,,- in the State of North Carolina, having been authorized to observe enodical weekly/ full time) the construction of the protect, (Protect) for Gnr4y W (Protect Owner) hereby state that, to the best of my abilities, 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 Registration Date AE 3y77g // 1101Of , . \�� Iv\ CARO 1// a �FEssoyar,; :4 SEAL 34978 = IlZtt�UW Page 6 of 7 t -_N1 State Stormv- r Management Systems Permit No SW8 080901 Certification Requirements �1 The drainage area to the system contains approximately the permitted acreage L2 The drainage area to the system contains no more than the permitted amount of built -upon area 13 All the built -upon area associated with the protect is graded such that the runoff drains to the system 4 5 6 7 8 9 10 �11 �12 13 14 �15 All roof drams are located such that the runoff is directed into the system The outlet/bypass structure elevations are per the approved plan The outlet structure is located per the approved plans Trash rack is provided on the outlet/bypass structure All slopes are grassed with permanent vegetation Vegetated slopes are no steeper than 3 1 The inlets are located per the approved plans and do not cause short- circuiting of the system The permitted amounts of surface area and/or volume have been provided Required drawdown devices are correctly sized per the approved plans All required design depths are provided All required parts of the system are provided, such as a vegetated shelf, and a forebay The required system dimensions are provided per the approved plans cc NCDENR-DWQ Regional Office Onslow County Building Inspections f7rojecb hyt& 5�- /I uvlo" (DnS60Pan , All Jrad.') J'JQ^L a rQ FBI , By NOV 1 6 2009 Page 7 of 7 lye 1 of 23) w IBpiYaialll[a110W""' Doc to 11I NIIIg11Nga Fee Amtd $80/t10'Pa90 ltota23z 28 PM pnalou GountV NC of Deeds Rebecca L Pollard Req ,4178 n954-976 Prepared by FRANK W ERWIN, ATTORNEY 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 INDEX IN THE GRANTOR INDEX THE LANDING DEVELOPMENT CORPORATION DORIS PLACE DORIS PLACE OWNERS' ASSOCIATION, INC NORTH CAROLINA ONSLOW COUNTY MASTER DECLARATION OF COVENANTS AND RESTRICTIONS (MF/CSA) DORIS PLACE [A Townhome Community] (47F-1-101 et seq ) THIS DECLARATION is made this 6TH day of FEBRUARY, 2008, by THE LANDING DEVELOPMENT CORPORATION, ("Declarant") of Onslow County, North Carolina The Declarant is the owner of the real property described in this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and rim with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof ERWIN, SIMPSON & STROUD Attorneys, P L L.C. - Telephone (910) 455-I800 825 Gum Branch Road, Suite 115 Jacksonville NC 28540 FEB 10 2022 BY Book 3178 Fege 954 (P;, » 2 At 23) Pursuant to 47F-1-101 et seq, Declarant desires to provide for the preservation and enhancement of the property values and amenities within said community and to provide for the maintenance of common areas, properties and improvements located thereon, and to this end desires to subject property to the provisions of Chapter 47F of the North Carolina General Statutes, and to the covenants, restrictions, easements, charges and liens as are hereinafter set forth, each and all of which are for the benefit of said real property and each present and future owner thereof DECLARATION NOW THEREFORE, it is hereby declared that the property described herein is and shall be held, transferred, sold, conveyed and occupied subject to the provisions ofChapter 47F of the North Carolina General Statutes, and to the covenants, restrictions, easements, charges and hens hereinafter sel forth, said property being more particularly described as follows BEING all property described on plat entitled FINAL PLAT Dons Place, recorded in Map Book 57, Page 132, Onslow County Registry A "Association" shall mean and refer to DORIS PLACE OWNERS' ASSOCIATION, INC , a North Carolina non profit corporation, its successors and assigns B "Common Area" shall mean all real property owned by the Association, if any, for the common use and enjoyment of the Owners. C "Declarant" shall mean and refer to THE LANDING DEVELOPMENT CORPORATION, its successors and assigns D "Declaration' shal l mean and refer to this instrument, as may from time to time be amended E "Living Unit" or "Unit" or "Townhome" shall mean and refer to any portion of a structure situated upon a lot designed and intended for use and occupancy as a residence by a single family F "Property" or "Properties" shall mean and refer to any of the real property which is subject to this Declaration G "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area, if any, and includes any improvements thereon, if any H "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties but shall not include those having such interest merely as security for the performance of an obligation ERWIN, SIMPSON & STROUD Attorneys, P L L C - Telephone (910) 455 1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 Book 3176 Page 954 (Page 3 of 23) 1 2 COMMON AREAS A Dedication The Common Areas, including any common area used as streets, security gates, or as a septic tank or wastewater treatment facility, shall be dedicated as such by thr, Declarant, or its successors and assigns, either by notation on a recorded plat or by com eyance by deed to the Association B Maintenance The Association shall be responsible for the exclusive management and control of the Common Areas, if any, and all improvements located thereon (including streets, security gates and septic tanks and associated apparatus, or other wastewater treatment facilities bulkheads, landscaping, fixtures and equipment related thereto) General rules of law shall appl) regarding liability for property damage due to negligence or willful acts or omissions and all such costs shall be allocated in relation to the person who would be responsible for repair in the absence of the duty of the Association to maintain. The Association shall specifically have the power, without limiting other powers, to control and regulate the hours and periods of operation of all recreational facilities and all maintenance of landscaping C Owners Easement of Easement of Eniovment (1) Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area, (b) the right of the Association to limit the number of guests of members, (c) the right of the Association to suspend the right to use the recreational facilities by an Owner or other person for any period during which any assessment against a Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations, (d) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes subject to such conditions as may be agreed to by the Association ERW IN, SIMPSON & STROUD Attorneys, P L.L C Telephone (910) 455-I800 825 Gum Branch Road, Suite I IS Jacksonville, NC 28540 3 Book 3178 Page 954 (Page A of 23) I 1 - f (e) the right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area (f) the right of the Association to impose fines or other penalties pursuant to Chapter 47F of the NC General Statutes (2) Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property Recreational facilities, if any, situated upon the Properties may be utilized by guests of Owners or tenants subject to the rules and regulations of the Association governing said use and as established by its Board of Directors The Board of Directors shall have the right to limit or prohibit the rights of the owners to use recreation facilities during the period of rental to non owners D Restriction on Alienation Notwithstanding anything contained herein to the contrary, the Association shall not alienate in any way or transfer all or any part of the Common Areas without the prior approval of all holders of outstanding first priority mortgages against any of the Properties that are subject to this Declaration, provided, however, this restriction shall not be applicable to grants of easements for utilities, storm sewer, sanitary sewer, road right of ways and other conveyances for dedication to the public 3 ASSOCIATION, MEMBERSHIP AND VOTING RIGHTS A Every Owner of a Lot shall be a member of the Association Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment B The Association shall have two (2) classes of voting membership Class I Class I members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned When more than one person holds an interest in any Lot, all such persons shall be members The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot Class II The Class II member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned The Class II membership shall cease and be converted to Class 1 membership on the happening of either of the following events, whichever occurs earlier (1) when the total votes outstandmg in Class I membership equals the total votes outstanding in the Class II membership or (2) on that date which is seven (7) years from the date of the recording of this document ERWIN, SIMPSON & STROUD Attorneys, P LLC Telephone (910) 455-I800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 4 Book 317E Page 954 (Page 5 of 23) n n (3) at the discretion of Declarant 4 ARCHITECTURAL CONTROL COMMITTEE, A Except for original and initial construction and subsequent modification of improvements by the Declarant on any Lot which such construction is and shall be exempt from the provisions of this provision, no budding, wall, fence, landscaping, berm or hedge which act as a fence or privacy inducing structure, pier, dock, ornamentation, or other structure or improvements of any nature shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping as may be required by the Architectural Control Committee have been approved in writing by the Architectural Control Committee Each budding, wall, fence or other structure or improvements of any nature, together with any ornamentation or landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved Refusal of approval of plans, specifications and plot plans, or any of them, may be based on any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural Control Committee deem sufficient Any change in the appearance of any building, wall, fence or other structure or improvements and any change in the appearance of the landscaping (excepting the planting of flowers and shrubs indigenous to the area), shall be deemed an alteration requiring approval B The Architectural Control Committee shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this paragraph (1) Within thirty (30) days after receipt of all required information, the Architectural Control Committee shall submit in writing to the owner of the lot a response stating whether or not the requested improvements are approved Unless a response is given by the Architectural Control Committee within thirty (30) days, the plan shall be deemed approved The response of the Architectural Control Committee may be an approval, a dental, an approval with conditions or a request for additional information A request for additional information shall be deemed a determination that the information submitted was inadequate and the thirty (30) day time period for response shall only commence upon the receipt of the requested additional information Conditional approvals may be granted and if approval with conditions is granted and thereafter construction begins, the construction shall be deemed approved by the owner of the lot of the conditions imposed (2) Refusal of approval of plans, specifications and plot plans or any of them may be based upon any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Architectural Control Committee shall deem sufficient The Architectural Control Committee shall make the following affirmative findings before any plans are approved (a) That the improvements sought to be constructed will not have a negative economic impact on any other lot within the subdivision ERW IN, SIMPSON & STROUD Attorneys, P L.L C - Telephone (910) 455 1800 825 Gum Branch Road, Suite 1 I5, Jacksonville, NC 29540 5 Book 3178 Page 954 (Page 6 of 23) /)�\ 1 � (b) That all required specific buildings standards and other conditions contained within the Restrictive Covenants, By Laws and other subdivision documents have been met (c) That the improvements are architecturally compatible with proposed or constructed improvements on other lots within the subdivision (d) That the natural features of the lot have been retained to the maximum extent possible C Until such time as the sale of the last numbered lot in the subject property is evidenced by the recordation of deed therefore, all rights, privilege, powers and authority granted herein to the initial Architectural Control Committee, to whom the specific power to act hereunder is expressly conveyed, shall be exercised by the Declarant, its successors or assigns The Declarant may assign its powers hereunder to an Architectural Control Comrtuttee, but so long as Class it membership shall exist, the Declarant shall appoint a majority of the Architectural Board Thereafter, all representatives shall be appointed by the Board of Directors of the Association Except as set out above, the Architectural Control Committee shall be composed of three (3) owners appointed by the Board and shall serve at the pleasure of the Board D A majority of the Architectural Control Comrmttee may take any action said Committee is empowered to take, may designate a representative to act for the Architectural Control Committee, and may, subject to the approval of the Board, employ personnel and consultants to act for it In the event of death, disability or resignation of any member of the Architectural Control Committee, the remaining members shall have full authority to designate a successor The member of the Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this covenant The Architectural Control Committee may establish a fee to cover the expense of reviewing plans and related data at the time plans are submitted for review in order to compensate any consulting architects, landscape architects, urban designers or attorneys E Any Owner may appeal the decision of the Architectural Committee provided that all parties involved comply with the decision of the Architectural Committee until such time, if any, as the Board of Directors amends, or reverses the Architectural Committee's decision Appeals petitions must be legibly written, state the grounds for appeal and be submitted to the Board of Directors within thirty (30) days of the decision of the Architectural Committee The Board of Directors shall act upon the appeal by amending, reversing or confirming the decision of thi, Architectural Committee within thirty (30) days of receipt of the petition The Board of Directors' decision shall be by majonty vote Any owner must exhaust this avenue of appeal prior to resorting to a court of law or equity for relief ERWIN, SIMPSON & STROUD Attorneys, P L LC - Telephone (910) 455-I800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 6 Book 3178 Page 954 (Page 7 of 23) y F Submissions for approval may be made to the Architectural Control Committee c/o the Association to any of the following (1) the address to which an owner is directed to send assessments or dues as appears on the most recent billing statement, (2) the address of the Association Registered Agent as it is listed in the Office of the Secretary of State, or (3) at such address as may be provided in writing (on the letterhead of the Association and signed by the managing agent or officer of the Association) to the applicant upon request for instructions regarding submission 5 ASSESSMENTS A Pumose of Assessments The assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the residents in the Properties, and for IN, improvement and maintenance of the Common Area, and specifically, streets, privacy gates, lawn maintenance, and any storm water control or septic tanks and associated apparatus, or other wastewater treatment facilities B Creation of the Lien and Personal Obligations of Assessment The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed, therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (I) annual assessments or charges, (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided, (3) to the appropriate governmental taxing authority, a pro rata share of ad valorem taxes levied against the Common Area if the Association shall default in the payment therefor for a period of six (6) months, all as hereinafter provided The annual and special assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing hen upon the property against which each such assessment is made Each such assessment, together with interest and costs, and reasonable attorneys' fees (as provided in North Carolina General Statutes Section 6-212) incurred by the Association in collecting delinquent assessments shall also be thi, personal obligation of the person or entity who was the Owner at the time when the assessment became due The obligation of an Owner for delinquent assessments shall not pass to his successors or assigns in title ERWIN, SIMPSON & STROUD Attorneys, P LLC -Telephone (910) 455-1800 825 Cum Branch Road, Suite 115, Jacksonville, NC 28540 7 Book 3176 Page 954 (Page 8 of 23) C Minimum Annual Assessment (1) The initial minimum annual assessment shall be $225 00 per year per dwelling unit, and such assessment does not include any portion for Insurance Assessments shall commence as to each lot beginning on the date of closing from the Declarant to an owner other than the Declarant So long as Class 11 Membership exists, the Declarant shall pay no assessments but shall be responsible for any deficit in the operating budget (2) Except as otherwise required by statute, within 30 days after adoption of an) proposed budget for the planned community, the executive board shall provide to all the lot owners a summary of the budget and a notice of the meeting to consider ratification of the budget, including a statement that the budget may be ratified without a quorum The executive board shall set a date for a meeting of the lot owners to consider ratification of the budget, such meeting to he held not less than 10 nor more than 60 days after mailing of the summary and notice There shall be no requirement that a quorum be present at the meeting The budget is ratified unless at that meeting a majority of all the lot owners in the association or any larger vote specified in the declaration rejects the budget In the event the proposed budget is rejected, the periodic budget last ratified by the lot owners shall be continued until such time as the lot owners ratify a subsequent budget proposed by the executive board D Collection of Assessments The first pro rata payment of the balance of the current year assessment shall be due and payable beginning on the day of the closing E Special Assessments In addition to the annual assessments authorized abo%e, the Association may levy, in any assessment year, a special assessment applicable to that ) ear only for any purpose Any such assessment for any useother than insurance premiums, any uninsured loss or insurance deductibles, shall have the assent of fifty-one percent (51%) of the votes of the members of eac-i class who are voting in person or by proxy at a meeting duly called for this purpose Special Assessments for insurance premiums any uninsured loss or insurance deductibles shall not be limped by member approval F Remedies for Non -Payment of Assessments Any assessment which are not paid when due shall be delinquent The assessment shall bear interest from the due date at the rate established by tte Board of Directors of the Association, or if not set by the Board, at the highest rate allowed by law, together with such late fees as may be set by the Board The Association may file a lien of record against any lot where there remains an assessment unpaid for a period of thirt) (30) days or longer Said hen shall be filed in the office of the clerk of superior court of Onslow County in a marmer provided therefor by Article 8 of Chapter 44 of the North Carolina General Statutes No Owner may waive or otherwise escape liability for the assessments provided for herein by the non-use of the Common Area or abandonment of his dwelling unit or site The Association may bring an action at law against the Owner personally obligated to pay any assessments and interest Costs and reasonable attorneys' fees for the prosecution of any such action shall be added to the amount of such assessment In the event of such action at law and in ERW IN, SIMPSON & STROUD Attorneys, P L LC -Telephone (910) 455 1800 925 Gum Branch Road Suite 115, Jacksonville NC 28540 8 Book 3178 Page 954 (Page 9 oe-23) the further event that such action results in a Judgment being entered against the Owner and in favor of the Association, then, and in that event, the Association shall collect on such Judgment in such manner and to the extent provided and permitted by the laws of the State of North Carolina The Association's lien may be foreclosed in like manner as a mortgage on real estate under power of sale under Chapter 45 of the North Carolina General Statutes All fees, charges, IatL charges, fines, and interest are enforceable as assessments In any foreclosure action brought under the power of sale provisions, the Association shall be deemed to be the holder and owner of the obligation secured by this Declaration The Registered Agent of the Association shall be the Trustee for all purposes of the foreclosure proceeding and thL Association shall have the power to appoint a substitute trustee if for any reason the Association desires to replace the trustee, and the said substitute trustee shall succeed to all rights, powers and duties thereof The Association shall request of the trustee to sell the land subject to the lien at public action for cash, after having first given such notice and advertising the time and place of such sale in such manner as may then be provided by law for mortgages and deeds of trust, and upon such and resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey to the purchaser in as full and ample manner as authorized by Chapter 45 Tht Trustee shall be authorized to retain an attorney to represent him in such proceedings The proceeds of the Sale shall, after the Trustee retains his commission, together with any addition attorney's fees incurred by the Trustee, be applied to the costs of the sale, including but no limited to costs of collection, taxes, assessment, costs of recording, service fees, and incidental expenditures, thL amount due on any note secured by the property, and any advancements made by the Association in the protection of the security G Subordination of the Lien to Morteaees The lien of the assessments provided for herein shall be subordinate to the hen of any first mortgage Sale or transfer of any Lot shall not affect the assessment lien However, the sale or transfer of any Lot pursuant to mortgagL foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessment as to payments which become due prior to such sale or transfer No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof 6 GENERAL RESTRICTIONS, A Residential Use (1) All lots shall be used exclusively for residential purposes, except that any lot may be used by the Declarant for a street or roadway An Owner or occupant residing in a dwelling on a lot may conduct business activities within the dwelling so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the dwelling, (it) the business activity conforms to all zoning requirements for the lot, ERW IN, SIMPSON & STROUD AnorneM P LLC - Telephone (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 9 Book 3176 Page 954 (Page 10 e£ 23) (in) the business activity does not Involve regular visitation of the dwelling or lot by clients, customers, suppliers, or other business invitees or door-to- door solicitation of residents of the subdivision, and (iv) the business activity is consistent with the residential character of the subdivision and does not constitute a nuisance, or a hazardous or offensivt. use, or threaten the security or safety of other residents of the subdivision, as may be determined in the sole discretion of the Board The terms "business" and "trade," as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the providers family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether (i) such activity is engaged in full or part-time, (it) such activity is intended to or does generate a profit, or (ui) a license is required The leasing of a dwelling or lot shall not be considered a business or trade within the meaning of this subsection The Association shall make no restriction on the duration of any lease of any lot subject to this Declaration, nor shall there be any restriction on the use of any lot or dwelling thereon as a "Vacation Rental" as such is defined by the North Carolma General Statutes This subsection shall not apply to any activity conducted by the Declarant or a Builder approved by the Declarant with respect to its development and sale of the Properties or its use of any lots which it owns within the subdivision, including the operations of a timeshare or similar program (2) Allowable/Prohibited Structure No structure shall be erected, altered, placed or permitted to remain on any Lot other than a single, one family dwelling (which may be part of a multi unit budding) not to exceed three stones in height, (which may include separate living quarters for one or more members of the owners' family or relative), a private garage which may contain living quarters for occupancy by domestic servants of the lot occupant only, provided that the same are constructed in ]me with general architectural design and construction standards used as the dwelling itself This covenant shall not be construed as prohibiting the use of anew dwelling as a model home for sales/rental purposes No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporary or permanently No trader, mobile home, camper or like vehicle shall be allowed on the property at any time, or any other structure which is finished or partially faushed at a manufacturing unit or plant and transported ERWIN, SIMPSON & STROUD Attorneys, P 44C Telephone (910)455-I800 825 Gum Branch Road, Situ 115, Jacksonville, NC 28540 10 gook 3176 Page 954 (Page 11 of 23) for quick assembly and which is designed to be disassembled and relocated shall be allowed It iq specifically the intention and purpose of this covenant to prohibit the location of any manufactured home as defined m NCGS § 143-145 and any structure for which a "Label of Compliance" as defined in NCGS §143-145 is issued, including but not limited to those structures which are generally referred to as mobile homes, trailers, relocatable houses, or similar type structures on the property "Modular construction" of walls, floor systems, roof trusses and other portions of the structure shall be pemntted providing that it is a full floor jotst system not supported by chassis or steel frame Fabrication shall not be limited to the building lot This covenant shall not be construed as prohibiting the use of such a structure as a sales/ rental model or office or construction site facility (3) Building Location No building, residence, garage or other permitted accessory building shall be located on any lot nearer to the front line, any side street line, interior or rear lot line, than as shown on the recorded plat For the purpose of this covenant, eaves, steps, open porches, and carports shall not be considered as a part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot An error of not more than ten percent (10%) in the location of a building on the lot with respect to the minimum set back lines shall not be considered a violation of this covenant. B Stormwater Runoff General Provisions The allowable per square fool built -upon area per lot is as permitted, inclusive of that portion of the right of way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking by the Division of Water Quality Filling or piping of any vegetative conveyances (ditches, swales or similar improvements) associated with the development except for average driveway crossings, is strictly prohibited Lots with CAMA's Area of Environmental Concern may have the permitted built upon area reduced due to CAMA jurisdiction with the Area of Environmental Concern C Nuisances No noxious, offensive, or illegal activity shall be carried on or conducted upon any Lot nor shall anything be done on any Lot that shall be or become an unreasonable annoyance or nuisance to the neighborhood No automobile, other vehicle(s), motorcycle(s) or other similar items shall be repaired, stored, or placed "on blocks" or stands except as permitted by the rules and regulations adopted by the Association D Animals Except as specifically allowed elsewhere herein, no animals, livestock, or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that household pets maybe kept provided that said pet shall not be kept for breeding or commercial purposes Any such household pet shall not be allowed off the Lot of the Owner of said pet unless said pet is attended and on a leash Any pet which is not kept inside a home shall be provided a fenced in area or cage in the rearyard of a lot Owners shall be solely and absolutely liable for the acts of any pet kept on their Lot The following dog breeds shall he specifically prolubited Rottweiler ERW IN, SIMPSON & STROUD Attorneys, P L L C -Telephone (910) 455-1800 825 Gum Branch Road, Smite 115, Jacksonville NC 28540 11 Book 3176 Page 954 (Page 12 of 23) n (14) _ Doberman,Mastiff,Boxer,Bulldog, Pit Bulls, Chows and wolf hybrids In addition, the Association shall specifically have the power and responsibility to designate, based upon temperament, size and/or nature or tendencies, from time to time a list of breeds of animals which shall be prohibited on any lot The Owner is responsible to pick up, remove all solid wastes of their pets and to dispose of the solid waste in an Association approved container and in such manner as directed by the Association In addition to the above, inherently dangerous animals shall be prohibited "Inherentl) dangerous ammal" means any nondomesticated animal for which evidence demonstrates that unprotected human contact with the species can result in a life threatening injury or disease to those who come in contact directly or indirectly The following are examples of inherently dangerous animals, but shall not be deemed an exclusive listing Bats, wolves and wolf hybrids, lions, tigers cheetahs, jaguars, cougars, leopards, snow leopards, clouded leopards, all hyena species, all bear species, all apes, Old and New World monkeys, and prosimians, all elephant species, rhinoceroses hippopotamus, gaur, banteng, kouprey, anoa, Cape buffalo, all Croeodiha, — all species allelodermatidae — all species, green anaconda, Amethystine python, African rock python, and Reticulated python and all venomous snakes E Garbays and Refuse Disposal No lot shall be used or maintained as a dumping ground for rubbish Trash, garbage or other waste shall not be burned or disposed of on any Lot and shall be kept except insanitary containers approved by the Architectural Committee All equipment for the storage prior to disposal of such material shall be kept in a clean and sanitary condition The placement of containers shall be approved by the Architectural Committee and, in any event, shall be kept in an enclosed area not subject to view from any person, from any direction The Declarant and Association reserves the right for itself, its successors and assigns, to contract for garbage collection services for each lot in the subdivision and the lot owner shall be responsible for the payment of such garbage services to the company providing the same, or the Association may make such a common expense or expense to a particular owner F Exterior Lights All light bulbs or other lights installed in any fixture located on the exterior of any dwelling, building or other structure located on any Lot shall be clear or white lights or bulbs No mercury vapor or similar wide area lighting similar to street lights shall be allowed without prior Architectural Committee approval G Sieht Distance at Intersections No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property comer, from the intersection of the street property lines extended The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a streel property line with the edge of a driveway or alley pavement No tree shall be permitted to remain ERW IN, SIMPSON & STROUD Attorneys, P LLC - Telephone (910) 455-1800 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 12 Book 3176 Page 954 (Page 13 of 23) within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines H Mailboxes Multiple unit mailboxes may be constructed by the Declarant for the use of a number of owners within certain areas as determined by the Declarant and postal service Thereafter, no mailboxes shall be installed on any lot or common area without first obtaining approval by the Architectural Control Committee Application shall be made thereafter to the Architectural Control Committee prior to installation or replacement for approval as to the style design, color and location By accepting a deed to any subject property, owner gives the Architectural Control Committee the right to remove any nonapproved mailbox in a reasonable manner, all costs for same shall be paid by owner, and all damages against the Architectural Control Committee are waived i Signs No sign, billboard, or other advertising of any kind, including without limitation "professionally prepared "for sale" and "for rent" signs, shall be placed or erected on any Lot, right of way or Common Area save and except a professionally prepared "for sale" or "for rent' sign not to exceed six (6) square feet in size Although approval by the Architectural Committee is not required prior to the display of such signs, the Association or its designee, may itself remove, have removed, or require the removal of any such sign which in its opinion would not otherwise be allowed under paragraph 6 of this Declaration A valid easement shall exist on any Lot for such removal by the Association, the Architectural Committee or its agents provided, however, nothing shall prohibit or limit ui any manner "construction" signs designating thelob site and builder which may be placed upon a Lot during the period of the construction of a residential dwelling on the I of but any such sign must be immediately removed upon final completion of such construction Nothing herein shall prohibit any sign erected by the Declarant or its assigns ] Anterin There shall be no exterior antenna of any kind for receiving and/or sending of T V , radio or other signals unless same have first been approved by the Architectural Control Committee K Dnveways/Parking All driveways constructed on any Lot shall he paved with either asphalt or concrete The use or construction of a headwall or other ornamental structure, gravel, rock or other material at or around the driveway culvert shall be prohibited The earthwork extending from the driveway to each end of the culvert shall be gently sloped and sodded, as approved in each case An Owner shall provide a minimum of two (2) paved off-street parking spaces, excluding garage space(s) and shall provide at least one per automobile or other vehicle owned and regularly used at the Lot On street parking is prohibited except for temporary, short gatherings L Vehicles, Boats, Storage, Travel Trailers Except as specifically allowed by the Board, no vehicle without current inspection sticker, vehicle over 7000 pounds empty weight, motor homes, or bus shall be parked overrught on any lot except in an enclosed garage, provided, however, guests of an owner may so park such vehicle for a period not to exceed seven (7) days each calendar ERWIN, SIMPSON & STROUD Attorneys, P LLC - Telephone (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville NC 28540 13 Book 317E Page 954 (Page 14 of 23) w year Raw firewood, bicycles, motorcycles, or other items may be stored only in the rear yard of the dwelling No automobile, other vehicle(s), motorcycle(s) or other smmlar items shall be repaired or placed "on blocks" or stands except in an enclosed garage M Window Appearance All draperies or other window dressings in each dwelling unit shall be white or off white or in lieu thereof shall have a wtute lining N Trees. Except as to development or construction by Declarant, or as may be approved by the Architectural Committee, no tree four inches (4") in diameter at any location on said tree or ten feet (10') in height shall be cut, removed or intentionally damaged on any Lot unless first approved by Architectural Committee O Swimming Pools. Outdoor swimming pools, hot tubs, Jacuzzis, and other similar facilities may be located on a lot only after the Architectural Committee approval All such improvements shall be subject to approval of and compliance with all governmental laws and regulations Clotheslines Exterior clotheslines shall be allowed only as permitted by the Association Q Fence Minimum Requirements Fences shall be allowed only if first approved by the Architectural Control Committee R Termite Contracts Required Every owner shall Initiate and maintain a termite inspection and repair contract on the owner's structure The said contract shall provide for an annual inspection and shall provide for repair of the structure in the event of damage by termites The owner shall cause a copy of the contract and the renewal thereof the be provided to the Association Treasurer at least annually and upon request of by the Association The Association reserves the right to subject any lot to a termite contract and assess the cost thereof against the lot for which the contract is provided, or alternatively, the Association may contract for a termite contract on all of the units as a common expense Declarant, or Association, its successors or assigns, reserves the right to enter upon any lot or dwelling for the purpose of inspection, treatment and maintenance and/or repair pursuant to the providing of any such termite contract A valid easement shall exist on any Lot for such acts undertaken by the Association or its agents S Rental of Units Owners may lease their units, but provided, however that any lessee shall be bound by the applicable restrictions contained in this Declaration, By Laws and by rules and regulations enacted by the Association, and by such reasonable restrictions on such rentals as may be adopted by the said Board of Directors The Board of Directors shall have the right to limit or prohibit the rights of the owners to use recreation facilities during the period of rental to non owners By his acceptance of a deed of lus unit, each unit owner empowers the Association or its designee, as his attorney in fact, to bring a proceeding in summary ejectment to remove any tenant ERWIN,SIMPSON&STROUDAttorneys,PLLC -Telephone (910)455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 14 eook 3176 Page 954 (Page 15 of 23) who its in violation of the provisions of this Declaration, the By -Laws, or any rules and regulations adopted by the Board of Directors pursuant thereto If leased, a unit must be leased in its entirety, and may not be subdivided for this purpose Nothing contained herein shall be construed, nor shall the Board of Directors be empowered to create a rental pool, to require the employment of an exclusive rental agent, to fix rental rates, or to require that units be made available for rent The Association shall specifically have the powers to adopt policies, and rules and regulations to implement policies, relating to rental by owners of units to non owners, either b) owners directly or by rental agents, and the use of the common facilities by non owners, including but not limited to, the regulation of pets, trash pickup, access to common areas, the number of occupants of a unit, the number of vehicles permitted to be parked and where such vehicles may be parked, the hours of use of the pool (or other common facilities), the number of pool guests allowed who are non owners, the establishment of fees payable by owners or non owners to offset the cost of providing pool, parking or other passes or identification for non owners, or other administrative costs associated with non owners The Board of Directors shall have the right to limit or prohibit the rights of the owners to use recreation facilities during the period of rental to non owners 61 MULTI -FAMILY DWELLING SPECIAL PROVISIONS A Conveyance of Multi -Family Unit (Townhome) Regardless of any provision in these restrictive covenants to the contrary, nothing shall prohibit or prevent the conveyance of a part or portion of any lot in order to convey one separate living quarters residence of a multi family dwelling B Party Walls (1) General Rules of Law to Apply Each wall which is built as apart of the original construction of the homes upon the properties and placed between the separate living quarters of a multi family dwelling shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Paragraph the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto (2) Sharing of Repair and Maintenance The costs of reasonable repair and maintenance of a party wall shall be the responsibility of the owners (3) Destruction by Fire or Other Casualty If a party wall its destroyed or damaged by fire or other casualty, the association shall restore it, however, the association shall have the right to call for reimbursement for costs and expenses from an owner or others under any rule of law regarding liability for negligent or willful acts or omissions (4)Weatherproofing Notwithstanding any other provisions of this Article, an owner who by his negligent or willful act causes the party wall to be damaged shall bear the whole cost of f tmishnng the necessary repairs ERWIN, SIMPSON & STROUD Attorneys, P LL C -Telephone (910) 455-1800 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 15 Book 3178 Page 954 (Page 16 of 231 n A (5) Right to Contribution Runs with Land The right of any owner to contribution from any other owner under this Paragraph shall be appurtenant to the land and shall pass to such owner's successors in true (6) Dispute Resolution (a) In the event of any dispute between owners ansing or concerning maintenance or repair, a party wall, or under any other provisions of the Restrictive Covenants, any owner shall notify the Association Board of Directors The Board of Directors shall thereafter resolve the dispute, and the decision shall be binding on the owners of the units in the building Alternatively, or in the event the Board cannot resolve the dispute or becomes deadlocked, then the Board will choose an arbitrator whose decision shall be binding on the unit owners of the units in the budding (b) Arbitration Any controversy that shall be submitted to arbitration shall be determined and settled by an independent disinterested person [hereinafter "independent arbitrator"] appointed by the Board, and such independent arbitrator shall resolve the controversy in accordance with the terns of the Uniform Arbitration Act, currently codified in North Carolina General Statute, Articles 45A, § 1-567 1 et seq or any successor statutes The controversy as so determined shall be binding on the parties The cost of the arbitration shall be home equally by the parties, except that each parry will pay the costs of its legal counsel and the costs of expert witnesses The place of arbitration shall be Jacksonville, North Carolina. 6 2 MAINTENANCE OF MULTI -FAMILY STRUCTURES The exterior maintenance and repair shall be provided by the owner of each lot in the event any owner fails to maintain or repair his lot and building thereon the Association shall have the right to provide notice of the owner's duty to maintain and repair and designate specific items to be maintained and repaired If such maintenance or repair is not completed within fifteen (15) days from the notice, then upon a meeting of the Board, if the Board deems that the maintenance or repair should be undertaken, then the Association shall have the right to so undertake The Association shall not have, however, any obligation to undertake any such maintenance or repair The costs of the maintenance or repair shall be an assessment payable by the owner and against the lot maintained or repaired collectable as any other assessment General rules of law shall apply regarding liability for property damage due to negligence or willful acts or omissions and all such costs shall be allocated in relation to the person who would be responsible for repair in the absence of the duty of the Association 10 maintain The Association shall not be obligated to provide for the repair of any loss for which insurance would have been available to pay but for the failure of an owner to secure insurance coverage required by this declaration or the By laws of the Association, or any other rule or regulation adopted by the Association Such cost shall be that of the Owner In the event any owner fails to maintain his lot and building thereon, including repair due to failure to procure and maintain insurance, the Association shall have the right, obligation and ERWIN, SIMPSON & STROUD Attorneys, P L LC - Telephone (910) 455 1800 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 16 Book 3178 Page 954 (Page 17 of 28) duty, to provide notice of the owner's duty to maintain and designate specific items to be maintained If such maintenance is not completed within fifteen (15) days from the notice, then upon a meeting of the Board, if the Board deems that the maintenance or repair should be undertaken, then the Board shall have the right to so undertake The costs of the maintenance or repair shall be an assessment payable by the owner and against the lot maintained or repaired collectable as any other assessment General rules of law shall apply regarding liability for property damage due to negligence or willful acts or omissions and all such costs shall be allocated in relation to the person who would be responsible for repair in the absence of the duty of the Association to maintain 7 STREET LIGHTING AGREEMENT. The Declarant and Association reserves the right to subject the real property to a contract with an electric utility company for the installation of under- ground electric cables and/or the installation of street lighting, either or both which may require an initial payment and/or a continuing monthly payment to an electric utility company or Association by the owner of Lot 8 RESTRICTION ON FURTHER SUBDIVISION No Lot which has been designated as such by Declarant by either recorded plat or by Supplemental Declaration shall be further subdivided or separated into smaller Lots, without the prior written consent of the Association This restriction shall not apply, however, to Declarant 9 EASEMENTS A Utility Easements There is hereby reserved by the Declarant, its successors and assigns, and for the benefit of the Association, the easements, for utility, sight and buffer areas as well as any other easements, as shown on the recorded plats of the Parcels Said easements maybe used for the purposes shown on the plat and, in addition thereto, ingress, egress and regress and for the purpose of installing, maintaining, repairing and replacing all utility service lines and systems including, but in no way limited to, those for water, sewer, gas, telephone, electricity and cable television In addition to the above, there is hereby reserved for the benefit of each owner and the Association, an easement over each parcel or lot of each other owner a blanket easement and right of way on, over and under the ground within a parcel or lot for the purpose of installing, maintaining, repairing and replacing all utility service lines and systems including, but in no way limited to, those for water, sewer, gas, telephone, electricity, cable television and garbage or refuse collection and pick up In addtton to the above, there is hereby reserved for the benefit of the Association, an easement over each parcel or lot which may be enclosed by a fence a blanket easement and right of way on and over the ground within a parcel or lot for the purpose of ingress, egress and regress for the purpose of maintenance on any lot and for the purpose of maintaining the grounds and landscaping which may be enclosed by a fence ERWIN, SIMPSON & STROUD Attorneys, P LL C -Telephone (910)455-1800 825 Gum Branch Road, Suite 115, Jacksonville NC 28540 17 Book 3178 Page 954 (Page 18 of 23) r`� n B Easement to Correct Dmmaee The Declarant reserves a blanket easement and right of way on, over and under the ground within a Parcel to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance Such right expressly includes the right to cut any trees, bushes or shrubbery, make any gradmgs of the sod, or to take any other similar action reasonably necessary Following such action the Declarant shall restore the affected property to its original condition as near as practical The Declarant or Association shall give reasonable notice of its intent to take such action to all affected Owners, unless in the opinion of the Declarant or Association an emergency exists which precludes such notice C Encroachments In the event any portion of a Common Area encroaches upon any Living Unit or any Living Unit encroaches on a Common Area as a result of construction, reconstruction, repair, shifting, settlement or movement of any portion of the Properties, a valid easement for the encroachment and for the maintenance of same shall exist so long as the encroachment exists D Association Maintenance The Board of Directors of the Association and the Architectural Board, acting through the Association, its officers, agents, servants and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably be necessary for maintenance E Common Areas Easements are also reserved over those portions of the Common Areas, if any, that may be necessary or required to accommodate overhanging eaves or other cantilevered construction which may encroach upon the common area or the air and light space above such common area F Grant to Others, The Declarant or Association may grant permits, licenses, and easements over any common area or utility easement reserved elsewhere for utilities, roads or other purposes reasonably necessary or useful for the Project maintenance or operation of the Project 10 VARIANCES The Association may allow reasonable variances and adjustments of the restrictions set forth in this Declaration in order to overcome practical difficulties and prevent unnecessary hardships in the application of the provisions contained herein, provided, however, that any such variance granted must be done in conformity with the intent and purposes of the general development scheme and provided also that in every instance such variance or adjustment shall not materially be detrimental or injurious to other property or improvements within the Properties I 1 COMPLIANCE, ENFORCEMENT AND REMEDIES A Default and Remedies A default in or failure to comply with any of the terms, conditions, obligations, and provisions of the Declaration, the Association Bylaws, the Association Articles of Incorporation, or the rules and regulations, as the same may be amended from time to time, by any Owner or Occupant, shall be grounds for relief that may include, without ERWIN, SIMPSON & STROUD Attorneys, P LLC Te1cphone (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 18 Book 3178 Page 954 (Page 19 0£ 23) intending to limit the same or to constitute an election of remedies, an action to recover fines and penalties as set in the Bylaws, sums due for damages, an injunction, or any combination thereof, Much relief may be sought by the Association, an aggrieved Owner, or by any person or class of persons adversely affected Also, if any Owner fails to perform any obligation under the Declaration, the Bylaws, the Articles of Incorporation or such rules and regulations, then the Association may, but is not obligated to, perform the same for the Owner's account, and for such purpose may enter upon his lot or dwelling, may make necessary repairs, advance expenses or other sums necessary to cure the default, and for such expenses and costs may collect all such sums against the lot owned by such defaulting Owner B Suspension of Rights The Association also shall be entitled to suspend the right of a defaulting Lot Owner to vote as a member of the Association until the default is cured and may suspend the voting rights of and right to use of the recreational facilities of a Owner during any period in which such Owner shall be in default in the payment of any assessment levied by the Association Such rights may also be suspended, after notice of hearing as set forth in the By Laws, for infraction of published rules and regulations, but provided, however, that the right of an owner to ingress to and egress from his Lot shall not be impaired, C Remedy of Abatement in Additional to Other Remedies In the event a Owner fails to effect the cure specified by the Board where the default is a structure, thing, or condition existing in or on the premises of the Owner's Lot, the Board, or its duly authorized representative, shall have the right to enter upon the premises of the Owner's Lot in which, on which, or as to which, such default exists, and summarily to abate and remove, at the defaulting Owners expense (and collect the costs as if an assessment), the structure, thing, or condition constituting the default, and the Board, the Association, and their agents, employees, and representatives shall not thereby be deemed guilty of any manner of trespass D imunetion The Association, an aggrieved Owner, or by any person or class of persons adversely affected, is entitled to seek relief for any such default or failure and may obtain a temporary restraining order, injunction or similar relief, without first using the procedure established herein, if such default or failure creates an emergency or a situation dangerous to persons or property E Fine Any owner who shall violate the Declaration, By-laws, the articles or the Rules and Regulations may be fined in an amount as set out in the By Laws for each day of such violation Such fine shall be enforced and collected as an assessment Prior to the implementation of any fine, or the suspension of voting rights for the infraction of published rules and regulations, a hearing pursuant to the procedure set out in the By Laws F Recovery of Attorneys' Fees and Costs in any proceeding arising because of an alleged default by a Owner, the person, class of persons or Association bringing an action against an alleged defaulting Owner shall be entitled to recover the costs of such proceeding and such ERW IN, SIMPSON & STROUD Attorneys, P L,L.0 Telephone (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville NC 28540 19 Book 3178 Page 954 (Page 20 of 23) reasonable attorneys' fees and costs as may be allowed by the Court, with interest thereon at the highest rate allowed by law G Non Waiver The failure of the Association or of any Owner thereof to enforce any terms, provision, right, covenants or condition that may be granted by the Declaration, these Bylaws, the Articles, the rules and regulations, as the same may from time to time be amended, shall not constitute a waiver or abrogation of the right of the Association or a Owner or other person to enforce such term, provision, right, covenants, or condition in the future, irrespective of the number of violations or breaches thereof that may have occurred H Recovery of Fines and Expenditures Any fine, costs or expenses hereunder shall be recovered by the Association as if an assessment lien I i i REMEDIES EXTENDED TO THE STATE OF NORTH CAROLINA. To ensure that this subdivision is maintained consistent with the laws of the State of North Carolina, the State of North Carolina is specifically empowered to take such acts necessary by and through its officers to enforce any of these covenants against an owner or the Association The State of North Carolina is specifically made a beneficiary of these covenants 12 RIGHTS OF MORTGAGEES A Notice of Action A holder or insurer of a mortgage, upon written request to the Association (such request to state the name and address of such holder or insurer and the description of secured properties) will be entitled to timely written notice of (1) Any condemnation or casualty loss that affects either a material portion of the project or the Lot securing its mortgage (2) Any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Lot upon which it holds a mortgage (3) A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association (4) Any proposed amendment to the project instruments effecting a change in the boundaries of any Lot, ownership of Common Elements, if any, the number of votes in the Association pertaining to any Lot or any proposed change in the restrictions on the properties 13 INSURANCE, A Common Areas The Association's Board of Directors, or its duly authorized agent, shall have the authonty to and shall obtain blanket all-nsk insurance, for all insurable improvements on the Common Area If blanket all-nsk coverage is not reasonably available, then at a mimmum an insurance policy providing fire and extended coverage shall be obtained This insurance shall be in an amount sufficient to cover one hundred percent (100%) of the replacement cost of any repair or reconstruction in the event of damage or destruction from any insured hazard The Board shall also obtain a public liability policy covering the Common Area, the Association and its Members for all damage or injury caused by the negligence of the Association ERWIN, SIMPSON & STROUD Attorneys, P L LC - Telephone (910) 455-I800 825 Gum Branch Road Sime I IS, Jacksonville, NC 28540 20 Book 3178 Page 954 (Page ) r\ 1 , or any of its members or agents The public liability policy shall have at least a One Million and no/100 ($1,000,000 00) Dollar single person limit as respects bodily injury and property damage, a Three Million and no/100 ($3,000,000 00) Dollar limit per occurrence, and a Five Hundred Thousand and no/100 ($500,000 00) Dollar minimum property damage limn Premiums for all insurance on the Common Area shall be common expenses of the Association This policy may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost The deductible shall be paid by the party who would be responsible for the repair in the absence of insurance and in the event of multiple parties shall be allocated in relation to the amount each party's loss bears to the total Cost of insurance coverage obtained by the Association for the Common Area shall be included in the regular assessment B Individual Multi Family Units (Townhomes) By virtue of taking title to a Lot subject to the terms of this Declaration, each owner covenants and agrees with all other Owners and with the Association that each Owner shall carry homeowners or fire insurance policy which shall include public liability and blanket all-risk casualty insurance on his Unit(s) and structures constructed thereon Owner shall provide a copy of the Declaration page of the policy to Association at such tune(s) as the Association may direct Each Owner further covenants and agrees that in the event of a partial loss or damage and destruction resulting in less than total destruction of structures situate upon his Lot, the Owner shall proceed promptly to repair or to reconstruct the damaged structure in a manner consistent with the original construction in the event that the structure is totally destroyed, Owner shall elect whether to rebutld within sixty (60) days of the loss IF Owner determines not to rebuild or to reconstruct, the Owner shall clear the Lot of all debris within ninety (90) days of loss and return it to substantially the natural state in which it existed prior to the beginning of construction If Owner fails to so clear the Lot within ninety (90) days of the loss, the Declarant or Association may do so and the cost shall be assessed against the Owner of the Lot n:)u`.IM0 11�IidlJ These restrictions are subject to being altered, modified, cancelled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document executed by not less than seventy-five percent (75%) of the Lot Owners, and recorded in the office of the Register of Deeds of the County in which this Declaration is recorded 15 DECLARANT'S RIGHTS Any or all of the special rights and obligations of the Declarant may be transferred to other persons or entities, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that contained herein, and provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the county in which this Declaration is recorded ERWIN, SIMPSON & STROUD Attorneys, P LL C Telephone (910) 455-I800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 21 Book 3178 Page 954 (Page 22 of 23) Notwithstanding any provisions contained in the Declaration to the contrary, it shall be expressly pernusslble for Declarant to maintain and cant' on upon portions of the Common Area such facilities and activities as, in the sole opinion of Declarant, successors and assigns, may be rea- sonably required, convenient, or incidental to the sale, re -sale, or rental of such Lots, including, but not limited to, business offices, signs, model units, and sales/rental offices The Declarant shall have an easement for access to such facilities and activities shall include specifically the right to use residences owned by the Declarant, if any, and any which may be owned by the Association The Declarant shall have the rights (i) to use or grant the use of a portion of the Common Area for the purpose of aiding in the sale, or rental, or management of Lots, (n) to use portions of the Property for parking for prospective purchasers or lessees of Lots and such other parties as the Declarant determines, (m) to erect and display signs, billboards and placards and store and keep the same on the property, (iv) to distribute audio and visual promotional material upon the Common Area, and (v) to use or permit to be used any Lot which it owns or leases as a sales and/or rental office, management office or laundry and maintenance facility So long as Declarant continues to have rights under this paragraph, no person or entity shall record any declaration of restrictions and protective covenants or similar instrument affecting any portion of the Properties without Declarant's review and written consent thereto, and any attempted recordation without compliance herewith shall result in such declaration of restrictions and protective covenants or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant This provision may not be amended without the express written consent of the Declarant, provided, however, the rights contained in this provision shall terminate upon the earlier of (a) fifteen (15) years from the date this Declaration is recorded, or (b) upon recording by Declarant of a written statement that all sales activity has ceased 16 GENERAL PROVISIONS A Duration The covenants and restrictions set forth herein shall run with and bind the Properties for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall automatically be extended for successive ten (10) year penods unless otherwise terminated by a vote of seventy-five percent (75%) of the then record Owners of all Lots within the Properties B Severability Invalidation of anyone of the covenants or restrictions by judgment or court order shall in noway affect any other provisions which shall remain in full force and effect C Captions The captions used in this Declaration are inserted solely as a matter of convenience and shall not be relied upon or used to construing the effect or meaning of any of the text of this Declaration D Construction Whenever the context so requires, the use herein of any gender shall ERWIN, SIMPSON & STROUD Attomeys, P L L C - Telephone (910) 455 1800 925 Gum Branch Road, Suite 115, Jacksonville, NC 28540 22 Book 3178 Page 954 (Page 23 of 23) Ca be deemed to include the plural and the plural shall include the singular E Liti au, tlon No judicial oT administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five percent (750/n) of the membership and a majority of the Board of Directors This Section shall not apply, however to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of hens), (b) the imposition and collection of personal assessments, (c) proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted against it This Section shall not be amended unless such amendment is approved by the Declarant or is approved by the percentage votes and pursuant to the same procedures necessary to institute proceedings as provided above IN WITNESS WHEREOF, as the above date, Grantor (whether person, corporation, limited liability company, general partnership, limited partnership, or other entity) has signed this instrument in the ordinary course of business, by the signature(s) below if its duly authorized representative(s), as the act of such entity THE LANDING DEVELOPMENT CORPORATION BY f (SEAL) MICHAEL G TUTO , Vice President North Carolina Onslow County I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose staled therein and in the capacity indicated MICHAEL G TUTON, Vice President Date ronjial Signatum of otary e ( �tnr, Notary Public a (Notary's printed d —typed n�glgl) C 'sO� Pm (Official Seal) :ys My commission expires J 91A'494 R.IRESCOVITOWNHOMEITHRCS SINGLE PHASE 061207 ��hnnriiui�`� revised 061207 fwe1061407 K 1HD(ADORIS PLACEDORISPLACE RCS 082508(082608)REV121808dh1121908 R 15075 rev 121808 five rev fwe 020409\rev020509 rev fwe 020509 K 1HDC00RIS PLAMDORiSPLACE RCS 020609 FINAL ERWIN, SIMPSON & STROUD Attorneys, P LLC - Telephone (910) 455-1800 925 Gum Branch Road, Suite 115, Jacksonville NC 28540 23 Book 3178 Page 954 C200904300063 Prepared by FRANK W ERWIN, ATTORNEY 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 FEB 1 i 12022 ARTICLES OF INCORPORATION OF BY DORIS PLACE OWNERS' ASSOCIATION, INC SOSID 1084004 Date Filed 2/13/2009 8 36 00 AM Elaine F Marshall North Carolina Secretaq of State C200904300063 We, the undersigned natural persons of the age of eighteen years or more, acting as incorporators for the purpose of creating a nonprofit corporation under the laws of the State ofNorth Carolina, as contained in Chapter 55A of the General Statutes of North Carolina, entitled "Nonprofit Corporation Act", and the several amendments thereto, do hereby set forth The name of the corporation is DORIS PLACE OWNERS' ASSOCIATION, INC The period of duration of the corporation shall be PERPETUAL The purpose(s) for which the corporation is organized is/are a) To provide maintenance of certain real property and improvements thereon to be owned by the Association situated and lying and being in Onslow County, North Carolina, and more particularly described as DORIS PLACE, being in or near Jacksonville, North Carolina, and any other property which may be owned and controlled by the Association from time to time And further, to undertake the performance of the acts and duties incident to the maintenance, improvement, architectural control and management of said real property with any improvements thereon in accordance with the terms, provisions, conditions and authorizations contained in these Articles of Incorporation as may be necessary or convenient in the administration of the operation thereof (b) To make, establish and enforce reasonable rules and regulations governing the use of the Common Elements, land, and other real and personal property which may be owned by the Association itself, (c) To male, levy and collect assessments against Members of the Association, to provide the funds to pay for common expenses of the Association as provided in the Declaration and to use and expend the proceeds of assessments in the exercise of the powers and duties of the Association, to use said assessments to promote the recreation, acquisition, improvement and maintenance of the Common Area, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including but not limited to the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management, supervision thereof, the maintenance of insurance in accordance with the Bylaws, including the employment of attorneys to represent the Association when necessary for such other needs as may arise, (d) To maintain, repair, replace and operate the properties for which the Association is responsible, (e) To enforce by any legal means, the provisions of the Declaration, the Bylaws of the ERWIN, SIMPSON & STROUD Attorneys, P L L C Telephone (910) 455 1800 825 bum Branch Road Suite 115 Jacksonville NC 28540 C200904300063 Association, and the rules and regulations for the use of the Association property, (f) To contract for the management of the recreational property and to delegate to such manager or managers all powers and duties of the Association except those powers and duties which are specifically required to have approval of the Executive Board or the membership of the Association, (g) To have all of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration and all powers reasonably necessary to implement the purposes of the Association The Corporation shall have members as provided by the By-laws The street address and county of the principal office of the corporation is 1000 Hunters Trail, Midway Park, Onslow County, NC 28544 6 The street address, county, city, state and zip code of the initial registered office of the corporation is 1000 Hunters Trail, Midway Park, Onslow County, NC 28544 7 The name of the initial registered agent of the corporation at the above address is MICHAEL G TUTON 8 The number of directors constituting the initial Board of Directors shall be THREE (3), and the names and addresses (including street and number) of the persons who are to serve as directors until the first meeting of the corporation or until their successors are elected and qualified are Michael G Tuton 1000 Hunters Trail, Midway Park, Onslow County, NC 28544 Stephen T futon 1000 Hunters Trail, Midway Park, Onslow County, NC 28544 Sue C Tuton 1000 Hunters Trail, Midway Park, Onslow County, NC 28544 9 The name and address (including street and number) of the incorporator(s) is/are (Only one incorporator is required) MICHAEL G TUTON, 1000 Hunters Trail, Midway Park, Onslow County, NC 28544 ERWIN, SIMPSON & STROUD Attorneys, P L L C -Telephone (910) 455-1800 825 Gum Branch Road Swte 115 Jacksonville NC 28540 -2- CUa904300063 10 Any other provisions which the corporation elects to include are as follows (a) The Corporation shall have all the powers granted non-profit corporations under the laws of the State of North Carolina Notwithstanding any other provision of these Articles, this Corporation hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986 This Corporation shall not carry on any activities prohibited by a Corporation electing tax-exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law It is further provided that no distributions of income of the Corporation are to be made to members, directors or officers of the corporation, provided, however, that members of the Corporation may receive a rebate of any excess dues and assessments previously paid (b) In the event of the dissolution of the corporation or the winding up of its affairs or the liquidation of its assets, the corporation's property shall not be conveyed to any organization created or operated for profit or to any individual for less than the fair market value of such property, and all assets remaining after the payment of the corporation's debts shall be conveyed or distributed only to an organization or organizations created and operated for nonprofit purposes similar to those of this corporation (c) The corporation shall indemnify all directors, officers, employees and agents against liability and expenses in any proceeding (including without limitation, a proceeding brought by or on behalf of the corporation itself) arising out of their status as such or their activities in any of the foregoing capacities 1 he corporation shall also, and to the same extent, indemnify any person, who at the request of the corporation is or was serving as a director, officer, partner, trustee, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise or as a trustee or administration under an employee benefit plan Such persons shall be entitled to recovery from the corporation of reasonable costs, expenses, and attorneys fees in connection with the enforcement of rights to indemnification granted herein, pursuant to NCGS 55A-8-50 et seq IN WITNESS WHEREOF, I have hereunto set my hand and seal this �'(Tl— day of FEBRUARY, 2009 -1_�{ L : (SEAL) MICHAEI G 1 UTON, INCORPORATOR DATA\H OA\A RTINC-H OA(043098)RE V 012600\032900\050703 K\HDC\DORISPLACE\CSA\ARTSINC-HOA(020309)rev020409 C5902-CV-09 ERW IN, SIMPSON & S 1 ROUD Attorneys, P L L C - Telephone (910) 455 1800 825 Gum Branch Road Suite 115 Jacksonville NC 28540 -3- State of North Carolina Department of the Secretary of State SOSID 1084004 Date Filed 4/5/2021 2 06 00 PM Elaine F Marshall North Carolina Secretary of State C2021 089 09508 NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE Pursuant to §55A-16-23(b) of the General Statutes of North Carolina, the undersigned nonprofit corporation does hereby submit the following for the purpose of changing its principal office address currently on file with the Secretary of State INFORMATION CURRENTLY ON FILF The name of the corporation is Doris Place Owners' Association, Inc The street address and county of the principal office of the corporation currently on file is Number and Street 1000 Hunters Trail City, State, Zip Code Midway Park NC 28544 Coumv Onslow The mailing address rfd�fferent from the street address of the principal office currently on file is NEW INFORMATION The street address and county of the new principal office of the corporation is Number and Street 1512 Gum Branch Road City, State, Zip Code Jacksonville NC 28540 The mailing address if different from the street address of the new principal office is This statement will be effective upon filing, unless a later date and/or time is specified This is the_,g&_day of /i/AjX.0 , 20-9-L- FEB 10 2022 I CountyOnslow Doris Place Ow rs' Associ ion Inc Na of Co ion A 9jjtL�%ifi Signa,ure Danny Miller, President Type or Print Name and Title NOTES I Filing fee is $5 This statement must be filed with the Secretary of State BUSINESS REGISTRATION DIVISION P O BOX 29622 RALEIGH, NC 27626 0622 (Revised August 2017) Form N-12 C202108909510 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT SOSID 1084004 Date Filed 4/21/2021 11 39 00 AM Elaine F Marshall North Carolina Secretary of State C2021 089 09510 Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office and/or registered agent in the State of North Carolina I INFORMATION CURRENTLY ON FILE I The name of the entity is Doris Place The street address and county of the entity's registered office currently on file is Number and street 1000 Hunters Trail air Midway Park State NC Zip Code 28544 County Onslow The mailing address if differenr from the sweet address of the registered office currently on file is Number and Street City State NC Zip Code The time of the current registered agent is Michael G Tuton NEW INFORMATION The street address and county of the new, registered office of the entity is (complete this item only if the address of the registered of)4ce rs being changed) NumberandStreet 1512 Gum Branch Road city Jacksonville State NC Zip Code 28540 2 The mailing address ffdWerent from the sweet address of the new registered office is (complete this item only rf the address of the registered office is being changed) Number and Street County b mz tl s 1 tr,. ` m CnnntyOnslobv City State NC Zip Code County 3 The name of the new registered agent and the new agent's consent to appointment appears below (complete this item only if the name of the registered agent is being changed) Advantage Gold Realty,:r^C �Si 1///l�m & Title f l_ rl �rygeorPrALJOin Ntn�(NewAgent aSignaturedETitle 4 The address of the enti 's registered office and the address of the business office of its registered agents as changed, will be identical 5 This statement will be effective upon filing, unless a date and/or time is specified Thisisthe—jadayof Aat ._,20A Dons Place O is ociation Inc nary Signature Denny Miller President Notes Filing fee is SS 00 This document must be flied with the Secretary of State Type or Print Name and Tale • Instead of signing here, the new registeed agent may sign a separate written consent to the appointment, which must be attached to this statement. BUSINESS REGISTRATION DIVISION P O BOX 29622 RA3LEIGH, NC 27626-0622 Revised July 2017 1 Form BE 06