SW8000505_CURRENT PERMIT_20220622 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 00 0 S 05
DOC TYPE
luJ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2022 Ob 2z
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
June 22, 2022
NORTH CAROLINA
Environmental Quality
Ashcroft at the Commons Homeowners Association, Inc.
Attn: James Helmick, President
155 Brynn Marr Road, Suite 400
Jacksonville, NC 28546
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 000505
Ashcroft at the Commons
Onslow County
Dear Mr. Helmick:
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 complete 8-year Permit Renewal Application for
the subject permit on June 21, 2022. The Division is hereby notifying you that permit SW8000505 has been
renewed, updated, and re -issued on June 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 August 16, 2022 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.
Ifany 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 [phone] or [e-mail].
Sincerely,
CAV_a_k ,` RR
9n Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
D_E'� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Q
Wilmington Reglonal Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
r.m—L - /./ 910.796.7215

State Stormwater Permit No. SW8 000505
Page 2 of 2
Enclosures: Attachment A— Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
Copy of the current operation and maintenance agreement
DES/ams:
cc:
\\\Stormwater\Permits & Projects\2000\000505 HD\2022 03 permit 000505
Wilmington Regional Office Stormwater File
D_E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
./ Wilmington Regional Office 1127CardlnalDdve Extenston I Wilmington, North Carolina 28405
^� ^�E^�--: / 910.796.7215

Post -Construction Stormwater Management
Permit No. SW8 000505
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
Ashcroft at the Commons HOA
Ashcroft at the Commons
Ashcroft Drive, Jacksonville, Onslow County
FOR THE
construction, operation and maintenance of a 3 wet detention pond(s) 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 August 16, 2022 and shall be subject to
the following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.5 oni page 2 of this permit. The subdivision is permitted for 117 lots,
each allowed a maximum of 2,400 square feet of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
4. Each lot within the subdivision whose ownership is not retained by the permittee, must submit
a separate Offsite Stormwater Management Permit application package to the Division and
receive a permit prior to any construction on the lot.
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.
Page 1 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PROJECT DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Name of Receiving Stream / Index #:
Classification of Water Body:
If Class SA, chloride sampling results:
Design Storm:
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Drainage Area, acres:
Ashcroft at The Commons
SW8 000505
Onslow County
Mr. James Helmick
155 Brynn Marr Road, Suite 400
Jacksonville, NC 28546
August 30, 2021
Northeast Creek / WOKO2 19-6-(0.5)
"SC NSW'
n/a
1"
Pond #1 Pond #2 Pond #3
6.0 6.0 6.0
42.50 43.50 44.00
9.23 7.82 8.46
Total Impervious Surfaces, ft2: 194,387 122,643 154.678
117 lots at 2,400 ft2: 103,200 81,600 96,000
Roads/Parking, ft2 91,187 41,043 58,678
Offsite Area entering Ponds, ft2: None, per Engineer
Required Surface Area, ft2: 10,457 6,473 8,175
Provided Surface Area, ft2: 11,100 11,100 11,100
Required Storage Volume, ft': 16,254 10,618 13,136
Provided Storage Volume, ft': 18,563 18,510 18,458
Temporary Storage Elevation, FMSL: 44.00 45.00 45.50
Controlling Orifice: 1.50"cp 1.50"T 1.50"cp pipe
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area for the entire lot
does not exceed the maximum allowed by this permit. 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 its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
Page 2 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
5. 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.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
8. 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.
9. 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 re -vegetation 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.
10. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the 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.
11. 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 3 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
12. 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.
13. Decorative spray fountains will be allowed in the stormwater treatment system if calculations
are provided documenting the permeant pool volume is greater than 30,000 cubic feet.
14. 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 000505, 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, Division Energy, Mineral, and
Land Resources.
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 2,400 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon 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. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in
their allowable built -upon area due to CAMA regulations.
h. 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.
i. Built -upon area in excess of the permitted amount will require a permit modification.
j. Each lot within the subdivision whose ownership is not retained by the permittee, must
submit a separate Offsite Stormwater Management Permit application package to the
Division and receive a permit prior to any construction on the lot.
15. 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.
III. GENERAL CONDITIONS
CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
Page 4 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
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.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
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.
d. 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.
Page 5 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
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 June 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
CcDY> 17/nan vvrenn, uireEFor
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 000505
Page 6 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
Attachment A
Ashcroft at the Commons Page 1 of 2
Stormwater Permit No. SW8 000505
Onslow County
Designer's Certification
I, , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8

Post -Construction Stormwater Management
Permit No. SW8 000505
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
-11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Wilmington Regional Office
Onslow County Building Inspections
Page 8 of 8

Attachment C - Permitting History
Ashcroft at the Commons
Permit No. SW8 000505
Approval
Permit Action
BIMS
Description of the Changes
Date
Version
8/16/2000
Original
10
Approval
the piping of a ditch. This is
6/10/2003
Plan Revision
NA
allowed because the project is
a high density subdivision.
the addition of a catch basin
and piping across the backs
1/5/2005
Plan Revision
NA
of lots 1-14 and 51-56. This
is allowed because the project
is a high density subdivision
from 1st Wilmington
4/9/2008
Transfer
1.1
Properties to the Ashcroft at
the Commons POA
6/22/2022
Renewal
2.0
Expires August 16, 2022

UtMLR USt UNLY
Date Received
Fee Paid
I Permit Number
?JI
Sv i % O 5O5
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. Stale Stormwater Permit Number:
JVV
n
()005)6
2. Project name:
81 {Vt CQmrnnn1
)
3. Project
City: JC11Jh50vwj11[ County: nY-)51oW ZIP: 7_g5
4. What, if any, changes have been made to the project as permitted? N /n
If the project has changed from the original approved plans, please complete SWU-101 fora Major
Modification or Minor Modification Application form available at: h_ttps://deg.nc.gov/about/divisions/energy-
mineral-land-resources/energy-mineral-la nd-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do -not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: SWXnN CA NYC I.UYytMons Mn 1'nc .
2. Signing Official's Name: 53me� HC�MIf �h
3. Signing Official's Title:
4. Mailing Address: A
City: TI1PA�6c
5. Street Address: 1�
City:
6. Phone:( 31G ) 160
I30kSnvlyiUe- State: _NX zip: 7.%'IU
Email:
1UN 21 2022
EG . Vk A.V
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

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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.
Initial each item below to indicate that the required information is provided in the application package:
{'[9 1. A permit application processing fee of $505.00 payable to NCDEQ.
!— 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Defigner 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
J❑ 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 Slate,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PERMITTEE'S CERTIFICATION
J I, aPleS 1�Q+r" kfC1 '„%Ci , 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, SCMs, or ownership. All information provided on thi ermit renewal application is, to the best of my
knowledge, correct/� and complete.
Signature: ki=' Date: / J (/IV �2 e 2 Z
a Notary Public for the State of
, do hereby certify
personally appeared before me
this the [t`^ day of 77\A,VNi, 201Z, and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
rfOTAg), r
Notary Signaturi:
"UBLI
My
My com commi expires
Slormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

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JAN.16,2008 09:39A Tripp Engineering 9107635631 page 2
Wet Detention Basin Inspection and Maintenance Agreement
I will keep a ttuainlenance record on this BMP. This maintenance record will bekept in a
log in a known set location. Any deficient HMP 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.
['he 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 otie):
❑ does ® does not incorporate a vegetated filter at the outlet.
This system (check one);
❑ does [K does not incorporate pretreatment other than a forebay.
Important maintenance pmceduius:
Immediately after the wet detention basin is establisher], 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 rquired to establish the plants on the vegetated shelf.
Stubte 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 inspection 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 fotmd shall
be repaired imtediately_
BMP element:
The perimeter of the wet I Auras of bare soil and/nr
detention basin erosive gullies have formed.
Vegrlalion is too short or too
xcgrade the soil if nccessary to
remove the gully, and then phinta
ground cover and water until it is
established. Provide time and a
one-time fertilizer aomlicatinn.
ation at a height of
six inches.

JAM 16,200B 09:40A Tripp Engineering 9107635631 page 3
amp element:
potential rublem:
How I will remedfate the roblem:
7'Isa inlet device. pipe ur
The pipe fs clogged.
Unclog the pipe. Dispose of the
Swale
sedimentoff-site.
The pipe is cracked or
Replace the pipe.
otherwise damaged,
Regrade the swale if necessary to
F.rosinn is occurring in the
Swale.
smooth it over and provide, erosion
c'ordrul devices such as reinforced
turf matting or riprap to avoid
future problems with erosion. _
Search for the source of the
The forebay
Sediment hos adumulated to
a depth gieater 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,
Weals are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the RlantS rather than s raying,
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 a,
Determine the source of the
dying.
problem: soils, hydrology, disease,
Or, Remedy the problem and
replace plants. provide a one-time
fertilizer application to establish the
ground cover if a soli 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.
Search for the SOnrre of the
The main treatment area
Sediment has accumulate) to
a depth greater Uian 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 a1Rah growth.
Cattails, phragmites or other
Remove the, plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
_..
the basin surface.

SAN-16,2008 09:40A Tripp Engineering 9107635631
page 4
Potential problem: _
Haw 1 will remediate the rp oblen
r
Shrubs have started to gow
Remove shrubs immediately.
on the embankment.
.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
curnult a professional to remove.
beavers.
A tree has started to grow nn
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 vaibankmtilt
'I he outlet device
Clogging has uccurred.
Clean out the outlet device. Dispose
of the sediment off -site, _
1'he 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 919.738-
17%.
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 y . s feet in the =in pond, the
sediment shall be removed.
When the permanent pool depth reads �•s _ feet in the forebay, the sediment
shall be removed.
BASIN DIAGRAM
(/ill is the blanks)
V Permanent Pool Elevation
Sediment Removal h P tanen pool
Volume Sediment Hcmoval L'kvatinn Volume
QOhmn ; cvalio fl MI11.
Sediment BottpmElovatiolt I-ft n
Storage eduncr
Storage
FORKHAV MAIN POND

JAN 16,2008 09:40A Tripp Engineering 9107635631
page 5
I acknowledge and agree by my signature below that 1 atn responsible for the
performance of the maintenance procedures listed above. 1 agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Print
Address: J-401 LS\(1CYt1L YiVe_.,_,C1L`ny 11 e AMC a85�
Signature:
Date: l)(L n\ i RQ 30 U
Note: The loyalty responsiblo party should not be a homeownrm association unless more than 50%of
the lots have been sold and a resident ol'the subdivision has been named the president.
1AA, /J/�j/(}_ nanQl f, a Notary Public for the State of
Ud CSLYD�/K� County of—L-2 2O _, do hereby certify that
C v—� 1m&a:. & personally appeared before me this
day of fund acknowledge the due execution of the
forgoing w,ei detentivA basin maintenance requirements. Witness my hand and official
.%`�PgTRIGNq 0i,�
,,,,,oTAA. o
z z=
"W"'Iw Cou"
Commission
My mmisston expires�l

JAN 46,2008 09:39A Tripp Engineering 9107635631 page 2
Wet Detention Basin Inspection and Maintenance Agreement 1 c,, # oC
i will keep a maintenance record on this BMP. This maintenance record will be kept in a
login a known set location. Any deficient BMP element% noted in the Inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP-
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
❑ does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does QVU1 does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
- No portion of the wet detention pond should be fertilized after the first 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 diained for an emergency or M perform maintenaxa e, 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 IS inches if in a
Coastal County). Records of inspection 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 fotmd shall
be repaired immediately-
BMP element ­:"Potential
robp hem:
How 1 will remediate the probleo
The entire BMP
Trash debris is present
Itemove the trash debris.
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necvssary to
detention basin
erosive gullies have formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide time and a
one-time fertilizer application.
Vegoiation is too short or too
Maintain vegetation at a height of
Ion .
approxiniateiv six inches.

JAAi16,2008 09:40A Tripp Engineering 9107635631 page 3
BMP element
Potential roblem:
Flow 1 will remedinte theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
srvale
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
contrul devices such as reinforced
turf malting or riprap to avoid
future problems with erosion.
Search for the source of the
The forebay
Sediment has attumulated to
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.
L'rosion has Deese rretl.
Provide additional erasion
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
show that pruning is needed
Prune according to best professional
practices
to maintain optimal plant
heallb.
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
krtilizer 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
Sediment has accumulated to
the lanti; rather than spry in ,
Search fnr the sourre of the
The main treatment area
a depth greater than the
original design sediment
sediment and remedy the problem if
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
50%of the area.
Cattails, phragmites or other
invasive plants cover 50% of
the basin surface.
Consult a professional to remove
andcontroll1O growth.
Remove the plants by wiping them
with pesticide (do not spray).

JAN,d6,2008 09:40A Tripp Engineering 9107635631
10
page 4
Shrubs have started to grow
on the embankment.
@vittence of muskrator
beaver activity is present.
A tree has started to grow on
An annual inspection by an
appropriate professional
shows that the embankment
needs re air.
CloMing has occurred.
The outlet device is damaged
Erosion or other signs of
damage have occurred at the
outlet.
How I will remediate theProblem:
Remove shrubs immediately,
Use traps to remtrva muskrats and
cunsult a professional to remove
beavers.
Consult a dam safety specialist to
remove the tree. _
Make all needed repairs.
Clean oul the outlet device. Dispose
of the sediment off -site,
Repair or replace the outlet devices
Contact the local NC Division of
Water Quality Regional Office, or
the 401 Ovemghl Unit at 919.aa-
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 q. s feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 5 _ feet in the forebay, the sediment
shall be removed.
BASIN DIAGRAM
(Ml in the blanks)
Permanent Pool Elevadon
Sediment Removal
- --- ----- ± Vnlumc Sediment------t ---- timt Volr
➢ottom Elevutio - --ft Min. ------•-- ---- ---•--
Sediment Bottom Elevalimt I' t
01or48e I c..a.,
FORt:RAY MAIN POND Storage
I

JAN416,2008 09:40A Tripp Engineering 9107635631
page 5
I acknowledge and agree by my signature below that 1 am responsible for the
performance of the maintenance procedures listed above. 1 agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party,
Print name: �I:EYC1P 7VI V1V1P/V I I
a ...uc—kSL 1YlVl� lc, SIC 08SL4 (j
Signature:
Date:.��tidJ--L1d].81 J�
Note: The ledully mspunsihtu party Should not be a homBowncN association tlnlas5 more than So% r
the lots have bccn sold and a resident ut the subdiviSion has been named tlw pmsidcnt.
t Y�Ct/1!1 !71 /iU1 1, a Notary Public for the State of
4 flJ ! /1( outtty of�sj�,.._, do hereby certify that
D Q 11 n U personally appeared before me this
day of � aZ Oand acknowledge the due execution of the
forgoing wit detention tt maintenance requirements. Witness my hand and official
`QG TRIGHq+0
!p
�OTAgj,
r
z_
r
r
'OU61.\G
titt��
MY commission expire&-D���,

47-
JAN 16,2008 09:39A Tripp Engineering 9107635631 page 2
Wet Detention Basin Inspection and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
tog 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 strictures, safely of the public, and the removal efficiency of the MR
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
[] does ® does not incorporate a vegetated filter at the outlet,
This system check one):
�] does kdoes not incorporate pretreatment other than aforebay.
Important maintenance procedures:
hmmediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly ff
needed, until the plants become establinhod (commonly six weeks).
- No portion of the wet detention pond should be fertilized after the first irdtial
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 niust be drained for an emergency or to perform maintename, 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). Remrds of Lnppection 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 foundshall
be repaired immediately.
, ne emtre nrvrr I Timsh/debris is present
The perimeter of the wet Areas of bare soil anti/or
detention basin I erosive gullies have formoti.
VegeNtion is too short or too
segracte the soil if necessary to
remove the gully, and then plant a
ground cover and water until itis
established. Provide lime and a
one-time fertilizer aonlication
at height

JAN 16,2008 09.40A Tripp Engineering
9107635631
page 3
BMP elel
The inlet
Swale
The
The
Potentials clogged
pipe of r—The pupa is clogged.
The pipe is cracked or
otherwise damaged.
Erosion is occurring in the
Swale..
Sediment has accumulated to
a depth greater than Cite
original design depth for
sediment storage.
L'rosion has occurred.
are present.
show that pnmh,g is needed
to maintain optimal plant
dying.
are dead, diseased or
are present.
treatmentarea Sediment hasaccumulatedtn
a depth greater than the
original design sediment
storage depth,
Algal growth avers over
50% of the area.
Cattails, phraglnttes or other
invasive plants cover 50% of
the basin surface.
How I will remediate the probl,
Unclog the pipe. Dispose, of the
sediment off -site.
Replace the pipe,.
RegraUC MC Swale it necessary to
smooth it over and provide erosion
Control devices such as reinforced
turf matting or rfprap to avoid
future problems with crosion.
Search for the source of tie
saliment and remedy the problem if
possible. Remove the sediment and
dispose of it in a location where it
Will not cause impacts to streams or
the BMP.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than Sea: nR
Prune according to beat professional
Practices
Determine the source of tie
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
Remove the WOWS, preferably by
hand. if pesticide is used, wipe it on
the elanis rather tiian s ra m
g.
Search for the source of the
sediment and remedy the pr9blem if
possible. Remnve the sediment and
dispose of it in a location where it
W ilt not cause impacts to streams or
the BMP.
Consult a professional to remove
and control the. a t growth. _
Remove the plants by wiping them
with pesticide (do nol spray).

JAN 16,2008 09:40A 'Tripp Enrlineering
i
9107635631
JIM? element: _ Potential problem: _ How 1 will remediate the problen
The embankment Shrubs have started to grow Remove shrubs immediately,
on theembankmenk _ _
EvidenUse tra ce of muskrat or ps to remove muskrats and
beaver activity is present. consult a professional to remove
A tree has started to grow on Consult a dam sufety specialist to
the embank I remove the tree.
An annual insperlIon by an I Make all needed repairs.
appropriate professional
shows that: the embankment
The outlet device Clogging has occurred. Clean out the outlet device. Dispose
of the sedimentoff-site.
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 919.7g,3-
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 45 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads q,5 - feet in the forebay, the sediment
shall he removed.
3ASIN DIAGRAM
(fll in the blanks)
p Pennancnt Pool Elevation
Sediment Remo1-j
_ tanen Youl
------Volume SedimenlRCmovalElevationBottom h--- --------- ---------•-----Mill.ediment Bottom Elevation I-ft r
Storage SedunCi
FOR6;BAY MAIN POND StoM&C
page 4

JAN 16,2008 09:40A Tripp Fngineering 9107635631
page 5
i acknowledge and agree by my signature below that J aln responsiblu for the
performance of the maintenance procedures listed above. 1 agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Phone:
Note: 'rhe legulty msponsibie party slioulrt nut be a homeowners association unless more than 50%of
the lots have been sold and a resident ol'thc subdivision has been named the pn:sidenL
t, i 7t1f! l L4Sff Jr / jr l /t6 Jt[f*V/,.� a Notary Public For the State of
� �161- County of [(�� — do hereby certify that
Personally appeared before me this —3—ow-,
day of and acknowledge the due execution of the
forboing w% deten ' bin maintenance requirem5ntst Wilness my hand and official
OTaRY O
d jOUB��G '
' O
„ttt
My commission expire -

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street ♦ P.O. Box 976
Jacksonville, NC 28541-0976
[phone] ♦ Fax: [phone]
October 7,
Mr. Rick Shiver, Water Quality Regional Supervisor
NCDENR-Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Ashcroft at The Commons
Permit No. SW8 000505
Partial Stormwater System Certification,
Section 1 and Pond 1 Only
Onslow County, NC
Dear Mr. Shiver:
We are providing herein the required stonnwater system construction certification for the above
referenced project as shown below:
1, Timothy M. Stewart, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to periodically observe the construction of the Ashcroft at The Commons, Permit
No. SW8 000505,.hereby state that due care and diligence was used in the observation of the project
construction such that.the construction was observed to have been built within substantial compliance and
intent of approved plans and specifications.
The attached Stormwater System Construction Certification Checklist is included as part of the
certification. Please note that only Section 1, containing Pond 1, is constructed at this time. As the other
Sections and Ponds are constructed, they will be inspected and certified. Noted deviations from approved
plans and specifications are as listed on the attached check list.
If you have any questions concerning this certification, please call.
Sincerely,
PARKER & ASSOC ATES, INC.
Timothy .JSewart, P.E. ,.•``�H CAR01 /�'11
�.`ta0� 0 .��q
xc: CE DeansLAM ckney, (w/enclosure) e ; y@ZESS ryg% ,•
Enclosure
O s
14575
cLTMS.Ashcrotlswuler.crt �/��•,Fry�I�NE��`�P�
i
rtiY..M.
''114r1nnNIN,
ENVIRONMENTAL ENGINEERING ♦ STORM WATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS -
DEVELOPMENT CONSULTING ♦ FEASIBILITY REPORTS ♦ COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS

ASHCROFP AT THE COMMONS STORMWATER SYSTEM
SECTION 1, POND # 1 ONLY
CONSTRUCTION CERTIFICATION CHECKLIST
TMs *
1.
The drainage area to the system contains approximately the permitted acreage.
TM%*
2.
The drainage area to the system contains no more than the permitted amount of built -
upon area.
TMS **
3.
All the built -upon area associated with the project is graded such that the runoff drains to
the system.
TM S
4.
The outlet/bypass structure elevations are per the approved plans.
TMS
5.
The outlet structure is located per the approved plans.
'(MS
6.
Trash rack is provided on the outlet/bypass structure.
-rMS **
7.
All slopes are grassed with permanent vegetation.
TMS
8.
Vegetated slopes are no steeper than 3: 1.
(MJ
9.
The inlets are located per the approved plans and do not cause short-circuiting of the
system.
TM S
10.
The permitted amounts of surface area and/or volume have been provided.
rMs
11.
Required drawdown devices are correctly sized per the approved plans.
TMS
12.
All required design depths are provided.
TM�
13.
All required parts of the system are provided, such as a vegetated shelf and a forebay.
TMS
14.
The overall dimensions of the system, as shown on the approved plans, are provided.
* I. First phase of subdivision is built. Additional areas from future phases will also flow to pond #1
*2. Not all houses, sidewalks and streets draining to pond #1 are built
*3. Not all Lots are graded yet. Lots 19 and 20 were graded incorrectly, so the house gutters were piped to the
street. Lot 23 was graded incorrectly, so swales and catch basins were added to the rear of the lot and
runoff was piped to the pond.
*7. Slopes need some additional grass work / maintenance.

r�L6
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
[phone] + Fax:[phone]
March 13, 2006
Ms. Linda Lewis, Water Quality Regional Supervisor
NCDENR-Division of Water Quality MqR r
127 Cardinal Drive Extension g�. 2006
Wilmington, NC 28405-3845 \`
RE: Ashcroft at The Commons
Permit No. SW8 000505
Partial Stormwater System Certification,
Section 3 and Pond 3 Only
Onslow County, NC
Dear Ms. Lewis:
We are providing herein the required stonnwater system construction certification for the above
referenced project as shown below:
1, Michael J. Klinker, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to periodically observe the construction of the Ashcroft at The Commons, Permit
No. SW8 000505, hereby state that due care and diligence was used in the observation of the project
construction such that the construction was observed to have been built within substantial compliance and
intent of approved plans and specifications.
The attached Stormwater System Construction Certification Checklist is included as part of the
certification. Please note that only Section 3, containing Pond 3, is being certified at this time. Pond #1
was previously certified on October 7, 2002. Noted deviations from approved plans and specifications are
as listed on the attached check list.
If you have any questions concerning this certification, please call.
Enclosure
xc:
` 1811"1f Sincerely,
�Q�.� S pO•,/-lam /�
KER « ASSOCIATES, � oINC.
:ZrcegEp,L =
02Qp91
ichael . Klinker, P.E.
Mr. Deans Hackney (w/enclosure) 1111
CF (P), LAM
MJ K/gt
c2.M1 K.Ashero ftswaterxrt
EMAIL ADDRESS: TEXT MESSAGES TO: nattextnbizec.rr.com MAPS AND PLANS TO: Paidraft(albizec.rr.com
♦ ENVIRONMENTAL ENGINEERING ♦ STORNIWATF,R, WATER AND WASTEWATER SYSTEMS
♦ FEASIBILITY AND DEVIL LOPM ENT CONSULTING f GLOBAL POSITIONING SURVEYS ♦ SUBDIVISION AND CONSTRUCTION PLANS

ASHCROFT AT THE COMMONS POND #3
PERMIT # SW8-000505
CONSTRUCTION CERTIFICATION CHECKLIST
I. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
* 3. All the built -upon area associated with the project is graded such that the runoff drains to
the system.
4. The outlet/bypass structure elevations are per the approved plans.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outletibypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the
j system.
10. The permitted amounts of surface area and/or volume have been provided.
/ 11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
* 1, *2, *3. Construction is ongoing in phase 3. Not all homes, sidewalks, and grading are
complete.
*5. The outlet structure was relocated to the North East corner of the pond.
*7. The slopes are seeded and covered with liners. Slopes will require additional grass
work/maintenance.
NCDLNR-DWQ Regional Office
Mitchell Parker, Onslow County Building Inspector

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street • P.O. Box 976
Jacksonville, NC 28541-0976
[phone] . Fax: [phone]
April 25, 2006
Ms. Linda Lewis, Water Quality Regional Supervisor
NCDENR- Division of Water Quality
127 Cardinal Drive Extension 1 I
Wilmington, NC 28405-3845
RE: Ashcroft at the Commons
Dear Ms. Lewis:
Hori2
Permit No. SW8 000505
Final Stormwater System Certification
Section 2 and Pond 2
Onslow County, NC
We are providing herein the required stormwater system construction
certification for the above referenced project as shown below:
OR 2 ``1 P
1006
I, Michael J. Klinker, as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to periodically observe the construction of the
Ashcroft at The Commons, Permit No. SW8 000505, hereby state that due care and
diligence was used in the observation of the project construction such that the
construction was observed to have been built within substantial compliance and intent
of approved plans and specifications.
The attached Stormwater System Construction Certification Checklist is included
as part of the certification. Please note that Section2, containing Pond 2, is being
certified at this time. Pond #1 was previously certified on October 7, 2002. Pond #3
was previously certified on March 13, 2006. Noted deviations from approved plans and
specifications are as listed on the attached check list.
This certification completes the Stormwater Certification for this project.
If you have any ,Ryps gyp concerning this certification, please call.
.�`'�%N CARO�"'%
R, .. ....•�� '' Sincerely,
20;eo S otiv� y
SEAL - PARKER & ASSOCIATES, INC.
029091
Michael .Klinker, P.E.
Enclosure
xc: Mr. Deans Hackney (w/enclosure)
CF (P), LAM
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c2, W K.Ashaaft.swatec cn
EMAIL ADDRESS: TEXT MESSAGES TO: ttaitextAbizcc.rr.com MAPS AND PLANS TO: pnidrnft(a),bizec.rr.com
♦ ENVIRONMENTAL ENGINEERING ♦ STORMWATER, WATER AND WASTEWATER SYSTEMS
♦ FEASIBII.TPV AND DEVELOPMENT CONSULTING ♦ GLOBAL POSITIONING SURVEYS f SUBDIVISION AND CONSTRUCTION PLANS

State Stormwater Management Systems
Permit No. SW8 000505
Page 2 of 2
ASHCROFT AT THE COMMONS POND #2
Permit #SW8-000505
Construction Certification Checklist
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
* 10. The permitted amounts of surface area and/or volume have been provided.
20- 11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
14. The overall dimensions of the system, as shown on the approved plans , are
provided.
* The built upon area for each lot was not verified.
** The slopes are seeded and covered with liners. Maintenance will be required to
ensure a good stand of permanent vegetation.
xc: NCDENR-DWQ Regional Office
Mitchell Parker, Onslow County Building Inspector
c2Ashaokchecklisl

GGGK 17 0 0 PAGE 9 4 1
� \ 2001 AIM 20 P11 12. 28
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR ASHCROI—F AT THE COMMONS, PHASE I
KNOW ALL MEN BY THESE PRESENTS,
That the undersigned, 1ST WILMINGTON PROPERTIES (herein called
"Declarant'), a North Carolina General Partnership, is the Owner of all of the interest and equity in
that certain tract of land known as ASHCROFT AT THE COMMONS, PHASE I, and it is the
desire of the Declarant to insure the use of said property for attractive residential purposes only, to
prevent the impairment of the attractiveness of the property, to maintain the desired tone of the
community, and thereby to secure to each Lot Owner the full benefit and enjoyment of his home
with no greater restriction upon the free and undisturbed use of his Lot than is necessary to insure
the same advantages to the other Lot Owners;
NOW, THEREFORE, the Declarant does hereby covenant, agree and declare to and
with all persons, firms or corporations now owning or hereafter acquiring any property in
ASL-ICROFT AT THE COMMONS, PHASE I, as shown on a map recorded in Map Book 41
at Page 18 of the Onslow County Registry, that all of the Property and Lots in said subdivision,
as hereinafter defined, are hereby made subject to the following Covenants, Conditions and
Restrictions as to the use thereof, running with the land by whomsoever owned.
ARTICLE I
DEFINITIONS
1. "Association" shall mean and refer to Ashcroft At The Commons Propeny
Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
2. 'Board of Directors" or "Board" means those persons elected or appointed
and acting collectively as the Board of Directors of the Association pursuant to its By-laws.
3. 'Building" shall mean and refer to any structure intended for human use
constructed or erected on a Lot.
4. "By-laws" shall mean the by-laws of the Association as they now or may
hereafter exist.
5. "Common Area" shall mean and refer to all land within the ASHCROFT AT
THE COMMONS, PHASE I Subdivision which is conveyed to the Association by warranty deed
recorded in the Onslow County Registry and which deed specifically designates said area as
Common Area and incorporates the provisions of this Declaration as to the use of said property as
Common Area, along with any facilities and improvements erected or constructed thereon.
Common Area shall also refer to any of the Property designated as Common Area on any recorded
plat of the Subdivision. In addition, subdivision sign(s), landscaping and fencing located at the
entrance to ASHCROFT AT THE COMMONS, PHASE I Subdivision are declared to be Common
Area. Additional Common Area may be annexed or "phased" into the subdivision as hereinafter
provided. Common Area shall be used and maintained for the exclusive use and enjoyment of the
Members of the Association.
"Common expenses" shall mean and include.
(a) All sums lawfully assessed by the Association against its Members;

960K 17 0 0 PAGE 9 4 2
(b) Expenses of administration, maintenance, repair or replacement of
the Common Areas and the Stormwater Drainage System;
(c) Expenses declared to be common expenses by the provisions of this
Declaration or the By-laws;
(d) Liability for such other insurance premiums as the Declaration or
By-laws may require the Association to purchase;
Association; (e) Expenses agreed by the Members to be Common Expenses of the
(0 Any ad valorem taxes and public assessments levied against the
Common Area.
7. "Common Profits" shall mean and refer to the balance of all income, rents,
profits and revenues of the Association remaining after the deduction of the common expenses or
reserve therefore. Common Profits shall not mean or include any sums lawfully assessed against
Members by the Association.
8. "Community -Wide Standard" shall mean the standard of conduct,
appearance, aesthetics, maintenance, or other activity generally prevailing throughout the
Subdivision. Such standard may be more specifically determined by the Board of Directors and
the Architectural Standards Committee.
9. "Declaration" shall refer to this Declaration of Covenants, Conditions, and
Restrictions for Ashcroft At The Commons, Phase 1, and any supplements or amendments thereto.
10. "Declarant" shall mean and refer to 1 ST WILMINGTON PROPERTIES, a
North Carolina general partnership, its successors and assigns to whom the rights of Declarant are
expressly transferred, or any legal entity acquiring title to any of the Property which has not been
subjected to the terms of this Declaration, with the intent of and for the purpose of further
development.
11. "Home" shall mean and refer to a detached, free-standing dwelling or place
of residence and any attached or detached garage constructed upon a Lot.
12. "Lot" shall mean and refer to any plot of land, other than the Common Area,
which is subject to this Declaration and is shown on a recorded Subdivision map.
13. "Member' shall mean and refer to every person who is a member of the
Association, as provided herein.
14. "Owner" shall mean and refer to one or more Persons who hold the record
title to any Unit, but excluding any party holding an interest merely as security for the
performance of an obligation. If a Unit is sold under a recorded contract of sale, then upon
recording of such contract, the purchaser (rather than the fee owner) will be considered the
Owner, if the contract specifically so provides.
15. "Person" shall mean and refer to an individual, corporation, partnership,
association, trustee or other legal entity.
16. "Property" shall mean and refer to that certain real property shown on that
plat recorded in Map Book 41 , page 18 , Onslow County Registry, and any other
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001 700 PAGE943
real property which is made subject to this Declaration, as provided herein.
17. "Subdivision" means all of the Property which shall be known collectively
as Ashcroft at The Commons and all real property which may be made subject to this Declaration in
the future, as provided herein.
ARTICLE II
ANNEXATION OF ADDITIONAL PROPERTIES
1. Annexation by Membership. Except as provided in Section 2 below,
annexation of additional property shall require the assent of two-thirds (2/3) of the Class A
Members and two-thirds (2/3) of the Class B Members, if any, at a special meeting of Members
duly called for this purpose, written notice of which meeting shall be sent to all Members not less
than thirty (30) days nor more than sixty (60) days in advance of the meeting.
2. Annexation by Declarant. If the Declarant, its successors or assigns, shall
develop all or any portion of any land contiguous to or within one mile from the Property which is
subject to the Declaration, such additional tract or tracts may be annexed to said Property without.
the assent of the Class A Members, by the execution and recording in the Onslow County Registry
of a Supplemental Declaration of Covenants, Conditions and Restrictions making said additional
tract or tracts subject to this Declaration, provided however, the development of the additional
tract(s) described in this section shall be in accordance with the same general scheme of
development as Ashcroft At The Commons, Phase 1.
ARTICLE III
PROPERTY RIGHTS
1. Owner's Easements of Eniovnnent. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass
with the title to every assessed Lot, subject to each of the following provisions;
(a) The right of the Association to formulate, publish and enforce Rules
and Regulations as provided in Article VI herein.
(b) The right of the Association, in accordance with this Declaration and
its Articles and By-laws, to borrow money for the purpose of improving the Common Area and
facilities and carrying out its maintenance responsibilities, and in aid thereof to mortgage said
property, provided that the rights of such mortgagee in said properties shall be subordinate to the
rights of the Owners hereunder.
(c) The right of the Association to suspend the voting rights and rights
to use of the Common Area and facilities by a Member, or any person to whom he has delegated his
voting right, for any period during which any assessment against his Lot remains unpaid, or for a
period not to exceed sixty (60) days for an infraction of its published rules and regulations.
(d) Restrictions on the use of the Property as provided in Article VI
herein and provisions concerning easements as provided in Article VIII herein.
2. Delegation of Use. Subject to the provisions of the By-laws and the Rules
and Regulations of the Association, any Owner may delegate his right to the enjoyment of the
Common Area to the Members of his family, his guests, his tenants, or contract purchasers,
provided, every such delegee must reside in the home of the Owner.
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800n 17 0 0 PHE '"y 4 4
3. Title to Common Area. The Declarant hereby covenants for itself, its
successors and assigns, that it will convey fee simple title to any of the Property which is designated
as the Common Area, to the Association, free and clear of all liens and encumbrances, at the time of
or prior to, the conveyance of the last Lot in each respective section, except utility and stormwater
drainage easements and easements to governmental authorities, upon condition that such area as
shall be designated "Common Area" and shall be for the sole and exclusive use and benefit of
Members, so long as such area is maintained in conformity with the requirements of this
Declaration, the By-laws, and the Articles of Incorporation of the Association, at the sole expense
of the Association.
Similarly, the Declarant will convey to the Association, upon the same conditions
and for the same uses and purposes, any Common Areas which are parts of any additional phases of
the Property developed by it in the future.
4. Easements for Ingress and Egress. There is hereby reserved to all Owners
and other authorized users an easement over the streets and roadways for access for ingress and
egress to and from the Lots and the Common Areas, subject to the right of the Board to
promulgate reasonable Rules and Regulations for the use of said areas, as provided herein.
ARTICLE 1V
ASSOCIATION
1. Membership. Every Person who is record Owner of a fee or undivided fee
interest in any Lot, including contract sellers, but excluding persons who hold an interest merely as
security for the performance of any obligation, shall be a Member of the Association. There shall be
only one vote per Lot in the Association, except as otherwise provided in Section 2 of this
ARTICLE IV. Membership shall be appurtenant to and may not be separated from ownership of
any Lot. The Board may make reasonable rules regarding proof of ownership as a prerequisite to
voting by any Member.
2. Votind Rights.
(a) Class "A". Class A Members shall be all Owners with the exception
of the Declarant. When more than one person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as the Owners of said Lot determine among
themselves, but in no event shall more than one (1) vote be cast with respect to any Lot, except as
otherwise provided in this Section 2.
(b) Class "B". Class B Member(s) shall be the Declarant 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 either of the following events, whichever
occurs earlier:
1. when the Declarant owns twenty-five percent (25%) or less
of the residential Lots in the Subdivision, including any properly which may be annexed to the
Subdivision, or
on January 1, 2010.
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BOOK 1100 PAOE 9 4 5
ARTICLE V
COVENANT FOR ASSESSMENTS.
l . Creation of the Lien and Personal Obligation of Assessments. Every Owner
of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such
deed or other conveyance, and every other Owner of any Lot which is made subject to the terms and
conditions of this Declaration, is deemed to covenant and agree to pay to the Association the
following:
(a) Annual assessments or charges;
(b) Special assessments for capital improvements.
(c) initial capital assessment.
Such assessments shall be fixed, established and collected from time to time as
hereinafter provided. The initial capital assessment, the annual assessments, and any special
assessments, together with such interest thereon, costs of collection thereof, and reasonable
attorneys fees, as may be established by the Association, shall be a charge on the land and shall be a
continuing lien upon the Lot and the improvements thereon, against which each such assessment is
made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall
also be the personal obligation of the Person who was the Owner of the Lot at the time the
assessment became due. The personal obligations of an Owner for delinquent assessments shall not
pass to his successor in title unless expressly assumed by said successor in title and then only with
the consent of the Association. The liability for all assessments by the record Owners of each Lot
shall be joint and several.
2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively for promoting the health, safety and welfare of the Owners and the Subdivision;
enforcing this Declaration and the By-laws and Rules and Regulations of the Association;
providing the services and facilities for the purposes of or related to the maintenance, use and
enjoyment of the Common Area and facilities; for the purposes of payment of common expenses;
and the managing, repairing, maintaining and replacing the stormwater drainage system,
subdivision signs, and landscaping and fencing located at the entrance to the property.
3. Amount of Annual Assessment.
(a) Initial Annual Assessment. The initial annual assessment shall be
ONE HUNDRED AND 00/100 ($100.00) DOLLARS per Lot effective may 1 12001.
(b) Increase by Board. From and after the -date specified in
subparagraph 3(a) above, the maximum annual assessment may be increased effective January 1 of
each year by the Board of Directors, without a vote of the Membership of the Association, by a
percentage which may not exceed twenty (20%) percent of the amount of the Assessment for the
previous year.
(c) Increase by Members. From and after the date specified in
subparagraph 3(a) above, the annual assessment maybe increased by an affirmative vote of a
majority of the Members who are in person or by proxy, at a special meeting of the Members duly
called for such purpose, written notice of which meeting setting forth the purpose of the meeting,
shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance
of the meeting.
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BOOK f 7 0 i0 PAGE 9 4 5
(d) Criteria for Establishing Annual Assessment. In proposing and
adopting the annual assessment for any assessment year, the Board shall consider all current costs
and expenses of the Association, any accrued debts, and reserves for future needs.
(e) Lots Owned by Declarant. Declarant shall be exempt from the
payment of the annual assessment for any unsold Lots for a period of two years after the date such
Lots are platted of record in the Office of the Register of Deeds of Onslow County as Lots in the
Subdivision. Upon the expiration of two years from the date of recordation of said plat or plats, the
obligations of the Declarant to pay the pro rata share of the annual assessment of the year remaining -
shall become effective, and accrual of the obligation to pay assessments to the Association shall not
begin until that date.
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 that year only for the purpose of defraying, in whole or in part, the costs of
construction or reconstruction, unexpected repairs, or replacement of a capital improvement upon
the Common Area, including the necessary fixtures and personal property related thereto, provided
that any such assessment shall have the assent of a majority of the votes of the Members who are
voting in person or by proxy at a meeting duly called for this purpose, written notice of which,
setting forth the purpose of the meeting, shall be sent to all Members not less than thirty (30) days
nor more than sixty (60) days in advance of the meeting.
5. Uniform Rate of Assessment. Both annual and special assessments must be
fixed at a uniform rate for all Lots, on a per Lot basis, and may be collected on a monthly, quarterly
or annual basis as determined by the Board of Directors.
6. Commencement and Due Dates of Annual Assessment. The annual
assessments provided for herein shall be paid in monthly, quarterly or annual installments and,
except as otherwise provided herein, the payment of such annual assessments shall corrunence as to
each Lot on May 1 , 2001. The Board of Directors shall fix the amount of the annual
assessment against each Lot at least two (2) months in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto thirty (30) days
in advance of each annual assessment period. The due dates shall be established by the Board of
Directors. The Association, upon demand at any time, shall famish a certificate in writing signed
by an officer of the Association setting forth whether the assessments on a specified Lot have been
paid. A properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
7. Initial Capital Assessment. Each initial Owner of a Lot agrees to pay an
Initial Capital Assessment in the amount of One Hundred and no/100 Dollars ($100.00), for the
purpose of establishing the capital improvements fund of the Association. Said amount will be
collected at closing of the sale of each Lot by the Declarant and shall be paid to the Association, to
be maintained in a separate interest -bearing account.
8. Effect of Nonpayment of Assessments. Remedies of the Association. Any
assessments or portion thereof which are not paid when due shall be delinquent. If the assessment
or any portion thereof is not paid within thirty (30) days after the due date, the same shall bear
interest from the date of delinquency at the rate of twelve percent (12%) per annum and in addition,
a late fee shall be assessed in such amount as may be determined by the Board of Directors, with
the initial late fee being $5.00. The Association may bring an action against the Owner personally
obligated to pay the same, or foreclose the lien against the Lot in the same manner as provided in
North Carolina for the foreclosure of deeds of trust, and, in either event, interest, costs and
reasonable attorney's fees of any such action shall be added to the amount of such assessment. 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.
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BOOK ! 700 PABE 9 4 7
11
The lien of
the assessments provided for herein on any Lot shall be subordinate to the lien of any first mortgage
and ad valorem taxes on each Lot. The sale or transfer of any Lot shall not affect the assessment
lien; however, the sale or transfer of any Lot pursuant to such mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments wh rh
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.
10. Exempt Property. The following property shall be exempt from payment
of Assessments:
(a) all Common Area;
(b) any Property dedicated to and accepted by any governmental
authority or public utility;
(c) any Property held by a conservation trust or similar nonprofit entity
as a qualified conservation easement, except to the extent that any such easement lies within the
boundaries of a Lot which is subject to assessment under this Article, in which case the Lot,
whether or not wholly or partly subject to said easement, shall not be exempted from assessment;
ARTICLE VI
USE RESTRICTIONS
1. Rules and Regulations. The Board shall have the power to formulate,
amend, publish and enforce reasonable rules and regulations (herein, "Rules and Regulations")
concerning the use and enjoyment of any streets, Common Area and the Utility Easements,
including the stormwater drainage system. The Association shall be responsible for all permit
responsibility and compliance with all applicable laws, ordinances, rules and regulations regarding
the stormwater drainage system.
2. Residential Purposes. All Lots in said Subdivision shall be used for
residential purposes only and only single family residences shall be constructed thereon.
3. Minimum Size of Residence. No residence smaller than 900 square feet of
heated floor space, exclusive of porches, steps, walks, garages, carports, storage areas, etc., shall be
constructed or located on any Lot,provided that in cases where the area is not more than ten percent
(10%) below the minimum above set out, Declarant, or its designated agents, may, at their option,
approve the construction of the dwelling if it is in conformity with the general development of the
Subdivision. In computing the number of square feet allowed as provided herein, no square
footage in any part of the dwelling that is constructed over a garage will be counted, unless it is on
the same utility hookup as the main dwelling and is a finished part of the constructed living space.
4. Constnuction Material. No concrete block, concrete brick, asbestos siding,
aluminum siding, cinder block, tar paper, nor stucco composition shall be used for the exterior of
any residence constructed on any building Lot , it being intended that only conventional frame,
wood, masonite-type hardboard, vinyl, brick or clay brick exteriors be utilized in Buildings to be
constructed on the Lots.
5. Setback Lines. Since the establishment of standard 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
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BOOK 1 7 0 0 PAGE 9 4 8
vegetation, ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect, Declarant reserves the right to control and approve absolutely the site and location of any
Home or Building or other structure upon any Lot before construction begins. In any event, no
Home or Building shall be erected closer to the front Lot line than 25 feet, nearer to any side line
than 7 feet, and nearer to any rear lot line than 15 feet, or the minimum distances cs: 2b!ished by
applicable Onslow County or the City of Jacksonville, North Carolina zoning ordinances,
whichever shall be greater, unless a variance is received in writing prior to construction. On corner
Lots, the side having the least frontage shall be considered the front Lot line of said Lot, and no
Home or Building shall be erected closer to the front Lot line than 25 feet, nearer to any side line
than 7 feet, and nearer to any rear lot line than 7 feet, and nearer to any side street than 15 feet, or
the minimum distances established by applicable Onslow County or the City of Jacksonville, North
Carolina zoning ordinances, whichever shall be greater, unless a variance is received in writing
prior to construction. No vegetable garden shall be permitted nearer the front Lot line than five (5)
feet behind the rear corner of the Home.
6. Roofs. The main roof structure on any residence must have a minimum
pitch of 571 T unless written permission to vary therefrom is first obtained from the Declarant. All
shingles shall be earth tones, such as browns, grays and blacks, and shall be a minimum of 25 year
architectural shingles or comparable quality.
7. Accessory Buildings and Structures. Construction plans and site location for
any storage building, accessory building, or any other exterior structure to be constructed or placed
upon a Lot must be approved by Declarant in writing prior to construction and must conform in
material, design, paint color, building style and other matters to the residence.
8. Mobile Homes or Vehicles. No house trailer, mobile home, travel trailer or
other recreational vehicle, tent, shack or temporary structure of any nature shall be located on any
Lot or used at any time as a residence, temporarily or permanently, nor may any modular and
prefabricated homes and previously constructed houses be erected or placed on any Lot, without the
express written consent of the Declarant.
9. Fence. No fence shall be erected or hedge grown on any Lot unless written
approval thereof has first been obtained from Declarant. No fence and no hedge shall be permitted
nearer the front Lot line than the rear comers of the house constructed on said Lot unless approved
by Declarant. On Lots having buffer fences installed by the Declarant, the Owner shall be
responsible to inspect and maintain the fence in its original condition unless the responsibility of
maintenance of the fence is given to another entity in writing by the Declarant. All fences shall be
constructed of wood or similar materials, with the finished side on the outside. A fenced area of at
least 20' x 20' attached to the rear of the Home shall be required within which shall be kept lawn
mowers, bicycles, toys, grills and items commonly stored outside.
10. Tanks. No fuel tanks or similar storage receptacles may be exposed to view.
Any such receptacles may be installed only within the main dwelling house, within an accessory
building, within a screened area, or buried underground, except that one natural gas or propane tank
of a maximum of 60 gallons may be installed above ground. Each Lot Owner shall provide
containers or receptacles for garbage and trash, and all garbage cans, trash cans, carts and bags must
be kept in a screened area, accessory building or other storage facility, and not visible from the
street, except on garbage pick-up days.
11. Water. Except as otherwise provided in this Section 11, all water to be used
in said Subdivision for any purpose whatsoever shall be provided by the City of Jacksonville, North
Carolina An area on each Lot within an eight (8) foot radius from each water meter shall be subject
to an easement for maintenance and repair of such meter. Owners may, however, with the
Declarant's consent, drill shallow wells for irrigation purposes and for non -domestic use provided
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pGOK i l Q PAGE 9 4 9
said wells and pumps are located so as not to be visible from the streets, are properly enclosed and
landscaped, and comply with any applicable laws, ordinances and regulations.
12. Waste Water Disposal. Waste water disposal shall be through the public
waste water disposal system of the City of Jacksonville, North Carolina, or other suitable public
waste water disposal system, and each Home shall be required to be connected to and to utilize said
system for waste water disposal.
13. Sales Prohibited. No yard sales or garage sales shall be permitted upon any
Lot. No clothes line shall be permitted except portable clothes tree stands which shall not be visible
from any adjoining street.
14. Nuisance. No noxious or offensive activity or situation shall be carried on
or maintained on any Lot or part of any Lot, nor shall any use be made of any Lot or Home thereon
which may be or may become an annoyance or nuisance to the neighborhood. Common household
pets are allowed, subject to all applicable City of Jacksonville, North Carolina and/or Onslow
County ordinances and leash laws. No domesticated farm animals or fowls shall be kept on any
Lot.
15. Interference with Use of Lot. 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 of like nature as may diminish, prevent or destroy the
enjoyment of the Subdivision by any other Owner.
16. Cleanliness. It shall be the responsibility of each Owner to prevent the
development or the continuation of any unclean, unsightly, or unkempt condition on any Lot
which would tend to decrease the beauty of the Subdivision. Garbage and trash shall be disposed
by Owner in accordance with the rules and regulations of the Association.
17. Exterior Lim. All lights installed in any fixture located outside of any
Home or Building shall be clear, white or non -frost light or bulbs. A variance from this
requirement maybe authorized pursuant to the provisions of this Declaration during specific
holiday seasons.
18. Subdivision of Lot. No Lot shall be subdivided, or its boundary line
changed without the written consent of the Declarant. However, the Declarant hereby expressly
reserves to itsel f the right to replat any Lot or Lots or change the alignment or placement of any
road as may be necessary to carry out the scheme of development of the Subdivision, in Declarant's
sole discretion, including the right to extend streets and roadways for the purpose of providing
access to adjacent properties and to take such other steps as are reasonably necessary to make such
replatted Lot or Lots suitable and fit as a building site.
permitted. 19. Hunting. No hunting or discharge of firearms within the subdivision is
20. Street Lighting. The Declarant reserves the right to subject the Subdivision
to a contract with Carolina Power and Light Company, or its successors and assigns, for the
installation of underground electric cables and/or the installation of street lighting, either or both of
which may require an initial payment and/or a continuing monthly payment by each Owner for the
provision of said services.
21, Construction. Construction activity on a Lot shall be confined within the
boundaries of said Lot. Each Owner shall have the obligation to collect and dispose of all rubbish
and trash resulting from construction on his Lot. Upon Owner's failure to collect and dispose of
25145

SOUK 1 7 0 0 PAGE 9 5 0
such trash within fifteen (15) days after receipt of a written notice from Declarant, Declarant may
collect and dispose of such rubbish and trash at the Owner's expense.
22. Mailbox. Each Lot in the Subdivision shall have only one (1) mailbox and
one (1) paper box to be mounted on a single post, and all such boxes shall be as approved by
Declarant. Such mailboxes or paper boxes may be provided by the Declarant or the builder. Any
boxes provided by the builder shall be considered an improvement and must remain with the Lot.
Owners shall maintain all such boxes so as to be neat and attractive in appearance.
23. Antennas. No outside radio or television antennas or receivers of any type
shall be erected on any Lot or dwelling unit within the Subdivision, unless and until written
permission for the same has been obtained from the Declarant. Declarant retains the right if it
approves the erection of any antenna to specify the color, size and location of the antenna.
24. Future Development. Declarant is not liable and makes no representation as
to the development of any other phase or section except the phase or section covered by the
Declarations. Declarant may make changes in future sections of the Subdivision not subject to the
Declarations, including, but not limited to, changes in design, type of strictures, restrictions or
character of section. All maps, brochures and plans are purely for planning and illustration
purposes and are not to be relied upon as any promise or covenant of whatsoever kind or nature.
25. Driveway: Each Lot must have a paved driveway at a location approved by
Declarant. Off-street parking for not less than two passenger automobiles must be provided on
each Lot prior to the occupancy of any residence constructed on said Lot, which parking areas and
the driveways thereto shall be constructed of concrete, asphalt, brick or landscape paving blocks.
All homes constructed in the subdivision shall have a garage containing a minimum space for two
(2) vehicles, unless this requirement is waived in writing by the Declarant.
26. Vehicles. No inoperable vehicle or vehicle without current registration and
insurance, and no large vehicles or tractor -trailers will be permitted on any Lot or in the
Subdivision. The Declarant shall have the right to have all such vehicles towed at the vehicle .
Owner's expense. No bus, van, school bus, or vehicle larger than 3/4 ton shall be parked, stored or
kept in the Subdivision. Boats shall be kept inside a storage building or in the back yard not visible
from the street or unsightly to the adjacent Lots.
27. Signs. No signs (including "For Rent", "For Sale", and other similar signs)
or property identification signs shall be erected or maintained on any Lot except with the express
written permission of the Declarant, its successor or assigns, except as may be required by legal
proceedings; provided, however, that the Declarant or its agents may place "For Sale" or "For Rent"
signs on any Lots for sale and in suitable places on the Common Area approved by the Association;
provided, however, that during the development of the Property and the initial marketing of Lots,
the Declarant may maintain a sales office and may erect and display such signs as the Declarant
deems appropriate as aids to such development and marketing, provided that such signs do not
violate any applicable laws. Such permitted signs shall be placed in the approximate center of a lot
and six feet from the road curb. No sign shall be nailed to trees.
28. Alterations. No person shall undertake, cause or allow any alteration of
construction in or upon any portion of the Common Area except at the direction or with the express
written consent of the Association.
29. Stormwater Run -Off Rules. All Lots are subject to the rules and
regulations of the State of North Carolina concerning stormwater run-off as these niles and
regulations are adopted and amended from time to time. These regulations currently provide that
each Lot will be restricted to a maximum of 2,400 square feet of built -upon area within the Lot
property boundaries and that portion of the right of way between the front Lot line and the edge
25145 10

GOOK 1 7 0 0 PAGE 9 5 1
of the pavement of the adjoining street. 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. No drainage swales
or drainage patterns used to treat stomrwater run-off as required by the State of North Carolina
may be filled in, piped or changed, nor may the provisions of this Section 30 be changed or
deleted without the consent of the Declarant, its designee, and the State of North Carolina, and
such areas must be maintained as set forth herein. The State of North Carolina is hereby made a
beneficiary of this Declaration to the extent necessary to enforce its stormwater run-off
regulations, as the same may be adopted or amended from time.to time. Alteration of the
drainage as shown on the approved drainage plan may not take place without the concurrence of
the State. Any Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations. All runoff from any 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 towards the street, or grading perimeter
swales and directing them into the Stormwater Detention Pond or the street. Any Lot which
naturally drains into the permitted system is not subject to these provisions.
ARTICLE VD
ARCHITECTURAL CONTROL
1. General.
(a) Review of Plans. No structure shall be built, placed, erected, or
improvements (including staking, clearing, excavation, grading
installed upon any Lot, and no
and other site work, exterior alteration of existing improvements, and planting or removal of
landscaping materials) shall take place except in compliance with this Article and the Design
Guidelines and upon approval of the Committee as provided herein.
(b) Interior Alterations. Any Owner may remodel, paint or redecorate
the interior of a Home or Building or other structure on a Lot without approval. No approval
shall be required to repaint the exterior of a Home, Building or other structure in accordance with
the originally approved color scheme or to repair or rebuild said Home, Building, or structure in
accordance with the originally approved plans and specifications.
eclarant. This Artle shall
aply to the
activities of the Declarant, nor ttotimprovv merits to the Com on Area by oorton behalf of the
Association.
(d) Amendment to Article. This Article may not be amended without
the Declarant's written consent so long as the Declarant owns any land subject to this Declaration
or subject to annexation to this Declaration.
Architectural Review Approval.
(a) Architectural Standards Committee The Architectural Standards
Committee (herein, "Committee") as described herein, shall have responsibility for
administration of the Design Standards, as defined herein, and for review of all applications for
construction and modifications, as provided herein.
(b) Organization of Committee The Committee shall consist of at
least three, but not more than five, persons and shall have exclusive jurisdiction over all
constriction on any portion of the Property. Until 100% of the Property has been developed and
all Lots conveyed to Owners other than Builders, the Declarant retains the right to appoint all
25145 11

BOOK ' 7 0 0 PARE 9 5 2
members of the Committee who shall serve at the Declarant's discretion. Upon the expiration of
such right, the Board shall appoint the members of the Committee, who shall serve and may be
removed in the Board's discretion. The members of the Committee need not be Members of the
Association and may, but need not, include architects, engineers or similar professionals, whose
compensation, if any, shall be established from time to time by the Board.
Standards and Procedures.
(a) Design Standards. The Declarant shall prepare the initial Design
Standards and application and review procedures (the "Design Standards") which shall apply to
all construction activities within the Properties. The Design Standards may contain general
provisions applicable to all of the Properties, as well as specific provisions which vary from one
portion of the Properties to another depending upon the location, unique characteristics, and
intended use.
(b) Applicability of Standards. The Committee shall adopt such
Design Standards at its initial organizational meeting and thereafter shall have sole and full
authority to amend them subject to the approval of the Board. Any amendments to the Design
Standards shall apply to construction and modifications commenced after the date of such
amendment only and shall not apply to require modifications to or removal of structures
previously approved once the approved construction or modification has commenced.
(c) Publication of Standards. The Committee shall make the Design
Standards available to Owners and Builders who seek to engage in development or construction
within the Subdivision and all such Persons shall conduct their activities in accordance with such
Design Standards.
4. Submission of Plans and Specifications.
(a) Submission of Plans. No constriction or improvements shall be
commenced, erected, placed or maintained on any Lot, nor shall any exterior addition, change or
alteration be made thereto, until the plans and specifications ("Plans") showing site layout,
structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage,
lighting, irrigation, utility facilities layout and screening shall have been submitted to and
approved in writing by the Committee. The Design Standards shall set forth the procedure for
submission of the Plans. A reasonable fee for the review of said plans as established by the
Committee shall be required and submitted, along with said Plans and any other supporting
documents required by Committee.
(b) Review of Plans. In reviewing each submission, the Committee
may consider, among other things, visual aesthetics, natural platforms and finish grade
elevations, harmony of external design with surrounding structures and environment, and
location in the relation to surrounding structures and plant life. The Committee may require
relocation of native plants within the construction site as a condition of approval of any
submission. Location of any driveways shall be subject to the approval of the Committee.
(c) Decision on Review. The Committee shall, within 30 days after
receipt of each submission of the Plans, advise the party submitting the same in writing, at an
address specified by such party at the time of submission, of (i) the approval of Plans, or (ii) the
segments or features of the Plans which are deemed by the Committee to be inconsistent or not in
conformity with this Declaration and/or the Design Guidelines, the reasons for such finding, and
suggestions for the curing of such objections. In the event the Committee fails to advise the
submitting party by written notice within the time set forth above of either the approval or
disapproval of the Plans, approval shall be deemed to have been given. Notice shall be deemed
to have been given at the time the envelope containing such notice, properly addressed, and
25145 12

BOOK l 10 0 PAGE 9 5 3
postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return
receipt requested. Personal delivery of such written notice shall, however, be sufficient and shall
be deemed to have given at the time of delivery.
5. No Waiver of Future Approvals. Each Owner acknowledges that the
members of the Committee will change from time to time and that interpretation, application and
enforcement of the Design Guidelines may vary accordingly. Approval of proposals, plans and
specifications, or drawings for any work done or proposed, or in connection with any other
matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold
approval as to any similar proposals, plans and specifications, drawings, or other matters
subsequently or additionally submitted for approval.
6. Variance. The Committee may authorize variances from compliance with
any of its guidelines and procedures when circumstances such as topography, natural
obstructions, hardship, or aesthetic or environmental considerations require, but only in
accordance with duly adopted rules and regulations. Such variances may only be granted,
however, when unique circumstances dictate and no variance shall (a) be effective unless in
writing; (b) be contrary to this Declaration; or (c) estop the Committee from denying a variance
in other circumstances.
7. Limitation of Liability. Review and approval of any application pursuant
to this Article is made on the basis of aesthetic considerations only and the Committee shall not
bear any responsibility for ensuring the structural integrity or soundness of any approved
construction or modifications, nor for ensuring compliance with building codes and other
governmental requirements. Neither the Declarant, the Association, the Board, nor the
Committee, shall be held liable for any injury, damages, or loss arising out of the review and
approval of any application, including, but not limited to the manner or quality of construction,
defects in any plans or specifications, or deficiencies in kind or quality of materials used.
Enforcement.
(a) Nonconforming. Any structure or improvement placed or made in
violation of this Article shall be deemed to be nonconforming. Upon written request from the
Board or the Declarant, Owners shall, at their own cost and expense, remove such structure or
improvement and restore the land to substantially the same condition as existed prior to the
nonconfomring work. Should an Owner fail to remove and restore as required, the Board, the
Declarant, or its designees shall have the right to enter the Lot, remove the violation, and restore
the property to substantially the same condition as previously existed. All costs, together with
the interest at the maximum rate then allowed by law, maybe assessed against the Lot owner and
the Lot and collected as an assessment as provided herein.
(b) Exclusion from Property. Any contractor, subcontractor, agent,
employee, or other invitee of an Owner who fails to comply with the terms and provisions of this
Article and the Design Guidelines may be excluded by the Board from the Properties. In such
event, neither the Association, its officers, or directors shall be held liable to any Person for
exercising the rights granted by this paragraph.
(c) All other Remedies Applicable. In addition to the foregoing, the
Association shall have the authority and standing to pursue all legal and equitable remedies
available to enforce the provisions of this Article and the decisions of the Committee.
9. Construction Deadline. If construction does not comunence on a project for
which Plans have been approved within 6 months of such approval, such approval shall be deemed
withdrawn, and it shall be necessary for the Owner to resubmit the Plans for reconsideration.
25145 13

BOOK It 100 PAGE 9 5 4
10. Lot Clearing. No Lot may be clear cut or substantially cleared without the
written consent of the Declarant. In no event may any tree with a diameter in excess of eight (8)
inches measured at the base of the trunk at ground level be cut without the written consent of the
Declarant. Each Owner by acceptance of his deed of conveyance and the considerations contained
therein, agrees to pay as as damages to the Declarant the sum of $200.00 for each tree cut in
violation of this provision.
ARTICLE VII
EASEMENTS
1. General Utility Easement. All of the Property, including Lots and Common
Area, shall be subject to a perpetual non-exclusive easement or easements in favor of all Owners for
their use and the use of their immediate families, guests, invitees, tenants or lessees, for all proper
and normal purposes and for ingress and egress and regress in and to such easements for water
lines, sewer and waste water disposal facilities, storm drainage facilities, gas lines, telephone and
electric power lines, television antenna lines, and other public utilities as shall be established by the
Declarant or its predecessors in title prior to subjecting the Property to this Declaration. The
Association shall have the power and authority to grant and to establish in, over, upon and across
the streets and Common Area such further easements as are requisite for the convenient use and
enjoyment of the Property.
2. Easement For Emergencies. Every Lot, Home and Building shall be subject
to an easement for entry by the Association or Declarant for the purpose of correcting, repairing or
alleviating any emergency condition which arises in or upon any Common Area, any Lot, any
Home or Building on any Lot, or which endangers any Home, Building or portion of the Common
Area. Except in an emergency situation, entry shall only be during reasonable hours and after
notice to the Owner.
3. Utility Easements. Utility Easements for installation, repair, maintenance,
replacement and removal of utilities, including water meters, water mains and lines, sewer and
waste water disposal facilities, stormwater drainage facilities, and other utilities are reserved over
an area within a minimum of 10 feet from the rear, front and side Lot lines of each Lot, and also are
reserved as may be shown and designated on any recorded plat of the Subdivision.
4. Utility Management. An easement is hereby established over all Lots,
streets and Common Area for the benefit of any applicable private company or public governmental
agency for the management, inspection and reading of water meters, water mains and lines, sewer
and waste water disposal facilities, stormwater drainage facilities, and other utilities, and for the
provision of all public services, including fire fighting, law enforcement, garbage collection and
delivery of mail.
5. Easement For Future Development. An exclusive easement is hereby
established in favor of Declarant over all streets and Common Area for access to adjacent properties
for the purposes of future development and the installation of streets and public utilities.
6. Responsibility For Maintenance of Areas Subject to Utility Easements.
Neither the Association nor the Declarant shall have responsibility for maintaining the portion of
any Lots subject to a Utility Easement. Maintenance of that portion of any Lot subject to said
Utility Easement shall be the responsibility of the Owner of the Lot on which said easement d
located, its heirs, successors and assigns. No strucU.rre, planting or other material shall be placed or
is
permitted to remain which may damage or interfere with the installation and maintenance of water,
25145 14

GGGK 1 7 0 0 PAGE 9 5 5
waste water disposal, or drainage facilities, or which may change the direction of flow of drainage
in the easements. The easement area of each Lot and all improvements therein shall be maintained
continuously by the Owner of the Lot, except for those improvements for which a public authority
or utility company is responsible.
Maintenance of Easements. Utility Easements shall be maintained by the
Owner of the Lot subject to said easement as follows.
inches. (a). Grass shall be kept mowed to a height of no more than four (4)
(b) Repair and reseeding of the easement area, and cleaning of any catch
basins located within each easement shall be conducted as necessary.
(c) Inspection may be conducted by the Association at least every six (6)
months to determine compliance with these standards.
8. Easements for Cross-Draina P. Every Lot and the Common Area shall be
burdened with easements for natural drainage of storm water runoff from other portions of the
Property; provided, no Person shall alter the natural drainage on any Lot so as to materially
increase the drainage of storm water onto adjacent portions of the Property without the consent of
the Owner of the affected Property.
ARTICLE IJt
LOT MAINTENANCE
1. Lot Maintenance by Owner. If any Owner shall fail to maintain any Lot
owned by him in a manner which is reasonably neat and orderly, or shall fail to keep the Lot or any
improvements constructed thereon in a state of repair so as not to be unsanitary, unhealthy, unsafe
or unsightly, or shall fail to maintain the Utility Easements in accordance with the requirements set
out in Article VIII, herein, or shall allow, any condition constituting a nuisance on any Lot or any
improvement constructed thereon, or shall otherwise fail to comply with this Declaration, the By-
laws or the Rules and Regulations, all in the sole opinion of the Association or the Declarant, the
Association in its discretion, by the affirmative vote of a majority of the Members of the Board of
Directors, or the Declarant in its discretion, and following ten (10) days written notice to the Owner,
may enter upon and make or cause to be made repairs to such improvements and perform any
maintenance on the Lot, such as the removal of trash or debris, cutting of grass, pruning of
shrubbery, weeding, and items of drainage and erosion control, for the purpose of correcting the
identified deficiency. The Association and the Declarant shall have an easement in all Lots for the
purpose of accomplishing the foregoing. The reasonable cost incurred in rendering all such
services, plus a service charge of fifteen percent (15%) of such cost, shall be added to and become a
part of the assessment to which such Lot is subject.
ARTICLE X
COMPLIANCE AND ENFORCEMENT
1. Enforcement. The Association, the Declarant, any Owner, any aggrieved
Owner within the Subdivision on behalf of the Association, or any Owner on behalf of all the
Owners within the Subdivision, shall have the right to enforce by any proceeding at law or in
equity, all of the conditions, covenants and restrictions of this Declaration and the Articles, Bylaws
and Rules and Regulations. The prevailing party shall be entitled to collect all costs thereof,
including reasonable costs and attorney's fees.
25145
15

Bog I 10 0 PAGE 9 5 6
2. Cost Assessment. The Association shall have the right to remedy any
violation of this Declaration and assess the costs of remedying same against the responsible Owner.
3. Susnension. For any violation by an Owner, including, but not limited to,
the nonpayment of any initial capital, general or special assessment, the Association shall have the
right to suspend the responsible Owner's voting rights and the use by such Owner, his agents,
employees, licensees and invitees of the Common Areas in the Subdivision for any period during
which a violation continues, except that such penalties may not be for more than sixty (60) days for
each violation of any of the Association's rules and regulations.
4. Remedies. The remedies provided by this Article are cumulative, and are in
addition to any other remedies provided by law.
5. No Waiver. The failure of the Association, the Declarant or any person or
Owner to enforce any restriction contained in these Declaration, the Articles, the Bylaws or the
Rules and Regulations shall not be deemed a waiver of the right to do so thereafter.
ARTICLE XI
GENERAL PROVISIONS
1. 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 fill force
and effect.
2. Amendment. Except as otherwise provided herein, this Declaration may be
amended by vote of the Owners of two-thirds (2/3) of the Lots subject to the Declaration, including
any Lots within any additional property added to this Subdivision and made a part thereof in the
future; 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 granted herein or reserved unto Declarant. All such amendments shall be certified as an
official act of the Association by the Secretary thereof and shall be recorded in the Onslow County
Registry. All amendments shall become effective upon said recordation.
3. Duration. All covenants, conditions and restrictions contained in this
Declaration or in any amendments or supplements to said Declaration shall run with the land and
shall be binding on all parties owning Lots in said Subdivision for a period of twenty (20) years
from the date hereof at which time these covenants shall be automatically extended for successive
periods of ten (10) years each unless by vote of the then Owners of a majority of said Lots not under
legal disability, the Declaration is revoked or not extended.
4. Conflict. In the event of any irreconcilable conflict between the Declaration
and the By-laws of the Association, the provisions of the Declaration shall control. In the event of
any irreconcilable conflict between the Declaration or the By-laws of the Association and the
Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall
control.
5. Delegation of Rights. The Declarant may from time to time delegate any or
all of its rights, powers, discretion and duties hereunder to such agent or agents as it may nominate.
It may also permanently assign any or all of its powers and duties (including discretionary powers
and duties) obligations, rights, title, easements and estates reserved to it by this Declaration, to any
one or more corporations, associations, or persons that will accept the same. Any such agreement
shall be in writing recorded among the land records of Onslow County, and the assignee shall join
therein for the purpose of evidencing its acceptance of the same, and such assignee shall thereupon
25145 16

006K 17 0 0 PAGE 9 51
have the same rights, title, powers, obligations, discretion and duties as are herein reserved to the
Declarant, and the Declarant shall thereupon be released therefrom.
IN TESTIMONY WHEREOF, IST WILMINGTON PROPERTIES, the Declarant,
has caused this instrument to be signed in its name by its General Partner, this /4" day of
—, 2001.
1ST WILMINGTON PROPERTIES
By: (SEAL)
General
25145 17

BGGK 1 10 0 PAGE 9 5 8
STATE OF NORTH CAROLNA
NEW HANOVER COUNTY
1„"ro pol— A �[� , a Notary Public in and for the State
and County aforesaid, do certify that roAcsl p, Y g"eheral partners of I" WILMNGTON
PROPERTIES, a North Carolina general partnership, personally appeared before me this day and,
on behalf and as the act of said partnership, acknowledged the due execution of the foregoing
instrument
WITNESS my hand and official seal this /'/ day of, 2001.
25145 18

BOOK 1 7 0 0 PAGE 9 5 9
CONSENT ON MORTGAGEE
Wachovia Bank, N. A., a National Banking Association, is the holder of that certain
Deed of Trust on the property as described in the foregoing Declaration of Covenants, Conditions
and Restrictions for Ashcroft At The Commons, Phase 1, said Deed of Trust having been recorded
in Book 1590, at Page 724 in the Office of the Register of Deeds of Onslow County, North Carolina
and as holder of said Deed of Trust does hereby consent to the terms, conditions and covenants in
the foregoing Declaration and agrees that the lien of said Deed of Trust is subject to the terns,
conditions and covenants contained in said Declaration.
Wachovia Bank, N. A. has requested New Salem, Inc., the Trustee named in said
deed of trust, to consent to the terms, conditions and covenants in the foregoing Declaration, and
said Trustee has agreed to execute this Consent of Mortgagee to evidence said consent.
In witness whereof, Wachovia Bank, N. A. and New Salem, Inc., Trustee, have each
caused this Consent of Mortgagee to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, this the (off day of
q4 p, y c- , 2001.
WACHOVIA BANK, N. A.
I OFF,! WHIN
NEW SALEDM�, INC. /j ,p, �/
By: (/" , Wr��(Ju�C��UI
J_e_ Presi nt
7937

BOOK ! 10 0 661960
r
STATE OF NOrrrcnicv�HdPc
Che5(1ppkyaIC�
COUNTY OF NE-W-M-ANOVER
0 vct. t,
11 f it ! ' , >on�f
that he/she is the
corporation, and that he/she as
foregoing on behalf of the corporation.
2001 l.." P 20 Fri 12: 28
_, Notary Public, certify that
onally cam before before lrlr}J� this day and acknowledged
of ( ,( )/ /-Krvr a /J a n C, qv C1- , a
to do so,
Witness my hand and official seal this the —0 day of L& (o; 0C -
��4�. � `4 '• ,'try
tary Publ' ---
My Commission Expires: 3 I I tq
lei / /'rui.u_
STATE OF NOWFH-GAROLINA
r�
t !kPSQ ejo /Lt=
COUNTY OF NEW+bddgg6
r
Notary Public, cell
1v came before me
that y
�y and acknowled
c,4 . . a
corporation, and that he/she as ; being authorized to do so, executed the
foregoing on behalf of the corporation.
�
Witness my hand and official seal this the dayof of �C a >.-er lL ,
My Commission
NORTH CAROLINA, ONsLow Courrrr DEBRA WILLIAMSON PETERSON & KELLI J. R. CRAIG
The foregoing certificate(s) of
Not"ies) Public is (ere) certified to be correct. This instrument was, presented for registration and recorded in this office in
Book 1700 Page 941 This 20TN dry of APRIL
2001 .D., at 12.28 o`clock P • M.
_1 - ai!,� By .
Cw.y ayuir• ID.rm

Mar-31-2005 10:26am
From-MURCHISON TAYLOR ATTY
[phone]
1-641 rAUZIUM r—uuo
SUPPLEMENTAL DECLARATION OF COVENANTS CONDITIONS AND
RESTRICTIONS FOR ASHCROFT AT THE COMMONS PHASE 11
Prepared by: Murchison, 'Taylor & Gibson, PLLC
16 North Fifth Avenue
Wilmington, NC 28401
WHEREAS, I8T WILMINGTON PROPERTIES (herein "Declarant"), a North
Carolina general partnership, is the owner and developer of certain real property in Onslow
County, North Carolina, known generally as Ashcroft at the Commons, Phase I;
AND WHEREAS, Declarant is the fee simple owner of certain real property located
in Onslow County, North Carolina, as shown on a plat entitled ASHCROFT AT THE COMMONS
PHASE 11, recorded in Map Cabinet 45 at Page 202 of the Onslow County Register of Deeds
(herein "Property') and desires to create a residential community consisting of single-family
residential dwellings to be known as ASHCROFT AT THE COMMONS, PHASE 11 (herein
"ASHCROFT AT THE COMMONS'D, and further desires that the Property be used, developed
and maintained and managed for the benefit and welfare of ASHCROFT AT THE COMMONS
and all owners of Property located therein,
AND WHEREAS, the Declarant desires to provide for the preservation of the
property values and the desirability and allractiveness of the Property and for the continued
maintenance of the landscaping of Common Area and yards in the community; and the Declarant
has deemed it desirable for the efficient preservation of the values and the maintenance and
operation of the recreational facilities and Common Area that certain covenants, conditions,
easements, assessments, liens and restrictions governing the use and occupancy of the Property be
established and declared to be covenants running with the land.
AND WHEREAS, Declarant has previously executed and recorded the Declaration
of Covenants, Conditions and Restrictions for ASHCROFT AT THE COMMONS, PHASE I in
Book 1700, Page 941, in the Onslow County Registry (herein "Declaration'), which contains
covenants, conditions and restrictions applicable to all property within the subdivision known as
ASHCROFT AT THE COMMONS.
46969

Mar-31-2005 10:26am From-IAORCHI SON 7AYLOR ATTY
[phone]-u41 r.uuniuui r-uuu
AND WHEREAS, pursuant to the provisions of Article XI, Section 2 of the
Declaration, the Declarant has the right to annex property and make it subject to the Declaration;
AND WHEREAS, Declarant desires to add the Property described herein to the
subdivision known as ASHCROFT AT THE COMMONS, PHASE II and subject the real
property described herein to the Declaration and to this Supplemental Declaration of Covenants,
Conditions and Restrictions for ASHCROFT AT THE COMMONS, (herein "Supplemental
Declaration") which contains covenants, conditions and restrictions applicable only to the real
property known as and described herein as ASHCROFT AT THE COMMONS, PHASE II.
NOW, THEREFORE, in consideration of the premises, the Declarant declares
that all of the Property is and shall be held, transferred, sold, conveyed, occupied, and used
subject to the restrictions and matters set forth in the Declaration and in this Supplemental
Declaration, said Declaration and Supplemental Declaration to be construed as covenants
running with the land which shall be binding on all parties having or acquiring any right, title or
interest in the described property, or any part thereof; and which shall inure to the benefit of each
owner thereof, for and during the time herein specified. Every party hereafter acquiring any Lot,
or portion thereof, in the above -described properties, by acceptance of a deed conveying title
thereto or by execution of a contract for the purchase thereof, whether from the Declarant or a
subsequent owner of such Lot, shall accept such deed or contract subject to each and all of the
covenants, restrictions and agreements contained in the Declaration and these Supplemental
Declarations, as well as any additions or amendments hereto, and also subject to the jurisdiction,
rights and powers of the Declarant, the Association, as hereinafter specified, and their successors
and assigns. Each grantee of any Lot subject to this Supplemental Declaration by accepting the
deed or contract thereto, shall for himself, his heirs, personal representatives, successors and
assigns, covenant, consent and agree to and with the Declarant, the Association, and with
grantees and subsequent owners of each of the Lots within ASHCROFT AT THE COMMONS,
PHASE II to keep, observe, comply with and perform said Declaration, this Supplemental
Declaration, and any amendments thereto.
ARTICLE I
DEFINITIONS
The Declarant adopts the definitions of terms as set out in the Declaration, except as
specifically modified or changed by this Supplemental Declaration. The following definitions
shall apply for purposes of this Supplemental Declaration:
1. "Property" as used in this Supplemental Declaration shall refer to the real
property herein described.
2. "Owner" shall mean one or more persons or entities which hold the record title
to any Lot within ASHCROFT AT THE COMMONS, PHASE B.
43476 2

Mar-31-2005 10:27am From-MURCHISON TAYLOR ATTY
+9101b3b"I 1-04, uo
ARTICLE II
ANNEXATION OF ADDITIONAL PROPERTIES
Pursuant to the provisions of Article II of the Declaration, the Declarant hereby
annexes to the Subdivision the Property described herein, and subjects the Property to, and
adopts by reference, as if fully set out herein, all provisions of the Declaration and any
supplements or amendments thereto, except as otherwise specifically set out herein.
ARTICLE III
USE RESTRICITONS
With regard to the Property described herein, the Declarant adopts the use restrictions
contained in Article VI of the Declaration.
ARTICLE IV
ADDITIONAL PROVISIONS
1. Amendment. The covenants and restrictions of this Supplemental
Declaration may be amended as provided in the Declaration.
43476

Mar-31-2005 10:2783 From-MURCHISON TAYLOR ATTY [phone] I-H41 Y. UU]/UUI
This the SZ day of 2004
DECLARANT
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IsT WILMINGTON PROPERTIES
1, Linz, &_)kl6c,",Wq , a Notary Public of the State and
roux
County aforesaid, certify that Ernest D. Hackney, Jr. personally came before me this day and
acknowledged that he is the General Partner of I ST WILMINGTON PROPERTIES, a North
Carolina general partnership with its principal office in New Hanover County, and that by authority
duly given , the foregoing instrument was signed in its name by its General Partner on behalf of the
general partnership.
WITNESS my hand and official seal this —day of
2004.
_ Cl��J C.C./ `��k�.�✓-�
Notary Public
My Commission Expires:
/a _ 14-0 4
43476 4

kar31-2005 10:2Bam From-WRCHISON TAYLOR ATTY
f9107636561 T-041 F.uueiuul r-oue
CONSENT OF MORTGAGEE
WACHOVIA BANK, N. A., of Wilmington, North Carolina, is the holder of that certain Deeds of
Trost on the property as described in the foregoing Supplemental Declaration of Covenants,
Conditions and Restrictions for ASHCROFT AT THE COMMONS, PHASE 2, said Deeds of
Trust having been filed in Book 1590 at Page 724, and Book 1760, Page 500 in the Office of the
Register of Deeds of New Hanover County, and as holder of said Deed of Trust does hereby
consent to the terms, conditions and covenants in the foregoing Supplemental Declaration and
agrees that the lien of said Deed of Trust is subject to the terms, conditions and covenants contained
in said Declaration and Supplemental Declaration.
In witness whereof, WACHOVIA BANK, N. A. and Trustee
have caused this Consent of Mortgagee to be signed in their names by their duly authorized officers
and th it seats to be hereunto affixed by authority of their Board of Directors, this the day of
2004. •••N us 1118%
%•
.W_ V-......--
WACHOVIA BANK, N. A.
ViLC Z President
aul elulBrlA Jo wel¢g MaN Due "out ,wales m9N oT ''�asnsssus
Jse3eJuJ at ross000ns "0ul'31S81 Aq Dainaare S!.JHewlls s
�R��E, INC.
A
&'eStAN&m, Inc.)
ZL
"This document Is executed by THSTE, Inc., successor in intsf9iJ
to New Salem, Jnc,, and Naw Salo® of pgiNa, Jac"
43476

F-094
Jan-24-2006 05:09PM
C
From-MURCHISON TAYLOR ATTY
pq'I�IYwI�I +9'11OT63pn6II5I61 IIIII IpryIgIN T-21I6I P.001
WNtI INn � � 1811 � IIX III ��I Atl1I�l Xm IIIII (IIII II� IPo
Doc ID: 000708660006 Two: GRP
Recorded: 09/08/2005 at 12:18:28 PM
Fee Amt: $29.00 Page 1 of 6
Onsloa Countv, NC
Mildred M Thomas Register of Deeds
w2517 Pa459-464
SUPPLEMENTAL DECLARATION OF COVENANTS CONDITIONS AND
RESTRICTIONS FOR ASHCROFT PHASE III
Prepared by: Murchison, Taylor & Gibson, PLLC
16 North Fifth Avenue
Wilmington, NC 28401
WHEREAS,1sy WILMINGTON PROPERTIES (herein "Declarant"), a North
Carolina general partnership, was the owner of certain real property in Onslow County, North
Carolina, and is the developer of said property as a residential subdivision known generally as
Ashcroft at the Commons, Phase I and Ashcroft at the Commons, Phase II;
AND WHEREAS, Declarant is the fee simple owner of certain additional real
property located in Onslow County, North Carolina, as shown on a plat recorded in Map Cabinet 49
at Page 9 of the Onslow County Register of Deeds (herein the "Property") and desires to create a
residential community consisting of single-family residential dwellings to be added to Ashcroft at
the Commons, Phase I and Ashcroft at the Commons, Phase 11, and which is to be known as
Ashcroft at the Commons, Phase III (herein "Ashcroft, Phase 111"). Ashcroft at the Commons,
Phase I, Ashcroft at the Commons, Phase II and Ashcroft at the Commons, Phase III, are herein
collectively called the "Subdivision". Declarant further desires that the Property be used, developed
and maintained and managed for the benefit and welfare of the Subdivision and all owners of
property located in the Subdivision;
AND WHEREAS, the Declarant desires to provide for the preservation of the
property values and the desirability and attractiveness of the property within the Subdivision and for
the continued maintenance of the landscaping of Common Area and yards in the Subdivision; and
the Declarant has deemed it desirable for the efficient preservation of the values and the
maintenance and operation of the Subdivision and the Common Area that certain covenants,
conditions, easements, assessments, liens and restrictions governing the use and occupancy of the
Property be established and declared to be covenants running with the land.
AND WHEREAS, Declarant has previously executed and recorded the Declaration
of Covenants, Conditions and Restrictions for Ashcroft, Phase I, in Book 1700, Page 941, in the
Onslow County Registry (herein "Declaration'l, and Declarant has previously executed and
recorded the Supplemental Declaration of Covenants, Conditions and Restrictions for Ashcroft,
46969

Jan-24-2006 05:09om From-MURCHISON TAYLOR ATTY [phone] T-216 P.002 F-094
Phase II in Book 2192, Page 485, in the Onslow County Registry (herein "Supplemental
Declaration) which contain covenants, conditions and restrictions applicable to the property
described therein;
AND WHEREAS, pursuant to the provisions of Article II, Section 2 of the
Declaration, the Declarant has the right to annex property and make it subject to the Declaration;
AND WHEREAS, Declarant desires to add the Property described herein to the
Subdivision and subject the Property described herein to the Declaration and to this
Supplemental Declaration of Covenants, Conditions and Restrictions for Ashcroft, Phase III,
(herein "Phase III Supplemental Declaration") which contains covenants, conditions and
restrictions applicable only to the real property known as and described herein as Ashcroft, Phase
Ill.
NOW, THEREFORE, in consideration of the premises, the Declarant declares
that all of the Property is and shall be held, transferred, sold, conveyed, occupied, and used
subject to the restrictions and matters set forth in the Declaration and in this Phase III
Supplemental Declaration, said Declaration and Phase III Supplemental Declaration to be
construed as covenants running with the land which shall be binding on all parties having or
acquiring any right, title or interest in the described property, or any part thereof; and which shall
inure to the benefit of each owner thereof, for and during the time herein specified. Every party
hereafter acquiring any I.ot, or portion thereof, in the above -described Property, by acceptance of
a deed conveying title thereto or by execution of a contract for the purchase thereof, whether
from the Declarant or a subsequent owner of such Lot, shall accept such deed or contract subject
to the Declaration and this Phase III Supplemental Declaration, as well as any additions or
amendments hereto, and also subject to the jurisdiction, rights and powers of the Declarant, the
Association, and their successors and assigns. Each grantee of any Lot subject to this Phase III
Supplemental Declaration, by accepting the deed or contract thereto, shall for himself, his heirs,
personal representatives, successors and assigns, covenant, consent and agree to and with the
Declarant, the Association, and with grantees and subsequent Owners of each of the Lots within
the Subdivision, to keep, observe, comply with and perform said Declaration, this Phase III
Supplemental Declaration, and any amendments thereto.
ARTICLE I
The Declarant adopts the definitions of terms as set out in the Declaration, except as
specifically modified or changed by this Phase III Supplemental Declaration. The following
definitions shall apply for purposes of this Supplemental Declaration:
1. "Property" as used in this Supplemental Declaration shall refer to the real
property herein described.
46969 2

Jan-24-2006 05:I0PM From-MURCHISON TAYLOR ATTY
[phone] T-216 P.003/006 F-094
ARTICLE II
ANNEXATION OF ADDITIONAL PROPERTIES
Pursuant to the provisions of Article II of the Declaration, the Declarant hereby
annexes to the Subdivision the Property described herein, and subjects the Property to, and
adopts by reference, as if fully set out herein, all provisions of the Declaration and this Phase III
Supplemental Declaration and any supplements or amendments thereto.
ARTICLE III
USE RESTRICITONS
With regard to the Property described herein, the Declarant specifically adopts the use
restrictions contained in Article VI of the Declaration.
ARTICLE IV
ADDITIONAL PROVISIONS
1. Amendment. The covenants and restrictions of this Supplemental Declaration
may be amended as provided in the Declaration.
This the is d y of 2005
DECLARANT 1ST WILMINGTON PROPERTIES
46969

Jan-24-2006 05:10pm From-MURCHISON TAYLOR ATTY
[phone] T-216 P.004/006 F-094
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, 0, T"/ /I a Notary Public of the State and
County aforesaid, certify that Ernest D. Hackney, Jr. personally came before me this day and
acknowledged that he is the General Partner of 1s" WILMINGTON PROPERTIES, a North
Carolina general partnership with its principal office in New Hanover County, and that by authority
duly given, the foregoing instrument was signed in its name by its General Partner on behalf of the
general partnership.
WITNESS my hand and official seal this G day of ,
2005.
Notary Public
My Commission Expires: �ttt,,,,ntu„ay
a° C�� W A •�
`i 2; �NOTq • 1.0
4.�Lti. eUC
46969 4

Jan-24-2006 05:I0pm From-MURCHISON TAYLOR ATTY [phone] T-216 P.005/006 F-094
CONSENT OF MORTGAGEE
WACHOVIA BANK, N. A., of Wilmington, North Carolina, is the holder of that certain
Deeds of Trust on the property as described in the foregoing Supplemental Declaration of
Covenants, Conditions and Restrictions for Ashcroft, Phase 111, said Deeds of Trust having been
filed in Book 1590 at Page 724, and Book 1760, Page 500 in the Office of the Register of Deeds of
New Hanover County, and as holder of said Deed of Trust does hereby consent to the terms,
conditions and covenants in the foregoing Supplemental Declaration and agrees that the lien of said
Deed of Trust is subject to the terms, conditions and covenants contained in said Supplemental
Declaration
In witness whereof, WACHOVIA BANK, N. A. and SALEM TRUST, as Trustee have
caused this Consent of Mortgagee to be signed in their names by their duly authorized officers and
their s Is to a hereunto affixed by authority of their Board of Directors, this the _ day of
2005.
WAC1i0VIA
�TRRSTE, INC.
ue sor' interest Salem, Inc.)
By:
President
46969

Jan-24-2006 05:IIpm From-MURCHISON TAYLOR ATTY [phone] T-216 P.006/006 F-094
STATE OF VIRGINIA
CITY OF CHESAPEAKE
I, Gail D. Kampman, a Notary Public of the State and County aforesaid, certify that
Kelli J.R. Craig personally came before me this day and acknowledged that he/she is Assitant Vice
President of Wachovia Bank, N.A., and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its Assistant Vice President
WITNESS my hand and official seal this 6th day of September, 2005.
My Commission Expires:
March 31, 2007
STATE OF VIRGINIA
CITY OF CHESAPEAKE
I, Gail D. Kampman, a Notary Public of the State and County aforesaid, certify that
Kelli J.R. Craig personally came before me this day and acknowledged that he/she is Vice President
of TRSTE, Inc. (successor in interest to New Salem, Inc.), and that by authority duly given and as
the act of the corporation, the foregoing instrument was signed in its name by its Vice President.
WITNESS my hand and official seal this 6th day of September, 2005.
My Commission Expires:
March 31, 2007
Notary Public
�4 k �L
NORTH egoing cer ONSLOw COUNTY CAI D
The foregoing certificates) of �l f a.vr
is/are certified to be correct. This instrument and this certificate are duly registered at the date and
time a d in thfj Bo� and Page sh ``'j�J'n the first page hereof.
�.P�_fLO ._i AM �tf.4=Ada � 2 Register of Deeds for Onslow County
, I' I — Deputy/Assistant-Register of Deeds

iNe er611en Mot them,
the Oeelow Ce,nl the l' Il l,ru. '\l l�!'v, nr mate lnwcit which
Y ha nren lien
\
Pemel IJeNigallon N
This Is P01,C[YIIIICAIil11l!xl lLf) Ifn t_—
e Ihiv der e!'pl nn, S ll 1` -A "i`.; Ii GCPifuP N..... t
Z)/
,_ , / Dui•.
This deed presented to
Th On 1 % Co Ta Office SPECIAL WARRANTY DEED
Da C lerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDOCIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded: 09/26/200700at T04:44:24 PM
Fee Amt: $23.00 Page I of 4
Excise Tax: $o.00
Onslou County, NC
Maryland K. Washington Reg, of Deeds
BK2952 PG318-321
Prepared by: MURCHISON, TAYLOR, & GIBSON, P.L.L.C.
16 North Fifth Avenue, Wilmington, NC 28401
NOTE: WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO
EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE
PROPERTY.
345K 78;
No Revenue Stamps Tax Parcel Nos. 345K 169 & 345K 189
THIS SPECIAL WARRANTY DEED, made this day of October, 2005,
by and between Isr WILMINGTON PROPERTIES, a North Carolina general partnership with
its principal place of business in New Hanover County, North Carolina, herein, whether one or
more, called GRANTOR, and ASHCROFT AT THE COMMONS FAgef Nf VY OWNERS'
ui , Wilmington, NC
ASSOCIATION, INC. whose address is Century 21 Sweyer, 1630 Mjlitary Cutoff Rd,
whether one or more, called GRANTEE. The designation Grantor and
Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall
include the singular, plural, masculine, feminine or neuter as required by the context.
WITNESSETH THAT:
WHEREAS, ASSIGNOR is the Declarant named in the Declaration of Covenants,
Conditions and Restrictions For Ashcroft at the Commons recorded in Book 1700, Page 941,
Onslow County Registry, as amended (herein, "Declaration");
AND WHEREAS, the Declaration provides that upon the happening of certain
events, the Declarant will convey to the GRANTEE fee simple title to any of the property subject to
the Declaration which is to be designated as Common Area, upon condition that such area be
designated as Common Area and shall be for the sole and exclusive use of the and benefit of the
Members, so long as such area is maintained in conformity with the requirements of the
Declaration;
56656

AND WHEREAS, ASSIGNOR desires to convey to the GRANTEE the Property
described herein;
NOW THEREFORE, the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and for other good and valuable consideration in hand paid by the Grantee, the
receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby
bargain, sell and convey unto Grantee and its successors and assigns forever, in fee simple, all that
certain real property and appurtenances thereto, located in Onslow County, North Carolina, as
described on Exhibit A attached hereto and incorporated herein by reference, together with all
structures, buildings, parking areas, landscaping, fixtures and other Property improvements
placed, constructed, installed or situated on such Property (collectively, the "Property").
The Property described herein is hereby designated as Common Area, pursuant to
the provisions of the Declaration, and shall be for the sole and exclusive use of the and benefit of the
Members of the GRANTEE;
TO HAVE AND TO HOLD the above granted and described Property, together
with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto
belonging, or in anywise appertaining unto the Grantee, its successors and assigns, in fee simple,
forever.
And the Grantor, for itself and its successors and assigns, does covenant to and
with the said Grantee and its successors and assigns that Grantor has done nothing to impair such
title to the property described herein as Grantor received, and Grantor will warrant and defend
title to same against the lawful claims of all persons claiming by, under or through Grantor or its
successors or assigns.
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand as of the
clay and year first above written.
Isr WILMINGTON PROPERTIES
13
Name: Ernest D. HackniCv, Jr.
Title: General Partner

EXIiIB1T A TO SPECIAL WARRANTY DEED
TRACT 1:
Being all of that tract designated as "Common Area (Stormwater Detention Pond)" as shown on
final plat entitled "Phase 1 Ashcroft at the Commons" recorded in Map Book 41, Page 18,
Onslow County Registry.
Subject to drainage and utility easement recorded in Book Deed Book 1236, Page 351, Onslow
County Registry.
Also Subject to Declaration of Covenants and Restrictions for Ashcroft at the Commons, Phase 1
recorded in Book 1700, Page 941, Onslow County Registry and any amendments thereto; and all
casements, rights of way and restrictions of record, all governmental land use statutes,
ordinances and regulations, including zoning, subdivision and building regulations, and ad
valorem taxes for current and subsequent years.
TRACT 2:
Being all of that tract designated as "Open Space Stormwater Detention Pond 42 0.65 Acre
(Common Area)" as shown on final plat entitled "Phase 11 Ashcroft at the Commons" recorded
in Map Book 45, Page 202, Onslow County Registry.
Subject to Declaration of Covenants and Restrictions for Ashcroft at the Commons, Phase I
recorded in Book 1700, Page 941, Onslow County Registry, the Supplemental Declaration of
Covenants, Conditions and Restrictions for Ashcroft at the Commons, Phase II recorded in Book
2192, page 485, Onslow County Registry, and any amendments thereto; and all easements,
rights of way and restrictions of record, all governmental land use statutes, ordinances and
regulations, including zoning, subdivision and building regulations, and ad valorem taxes for
current and subsequent years.

STATE OF �1 % e��� ,
COUNTY OF(J9& uoAJ
I, dhk 0- P � �( 5—o a Notary Public in and for the State and County
aforesaid, do certify that flrvr}. Z h6&.°If&sonally appeared before me this day and
acknowledged that he/she is the General Partner of I" Wilmington Properties, a North Carolina
general partnership, and that by authority duly given, the foregoing instrument was signed by its
general partner on behalf of the general partnership.
WITNESS my hand and official seal thi*l day of D , 2005.
Notary Public
My Commission Expires:
/ 0 - I1 -D(.(
"Nf)O
O

Doc ID: 004071930003 Type: CRP
Recorded: 09/26/2007 at 04:46:52 PM
Fee Amt: $20.00 Page 1 of 3
OnsloW County, NC
Maryland K. Washington Rep. of Deeds
SK2952 PG322-324
ASSIGNMENT AND ASSUMPTION OF DECLARANT'S RIGHTS
THIS ASSIGNMENT AND ASSUMPjION OF DECLARANT'S RIGHTS
("Assignment and Assumption") made this—,,, day of ne-,dc)L e r , 2005, by and between I s�
WILMINGTON PROPERTIES, a North Carolina general partnership ("ASSIGNOR"), and
ASHCROFT AT THE COMMONS PROPERTY OWNERS' ASSOCIATION, INC. a
nonprofit corporation organized and existing under the laws of the state of North Carolina
("ASSIGNEE").
WITNESSE'fH:
WHEREAS, ASSIGNOR is the Declarant named in the Declaration of Covenants,
Conditions and Restrictions For Ashcroft at the Commons, Phase I recorded in Book 1700 Page
941, Onslow County Registry, the Supplemental Declaration of Covenants, Conditions and
Restrictions for Ashcroft at the Commons, Phase I1 recorded in Book 2192, page 485, Onslow
County Registry, and the Supplemental Declaration of Covenants, Conditions and Restrictions
for Ashcroft at the Commons, Phase III recorded in Book 2517, page 459, Onslow County
Registry as amended (herein, collectively called the "Declaration");
AND WHEREAS, ASSIGNOR possesses certain rights, duties, benefits and
obligations as described in the Declaration (herein, "Declarant's Rights and Duties") relating to the
Ashcroft at the Commons Subdivision (herein, the "Property");
AND WHEREAS, the Declaration provides that upon the happening of certain
events, the Declarant's Rights and Duties are to be transferred to and assumed by ASSIGNEE;
AND WHEREAS, ASSIGNOR has agreed to assign to ASSIGNEE the
ASSIGNOR's rights and duties relating to the Property under the Declaration; and ASSIGNEE has
agreed to accept ASSIGNOR's rights and to assume ASSIGNOR's duties and obligations
thereunder, and to perform the duties of the ASSIGNOR thereunder;
NOW, THEREFORE, for good and valuable considerations, the receipt and
adequacy of which are hereby acknowledged, the parties agree as follows:
1. ASSIGNOR hereby grants, transfers and assigns unto ASSIGNEE, its
successors and assigns, all of the Declarants's Rights and Duties, including any and all right, title

1
and interest of ASSIGNOR in any easements in or across the Property reserved to and exercisable
by the Declarant as set forth in the Declaration or otherwise, and any and all rights and obligations
of the ASSIGNOR as the Declarant under the Declaration;
2. ASSIGNEE hereby assumes and agrees to perform all rights, benefits,
covenants, duties and obligations of ASSIGNOR under the Declaration, subject to the terms of this
Assignment and Assumption.
3. ASSIGNOR represents and warrants that it has made no other assignment of
any of its rights under the Declaration to any other person or entity and that ASSIGNOR is not in
default under any of the provisions of any of the Declaration.
4. This Assignment and Assumption specifically does not include any rights
of ASSIGNOR to vote its ownership interest as it pertains to any lot(s) it may own in Ashcroft at
the Commons Subdivision.
5. The ASSIGNEE hereby indemnifies and holds the ASSIGNOR harmless
from any claims or damage incurred by the ASSIGNOR as a result of any default by the
ASSIGNEE of its obligations under the terms of this Assignment and Assumption.
6. This Assignment and Assumption shall inure to the benefit of and be binding
upon the parties hereto and their successors and assigns.
7. This Assignment and Assumption shall be governed by and construed in all
respects under the laws of the State of North Carolina.
IN WITNESS WHEREOF, this Assignment and Assumption has been executed on
behalf of the parties by their duly authorized officers the day and year first above written.
ASSIGNOR: Isr WILMINGTON PROPERTIES ,
g (SEAL)
Name: 'rnest D. H, kn , r.
Title: General Partner
ASSIGNEE: ASHCROFT AT THE COMMONS PROPERTY
OWNERS' ASSOCIATION, INC.
I3y, / (SEAL)
Name: Ernest D. Hackney. Jr.
Title: General Partner

STATE OF NORTH CAROLINA
COUNTY OF
I, JJi4/c, Le). ";- a Notary Public for said County and
State, do hereby certify that 6exesf- % A e�eral Partner of ASHCROFT
AT TFIE COMMONS PROPERTY OWNERS' ASSOCIATION, INC., a North Carolina nonprofit
corporation, personally appeared before me this day and acknowledged the due execution of the
foregoing instrument on behalf of the corporation.
ESS my hand and official stamp or seal, this o28 day of
CJtSV� tl�J , 2005.
My Commission Expires:
/D-/j-<7('
STATE OF NORTH
COUNTY OF
y: d a
w:
leo
r •. O�y
bbB30•
•rQ.�.
?`'a
_e J
Notary Public
I, 6). t-. d a Notary Public in and fRr the State
and County aforesaid, do certify that fr .8�e �. , r-S",ae Ybf(a ar of
Ise WILMINGTON PROPERTIES a North Carolina general partnership, personally appeared
before me this day and, acknowledged the due execution of the foregoing instrument on behalf of
the general partnership.
WITNESS my hand and official seal this 6tS day of 2005.
Notary Public
My Commission Expires:
/o -N-o(o
,•,�' I.1N0o
w
1Yt 6epNo.:3
of a •....... •��';
bb930 ,.•,