The URL can be used to link to this page

Home My WebLink About20120399 Ver 2_Riparian Buffer Authorization_20141217Beverly Eaves Perdue Governor Caleen H. Sullins Director T Request Variance 1 (For Minor and Major Variances" Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. Check the appropriate box below: Major Variance [ I Minor Variance Please identify which Riparian Area Protection Rule applies (Note -this must be one of North Carolina's four buffered river basins. The River Bain map is available at hh :/ L�2o.etir.state.nc.us/admin/niUs/.) �ii/Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) ❑ Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) Part l: General Information (Please include attachments if the room provided is insufficient.) 3. Contact person who can answer questions about the proposed project: Version 6: July 2009 Dee Freeman Secretary Name: a\/',/ "k tj t.� Telephone: (2_5 '2.. -2- 4. 11 Fax: 6L _/S_ -7 Email: 4. Project name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): L 4 5. Project location: Street address: zNG R CAz- W't ) k L City, State, Zip: C: % C_— l 11-4 7- �3 A') County: Latitude /longitude: 6. Date property was purchased: '2 C-" C_' 3 7. Directions to site from nearest major intersection (Attach an 8 1/2 x 11 copy of the USGS topographic map indicating the location of the site). 8. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): 51v� N V k C_ A C7 4i; t-_ 9. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: 2 CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Erosion /Sedimentation Control Others (specify) Part 2: Proposed Activity (Please include attachments if *the room provided is insufficient.) I Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdo format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of f) Q buffer impact in ft 2.: + A # z S' 'S Variance Request Form, page 2 �-i 6 s ;7 , J '; Z '? '� s Xr"/ 2" 2 2 Version 6 July 2009 2- '2 2. Fill in the table below to identify the square footage of impact to Zones I & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): I *Zone I extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: CA' t�S's -A— --0 -" T r. S.> V'F" 3 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or enhancement of existing vegetation, etc.): D1, 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved 4- Variance Request Form, page 3 Version 6 July 2009 Buffer Impact Zone of Impact in Number Purpose for Multiplier Required Impact Square Feet (Indicate on the Impact Mitigation Plan Sheet) Zone 1 3 1.5 Zone 2 Total I *Zone I extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: CA' t�S's -A— --0 -" T r. S.> V'F" 3 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or enhancement of existing vegetation, etc.): D1, 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved 4- Variance Request Form, page 3 Version 6 July 2009 (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Part 3: Stormwater Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also, include the BMPs on your plan sheets. M ® .t ..t 2. Attach a description of how diffuse flow will be mainta ned throng the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. 3. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage Size of Post - development BMP nitrogen Final Final basin drainage nitrogen 6 loading removal nitrogen6 nitrogen basin rate without BM Ps4 effrciencys loading rate loading (ac) (lbslaclyr) (%) (lbslaclyr) from drainage basin lbs 1 2 3 4 S Totals - - - - -- ------------ - - - - -- - - - - -- 4 Attach calculations and references. S Attach calculations and references. 6 Include Phosphorus in the Tar- Pamlico Basin 4. Attach all applicable supplement form(s) and Inspection and Maintenance (I &M) Form(s) to this completed application. The applicable supplemental form(s) and I &M form(s) for the proposed BMPs noted in your application can be downloaded from the following website: htti)://h2o.en.r.st,ate.iic.its/su/bini) forms.htm Variance Request Form, page 4 Version 6 July 2009 Part 4: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242 for the Neuse Basin and 15A NCAC 2B.060 for the Tar - Pamlico Basin. If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration can be downloaded at the following website: http: / /www.ncee,�„) .net /news /re of is /bc�I'ter..�df If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BNIPs required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 6: Applicant's Certification (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: /_:2 2 / _... Title: . Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk. Variance Request Form, page 5 Version 6 July 2009 Part 8: Checklist /\ complete application submittal consists of the following components. Incomplete submittals will hu returned k/ the applicant. The complete variance request submittal must ho received g0 days prior to the EMC meeting ui which you wish the request to be heard. lohiol below tu indicate that the necessary information has been provided. Item Initials • Original and two copies of the Variance Request Form and the attachments listed below. • & vicinity n/op of the project (yoe Part L Item 5) • Narrative demonstration of the need for u variance (see Part 2) - • /\ detailed narrative description o[stoomvva|cr treatment/management (meePun 4) • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin) ' loading estimates (see Part 4) • Calculations and references supporting nitrogen (phosphorus in the Tar- Pamlico Basin) rcnnovu| from proposed BMPa (acc Part 4) • Location and details for all proposed structural stormwater BMPs (see Part 4) • Three copies of the applicable Supplement Form(s) and I&M Form(s) for each BM9 and/or narrative for each innovative BMP (see Part 4) - - - • Three copies of plans and specifications, including: -- � 0 [lovo|opnuont/Prnicoinoomc ----—�� 0 Engineer and firm 0 Legend and north arrow ��------- 0 Scale U'`= 50' is �------ 0 Revision number 8Ldate ��-----' 0 Mean high water line (if applicable) V Dimensioned property/project boundary V Location map with named streets nrNCState Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cu|-de-uaum, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, oru note ou plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations � -----�� O Drainage basins delineated ---------- 0 Perennial and intermittent streams, ponds, takes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and cmtuuoma Variance Request Form, page 6 Version 6 July 2009 SO VOW / / -------'-| | Him Ron HIM 1 Foos— Ml of Mu gy 21 SO / / -------'-| | Ron SO / / -------'-| | SO Foos— Ml of gy 21 Jk mug � ^� ~ � �- � � -� �/ 110111111111111 Doe ID: 002212790005 TYPO: CAP Recorded 3Z�01/2PO 2:54i3l PM 00 t: It 1 5 Fee Amt: $ of Revenue Tax: $0.00 Pamlico, NC Lynn H. Lewis Register of Deeds sK577 P0726-730 NORTH CAROLINA PAMLICO COUNTY NON-WARRANTY DEED THIS DEED, made and entered into this 18th day of December, 2012, by and between RIVERWINDS TOWNHOMES, LLC, a North Carolina limited liability company, formerly known as RIVERWINDS CONDOMINIUMS, LLC, RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC., a North Carolina corporation, and ANTHONY M. BYRNE and wife, KATHRYN WOLF BYRNE and JOHN J. CHAPPELL and wife, ELLEN M. CHAPPEL, 401 Vandemere Street, Oriental, North Carolina 28571, hereinafter called "grantor", and, and RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC., a North Carolina corporation, 401 Vandemere Street, Oriental, North Carolina 28571, hereinafter called "grantee"; W I T N E S S E T H: That grantor, for and in consideration of the sum of ten dollars and other good and valuable considerations to it in hand paid, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey to the said Riverwinds TownhomeB Unit Owners Association, Inc. and its successors and assigns, a certain tract or parcel of land in Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: On the west side of Blackwell Point Loop Road and the east side of Smith Creek west of the Town of oriental and beginning at the northeast corner of the Townhomes tract at an existing iron pipe in the edge of said road as shown on that plat recorded in Plat Cabinet A, slide 186-4, Pamlico County Registry, and running thence from said POINT OF BEGINNING South 040 221 501 West with the road edge approximately 57 feet to a point in the road edge which is the extension of Lot 2's line thence North 850 111 12" West with Lot 2's southern line and its extension to a point 5 feet from the edge of Smith Creek, thence northwestward parallel with the creek edge to a point 5 feet from the tract's northwest corner, thence with the tract's northern line South 860 041 45" East 177.61 to the POINT OF BEGINNING. Prepared by HOLLOWT1L & HOLLOVIELL RETURNED TO: Attorneys at Law DATE RETURNED:� ,,_ k-� Bayboro, North Carolina 28515 Book: 577 Page: 726 Page 1 of 5 TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Riverwinds Townhomes Unit Owners Association, Inc. and its successors and assigns, in fee simple forever. IN TESTIMONY WHEREOF, grantor has caused this instrument to be signed in its name by its manager and adopted as its seal the typewritten word "SEAL" appearing beside its name, the day and year first above written. NORTH CAROLINA RIVERWINDS TOWNHOMES, LLC (SEAL) r—t—N By: _ (SEAL) 4�� G INN 0. CK, Member /Manager 13e r VW V- 0 ux- J—( a Notary Public of the County and State aforesaid, certify that Gwinn 0. Hedrick, Member/Manager, being personally known to me or proven by satisfactory evidence (said evidence being nlc(,-- who are the Members of RIVERWINDS TOWNHOMES, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledges that he is member/Manager of RIVERWINDS TOWNHOMES, LLC and that as Member/Manager being duly authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated therein. g t — Witness my hand and official seal/stamp, this day of nrawh 1 2013, My commission expirks: II/IW101 Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page. 726 Page 2 of 5 N z (J130C./ tV *- ou C'-"4PjI —(SEAL) $6HU J. CHAPPELL*( (SEAL) ELLEN M. CHAPPELL STATE OF N 0 COUNTY OF W"l�-_-9— a Notary Public in and for said county and stat�' do Leby certify that JOHN J. CHAPPELL and ELLEN M. CHAPPELL, either being personally known to me or proven by satisfactory evidence (said evidence being personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by them for the purposes stated therein. Witness my hand and notarial seal/stamp, this the � � day of 2013. Notary My commission expires: M" Prepared by HOLLOW/ELL & HOLLOWELL Attorneys at Law Bayboto, North Carolina 28515 tyre wjvq-N4� Comm. Exp. 034)9.2016 IZ-fe coutl ?� Book: 577 Page: 726 Seq: 3 Book: 577 Page: 726 Page 3 of 5 RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC. C4resident NORTH CAROLINA COUNTY OF PAMLICO 1, 1 a Notary Public in and for said county and state, do hereby certify that d. / I CA csy J*4 e either being personally known to me or proven by satisfactory evidence (said evidence being Licey--s'. — ), personally appeared before me this day and acknowledged that he/she is PRESIDENT of RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC., a North Carolina corporation, and that he/she, as PRESIDENT, being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purposes stated therein. Witness my hand and official seal, this the day of +--7)6111"C"" 1 1 2013. Prepared by HOLLOWFJ-L & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page: 728 Page 4 of 5 ?WA 714 *%11-4 STATE OF COUNTY OF (SEAL) I, 1:9r4A"---A ) - eo , a Notary Public in and for said county and state, do hereby certify that ANTHONY M. �YRNE and WOLF BYRNE, either being personally known to '-A 0 � � �117- me or proven by satisfactory evidence (said evidence being ), personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by them for the purposes stated therein. Witness my hand and notarial seal/stamp, this thecbIj day of -4 J"* e b 12 u 4, 1, 1 1 2013. o- Notary Public My commission expir24 Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Catohna 28515 Book: 577 Page: 726 Page 5 of 5 1. r . MOO W-IM IN j. 1 .1 11N11111111111 F go I of 12 P&M1100, NC Lynn H. Lewis Register of Deeds AMENDED AND RESTATED DECLARATION OF RIVERVVNDSTOVVNMOMES (FORMERLY RIVERVVINDS CONDOMINIUMS) THIS AMENDED AND RESTATED DECLARATION OFRK/ERVVWDS TOVVNHOMES, formerly^Riverwdmds Condominiums" is made on this 28th day of February, 2013, by RK/ERVY|NDSTOVVNMOMES. LLC.o North Carolina limited liability company, hereinafter referred toas^Declanmmr. WI0NESSETH: WHEREAS, bythat certain Declaration of Riverwimds Condominiums date June 5, 2008 and recorded in Deed Book 517 on page 581.Pamlico County Registry (the "Original Dedemtimf). Declarant submitted that real property containing V.V24 acre bm the provision of N.C.G.S. Chapter 47C ("the Act") in order to create a condominium development with a maximum of seven units; and WHEREAS, Declarant thereafter amended the Original Declaration by that Amendment dated June 18.2008 and recorded in Deed Book 518on page 4. Pamlico County Registry; and WHEREAS, Lot 2 has been constructed and im shown on those plats recorded in Condominium Cabinet 1on Slides C11-7 and 8;and WHEREAS, Lot 2 was conveyed to John J. Chappell and wife, Ellen M. Chappell ("the Chappells") by deed dated June 19, 2008 and recorded in Deed Book 518 on page 12, Pamlico County Registry; and WHEREAS, bd 1 has been constructed and im shown on those plats recorded in Condominium Cabinet 1. Slides C11'12 and 13; WHEREAS, Lot 1 was conveyed to Anthony K4. Byrne and wife, Kathryn Wolf Byrne (^theBymma^)bydeed dated December 1g.2OO8 and recorded in Deed Book 524on page 8no. Pamlico County Registry; and WHEREAS, the Declarant and the Lot owners desire +o terminate the condominium pursuant to Chapter 2-118of the Act and convert the development toTownhumes pursuant bo N.C.G.G. Chapter 47A;and WHEREAS, by the execution of this Declaration the parties hereto desire to amend and restate the Original Declaration and by the execution and recordation of this Declaration, the Original Declaration shall be of no further force and effect and this Declaration shall control the development. THEREFORE, pursuant Vo@.C.G.S.§47C-2-118. the Declarant and the Lot owners hereby execute this Declaration ofRivenwindmTownhomeo and declare that 1)the condominium io hereby terminated and 2) that henceforth the development and the above- Prepared byeooavmFIL&aoLLonELL Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page: 619 Seq:1 Book: 577 Page: 619 Page I of 12 described Lots and all future Lots shall henceforth be held and owned subject to the following terms, provisions, covenants, conditions and restrictions, which shall be binding upon all owners of any Lot within the development and their lessees, guests, mortgagees, heirs, executors, administrators, successors and assigns: 1. Definitions: (a) "Association" shall mean Riverwinds Townhomes Owners Association, Inc., a North Carolina nonprofit corporation, its successors and assigns. (b) "Common Elements" shall mean and refer to any property, real or personal, conveyed to the Association for the common use of all Lot owners. (c) "Declarant' shall mean and refer to Riverwinds Townhomes, LLC, a North Carolina Limited Liability Company, its successors and assigns. (d) "Declaration" shall mean this Declaration of Riverwinds Townhomes. (e) Toff' or "Board of Directors" shall mean and refer to the Board of Directors of the Association. on the Plat. M "Boat Slips" shall mean the ten (10) wet spaces in Smith Creek as shown (9) "Bylaws" shall mean the Bylaws of the Association, as the same may be amended from time to time. (h) "Lot" or 'Townhome" means a separately numbered portion of the Property (but not including the Common Elements), shown on the Plat, and includes the three- story wooden structure and any other improvements now or hereafter constructed on said parcels. (i) "Plat" shall mean that map entitled "Plan of Riverwinds Townhomes, LLC" by Suitt and Associates, P.A., recorded on April 23, 2012, and recorded in Map Cabinet A, Slide 186-4 Pamlico County Registry. 0) "Pro pert Y' shall mean and refer to that certain real estate described on Exhibit "A". Name. The name of the development created by this Declaration is "Riverwinds Townhomes". 1 Maximum Number of Lots. The maximum number of Lots within Riverwinds Townhomes which the Declarant may create at any time is seven (7). 4. Description of Lots. Those seven (7) parcels containing approximately 1,200 square feet each, as shown on the Plat. 5. Boundaries of Lots. The boundaries of each Lot are described on the Plat. 6. Limited Common Elements. Limited Common Elements shall mean those portions of the Common Elements allocated by operation of N.C.G.S. § 47A(7), for the exclusive use of one of the Lots, the maintenance of which shall be the responsibility of the Lot owner. Those portions of the Common Elements which are Limited Common Elements are described on Exhibit "B". The individually numbered Boat Slips (excluding the docks, piers and pilings, which are Common Elements and are referred to from time to time collectively as the "Docks"), and appurtenant proportional riparian rights are Limited Common Elements. The numbered Boat Slips adjacent to the Docks are referred to from time to time throughout as "Boat Slip" or "Boat Slips". The Declarant reserves the right to assign and convey Boat Slips with the conveyance of a Lot. Until such assignment, the Declarant retains ownership of all Boat Slips. 7. Special Declarant Rights. The Declarant reserves the following special Declarant rights, which shall apply to all of the Property: Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page: 619 Page 2 of 12 (a) To complete construction of the five structures on the five remaining Lots and annex them into the development; (b) To maintain a sales office and/or management office within any Lot owned by Declarant; (c) To maintain signs advertising the project on the Common Elements; (d) To use and create easements through the Common Elements for the purpose of making improvements to the Property and the project; (a) To amend this Declaration as necessary to cure any minor or typographical error contained herein or exercise the development rights reserved herein or if required by any state or federal agency. (f) To assign and convey Boat Slips, and the proportional riparian rights, to Lot owners in the Declarant's absolute discretion; (g) To construct, re-configure, and annex additional Boat Slips. (h) To install and construct underground wells within the Common Elements in connection with the Lots' HVAC systems and to designate those areas as Limited Common Elements for the respective Lot. (I) To assign specific areas within the Common Elements to Lots for parking purposes, said areas to be shown on the Plat and any amendments thereto. 8. Reservation of Easements. The Declarant hereby reserves unto itself, its successors and assigns, those easements shown on the Plat and such easements over all of the Common Elements of the Townhomes as may be reasonably necessary to exercise the development rights specified in Section 7 above. 9. Association Access. Declarant, on behalf of itself and its successors, and assigns, hereby grants the right of access over and through any Lot to the Association and any other person authorized by the Board, in the exercise and discharge of their respective powers and responsibilities including without limitation to make inspections, correct any condition originating on a Lot (or within the structure) or in the Common Elements, correct drainage, perform installations or upkeep of utilities, landscaping or other improvements located on the Property for which the Association is responsible for upkeep or correct any violation. The agents, contractors, officers and directors of the Association may enter any area of any Lot in order to utilize or proved for the upkeep of the areas subject to easements granted in this Article to the Association. 10. Upkeep of Lots. (a.) In addition to the Common Elements, the Association shall be responsible for the management and upkeep of all of the Lots., the exterior elements of improvements on the Lots and landscaping; provided, however, that such upkeep shall not include glass surfaces, windows and window frames and doors and door frames, porches and decks and cleaning the surface of driveways and walkways, the responsibility for upkeep being that of the owners. In addition, each owner shall be responsible for the upkeep of any landscaping installed or existing within areas located on such owners' Lot enclosed by a fence, fencing material, wall or other above ground barrier whether such landscaping is part of the original landscaping or otherwise installed by the owner or other persons on the Lot. If the Board determines that certain upkeep was necessitated by the negligence, misuse or neglect of any owner or for which an owner is responsible, the cost of such upkeep shall be assessed against such owner's Lot. The Board shall establish the standard for upkeep of the Common Elements, the Lots, and improvements in its sole discretion. ( b.) Each owner shall be responsible for the upkeep of that portion of the improvements on his Lot as described in Section (a) hereof. Each owner shall perform this responsibility in such manner as shall not unreasonably disturb or interfere with the other owners. If any owner shall fail to provide upkeep for which he is responsible consistent with such Rules and Regulations as the Board may promulgate, then the Board may, pursuant to resolution, give notice to that owner of the condition complained of specifying generally the action to be taken to rectify that condition. If the owner fails to rectify that condition within thrity (30) days after the date the notice is given, or such shorter period as may be specified in the notice if the circumstances warrant a shorter period, the Board shall have the right to rectify that condition by taking such action (or by causing such action to be taken) as was specified in the notice. The costs incurred in rectifying that condition shall be assessed against such owner's Lot. If such owner fails to reimburse the Association within thirty (30) days after receipt of a Prepared by HOLLOWELL &HOLLOWELL Anomeys at Law Ba*ro, North Carolina 28515 Book: 577 Page: 619 Page 3 of 12 - MOO 131&*Mmi�: ,.-111141 statement for such expenses from the Board, then the indebtedness shall constitute a lien ea provided for in Section 14hereof. The owner may contract with athird party, including the Association to perfomn the r' responsibility fo k eep under this cUon c. AJI repairs and replacements shall be substantially similar to the original constructions and installation and shall be of first-class quality, but may be made with contemporary materials. The method of approving payment vouchers for all repairs and replacements made by the Association shall be determined by the Board. o.mo owner shall make any addition, alteration or improvement murmany Lot, including installation of landscaping, (other than for normal upkeep) which im visible from the exterior of the Lot without the prior written consent of the Board. No owner shall paint, affix a sign not permitted by the Rules and regulations to or after the exterior of any improvement located upon such owners Lot, including the doors and windows, if such exterior is visible from another Lot mr the Common Elements without the prior written consent of the Board. 11. Riverwinds Townhome Owners Association. Every Lot owner shall be member of the Association. Ownership of a fee interest In a Lot shall be the sole qualification for membership, and membership shall be appurtenant to and shall not be separated from such ownership. The basic purposes and duties of the Association shall be to manage and maintain the Common Elements, and Lots, pursuant to this Declaration, any Bylaws promulgated by the Association and any Rules and Regulations promulgated by the Association or its executive board; and to promote and to protect the enjoyment and beneficial use and ownership of the Lots. The Association shall have the power to enforce In its own name the terms and provisions of this Declaration, any bylaws promulgated by the Association and any Rules and Regulations promulgated by the Association. In addition, the Association shall have the power to: (a) Adopt and amend bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from Lot owners; (o) Hire and terminate managing agents and other employees, agents, and independent contractors; W> |neUtute. defend, or intervene in its own name in litigation or administrative proceedings on matters affecting the townhome: <e> Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of Common Elements; (g) Cause additional improvements \obe made uaa part of the Common Elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real orpersonal property, provided that Common Elements may omconveyed or subjected *ua security interest only pursuant \oN.O.G£§47C-3112; <i> Grant easements, leases, licenses, and concessions through nr over the Common Elements; 0) Impose and receive any payments, fees or charges for the use, rental, or operation of the Common Elements and for services provided 10 Lot owners; (h) Impose charges for late payment of assessments and, after notice and mn opportLoty to be heard, levy reasonable fines not to exceed one hundred fifty dollars ($150.00) for violations of the declaration, bylaws, and rules and regulations of the Association; (|) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates or statements of unpaid assessments; (m) Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees and agents; (n) Exercise all other powers that may bm exercised in North Carolina byu nonprofit corporation; and prepare}byBOLuOVELL &mOLLOWELL Attorneys at Law BaybDro, North Carolina 28515 Book: 577 Page: 619 Page 4 of 12 (o) Exercise any other powers necessary and proper for the governance and operations ofthe Association. (p) Each Lot upon annexation shall have one vote and the Declarant oho|| have two on Association matters. 1Z Restrictions on Use of Lots. All other Lots shall be subject hn the following restrictions on use: (a) Each Lot shall ba used for residential purposes only. No commercial activities shall be conducted in or from any Lot, except home occupations that do not involve physical access or visitation to the Lot by any member of the general public and that do not involve any increased use whatsoever by any person of any of the Common Elements ofthe Townhome or any general services provided to the Townhome (such as trash removal). (b) The maximum number nf occupants of any one Townhume shall bethat number which is the product of the number of bedrooms in a Townhome, as originally designed, times two, regardless nf the age nf any of the occupants. (n) Noxious, immoral, offensive or loud activities shall not baconducted within any Lot Each Lot owner shall refrain from any use oy his or her Lot which could reasonable cause embarrassment, discomfort, annoyance or nuisance to any other Lot owner or occupant. (d) All governmental codes, regulations and ordinances applicable bmoLot shall beobserved. (e) No Lot may bo subdivided, nor shall the ownership n[ any Lot bedivided into Lots of time commonly known ou^Umemhonae^ (f) Nn animals mf any kind shall be kept within any Lot oron any ofthe Common Elements of the townhome, other than domestic dogs or cats, not to exceed two (2) in number. (g) No Lot shall bo used for hotel or other transient residential Every lease relating to any Lot must be in writing, must be for a term o*atleast ninety and must provide that the tenant is obligated to observe all applicable terms and provisions of this Declaration, the bylaws of the Association and any rules and regulations promulgated by the Association or its executive board. (h) All window coverings or dressings within aTownhooma shall appear white or off-white from the exterior. (i) No sign shall be exhibited onor from any Lot. 13. Restrictions on Use of Boat Slips Annexed into the Development. (a) Declarant has constructed a pier with ten (10) Boat Slips adjacent to the Property, Each Boat Slip shall be a Limited Common Element as defined herein, and shall be appurtenant to the owner's Lot upon annexation. Boat Slips may be sold or assigned, but only to other Lot owners within the development. No building, fence, wall, sign, boatlift, or other structure shall be constructed, stored, erected or permitted to remain upon or within any Boat Slip, nor on the Dock, nor shall any addition to or change or alteration therein be made. "For Sale" signs, vessel names, owner's names, and delinquent assessment notices shall be permitted to be exhibited without such approval subject to general rules regarding such matters adopted by the Board. No Boat Slip shall be used for any purpose except for the purpose of berthing or docking a vessel which has a length which does not exceed the designated length of the Boat Slip by more than three (3) feet and has a width which does not exceed the designated width of the Boat Slip. Only ordinary, light maintenance shall be permitted on any vessel while docked at a Boat Slip. Spray painting, welding, burning and any other hazardous activities are prohibited in any Boat Slip, on the Property or in the Common Elements. Nothing shall be done or kept in any Boat Slip which shall endanger the D ock, other owners, or the property of such owners. (b) An owner may rent Us boats|ipon the following conditions: |. All electrical service hu the boat slip must be provided from the owner's Lot and billed to said owner and prepamJbysOLLOAELL &emumWELL Attomeys at Law Book:577 Page� 619 Page 5 of 12 U. The tenant must perk in the Lot owner's designated parking area, and (c) No dock boxes are allowed m' other items which would obstruct the pier. (g) No improvements of any type shall be made upon n Boat Slip uyan owner except after prior written approval uf the Board, (e) VVdbnut the written approval of the Board, no Boat Slip shall be used for any commercial purpose, including, but not limited to, charter fishing or sailing lessons nrthe leasing or renting ufvessels. V0 Subject bo the provisions of this Declaration, the Articles and the Bylaws, the Board shall have the power to formulate, publish and enforce reasonable rules and regulations i the d enjoyment of the Boat Slips. Such rules and regulations, along with all policy resolutions and policy actions taken by the Board shall ba recorded inthe Association's Minute Book, which shall be maintained at a place convenient to the owners and available *z them for inspection during normal business hours. �0 No noxious or offensive activity shall be conducted within the Boat Slips, nor shall anything be done thereon which may be or become a nuisance or annoyance to any owner. (h) No trash, ashes, other refuse shall be dumped orstored within aBoat Slip orin any waterway. The Board may adopt rules and regulations governing the disposal of refuse from heads onvessels. (i) No owner shall in any manner obstruct the Dock or access area. U) No Boat Slip shall be occupied osoresidence 14. Maintenance and Assessments. The Association shall maintain all of the Common Elements, including the Limited Common Elements, and shall have the power to assess all of the Lots for the costs thereof. Further, the Association shall have the right to maintain Lots pursuant oo Section 1Ohereof. (a) Regular Assessments. The Association shall establish an adequate reserve fund for the periodic maintenance, repair and replacement of the Common Elements and Limited Common Elements. The Association shall charge each Lot on a quarterly or monthly basis (as determined by its executive board) a Regular Assessment as its share of the common expenses and its contribution to the reserve fund. (b) Special Assessments. In addition to the Regular Assessments authorized in subsection 14(a) above, the Association may charge each Lot, in any fiscal year of the Association. a Special Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any construction of a capital improvement upon and to any part of the Common Elements, including fixtures and personal property related thereto; provided that any such Special Assessment must be approved by the affirmative vote of at least two-thirds (2/3) of all Lots existing at the time of the vote, cast in person or by proxy at a meeting duly held in accordance with the bylaws of the Association. If authorized by the Association, Special Assessments may be paid by Lot owners in monthly or quarterly installments, as determined by the executive board of the Association. (c) Rates of Regular and Special Assessments. Regular and Special Assessments shall bn assessed against all Lots equally nna per Lot basis. (d) Commencement of Regular and Special Assessments. Each Lot shall be and become subject to Regular and Special assessments from and after the date of recording of this Declaration. (e) Initial Assessments. |n order ho provide initial operating funds for the Association, each Lot shall be assessed an Initial Assessment of twelve (12) months of dues at the time of the uf the Lot. The Initial Assessment shall ba due and payable ot closing nn sale of the Lot ho the first Lot owner who intends bo occupy the Lot or lease the Lot for occupancy. The Initial Assessment due from each Lot pursuant to this subsection shall be in addition |u all other assessments created hereunder, and shall not ho credited against any other assessment. Prepared by HOxLOwELLmoOLLOWELL Artomeys at Law Bayboro, North Carol�u 28515 Book: 577 Page: 619 Page 6 of 12 (f) Maintenance of Limited Common Elements. Any common expense associated with the maintenance, repair or replacement of a Limited Common Element must be assessed only against the Lot to which that Limited Common Element is allocated. (g) Assessments for Fines. The Association may assess individual Lots for any fines owed to the Association by the owner(s) of the Lot for violations of this Declaration or any Bylaws or Rules and Regulations promulgated by the Association. Any such fine shall not exceed One Hundred Fifty Dollars ($150.00) per occurrence. (h) Certificates of Assessments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association stating whether all assessments against a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments against a Lot shall be binding upon the Association as of the date of its issuance. (i) Payment and Collection of Assessments. Each of the applicable assessments described above, together with interest thereon and the costs of collection thereof, including reasonable attorney's fees, and together with late fees, if any, shall be a lien upon each Lot and the personal obligation of all of the owners of such Lot. Assessments shall be paid in such manner and on such dates as the executive board of the Association may establish, which may include discounts for early payment, reasonable late fees for late payment and special requirements for Lot owners with a history of late payment. No Lot owner may exempt himself from liability for assessments by non-use of Common Elements, abandonment of his Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Lot owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action taken by the Association. Any assessment against any Lot which remains unpaid for a period of thirty (30) days after delivery of a request for payment thereof shall be past due, and interest shall accrue on any unpaid amount from the date that it became past due at the rate of twelve percent (12.00%) per annum. The Association shall have the power to take whatever action is necessary, at law or in equity, to collect any past due assessment, together with interest, late fees and costs of collection, including reasonable attorney's fees. When an assessment becomes past due, the lien created hereunder may be filed by the Association against the delinquent Lot owner in the office of the Clerk of Superior Court of Pamlico County. The lien may be foreclosed by the Association in like manner as a mortgage on real estate under power of sale pursuant to Article 2A of Chapter 45 of the North Carolina General Statutes. 0) Subordination of Lien to First Mortgages. The lien created by subsection (1) above shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the lien of any assessment, except that the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of any assessment against the Lot that first became due prior to such sale or transfer. 15. Insurance. The Association shall purchase, maintain in force and administer insurance coverage which shall meet the following requirements: (a) Property Insurance. All Common Elements of the townhome (including all Limited Common Elements), except land, excavations, foundations, the Docks, and other items normally excluded by property insurance policies, shall be insured by the Association in an amount equal to at least one hundred percent (100%) of their insurable replacement value as determined annually by the Association, with the assistance of the insurance company underwriting the coverage. Such coverage shall provide protection against loss or damage by fire and other hazards or risks covered by a standard extended coverage endorsement. The Association shall have the right to exclude the Boat Slips and the appurtenant wooden structures in the event it determines the costs to be excessive. (b) Liability Insurance. The Association shall acquire and maintain in full force and effect a policy of insurance which insures the Association against any liability arising out of the use, ownership, maintenance and control of the Common Elements, any commercial spare leased or owned by the Association and any public rights-of-way within the Property, with limits of liability therefor of not less than One Million Dollars ($1,000,000.00) per occurrence, which policy shall include an endorsement to cover liability of the Association to a single Lot owner. (c) Other Insurance. There shall also be obtained such other insurance coverage as the Association shall from time to time determine to be desirable and necessary or Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page: 619 Page 7 of 12 as may be required by the Federal Housing Administration, Veterans Administration or Federal National Mortgage Association. (d) Waiver of Subrogation. All policies of insurance required to be carried hereunder shall contain waivers of subrogation. (e) Fidelity Insurance or Bond. All persons responsible for or authorized to expend funds or otherwise deal in the assets of the Association shall first be bonded by a fidelity insurer to indemnify the Association for any loss or default in the performance of their duties in an amount not less than the estimated maximum of funds, including reserve funds, in the custody of the Association or its agent at any given time during the term of the bond (however, in no event shall the amount of the bond be less than a sum equal to three (3) months' aggregate assessments against all Lots plus reserve funds). (f) Qualifications of Insurance Carriers. The Association shall obtain the insurance coverages specified herein only from carriers licensed and admitted to transact business in North Carolina and which have received an A- or better rating by the latest edition of A.M. Best's Insurance Rating Service. (g) Proceeds. All contracts of property insurance purchased by the Association shall be for the benefit of all of the Lot owners and their mortgagees, as their interests may appear, and shall provide that all proceeds thereof shall be payable to the Association or its authorized representative as insurance trustee under this Declaration. Each Lot owner and his mortgagee, if any, shall be beneficiaries of each insurance policy in the percentage of the Lot owner's undivided interest in the townhome. The sole duty of the Association or its authorized representative as insurance trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes stated herein. Proceeds of insurance received by the insurance trustee shall be distributed to or for the benefit of the beneficiaries in the following manner. Proceeds shall first be paid to cover the cost of reconstruction and repair of any damage covered; Proceeds shall then be paid to the trustee to reimburse it for costs reasonably incurred in discharging its duties as trustee; and III. Any remaining proceeds shall then be distributed to the beneficiary or beneficiaries of the trust, as their interests may appear. 16. Availability of Documents and Records of the Association. The Association shall make reasonably available for examination true copies of this Declaration and of all bylaws, rules and regulations, books, records and current financial statements of the Association, to the following: (a) Lot owners and their agents and mortgagees, and (b) contract purchasers of Lots and their agents and prospective mortgagees. Upon written request from any governmental agency holding, insuring or guaranteeing any mortgage against any Lot of the townhome, the Association shall provide a copy of an audited financial statement of the Association for the immediately preceding fiscal year to the requesting agency within a reasonable period of time. 17. Notices to Lenders. Upon written request from any entity holding, insuring or guaranteeing a mortgage against any Lot of the townhome, the Association shall provide the requesting entity With timely written notice of: (a) Any proposed amendment to this Declaration; (b) Any proposed termination of the townhome; (c) Any condemnation of or loss, destruction or damage to the townhome which affects a material portion of the townhome or any Lot against which there is a mortgage held, insured or guaranteed by the requesting entity,, (d) Any delinquency of sixty (60) days or more in payment of any assessments due from the owner(s) or any Lot against which there is a mortgage held, insured or guaranteed by the requesting entity; and (e) Any lapse, cancellation or material modification of any insurance coverage held by the Association. Prepared by HOLLOWELL &HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page: 619 Page 8 of 12 I& Environmental Rgstrictions. The Declarant has applied for and received a Major Development Permit from the North Carolina Department of Environment and Natural Resources for specific improvements within the buffer zones. Said permit was issued on the condition that the owners of Lots 1 and 2 were restricted from performing any of the following activities on the buffer conservation area. $4 fill, grade, excavate or perform any other land disturbing activities (b) cut, mow, burn, harm any vegetation (c) construct or place any roads, trails, walkways, buildings, signs utility m|maor�we�."r any o�er permanent temporary homes, structures.. (d) drain or otherwise disrupt or alter the hydrology ur drainage ways oYthe conservation are (a) dump or store soil, trash, or other waste (0 graze o, water animals, or use for any agricultural orhorticultural This covenant iointended to unsure continued compliance with the weuoo Buffer Rules NCAC2B.O233>of the DVVQ and therefore may e enforced by the DVVO. This covenant is*o run with the land, and shall be binding on the Owner, and all parties claiming under it. 19. General Provisions. V4 Parties Bound. All persons and entities acquiring any interest in any of the Lots, including but not limited to lessees, shall be bound by the provisions of this Declaration. All guests and invitees of such persons and entities, and any other occupants of any of the Lots, shall likewise be bound. ¢8 Duration. The provisions of this Declaration shall run with and bind the Property perpetually, unless rescinded pursuant to subsection 18(c) below. (c) Amendment or Rescission. Except as provided herein, this Declaration may be amended or rescinded only by a written instrument executed by the Association and authorized by the affirmative vote of at least two-thirds (2/3) of all Lots existing at that time, case in person or by proxy at a meeting duly held in accordance with the bylaws of the Association; provided that the terms and provisions of this Declaration may be amended by the Declarant at any time within five (5) years of the date of recording of this Declaration, without the approval of the Association or any other party, as necessary to exercise the development rights reserved in Section 7 above or if the proposed amendment is required to obtain any approval of HUD, FHA, VA, FNMA OR FHLMC. Any amendment or rescission must be recorded at the Pamlico County Registry to be effective. (d) Enforcement. The Declarant, any Lot owner and/or the Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenanW and obligations imposed by this Declaration. The Declarant, the Association or any Lot owner may bring any action necessary to enjoin any violation or breach of the provisions of this Declaration, and/or to recover damages therefor. The Declarant, the Associabon and/or any Lot owner shall be entitled to recover reasonable attorney's fees incurred in bringing and prosecuting such action from the breaching or violating Lot owner(s). V$ Failure to Enforce Not a Waiver. The failure to enforce reservation, covenant or restriction contained in this Declaration, however long continued, shall not be deemed o waiver u[ the right bdoaothereafter. (O Severabillty. Invalidation nf any one of these covenants orrestrictions by judgment or court order shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. (g) Captions. The captions herein are inserted only ena matter of convenience and for reference, and shall not be construed to define, limit or describe the scope of any provision o[ this Declaration, <h> Law Controlling. This Declaration shall be construed and governed pursuant ho the laws o[ North Carolina. (i) References to Statutes. All references herein m any statutory provision shall be construed to include and apply to any subsequent amendments to or replacements of such provision. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed by its authorized member on the date shown above. Prepared by HoLLoWELL& HooLOnmo Attorneys at Law Bayboro, North Carolina 28515 Book: 577 Page� 619 Page 9 of 12 RIVE INDS TOWNHOMES, LLC By: (SEAL) INN N76. S11 E C R I C K Member/Manager STATE OF NORTH CAROLINA COUNTY OF PAMLICO I, P"Colmrd 8-tib/lbulcll .1 J a Notary Public of the County and State aforesaid, certify that GWNN O. HEDRICK either being personally known to me or proven by satisfactory evidence (said evidence being f) / 4— who is the Member/Manager of RIVERWINDS TOWNHOMES, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged that he is the Member/Manager of RIVERWINDS TOWNHOMES, LLC, and that as the Member/Manager being authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated therein. sr Witness my hand and notarial seal/stamp, this day of J(A —,201 (Notarial Seal) Book: 577 Page: 619 Page 10 of 12 My commission expires: J"- X 140TA ?D "T co U 0 T4 Prepared by HOLLOWELL & HOLLOWELL Attorneys at Law Bayboro, North Carolina 28515 STATE OF ('—' COUNTYOF I —L' n AAA-4 L• , -, a Notary Public in and for said county and state, do hereby certify that Anthony M. Byrne and wife, Kathryn Wolf Byrne, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal/stamp, this the e/ day of Veht�",-: 2013. Notary Public Prepared by HOLLOW= & HOLLOW= Attomeys at Law Bayboro, North Carolina 28515 Book: 577 Page 619 Page 11 of 12 I LO AQ -N&JA) �✓.� ! r , a Notary Public in and for said county and state, do hereby certify that Ahn J. Chappell and wife, Ellen M. Chappell, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seaVstamp, this the day of iv,:,_ j 2013. Notary Public " — -'— -./ I N My commission expires: OA,,-, 11 101 &OG ffi t�0 CWnM . 049-2E015 xp 0*0 ^_.._..t, Prepared by HOLLOVIFU & HOLLOWELL Attomeys at Law Bayboro, North Carolina 28515 Book: 577 Page. 619 Page 12 of 12 fin N 8 mom re Ell f2 M 1 1" H jig 'IT 's If ira 9 !Ll M �mn f , I The undersigned, EBX-Neuse 1, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella Mitigation Bank (DWQ Number 08-1473), hereby certifies the following: (Marston DWQ Ntimber 2008-1473vl): River Wind Condominiums, LLC has deposited monies with the Sponsor sufficient to acquire 660.00 Buffer Credits (square feet) from the Bank for use on its River Winds Condominiums, Blackwell Loop Rd. project in Oriental, NC, in HUC 03020204 of the Neuse River Watershed. 2. The River Winds Condominiums, Blackwell Loop Rd project requires a total of 660.00 Buffer Credits as mitigation. Of this amount 660.00 Buffer Credits are being provided by the Bank. w , lint ALWAVI I K-r-J 611 IV# IrL114KIMIXIM11 0 Tail EBX-Meuse 1, LLC By: Cara S. Nelson, Authorized Agent Date: