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HomeMy WebLinkAboutSW8960704_CURRENT PERMIT_20220222STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Q 0-1 Uy DOC TYPE CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2C) 7_ 2 0 2 22 YYYYMMDD ROY COOPER Governor EUZABETH S. BISER Secretary BRIAN WRENN &rector February 22, 2022 Brewster Place Homeowners' Association, Inc. Attn: Robbin Nelson, President 702 Brewster Lane Wilmington, NC 28412 NORTH CAROLINA Envfronmentar Quality Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8%0704 Brewster Place New Hanover County Dear Ms. Nelson: 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. The Division of Energy, Mineral and Land Resources received a corn [etc 8-year Permit Renewal Application for the subject permit on February 14, 2022. The Division is hereby notifying you that permit SW8960704 has been renewed, updated, and re -issued on February 22, 2022, as attached. As requested, a copy of the current operation and maintenance agreement is also enclosed. Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until September 12, 2028 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.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov. Sincerely, ,Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents Copy of the current operation and maintenance agreement DES/ems: \\\Stormwater\Permits & Projects\ 1 996\960704 HD\2022 02 permit 96704 cc: Wilmington Regional Office Stormwater File r/D En North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources Wilmington Reglonal Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 +�v� / 910.796.7215 Post -Construction Stormwater Management Permit No. SW8 960704 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Brewster Place Homeowners Association, Inc. Brewster Place Carolina Beach Road, New Hanover County FOR THE operation and maintenance of 2 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until September 12, 2028 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 on page 2 of this permit. The subdivision is permitted for 112 lots, each allowed a maximum amount of built -upon area as follows: Lots 1-60 @3,774 ft2; Lots 85-112 @4,016 ftZ; Lots 61-74 @2,305 ftZ; and Lots 75-84 @2,639 ft2. 3. 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. 4. Lots 61-84 are low density and allowed to sheet flow offsite. Page 1 of 6 Post -Construction Stormwater Management Permit No. SW8 960704 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. b. C. d. a. I C. d. e. f. 9 h. 9 M. Pond A Drainage Area, acres: 16.09 Onsite, ftz: 700,891 Offsite, ftz: N/A Total Impervious Surfaces, ftz: 350,426 Lots at 60 ftz: 3774 Roads/Parking, ftz: 123,986 Other, ftz: N/A Offsite, ftz: N/A Average Pond Depth, feet: 6.5 TSS removal efficiency: 90% Design Storm: 1" Permanent Pool Elevation, FMSL: 21.45 Permitted Surface Area @PP, ftz: 22,892 Permitted Storage Volume, ft3: 36,291 Temporary Storage Elevation, FMSL: 23.3 Controlling Orifice, inches: 2.5"0 pipe Permanent Pool Volume, ft3: 57,183 Forebay Volume, ft3: 11,436 Maximum Fountain Horsepower: 1/6 hp Receiving Stream / River Basin: Mott Creek / Cape Fear Stream Index Number: 18-82 Classification of Water Body: "C Sw" Drainage Area, acres: 8.17 Onsite, ftz: 355,987 Offsite, ftz: N/A Total Impervious Surfaces, ftz: 179,417 Lots at 29 ftz: 4,016 Roads/Parking, ftz: 62,953 Other, ftz: N/A Offsite, ftz: N/A Average Pond Depth, feet: 6.5 TSS removal efficiency: 90% Design Storm: 1" Permanent Pool Elevation, FMSL: 16.15 Permitted Surface Area @PP, ftz: 10,511 Permitted Storage Volume, ft3: 25,808 Temporary Storage Elevation, FMSL: 17.6 Controlling Orifice, inches: 1.5"0 pipe Permanent Pool Volume, ft3: 25,808 Forebay Volume, ft3: 5,161 Maximum Fountain Horsepower: 1/8 Receiving Stream / River Basin: Mott Creek / Cape Fear Stream Index Number: 18-82 Classification of Water Body: "C Sw" Page 2 of 6 Post -Construction Stormwater Management Permit No. SW8 960704 II. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 2. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 3. 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. 4. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 5. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 6. 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. 7. 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. 8. 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 project 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. Page 3 of 6 Post -Construction Stormwater Management Permit No. SW8 960704 9. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 960704. as issued by the Division under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, DEMLR. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is as follows: Lots 1-60 @3,774 ftZ; Lots 85-112 @4,016 ftZ; Lots 61-74 @2,305 ftZ; and Lots 75-84 @2,639 ftZ. The allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Except for Lots 61-84, all runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 10. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 11. Decorative spray fountains are allowed in the pond, subject to the following criteria: a. The minimum permanent pool volume is 30,000 cubic feet. b. The fountain must draw its water from less than 2' below the permanent pool surface. C. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. d. The fountain may not be placed into the forebay. e. The falling water from the fountain must be centered in the main pond, away from the shoreline. f. The maximum horsepower for a fountain in Pond A is 1/6 horsepower, and in Pond B is 1/8 horsepower. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 13. 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. Page 4 of 6 Post -Construction Stormwater Management Permit No. SWB 960704 14. 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. 15. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 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). 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. 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 project 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. a. 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; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. 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 project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects 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. Page 5 of 6 Post -Construction Stormwater Management Permit No. SW8 960704 b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit renewed, updated and reissued this the 22nd day of February 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �Z, Snan Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 960704 Page 6 of 6 Attachment C - Permitting History Brewster Place Permit No. SW8 960704 Approval Date Permit Action BUMS Version Description of the Changes 9/12/1996 Original Approval 1.0 7/6/2009 Renewal 2.0 Renewal/Transfer. Transfer paperwork was submitted but never processed; from Saturn Development to Brewster Place HOA 2/22/2022 Renewal 3.0 Expires September 12, 2028 PermitNumber`50' 0 C (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. �IQ The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 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: Potentialproblem: How I will remediate theproblem: 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 lon approximately six inches. Form SW401-Wet Detention Basin O&M-Rev.4 Page I of 4 .. ,i'{ __ Y'1•.. :lJ.3J • .. is r.. l...•11.�. • .♦ J•ltt $� �.j\ .�., .. rl : Ir .I' .1 u • 1. ,' 1 "ii 7 r rif . f':11 t.. 1 4.r lil),r -r y .Li- I. rl. n .•,,., r11 'J. �, 11 It. r -t� f) ,.{ ,1, '• ir' . � t: i(I ... r ... 11 ,.. (lor- a r. ., I l 1 ., r t •.: T .. .. ., .. ., .I• �' .pit Permit Number: (to be provided by DWQ) Drainage Area Number: BMP elemenh Potentialproblem: How I will remediate theproblem: 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. Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4 1 r I� � �rli'l rll r• 1 r. t � i 1- Dili ��. � •.1 rll l r. � i'l r r -- 1 ' r. t �1' I. i �( .r r •/ Ij f. r r ( - 1� ' � ' 1 r 1 il' :Il• . � Il 1' ; ' I � r I' .. I ) .. r. r. r li: r 1 .1 rl r r 1 .L .. r � F I � ... .1 j .. � r r. r . � � .' I"� i' / .) 1 . A ' � 1 1.• 11 �11 , it .,. .,1 rl, ' r r r 1. I r r. 1 4 i r I. .. IJr. 11.. � � � r 1 � I � 1'. l � ,il �. r i. i. .I i. r. �P/1'1 '•f�l 'ra I11 .1.•7.1 r.. �L r: • � L r l ;^. 'till. �.. 1 1 r t.� .. �;r Permit Number: (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: 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. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of 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 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Sediment Removal Bottom NA 11 ----------------- FOREBAY tft Min. Sediment Storage Permanent Pool Elevation 223 Pool Sediment Removal Elevation >Z Voluml --------------------------- ------ Bottom Elevation IS FA h101W] 1-ft Storage Form SW40I-Wet Detention Basin O&M-Rev.4 Page 3 of 4 0 Permit Number: (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: Brewster Place Phase 1 BMP drainage area number: Ph 1. Pond 1 Print name:Tara Day for Brewster Place Homeowner's Association Title:President Address: c/o CAMS 1630 Military Cutoff Road, Wilmington, NC 28403 Date: ����5 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, 4 l i , a Notary Public for the State of cwdnpt County of �,Lx�eQ , do hereby certify that �7Q(2h _ \ )R A personally appeared before me this day oK_�LAn,12 2nnPA and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, pNN iCi���i `t; RG�' ..nTaRV SEAL PUBLIC My commission expires Q.JC)U, -E.„I JUN 0 9 2009 M. Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 'h•4r.tt. Y•. �.1. l I a Permit Number: (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: Brewster Place Phase 1 BMP drainage area number: Ph 1, Pond 2 Print name:Tara Day for Brewster Place Homeowner's Association Title:President Address: c/o CAMS, 1630 Military Cutoff Road, Wilmington, NC 28403 Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. I,aR���� �� li� a Notary Public for the State of ��\ 1ptm , County of V)DAOPdo hereby certify that —my Q P. "u personally appeared before me this day of _�Ct to o , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, NOTARY PUBLIC = oF4b V SEAL My commission expires K.)w • a a - EK-M _'�'c _S SUN � 9 J0 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 1 r _ r,, �rr,r... r I,i r i ..• .' � � ; AJ('.'i. . �. I(`. a tiny i� 1): r't.[ 1'r J; I' v � t�l�lf .fll Lr •� �iY. al n"t• r .i.:'�L!, ;;fir, •J.. r i.,' � DEMLR USE ONLY Date Received Fee Paid Permit Number Sc 52 s 53s 9l0 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 960704 2. Project name: BREWSTER PLACE 3. Project street address: _ City: WILMINGTON County: NEW HANOVER ZIP: 28412 4. What, if any, changes have been made to the project as permitted? NONE If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/abouYdivisions/energv_ min era I-land-resources/e n erg v-min era I-land-ru I es/sto rmwater-p rog ra m/post-construct ion. 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.goy/about/divisions/energv-mineral-land- resources/energv-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: BREWSTER PLACE HOMEOWNERS ASSOC. 2. Signing Official's Name: ROBBIN NELSON 3. Signing Official's Title: PRESIDENT, BOARD OF DIRECTORS 4. Mailing Address: 702 BREWSTER LANE City: WILMINGTON State: NC ZIP: 28412 5. Street Address: _ City: State: ZIP 6. Phone:( 910 ) 620-5194 Email: NELSONROTTIES@GMAIL.COM '�\'c1w, Car vJay. Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 1u C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. each item below to indicate that the required information is provided in the application package: �Initial 1. A permit application processing fee of $505.00 payable to NCDEQ. f/t OttiS� 2. One original signed hard copy and one electronic copy of this completed form. The sighing 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 I�3. signature of another entity. One hard copy and one electronic copy of recorded documents required by the original permit that T 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. 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 Er 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. Designer 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). httos://www.sosnc.gov/online services/search/by title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION 1, ROBBIN NELSON , 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 project s, o—raNnership. All information provided on this permit renewal application is, to the best of my Signatu NOTARIZATION: that this the J, County of sr day ofJ tknUU,;V execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) I a Notary Public for the State of do hereby certify personally appeared before me 20 ciZ and acknowledge the due �'!!!!lJlrrr!! r ---------- Tracey 1 Bass N Notary Public `))Now HanoverCounty `, llllNorth Carolina `1111) irrrrririirrrr rrrrrrrrlJlr�� Notary• - Cr My commission expires 1 Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 ..' �_ c. ,an.c�r, I/�Oj`.7l}t }�i 1±JAI^ f. ,�� i tu�A f' f)°, �'? �� Permit No. JWS9(ob7aY,,t4jo (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Contact Person: For projects with multiple elevations Basin Bottom Elevation ?ermanent Pool Elevation Temporary Pool Elevation gwgtti Phone Number: (9/0) 'y S6—/O.¢ 3_ specify which basin this worksheet applies to: f 1 S, ft. (floor of the basin) ZZ, z (( ft. (elevation of the orifice) Z4, oo ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area I B. sq. ft. (water surface area at the orifice elevation) Drainage Area /6, 09 ac. (on -site and off -site drainage to the basin) Impervious Area 9, O S- ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume S77,3 133_ cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 3 6�0 cu. ft. (volume detained above the permanent pool) Forebay Volume AIIA- cu. ft. (approximately 20% of total volume) Other parameters SA/DA1 z, 3 (surface area to drainage area ratio from DWQ table) Diameter of Orifice 2:,() in. (2 to 5 day temporary pool draw -down required) Design Rainfall /' 0 in. ^'design TSS Removal 2 90 % (minimum 85% required) Form SWU-102 Rev 3.99 Page t of 4 Footnotes: When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non -,- - standard table entries. i In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. H. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials 14IF � a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. /if (,7, c. The temporary pool controls runoff from the design storm event. A %C, d. The temporary pool draws down in 2 to 5 days. N4 e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3:1. // , R. g. The basin side slopes above the permanent pool are no steeper than 3:1. /Z. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). 'A i. Vegetative cover above the permanent pool elevation is specified. I?I j. A trash rack or similar device is provided for both the overflow and orifice. //ri1, k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the �y basin is specified prior to use as a wet detention basin. �I ALL— in. A mechanism is specified which will drain the basin for maintenance or an emergency. Y POr4a 6lG '0uMP 'iv be, used in CuSc oT III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does does not 16 This system (check one) 0 does does not incorporate a vegetated filter at the outlet. incorporate pretreatment other than a forebay. i Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads A S 75feet in the main pond, the sediment shall be removed. When the permanent pool depth reads L 81 feet in the forebay, the sediment shall be removed. Sediment Bottom El. t2 4 S- �-_ on 45" FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation ZZ. Z 6' Sediment Removal Elevation 1730 S Bottom Elevation JST* MAIN POND 75% 25% 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven �= l maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: /• V 5 A/-•Fo Address: 190¢ C� woos( �o.� Su' fr ZlZ : /n /� Aft- ir9A3 Date: r7—"T 11) 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 ber n named the president. I, /—/ /✓D (�%� ail/ K�/ii�2�G l' , a Notary Public for the State of INILH e-4&61X) County of l- NQ IZ do hereby certify that V ' S%t P -Flo personally appeared before me this 5'1 day of tgPlf /G , -2 L2O�, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires Form SWU-102 Rev 3.99 Page 4 of 4 Permit No. C�ti89G 070q /kd�+\ (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Contact Person: Phone Number: For projects with multiple basins, specify which basin this worksheet app] elevations Basin Bottom Elevation 0, 1 rL ft. 7ermanent Pool Elevation Temporary Pool Elevation ft. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) areas Permanent Pool Surface Area [2 sq. ft. (water surface area at the orifice elevation) Drainage Area Q, /7 ac. (on -site and off -site drainage to the basin) Impervious Area 4-1 1 Z ac. (on -site and off -site drainage to the basin) volumes Permanent Pool Volume Z2',gOB cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 3Zi 31 G cu. ft. (volume detained above the permanent pool) Forebay Volume :cu. ft. (approximately 20% of total volume) Other parameters SAIDAI Z, 37, (surface area to drainage area ratio from DWQ table) Diameter of Orifice 2:. o in. (2 to 5 day temporary pool draw -down required) Design Rainfall 1.0 in. Design TSS Removal 2 90 % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should he computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for noni-- standard table entries. i In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). / b. The forebay, volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. If. d. The temporary pool draws down in 2 to 5 days. Nei- e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow, - calculations) f. The basin length to width ratio is greater than 3:1. /Z. g. The basin side slopes above the permanent pool are no steeper than 3:1. //,/?, h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). 141/!, i. Vegetative cover above the permanent pool elevation is specified. f/d2. j. A trash rack o.r similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 141a. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. -Y 9,17 . in. A mechanism is specified which will drain the basin for maintenance or an emergency. Yor-fa h/c paeAr to dc. aSce,/in �nre, oi` p�tMeroJc- / . III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does rdoes not incorporate a vegetated filter at the outlet. This system (check one) 0 does does not incorporate pretreatment other than a forebay. i Form SWIJ-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4 S 7 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads feet in the forebay, the sediment shall be removed. Sediment Bottom EI.l3 97f ------------ on Jr- 60 FOREBAY BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation A411 5- Sediment Removal Elevation LGZ 7 5 Bottom Elevation MAIN POND 75% 25% 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. — 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven �. maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: -5-14��� Address: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and pa�resident of the subdivision has been named the president. I, ///yX Z-f-) le//h B2 a Notary Public for rrJthe State of MC711 O'M6611yl , County of /" `It/0 2: 2- , do hereby certify that /� U .574 /= % O personally appeared before me this /5''' day of ����G 2OU Z, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, ".I. , I I X' Y.. /13 SEAL My commission expires /ZOOS Form SWU-102 Rev 3.99 Page 4 of 4 State Stormwater Management Systems Permit No. SW8 960704 Brewster Place Stormwater Permit No. SW8 960704 New Hanover County Engineer's Certification I, & euard /2e sn i K . f? , as a du re ' red Professional Engineer in the State of North Carolina, having been authorized observe riodi weekly/full time) the construction of the Project, l"7 r e'Las%1- /��ac.� ��4 c� / (Project) for .Sa -�u rn De.. (,gp^ , e, f(Prcject Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such observed to be built within substantial compliance and intent of the approved plans Noted deviations from approved plans and specification: �— .�` �(H CARP fESS%�;'1q�" 2 s " SEAL ' 025483 Signature Registration Number 3 Z"ST- ,,,,... ,,,0„, Date�- that the construction was and specifications. 7 i u�Ai �� ��u uui uii inn uiu iiii uui u�i u� u�i 2003077338 FOR REGISTRRTIONCRERISTIRN OF DEEDS NEWQNOVER CONNTY, Nc 20D3 DEC 04 G2 47,31 R BK 018 pG 571-573 FEE $11.00 INSIRel 1100301 S STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SUPPLEMENTAL AND AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE, PHASE TWO THIS SUPPLEMENTAL DECLARATION, made and entered into this 3rd day of December, 2003, by SATURN DEVELOPMENT CORP, a North Carolina corporation, hereinafter referred to as "Declarant" or "Developer", and TFT & CO , INC (the "Owner"); WITNESSETH WHEREAS, Declarant has subjected Sections One, Two, Three and Four, Brewster Place, as the same are shown on maps thereof recorded in Map Book 36, Page 282, Map Book 37, Page 216, Map Book 38, Page 312, and Map Book 39, Page 348, and Phase Two, Sections One and Two, to Brewster Place, the same being shown on a map thereof recorded in Map Book 41, Page 230, and Map Book 42, Page 373, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry, as amended, and WHEREAS, Declarant has added Phase Two, Section 3, to Brewster Place, the same being shown on map thereof recorded in Map Book 45, Page 56, in the office of the Register of Deeds of New Hanover County, and WHEREAS, Declarant desires for Phase Two, Section Three, Brewster Place, to be subject to the Declaration. NOW, THEREFORE, the Declarant hereby declares that all of the property within Phase Two, Section Three, Brewster Place, as described above, and all future sections within Phase Two, shall be held, sold and conveyed subject to the Declaration, as hereby amended, which Declaration shall run with the land and be binding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof Record of Poor Quality Due To RETURNED TO 11JU0411 Condition of Original Document GS 161-14 -2- IN TESTIMONY WHEREOF, Declarant and Owner have caused this instrument to be signed in its corporate name by its president pursuant to authority of Declarant and Owner's Board of Directors as of the day and year first above written SATURNVLEOPPKNT CORP By President TFT & CO INC By � l�tt�.,-� t`', r- -t President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER L K - I. bL4 a Notary Public, certify that P-7—iAmell- personally cdWe before me this day and acknowledged that he is We President of SATURN DEVELOPMENT CORP., a corporation, and that he, as President, being authorized to do so, exec ted the f regoin on behalf of said corporation, Witness my hand and seal, this the day of�q� 03 My commission expires:—L- (SEAL) otary ublic rg �; STATE OF NORTH CAROLINA COUN7 OF NEW HANOVER Fii v a Notary Public, certify that�if� personally cEh a before r this day and acknowledged that he is th President of TFT & CO.. INC., a corporation, and that he, as President, being authorized to do so, exec t d the for going on behalf of said corporation. Witness my hand and seal, this th day of �2003 My commission expires: Rn, otary Public %` (SEAL) pi, :LAC RN '''« 4114 t"0" REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 f NNIif IfN Nlfffl.NNYllN Yff.N..Y.f l..Yflff.. if *lf fill!I Y... f ff f YfYY N1 ff.NYYYYff.YN. N Y N.YYff Flied For Registration: Book: Document No.: 12/04/2003 02:47:31 PM RE 4118 Page: 571-573 2003077338 D/T 3 PGS $17.00 Recorder: JACQUELINE NELSON N.YYYNI N..YHH1 NYNN1N Y f1H 1N NN NNH IHRf f111ff 1N11fNNf fH1N1HYHN1fHNIfffIN111f H111HNf 11f1Yf1.Yf State of North Carolina, County of New Hanover The foregoing certific of AMY R THOMPSON Notary is certified to be correct This 4TH of December 2003 REBECCA IN. HRNTIA GISTER OF DEEDS By: of YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT, PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2003077338* 2003077338 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER FOR REGISTRATION REGISTER OF REBECCA T. CHRISTIAN NEW HANOVER COUNTY, NC 2001 OCT 24 09:32:43 AM B OTRUMENT3452001047484-337 1D INS SUPPLEMENTAL AND AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE Tf S SUPPLEMENTAL DECLARATION, made and entered into this 0_ day of _, 2000, by SATURN DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as "Declarant' or "Developer"; W ITNESSETH: WHEREAS, Declarant has subjected Sections One, Two, Three and Four, Brewster Place, as the same are shown on maps thereof recorded in Map Book 36, Page 282, Map Book 37, Page 216, Map Book 38, Page 312, and Map Book 39, Page 348, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry, as amended; and WHEREAS, Declarant has added Phase Two, Section One, to Brewster Place, the same being shown on a map thereof recorded in Map Book 41, Page 230, in the office of the Register of Deeds of New Hanover County; and WHEREAS, Declarant desires to for Phase Two, Section One, Brewster Place, to be subject to the Declaration; and NOW, THEREFORE, the Declarant hereby declares that all of the property within Phase Two, Section One, Brewster Place, as described above, and all future sections, shall be held, sold and conveyed subject to the Declaration, as hereby amended, which Declaration shall run with the land and be binding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof. IN WITNESS WHEREOF, Saturn Development Corp., the Declarant herein, has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers as of the day and year first above written. ATTEST: SATURN DEVLEOPMENT CORP. By: / GVWiV✓ _ President � R RINED TO DEEDS 00 -2- STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a „Notary Public of the County and State aforesaid, certify that • c�• personally came before me this day and acknowledged that he is the Secretary of SATURN DEVELOPMENT CORP., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or seal, thisa day of Qck6e& 2001. laS # 124& Notary P blic My commission expires: --7 - J, a( (SEAL) SAW0JLtVmtod8tWPOOCSIBREWSTEROft:amions�Br stePnTwo-Sect dec.wpcwme ,��quunp�ry� RE,c,o NOTARY /'ypLtC z -t.ttttttt,,,, REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 Filed For Registration: 10/24/2001 09:32:43 AM Book: RE 3081 Page: 335.337 Document No.: 2001047484 DECL 3 PGS $10.00 Recorder: KAREN D GALLOWAY M1lYI� �MNMYN State of North Carolina, County of New Hanover The foregoing certificate of KELLY REPKO Notary is certified be correct. T f s 24TH of October 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: Deputy/Aw1QYwt Register of Deeds *2001047484* zao,N74& b 2811 0587 STATE OF NORTH CAROLINA SUPPLEMENTAL AND AMENDED DECLARATION OF COVENANTS COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE THIS SUPPLEMENTAL DECLARATION, made and entered into this 7—day of September , 2000, by SATURN DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as'Declarant' or "Developer"; WITNESSETH: W WHEREAS, Declarant has subjected Sections One, Two and Three, Brewster Place, as the same are shown on maps thereof recorded in Map Book 36, Page 282, Map Book 37, Page 216 and Map Book 38, Page 312, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry, as amended; and WHEREAS, Declarant has added Section Four to Brewster Place, the same being shown on a map thereof recorded in Map Book 39, Page 364. in the office of the Register or Deeds of New Hanover County; and WHEREAS, Declarant desires to for Section Four, Brewster Place, to be subject to the Declaration; and WHEREAS, Declarant desires to amend the Declaration as it applies to Section Four, Brewster Place, and to other Additional Property which may subsequently be added to the Subdivision. NOW, THEREFORE, the Declarant amends the Declaration as follows: A. Article VI, Section 2.A. is amended to read as follows: A. Each dwelling shall have a minimum of 900 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used in the minimum requirements shell be the total area within a dwelling which is framed -in pursuant to the North Carolina Building Code which is suitable to be converted to heated area at a later date, but for which insulation, plumbing, electrical and interior finish has not yet been completed; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. Declarant hereby declares that all of the property within Section Four, Brewster Place, as described above, and all future sections, shall be held, sold and conveyed subject to the Declaration, as hereby amended, which Declaration shall run with the land and be binding on all parties having any right, title or interest in the described property or L. t r�%=dTo tkt 011,, wrQL. I y BOOK PAGE 2811 0588 .2. any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof. IN WITNESS WHEREOF, Saturn Development Corp., the Declarant herein, has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers as of the day and year first above written. ATTEST,:: / STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SATURN DEVLEOPMENT CORP. By: % L v1.L '—'—C' President STATE OF NORTH CAROLINA Nm Hmover Cantcyywau� Newry (Norris) ftMj. W n mIUW a e. omex ns us L—L+y er �r }eeG br CC+..r e.. as . w a«. a Dt�eDe/y/rwiryr I, a Notary Public of the County and Stale aforesaid, certify that _ 41. 1 7. Sc_U4, , personally came before me this day and acknowledged that he is the Secretary of SATURN DEVELOPMENT CORP., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or seal, this&], day ofiy@000. ky o o. Q QoPjC;;-, Notary Public My commission expires: S-S -dJU (SEAL) i WK:aa�WPDOCS:BREWSTERgdraimrHrwa:NEx+pE.M,n r-- #OTARb MARY SUE COTS pUe6,e P. REGISTER OF D.LDS ��..,..,.• •.r4r' fv NEW HANOVER COUWTY Ilk — — — - — BOOK PACE 8.. 701 027Y STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND COUNTY OF NEW HANOVER RESTRICTIONS OF BREWSTER PLACE THIS AMENDMENT TO DECLARATION, made and entered into this J7 day of 2000, by SATURN DEVELOPMENT CORP— a North Carolina corpl6ration, Areinafter referred to as "Declarant" or "Developer"; nnn0g1 WITNESSETH: The Declarant hereby amends Article V II, of the Declaration for Brewster Place recorded in Book 2151, Page 348, New Hanover County Registry (the "Declaration") by adding the following: SECTION 8. Conservation Areas. In developing the subdivision, the Declarant has agreed with the Department of the Army, Corps of Engineers, pursuant to an agreement to resolves violation of the Clean Water Act, to restrict and prohibit any future filling or other detrimental activities in the Conservation Areas which presently exist In the subdivision. Accordingly, all Conservation Areas shown and delineated on the subdivision plan (need to include recorded book and plat description) shall be left in their natural state. No buildings or site improvements shall be permitted within the Conservation Areas; however, piers, walkways and other structures erected on pilings are permitted provided the pilings do not result in fill as defined by regulation or statute. Prohibited site improvements shall Include denuding, clearing, cutting of trees, seeding, or altering the existing grade of any Conservation Area. No fill may be placed in any Conservation Area, not may any excavation be performed In any Conservation Area. Thls covenant is intended to insure compliance with an enforcement action with the Department of the Army and may be enforced by the United States of America. Notwithstanding any other provisions contained herein, this paragraph may not be amended, deleted, revised without the written consent of the United States Army, Corps of Engineers. Developer confirms that the Declaration as hereby amended, shall remain in full force and effect. % All capitalized terms used herein shall have the meaning defined in the Declaration. IN WITNESS WHEREOF, Saturn Development Corp., the Declarant herein, has caused this instrument to be executed in its corporate name and Its corporate seat affixed by its duly authorized officers as of the day and year first above written. :.10 ?LO 04- SATURN DEVEDI ,k.EOPMT CORP, 0=N ��y" a%2i�-" pa4l :. By: 1 luM i 1 u^"t r' =:7fwy,"'r•'� ,.�_a} President Gl itluj Fo p •p�p`0°r'rCaaE.'Secretary OZC ttr©i2ATE SEAL) w 2,i _2 BOOK PAGE 2000FEB -7 AM11:19 ? 7 0 1 0275 RECORDED AND VERYIE0 tlAll'f SUE DOTS REGISTER (IF GELDS PIE19 NARO:'cR cri. HC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 I, a Notary Public of the County and State aforesaid, certify that utClnU hre.ch.e-,. , personally came before me this day and acknowledged that She is the ecptary of SATURN DEVELOPMENT CORP., a North Carolina corporation, and that by author ty duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its (�,-5-,�.ecretary. WITNESS my hand and official stamp or seal, this M day of January, 2000. IC/tS� 2. (y704E/(1-,f otary Public My commission expires: 15 -auosuorF90 uuRtiTr�ou o CONDITION OF ORIGINAL DOCUMENT O.S.161-IA STATE OF NORTH CAROLINA New Hanover County Th, Fu.Vi.1) M .ed Cvu ...(Q of Nw.y Mewin) Pudic i✓ v. artifsd .a M worst �'r Thi. We _l. dry afJ� V V v �Mary W. fmv, A,tdaar of Dee Nptyfa........ a BOOK PAGE ?608 0617 STATE OF NORTH CAROLINA SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND COUNTYOF NEW HANOVER RESTRICTIONS OF BREWSTER PLACE THIS SUPPLEMENTAL DECLARATION, made and entered into this .Z day of / Ar-clt_ , 1999. by SATURN DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as "Declarant" or "Developer"; WITNESSETH: 00021'7 WHEREAS, Declarant has subjected Section One and Section Two, Brewster Place, as the same are shown on maps thereof recorded in Map Book 36, Page 282. and Map Book 37, Page 216 in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 34B of the New Hanover County Registry, as amended in Book 2317, Page 0721 and Book 2503, Page 0391, New Hanover County Registry ( the "Declaration"); and WHEREAS, Declarant has added Section Three to Brewster Place, the same being shown on a map thereof recorded in Map Book 39, Page 3/.Z, in the office of the Register of Deeds of New Hanover County: and WHEREAS, Declarant desires to for Section Three, Brewster Place, to be subject to the Declaration. NOW, THEREFORE, the Declarant hereby declares that all of the property within Section Three, Brewster Place, as described above, shall be held, sold and conveyed subject to the Declaration, which Declaration shall run with the land and be binding on all parlies having any right, title or interest in the described property or any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof. IN WITNESS WHEREOF, Saturn Development Corp., the Declarant herein, has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers as of the day and year first above written. ATTEST: SATURN DE��VL�E��O,PyMENT CORP. By: President BOOK PACE --'' t, 608 0618 '99JUL 19 PM 9 Rom. RDED k VERIFIED NARY SUE DOTS r+ STATE OF NORTH CAROLINA CCI:STER OF DEEDS COUNTY OF NEW HANOVER li?.".',.'.';DYER CO. NO I, a Notary Public of the County and State aforesaid, certify that f�. V. sqd" , personally came before me this day and acknowledged that he is the Secretary of SATURN DEVELOPMENT CORP., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or seal, this ,'L day of Izartk', 1999. ll�bqA-r� Notary Public My commission ezpires;,2 -,10 -30d� (SEAL) OFFICIAL SEA IWn inew'. Mew tonb V. M. STRACHAN Ne .ry pLlk U IWP0OGSkeREW$iET9rtwf1U4[e.w1Awnn Mlfm�.Aa ' STATE OF NORTH CAROLINA New {Hanover County The FousoinyJ ft.Y C<NmmwO or Now,, (Neeiu) PoMlie is/ ere ee tifieE eo h weea hie meh dey or i9 95 m. s oota. Ne M pary/Arpiae . rf, �r . 1 ) (� BOOK PAGE 0J 2 3 5 9 0 g 7 5 BOOK PAGE 2503 0391 \0' STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE rn HIS AMENDMENT TO DECLARATION, made and entered into this 2ff day of u 1998, by SATURN DEVELOPMENT CORP.., a North Carolina ina corporation, herefter referred to as "Declarant" or "Developer'; ry c WITNESSETH: w N v 1. The Declarant hereby amends Article IV, Section 1 of the Declaration for Brewster Place recorded in Book 2151, Page 348, New Hanover County Registry (the "Declaration") by c adding the following: c F. Penalties. vI I m u 2. The Declarant hereby amends Article 1V by adding the following: a0001.05 c .a 00002 4 N m SECTION 8. Penalties. The Board of Directors may levy against an Owner a penalty of $150 per day for each day that the Owner is in violation of this Declaration. The penalty may not be levied for any day prior to the day following the date the Owner receives written notice of the nature of the violation from the Board of Directors. Such notice shall be deemed to have been given on the date a copy of the notice is posted on the Owner's Lot and mailed to the Owner by regular mail, postage prepaid, to the Owner's last known address. 3. The Declarant hereby amends Article VI, Section 2.B. to read: B. Since the establishment of inflexible building setback lines for location of houses tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of Important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the Declarant, the Board, orlhe Architectural Control Committee, as the case may be: provided, however, all setbacks and distances between dwellings shall be in compliance with applicable zoning and other land use regulations. Developer confirms that the Declaration as hereby amended, shall remain in full force and effect. All capitalized terms used herein shall have the meaning defined in the Declaration. Ra mredTo I409ur, t flfll 562712 XI BOOK PAG%OOK PAGE 2359 0803 0392 98Mfly 5 Af71047 -2- Rf�0RDF7 A VMFIED ,. iw', DU€ OD'rs IN WITNESS WHEREOF, Saturn Development Corp.,the De Ilan l' f R OF DEEDS used Pits A �f al affixed B9 �� this instrument to be executed in its corporate name and its corporate seal efflxed by its duly authorized officers as of the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SATURN DEVLEO/PMENT CORP. President I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is the Secretaryof SATURN DEVELOPMENT CORP., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in Its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or steal, this ,+2 today of 1998. Notary Public My commission expires:? -30 - 200/ (SEAL) orr cui ,yp r�ysMw Nww' CevL V. M. STBACNAN Nob? ftbk u1w000cstonv,N,¢weremenexsMoEC. —. BOOK PAGE 2503 0393 EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S) MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED RE: BOOK 2359 PAGE 0875 RECORDED IN THE NEW HANOVER COUNTY REGISTRY NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT: DECLARANT GRAPfT6R6: SATURN DEVELOPMENT CORP GRANTEES: Pjc,^RppD A VERIFIED STATE OF NORTH CAROLINA IJ1,I1'1 SUE 007S I COUNTY OF NEW HANOVER I I ER OF LEERS „.Ir%"I :, ..0•. ,lC I/WE, the undersigned, hereby certify that the following corrections are made in the above -named recorded instrument in accordance with the provisions of G.S. 47-36.1 ratified June 30, 1986. DESCRIPTION OF CORRECTION(S): To correct an error in Paragraph numbered 2 by changing roman numeral IV to VII THIS the I � day of January , 1999, (SEAL) ILLIAM O. J. LY CH This explanation statement together with the attached instrument duly re -recorded at /4 o'clock_10M,thisthe 14 dayof ,-;t?V in the Book and page shown on the first page hereof Y/c ! szgli2c_ 7Ib1¢. By Register of Deeds Deputy/Asst. Register of Deeds $�. 2317 0 72 1 STATE OF NORTH CAROLINA SUPPLEMENTAL AND AMENDED DECLARATION OF COVENANTS, COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE 000154 THIS SUPPLEMENTAL DECLARATION, madeand entered into this d-'r day of � 19%. by SATURN DEVELOPMENT CORP... a North Carolina corporation, hereinafter referred to as "Declarant" or "Developer" , WITNESSETH: WHEREAS, Declarant has subjected Section One, Brewster Place, as the same is shown on map thereof recorded in Map Book 36. Page 282, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry (said declaration hereinafter referred to as the "Declaration"); and WHEREAS, Article V, Section 2 of the Declaration enables the Declarant to amend the Declaration to the extent it applies to Additional Property annexed to the Subdivision; and WHEREAS, Declarant has added Section Two to Brewster Place, the same being shown on a map thereof recorded in Map Book 37, Page 216, in the office of the Register of Deeds of New Hanover County; and WHEREAS, Declarant desires to amend the Declaration as it applies to Section Two, Brewster Place, and to other Additional Property which may subsequently be added to the Subdivision. NOW, THEREFORE, the Declarant amends the Declaration as follows: A Article VI, Section 2.A is amended to read as follows: A Each dwelling shall have a minimum of 900 square feet of enclosed, heated dwelling area. The term "enclosed, heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such lens does not include garages, terraces, decks, open porches, and like areas. Declarant declares that all of the property within Section Two, Brewster Place, as described above, shall be held, sold and conveyed subject to the Declaration, as hereby amended, which Declaration shall run with the land and be binding on all parties having any right, title or interest in the described property or any pgq�bgrpq(� j[®irsr,� successors or assigns, and shall inure to the benefit of each owr�Gr�j��{ LF HOJ'tQ + H i tl ;;rt? Fgnr , . ��a.a x;.n.J• - '98 FEB 26 PIS 3 38, BOOR PACE RECORDED & VERIFIED 2 3 1 T 07 2 2 MARY SUE DOTS _2. R,GISTER OF CEEDSIkI tBY I...00YER CJ. IiC Developer confines that the Declaration as hereby amended, shall remain in full force and effect All capitalized terms used herein shall have the moaning defined in the Declaration. IN WITNESS WHEREOF, Saturn Development Corp., the Declarant herein, has caused this instrument to beexecuted in its corporate nr:;ne and its corporate seal adfoced by its duly authorized officers as of the day and year fin t above written. SATURN DEVEEOPMENT CORP. ATTEST: By: � UAAJ UM W President STATE OF NORTH CAROWNA New Hu rcr Cwnty e C.nrryelU er Newt' INmi>) �k d .e mor n wk� hhu the dq eLY= 19� hkb S. O , Ntrbta ar STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER a Notary Public of the County and State aforesaid, certify that �. S,9�-Fo personally came before me this day and acknowledged that he is the Secretary of SATURN DEVELOPMENT CORP., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or seal, this a-f day of im. 1), M. &'Acw K -11, —Notary Public My commission expires: � -.:;�O moo/ (SEAL) u+.rr�"awr r.� 1A STRf+D� u rvvaoocroonmer+tvvsremeaflvsreznec..�e hgrr9.►A` ' _.•:i.' y'.YR'1i�. ;: 'ice STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 37 Mr, I Pal 2 46 :.EUP,DEfi AND VERIFIED Ii;:OIS fEi; OF I` --- ED3 DECLARA" "IOWOH b%NANTS CONDITIONS AND RESTRICTIONS FOR BREWSTER PLACE This Declaration, Made the 4 day of march 1997, by SATURN DEVELOPMENT CORP., hereinafter referred to as 'Declarant" or 'Developer" for the purposes hereinafter stated; 00011', 0 WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as Brewster Place, which is shown on a plat recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book 36 Page 282 , to which reference is made for a more particular description (the "Property"). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the land and be binding on and shall inure to the benefit of all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns. ARTICLE I. DEFINITIONS SECTION I Additional Property shall mean and refer to any lands which are now owned or may be hereafter acquired or developed by Declarant, in addition to the above described Property, and annexed to and made a part of the Development (as hereinafter defined). SECTION 2. Association shall mean and refer to Brewster Place Homeowners, Association, hic., a North Carolina non-profit corporation, its successors and assigns, the owners association organized for the purposes set forth herein. SECTION 3. Assessments shall mean the Annual, Special, Insurance, Ad Valorem and Working Capital Assessments defined herein. FM-TURNED TO u001� PACE ?151 0 J 4 9 SECTION 4. Common Area(s) shall mean and refer to all lands and easements within or appurtenant to the Development intended for the common use and enjoyment of the Owners, including, without limitation, any private roads and storm water retention ponds within the Development. SECTION 5. Declarant shall be used interchangeably with Develol2er (which designations shall include singular, plural, masculine and neuter as required by the context) and shall mean and refer to Saturn Development Corp., its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant for the purpose of development. SECTION 6. Declaration shall mean this instrument as it may be from time to time amended or supplemented. SECTION 7. Development shall mean the Property plus any Additional Property. SECTION 8. Limited Common Area(s) shall mean areas and facilities within any Lot which are for the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms of this Declaration. The Limited Common Areas shall consist of none (if none, so state). SECTION 9. Lots shall mean and refer to any numbered lot within the Development. SECTION 10. Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 11. Propea shall mean the Property as defined in the preamble to this Declaration. SECTION 12. Member(s) shall mean and refer to every person or entity who has a Membership in the Association. SECTION 13. Membership shall mean and refer to the rights, privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each Member of the Association. ARTICLE II. DGG1� PI;GE 2 15 1 0 3 5 ,RROPERTY RIGHTS AND EASEMENTS SECTION 1. Owners' Pronerl�LRights and Easement of Enjo ment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association may make and amend reasonable rules and regulations governing use of the Common Areas by the Owners; (b) In the event that any maintenance activities are necessitated by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Board of Directors of the Association, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to the annual assessment levied against said Owner's Lot; (c) The Association may suspend the voting rights and privileges of an Owner for any period during which any Assessments against the Owner's lot remain unpaid and for a period not to exceed 60 days for an infraction of the published rules and regulations of the Association; (d) The Association may mortgage or convey the Common Areas, or dedicate or transfer all or part of the Common Areas, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least two-thirds of the Members, excluding the Developer; provided, however, that the Association may without the consent of the Owners grant easements over the Common Area for drainage systems and public utilities servicing the Development, that any conveyance or encumbrance of Common Area shall be subject to any rights of ingress and egress to any Lot over private streets. (e) The Board of Directors on behalf of the Association, as a common expense, may at all times keep the Common Areas and other assets of the Association; if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be. payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal With the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. 3 BOOK PAGE 2151 a 3 5 1 SECTION 2. Easements in Favor of Declarant and the Association. The following easements are reserved to Declarant and the Association, their successors and assigns: (a) easements as necessary in the lands constituting the Common Area and the rear ten feet of each Lot for the installation and maintenance of utilities and drainage facilities; including the right of Declarant and the Association to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of New Hanover County; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the owner of such Lot. No structures or plantings or other material shall be placed or permitted or remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems. These easement areas (whether or not shown on the recorded plats for the Development) and improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible. (b) easements over all private streets, if any, access easements, and Common Areas within the Development as necessary to provide access, ingress and egress, to any Additional Property. (c) an easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Area located thereon, if any, at all reasonable times to perform any maintenance and repair to the Limited Common Areas required by this Declara- tion. This easement shall also run in favor of the Association and the Association's agents, employees, successors and assigns. SECTION 3. Other Easements. The following easements are granted by Declarant to others: M UU lii PAGE 21 51 0 3 5 ' (a) an easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Area in the performance of their duties. (b) in case of any emergency originating in or threatening any Lot or Common Areas, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate. (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit o1' and be binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Property or any Additional Property, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Pon -nation of Association. The Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the propose of establishing an association for the Owners of Lots to own, operate and maintain the Common Areas in accordance with this Declaration, its Charter and Bylaws. SECTION 2. Membership. Every Lot Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lot ownership. SECTION 3. Voting Fights. The Association shall have two classes of voting Membership. Class A. Class A 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 5 b(i01. A F JV'iE 2151 0 3 5 b Members. The vote for such Lot shall be exercised as they determined, but in no event shall more than one vote be case with respect to any Lot. Fractional voting with respect to any Lot is hereby prohibited. Class B. The Declarant shall be a Class B Member and shall be entitled `to three (3) votes for each Lot owned. The Class B Membership shall cease and be converted to Class A Membership on the happening of any of the following events, whichever occurs earlier: (a) when the total vote'outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership; or (b) on December 31, 2006; or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. The period during which there is Class B Membership is sometimes referred to herein as the "Declarant Control Period". SECTION 4. Conveyance to Association of Common Area. At the completion of the Development by Declarant, or at such earlier time as the Declarant elects, the Common Area shall be conveyed to the Association. All duties, obligations, rights and privileges of the Declarant under any water, sewer, stormwater and utility agreements, easements and permits with municipal or governmental agencies or public or private utility companies shall become the responsibility of the Association upon the assignment of such documents to it by the Declarant. ARTICLE IV. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): A. Annual Assessments; 13. Special Assessments for Capital Improvements; 0 DGt,h 'AGE 2151 a 3 5 4 C. Insurance Assessments; D. Ad Valorem Tax Assessments; and E. Working Capital Assessments. The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Property and Additional Property and for the improvement and maintenance of the Coral -non Areas and any Limited Common Areas. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common Areas, and any Limited Common Areas, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges; establishing working capital; and in addition, doing any other things necessary or desirable in the opinion of the Association to keep the Common Areas and Limited Common Areas in good operating order and repair. SECTION 3. Annual Assessments. Annual Assessments shall be in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as it may deem necessary. The amount of the Annual Assessment against each Lot for any given year shall be fixed at least 30 days in advance of the Annual Assessment period; provided, however, that the first Annual Assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. 7 DQGK PAGE 2 ? SFkm and 44 Uaiy 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased each year not more than five percent (5%) above the Annual Assessment for the previous year without the affirmative vote of two-thirds (2/3rds) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose; provided, however, the Board of Directors may increase the amount of the Annual Assessment to $120.00 per Lot without member approval. SECTION 4. Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas and any Limited Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose. SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the annual cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. Such assessment shall not be subject to the 5% limitation provided for Annual Assessments. SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Areas, if any, shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay such ad valorem taxes in such year not included as a component of the Annual Assessment. Such assessment shall not be subject to the 5% limitation provided for Annual Assessments. SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner by Declarant, the Owner shall pay the sum of $20.00 to the Association as working capital. Such finds shall be used solely for initial operating and capital expenses of the Association such as pre -paid insurance, supplies, and furnishings, fixtures and equipment for the Common Areas, etc. Amounts paid into the working capital fund are not to be considered as advance payment of the Annual or any other assessments. Any working capital funds may be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors. f� 2 15 1 0356 SECTION S. Notice and Quorum For Meetings Regarding Annual and Special Assessments. Written notice of any meeting of Owners called for the purpose of approving Special Assessments or increases in the Annual Assessment over the five percent limitation shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all votes of each class of Membership shall constitute a quorum. The required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. SECTION 9. Uniform Rate of Assessment. The Assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. SECTION 10. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. SECTION 11. Effect Of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Area or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. SECTION 12. Subordination Of The Lien To Mortgage. The lien of the Assessments provided for herein shall be subordinate to the lien 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 mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became 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. ARTICLE V RIGHTS OF DEVEI OPEP. The Declarant shall have, and there is hereby reserved to the Declarant, the following rights, powers and privileges which shall be in addition to any other rights, powers and privileges reserved to the Declarant herein: 9 B000K PAGE 2 15 1 0357 SECTION 1. The Architectural Control Committee. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property or any Additional Property. SECTION 2. Plan of Development. The right to change, alter or redesignate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Development including, but not limited to, the right to change, alter or redesignate road, utility and drainage facilities and easements and to change, alter or redesignate such other present and proposed amenities or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself its successors and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots; to further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate from this Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as public or private roads or access areas, whether serving the Development or other property or are needed for Common Areas or amenities, and to take such steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site or access area or roadway or Common Area. SECTION 2. Amendment of Declaration by the Declarant. This Declaration may be amended without member approval by the Declarant, or the Board of the Association, as the case may be, as follows: A. In any respect, prior to the sale of the first Lot. B. To the extent this Declaration applies to Additional Property. C. To correct any obvious error or inconsistency in drafting, typing or reproduction. D. To qualify the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status. E. To include any platting change as permitted herein. P. To conform this Declaration to the requirements of any law or governmental agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency 10 3GGK PAGE 1 035© Z for t; comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such corporation or agency, including, without limitation, the Veterans Administration, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. Notwithstanding anything else herein to the contrary, only the Declarant, during the Developer Control Period, shall be entitled to amend this Declaration pursuant to this Section. SECTION 4. Annexation of Additional Property. Declarant may annex to and make a part of the Development any other real property which Declarant now owns or which Declarant may hereafter acquire or develop (the "Additional Property"). Annexation of Additional Property to the Development shall require the assent of two-thirds of the Class A Members who are voting in person or by proxy at a meeting called for this purpose; provided, however, Additional Property may be annexed to the Development without the assent of the Members so long as the Additional Property can be used only for residential purposes and facilities usually associated with residential developments. ARTICLE V1. USE RESTRICTIONS ARCHITECTURAL, CONTROI. AND MAINTENANCE SECTION I. Approval of Plans for Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural Control Committee, fails to approve or disapprove such design and location within thirty (30) clays BOOK p/ 2151 0359 after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the Board, or Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Declarant, the Board, or Architectural Control Committee, as the case may be, for its records. Neither the Declarant, the Board, nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. SECTION 2. Minimum Standards for Site Improvements. A. Each dwelling shall have a minimum of 1,000 square feet of enclosed, heated dwelling area. The tern "enclosed, heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. B. Since the establislunent of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant, the Board, or the Architectural Control Committee, as the case may be; provided, however, that there shall be a minimum of twenty feet between dwellings unless approved by the Architectural Control Committee. C. The exterior of all dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, clue to strikes, fires, national emergency or natural calamities. D. All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant, the Board of the Architectural Control Committee, so as to preclude the same from causing an unsightly view 12 dUUh, rAUE 2151 03G0 from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. Fences shall be permitted on any Lot; provided, however, that the design, placement, and materials of any fence are approved by the Declarant, the Board, or the Architectural Control Committee, as the case may be; provided, however, that no fence shall be located forward of the rear edge of the dwelling. Clothes lines are not permitted on any Lot. E. Off street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by Declarant, the Board or Architectural Control Committee. F. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non -frost lights or bulbs. SECTION 3. Use Restrictions. A. Land Use And Building Tyne. No Lot shall be used for any purpose except for residential purposes. All numbered Lots are restricted for construction of one single family dwelling (plus, a detached garage, if there is not one attached to the residence, and such other accessory buildings as may be approved by the Declarant, the Board or the Architectural Control Committee). Other tracts may be developed for multi -family use. B. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become a❑ annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the. Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area. C. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Association or its designee; provided, however, that this shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on any part of the 13 i100K PAGE 2151 0361 Development until the construction of dwellings on all Lois and Common Area im- provements are completed. D. Vehicles/Boats. No boat, motor boat, camper, trailer, motor or mobile homes, tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Association or its designee. No inoperable vehicle or vehicle without current registration and insurance, will be permitted on any Lot, street or Common Area. The Association shall have the right to have all such vehicles towed away at the owner's expense. No repairs to any vehicle may be made; on streets or in driveways but only in garages or other areas and not visible from the street. E. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all times kept properly leashed or under the control of their owner and do not become a nuisance to the neighborhood. F. Statuary. TV Satellite Dishes and Outside Antennas. No yard statuary or TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee; provided, however, satellite dishes not over Is" in diameter which cannot be seen from the street are permitted. G. Construction in Common Area. No person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Areas except at the direction or with the express written consent of the Association. 1-1. Signs. No signs shall be permitted on any Lot or in the Common Areas Without permission of the Board of Directors. 1. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the period of Declarant control of the Association and thereafter by the Board of Directors of the Association. SECTION 3. Lot Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. In the event the Owner fails to do so, then, after thirty days notice from the Architectural Control Committee, the Associa- tion or its designee may enter upon the Lot and remove the same at the expense of the 14 Pool*; PAGE 2151 0362 Owner, and such entry shall not be deemed a trespass, and in such event a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens. ARTICLE VII. GENERAL PROVISIONS SECTION 1. Enforcement Of Storm Water Runoff Regulations. The Lots shall not be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar impervious materials, in excess of the following square footages: Lots 1 - 60 - 3,727 sq. ft. Lots 61 - 83 3,301 sq. ft. Lots 84 - 111 4,107 sq. ft. No portion of the street rights of way between the edge of the pavement and the edge of the right of way shall be covered by impervious materials. Roadside or lot line swales may not be filled, piped or altered except as necessary to provide a minimum driveway crossing. These covenants are intended to insure continued compliance with storm water runoff rules adopted by the State of North Carolina and, therefore, benefits may be enforced by the State of North Carolina. SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Development or the Property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the payment of assessments or charges owed by any Owner of any property which is security for the loan, (i) receive written notice of a lapse, cancellation, or material modification of any insurance policy or Fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the content of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. 15 BOOK PAGE 2151 0363 SECTION 3. Utility Service. Declarant reserves the right to subject the Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmental units servicing the Development. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Declarant or the Association. SECTION 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 5. Lots Subject to -Declaration/Enforcement. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, as though such provisions were made a part of each and every deed of conveyance or lease, for a tern of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owners. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. SECTION 6. Amendment of Declaration. Except as provided elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of the county where the Development is located, executed by the duly authorized officers of the Association upon the vote of not less than two-thirds (2/3) of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant. 16 HOOK PhOL 215 S 0364 CT10N 7. FHANA Annroval. So IonE as there is Clncs R memherchin annexation of Additional Properties, dedication of Common Area and amendments to this Declaration must be approved by the Federal Housing Administration and/or the Veterans Administration, as the case may be, if either of those agencies has approved the making, insuring or guaranteeing of mortgage loans within the Development. IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be executed in their corporate name and the corporate seal affixed by its duly authorized officers as of the day and year first above written. ATTEST: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SATURN DEVELOPMENT CORP. By: �_I I 444A W President 1, a Notary Public of the County and State aforesaid, certify that i�• V. 5.4PF-o personally came before me this day and acknowledged that he is the Secretary of SATURN DEVELOPMENT CORP., a corporation, and that by authority. duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself as its Secretary. WITNESS my hand and official stamp or seal, this L_ day, of RarrA _, 1997. My commission expires: Z -7.0-Z.00 (SEAL) OFFICI�,�nq IIoNI CrolimN�+ V. M. STRIAbHAN Notary Can=iu5.1—_—•-- l/� otary Public STATE Or NORTH CAROLINA New Hanover Court(), •1'11c Ivreguing/ Annexed Certific:a(s) of 17 rarl aA �----- Notary (Nowtics) I'uhlic is/ are certified w he correct. t. liri —f—f— day uf�— 19 / I Inl�• tier 04,6 . Reg/filer of herds 2003OSS299 FOR REGI9T BgTIONEGRI6TER OF DEEDS NNOVR T�R COUNTY ONC 2003 OCT 10 04:05:41 PM BN•4050 PC•172-175 FEE320,00 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BREWSTER PLACE, PHASE ONE THIS SUPPLEMENTAL DECLARATION, made and entered into this 1st day of October, 2003, by SATURN DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as "Declarant' or "Developer", WITNESSETH WHEREAS, Declarant has subjected Phase One of Brewster Place, consisting of Sections One, Two, Three and Four, as the same are shown on maps thereof recorded in Map Book 36, Page 282, Map Book 37, Page 216, Map Book 38, Page 312, and Map Book 39, Page 348, in the office of the Register of Deeds of New Hanover County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book 2151, Page 348 of the New Hanover County Registry, as amended; and WHEREAS, the Declaration provides in Article V, Section 2, that the Declarant may amend the Declaration without Lot Owner approval to conform the Declaration to the requirements of any law or requirement of any governmental regulatory agency having legal jurisdiction over Brewster Place and that a letter from an official with any such governmental regulatory agency, requesting or suggesting an amendment necessary to comply with governmental regulations, shall be sufficient evidence of the necessity for such amendment; and WHEREAS, Declarant has received a letter from the North Carolina Department of Environment and Natural Resources, dated January 21, 2003, requesting that the Declaration be amended so that it complies with the requirements of the stormwater permit for the project RETURNED TO Page 2 NOW THEREFORE, the Declarant amends the Declaration by deleting in its entirety Section 1, Article VII, and substituting therefor a new Section 1, Article VII, to read as follows - Section 1 Enforcement of Stormwater Regulations. The stormwater requirements for Phase One of Brewster Place are as follows: a The maximum built -upon area per lot is: (1) 3,774 square feet for lots 1 thru 60 (u) 4,016 square feet for lots 85 thru 112 (iii) 2,305 square feet for lots 61 thru 74 and (iv) 4,107 square feet for lots 75 thru 84. These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools b The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. c Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State d Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations e. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street Lots that naturally drain into the system are not required to provide these measures. Page 3 IN TESTIMONY WHEREOF, Declarant and Owner have caused this instrument to be signed in its corporate name by its president pursuant to authority of Declarant and Owner's Board of Directors as of the day and year first above written SATURN I�VLE P7NT CORP President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, til s*Adu,,i a Notary Public, certify that �trrc personally came before me this day and acknowledged that he is t e President of SATURN DEVELOPMENT CORP., a corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of said corporation Witness my hand and seal, this the -& day of 1qL9A&r , 2003. My commission expires � ao-dvoG (SEAL) "Notary Public NOIN11AIdINK 1K rIA 001�1► Yld. t mcHA 1q d�IWw �w� REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 NINIINNNlNNfllfflNNNfINNNNf Nffflflflfflf....11lNfff11N.NlpfiNflff fl lff...LIMN NINfffflNHNffNf Filed For Registration: 10110/2003 04:06:41 PM Book: RE 4050 Page: 172.175 Document No.: 2003066299 AMD DECL 4 PGS $20.00 Recorder: LIESEL WARD INflflNlNllNfNlNlflNllff INNINf fffflllfNHNlflflNlfHlN!!!!!!N!HllNNININIHININIfNllllf!!N!llflllf State of North Carolina, County of New Hanover The foregoing certificate of V M STRACHAN Notary is certified to be correct. This 10TH of October 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: I& DeputylAssiatant Register of Deeds 1fffNlNlNflflfflNflNNffNlNflffffNlNfNlffNflflf Nlf NfffflffNfNlffffllfflf11Nf1ff1111NN1f INlffffffflNlf YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING 2003066299