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HomeMy WebLinkAboutWQ0000819_Application_20230419Plantation Harbor Property Owners Association 200 Antebellum Drive, Newport, NC 28532 March 20, 2023 North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting section Non -Discharge permitting unit Attn: Nathaniel Thornburg 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Non -Discharge System renewal Application Package - WQ0000819 Dear Mr. Thornburg Plantation Harbor property Owners Association, Inc. wishes to renew our Wastewater Irrigation System Permit WQ0000819 & hereby submits our Non -Discharge Application Package. Please find enclosed completed renewal application with all associated documentation. Additionally, as requested and provided in the existing permit, we have enclosed the prior 12 months of daily and average flow rates to our system that supports and proves we remain well under our approved flowrate of 80 GPD/bedroom/month. Our build out rate remains low as we currently have 39 active connections as to compared to our permit authorized 332 connections. We look forward to working with you or your staff on the renewal process. Please let me know if there is additional information needed. As always, thank you for your time and the welcomed assistance from your staff. I am directly available by phone, 252-723-0101 or email, HSCS- Environmental @ec.rr.com Sincerely, Kevin Mullineaux ORC Plantation Harbor Property Owners Association 200 Antebellum Drive, Havelock, NC 28532 www.plantationharbor.org phpoaboard@gmail.com 252-447-4261 March 24, 2023 North Carolina Department of Environmental Quality Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Permit No. WQ0000819 Appointment Letter To Whom It May Concern: I, Janice R. Provost, Treasurer of Plantation Harbor Property Owner's Association, due appoint Croft Register, Sewer Committee Chairman, as a Signature Authority for the Plantation Harbor Wastewater Irrigation System, Permit Number WQ0000819. J 'cc Provost easurer RZ�)4& Plantation Harbor PDX, Inc. cc: PHPOA Officers Kevin Mullineaux, ORC for Permit #WQ0000819 Croft kegaister Sewer Committee Chairman Plantation Harbor PDX, Inc State of North Carolina Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .0500 — WASTEWATER IItRIGATION SYSTEM — RENEWAL FORM: WWIS-R 02-21 Pursuant to I5A NCAC 02T .01071b), if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02T .0500, and Division Policies. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) file to his://edocs.dea.ne.eov/Forms/NonDischaree-Branch-Submittal. Form -Vert, or emailed to Non-Dischar4e.Report- _ denr.gov if less than 20 megabytes (MB). SECTION I — APPLICANT INFORMATION 1. Applicant: Plantation Harbor Waste Treatment Facility 2. Permit No.: WQ00819 3. Signature authority: Croft register Title: Director Phone number: (609) 328-9694 Select Email: register.cr57@gmail.com 4. Mailing address: 200 Antebellum City: Havelock State: NC Zip: 28532- 5. Contact person: Kevin Mullineaux Email: HSCS-Environmental@ec.rr.com Primary phone number: (252) 723-0101 Cell Secondary phone number: (252) 723-0101 Cell SECTION II — FACILITY INFORMATION 1. Physical address: 200 Antebellum County: Craven Parcel No.: 5-013-4-008-B City: Havelock State: NC Zip: 28532- 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 34.881098' Longitude:-76.750681 ° Method: Map interpretation by extraction SECTION III — FLOW INFORMATION 1. Permitted flow: 79710 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 79710 GPD (The maximum allowable flow based on what has been constructed) 3. Average flow: 4823 GPD (The average of all reported flows on the previous calendar year's NDMRs) 4. Hydraulic capacity: 6 % (Divide the average flow in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial: 0 % Stormwater: 0 % SECTION IV — BILLING INFORMATION 1. Billing address: 200 Antebellum City: Havelock State: NC Zip: 28532- 2. Verify the Applicant does not have any overdue annual fees: htt s://d .nc. ,,ov/aboutldivisions/water-resources/water-resources- ermits/w -e at ments Pursuant to 15A NCAC 02T .0 1200, permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: WWIS-R 02-21 Page 1 of 6 SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION 1. ORC: Kevin Mullineaux Grade: IV Certification No.: 10708 Mailing address: P.O. Box 317 City: Havelock State: NC Zip: 28532- Phone number: (252) 723-0101 Cell Email: HSCS-Environmental@ec.rr.com 2. Back -Up ORC: Austin mullineaux Mailing address: 200 Antebellum City: Havelock Phone number: (252) 723-0101 Cell Grade: I Certification No.: 1002074 State: NC Zip: 28532- Email: HSCS-Environmental@ec.rr.com SECTION VI — OPEN -ATMOSPHERE STRUCTURES 1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude Treatment 5-013-4-008-B 2,600,000 Full, clay 5 34.880310-76.752770 Treatment/Storage 5-013-4-008-B 3,800,000 Full, clay 5 34.880570-76.752740 Select Select 0- ° Select Select 0- ° SECTION VII -- RELATED PERMITS 1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Sewer WQ0000819 NPDES Select Select Select Select Select Select SECTION VIH — MONITORING WELLS 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude 1 5-013-4-012-C Inactive Upgradient Outside Compliance Boundary 34.88050' -76.75289° 2 5-013-4-007 Inactive Cross gradient Outside Compliance Boundary 34.881130 -76.752820 3 5-013-4-012 Inactive Downgradient Outside Compliance Boundary 34.8785' -76.7488' . 4 5-013-4-012-E Inactive Downgradient Outside Compliance Boundary 34.87870 -76.75360 5 5-013-4-003 Inactive Downgradient Outside Compliance Boundary 34.87892' -76.7534' Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° Select Select Select ° - ° FORM: WWIS-R 02-21 Page 2 of 6 SECTION IX — IRRIGATION FIELDS 1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 1 Craven 5-013-4-008-13 Plantation Harbor 32.92 Rye 34.8810980 -76.7506810 2 Craven 5-013-4-008-13 Plantation Harbor 14.47 Rey 34.8812250 -76.7555120 3 Craven 5-013-4-008-13 Plantation Harbor 11.23 Pine forest 34.8814050 ° -76.7474670 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° o ° ° ° ° ° ° ° ° ° ° Total Acreage: FORM: WWIS-R 02-21 Page 3 of 6 ATTACHMENT A — SITE MAP Was the facility originally permitted or had a major modification issued after September 1, 2006? ® Yes — Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0504(d). These requirements are: ® A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within the wastewater treatment, storage, and irrigation areas. ® Soil mapping units shown on all irrigation sites. ® The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and irrigation sites. ® Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and 15A NCAC 02T .0506tc) if applicable. ® Setbacks as required by 15A NCAC 02T .0. ® Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. ® All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites. ❑ No — Skip Attachment A. ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b19 ® Yes — Skip Attachment B. ❑ No — Submit a delegation letter pursuant to 15A NCAC 02T.0 106i c) authorizing the signature authority to sign. ATTACHMENT C — FLOW REDUCTION Does the existing permit include an approved flow reduction? ® Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in NCAC 02T .0114(. ❑ No — Skip Attachment C. I ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY I Is the Applicant a Privately -Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T .0115{aU j, submit the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. ® No — Skip Attachment D. ATTACHMENT E — OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold? ® Yes (Home/Property Owners' Association) —Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed 7perational Agreement (FORM: HOA Pursuant to 15A NCAC 02T .01151c), if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .01151a)42), submit an executed Operational Agreement (FORM: DEV }. Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ No — Skip Attachment E. FORM: WWIS-R 02-21 Page 4 of 6 ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Is the applicant a municipality, county, sanitary district, or public utility? ❑ Yes — Proceed to the next question. ® No — Skip Attachment F. Does the hydraulic capacity in Section III, Item 4 exceed 70%? ❑ Yes (the hydraulic capacity is greater than 70%, but less than 801/o) — Pursuant to 15A NCAC 02T .0118(11, prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question. ® No — Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. ® No — Skip Attachment F. ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system? ® Yes — Skip Attachment G. ❑ No —Pursuant to 15A NCAC 02T .0116f , provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and irrigation system on property not owned by the Permittee. ATTACHMENT H — AFFILIATIONS Are the Permittee's affiliations of record correct? Check affiliations. ® Yes — Skip Attachment H. ❑ No — Provide the corrected affiliations and their contact information. ATTACHMENT I — COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ❑ Yes — Submit documentation that the compliance schedules have been met. ® No — Skip Attachment I. ATTACHMENT J— CIVIL PENALTIES AND OUTSTANDING VIOLATION Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request. ❑ Yes (violations) — Submit a copy of your response to the Notice of Violation. ® No — Skip Attachment J. FORM: MMS-R 02-21 Page 5 of 6 I. ATTACHMENT K — INDUSTRIAL WASTEWATER Does the wastewater composition in Section III, Item 5 include any industrial wastewater? ❑ Yes — Proceed to the next question. ® No — Skip Attachment K. Has the nature of the industrial wastewater changed since the last permit issuance (.i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in ,5A NCAC 02T .0504(hl. Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ❑ No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ATTACHMENT L — SETBACK WAIVERS Does the existing permit include setback waivers? ❑ Yes — Pursuant to 15A NCAC 02T .0506(d), provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107. ® No — Skip Attachment L. I, APPLICANT'S CERTIFICATION (Signature authority's name as noted in Section I, Item 3) attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T .0120(b , that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 021.0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to 15A NCAC 02T .0106(c). Pursuant to § 143-215.6A and § 143-215.6E , any person who knowingly nwkes any false stateme , presentation, or certification in any application package shall be guilty of a Class 2 misdemeanor, w ma in ude a fine ed $10,000 as well as civil penalties up to $25,000 per violation. op Signature: Date: 24 s 20 2.1 THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email: Non-Discharze.Reportssii ncdenr.F_ov Laserfiche Upload: https://edoes.deti.nc.p-ov/Form s/NonDischarize-Branch- Submittal-Form-Ver2 FORM: WWIS-R 02-21 Page 6 of 6 Water Resources ENVIRONMENTAL QUALITY April 6, 2018 GEORGE W. RADFORD -- DIRECTOR PLANTATION HARBOR PROPERTY OWNERS ASSOCIATION, INC. 200 ANTEBELLUM DRIVE HAVELOCK, NORTH CAROLINA 28532-9797 Dear Mr. Radford: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. WQ0000819 Correction Plantation Harbor WWTF Wastewater Irrigation System Craven County In accordance with your written request received February 14, 2018, we are forwarding herewith corrected Pages 3 and 6 of Permit No. WQ0000819 issued January 22, 201 S. The corrections to the subject permit are as follows: 1. Condition I1.4.d. has been removed because it is not applicable to simplex pump stations. 2. Condition Ill.] 3. has been amended to only include a waste level gauge in the 3.8 million gallon (MG) storage lagoon. Please replace Pages 3 and 6 of Permit No. WQ0000819 issued January 22, 2018 with the enclosed corrected pages. If you need additional information concerning this permit correction, please contact Troy Doby at (919) 807-6336 or 9MLdQbyCWncdenr.Vv. Sincerely, Linda Culpepper, Interim Direct Division of Water Resources Enclosure cc: Craven County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive WQ0000819 (Electronic Copy) Central Files !J"Nathinn Comnares y Stine of North Carolina l Environmental Quality Water Resources Water QualityPtxmiaing I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-W7-6332 Water Resources ENVIRONMENTAL OUAWTY January 22, 2018 GEORGE W. RADFORD — DIRECTOR PLANTATION HARBOR PROPERTY OWNERS ASSOCIATiom INC. 200 ANTEBELLUM DRIVE HAVELOCK, NORTH CAROLINA 28532-9797 Dear Mr. Radford: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. WQ0000819 Plantation Harbor WWTF Wastewater Irrigation System Craven County In accordance with your permit renewal request received October 24, 2017, we are forwarding herewith Permit No. WQ0000819 dated January 22, 2018, to Plantation Harbor Property Owners Association, Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until December 31, 2022, shall void Permit No. WQ0000819 issued May 12, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions are new since the last permit issuance dated May 12, 2009: ➢ Condition 11.4. — This condition requires that the Permittee properly maintain and operate the wastewater collection facilities at all times. ➢ Condition 1I.12. —This condition requires that any owner (other than the Permittee) of property within the compliance to have an easement running with the property filed with the Craven County Board of Deeds as per I SA NCAC 02L .0107(f). ➢ Condition 1V.1 I .e. —This condition requires notification of noncompliance in the case of runoff or ponding. ➢ Condition VI.10. —This condition notifies the Permittee that this permit is subject to revocation or unilateral modification upon 60-day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. —>"Nothing Compares: _ State of North Carolina I Environmental Quality i water Pugources ! Water Quality Permitting , Non.Nscharge Permitting 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919-M7.6332 Mr. George W. Radford January 22, 2018 Page 2 of 2 ➢ Condition VI. 11. -- This condition notifies the Permittee that unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee: has been convicted of an environmental crime; has previously abandoned a wastewater treatment facility; has not paid a civil penalty; is non -compliant with a permit schedule; or has not paid an annual fee. ➢ Attachment A — Total Nitrogen (00600) has been added as a reported parameter. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Troy Doby at (919) 807- 6336 or troy.doby cdenrj Sincerely, 5-mda Culpepper, Interim Director " Division of Water Resources cc: Craven County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT 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 Plantation Harbor Property Owners Association, Inc. Craven County FOR THE operation of a 79,710 gallon per day (GPD) wastewater collection, treatment, and irrigation facility consisting of the: continued operation of a wastewater collection system consisting of: 332 individual septic tank effluent pump systems each consisting of a 1,200 gallon baffled septic tank; a 44 gallon pump tank with a 10 gallon per minute (GPM) submersible pump, and high-water alarm; approximately 11,655 linear feet (LF) of 2- inch, 2.5-inch and 3-inch force main; and all associated piping, valves, controls, and appurtenances; the continued operation of a wastewater treatment system consisting of: a 2.6 million gallon (MG) treatment lagoon; a 3.8 MG storage lagoon; and all associated piping, valves, controls, and appurtenances; and the continued operation of a wastewater irrigation system consisting of. an irrigation pump station with two 225 GPM pumps, and high-water alarms; a liquid feed chlorination system with dual contact chambers and 30 minutes of detention time; a 49.62 acre spray irrigation area; and all associated piping, valves, controls, and appurtenances to serve the Plantation Harbor WWTF, with no discharge of wastes to surface waters, pursuant to the application received October 24, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 31, 2022, shall void Permit No. WQ0000819 issued May 12, 2009, and shall be subject to the following specified conditions and limitations: WQ0000819 Version 4.0 Shell Version I71103 Page I of 10 I. SCHEDULES 1. When the influent flow averages 20,000 gallons per day (GPD), the Permittee shall contact the Washington Regional Office, telephone number (252) 946-6481, so that the status of the inactive groundwater monitoring and reporting program can be reevaluated. [15A NCAC 02T .0108(b)(2)] 2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .01 I5(c)] 3. If the subject wastewater treatment or irrigation facilities are in noncompliance with the terms and conditions of this permit, governing statutes or regulations, the subject facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability. Prior to the initiation of these connection activities, appropriate Division approval shall be received. 115A NCAC 02H .0404(e)] 11. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G.S. 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [ 15A NCAC 028.0200, 02L .0100] 3. All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. WQ0000919 Version 4.0 Shell Version 171103 Page 2 of 10 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities in accordance with 15A NCAC 02T .0400. if an individual permit is not required, the following performance criteria shall be met- a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of groundwater or surface water standards. b. A map of the sewer system shall be developed and actively maintained. c. An operation and maintenance plan shall be developed, implemented and maintained. d. High -priority sewers shall be inspected at least once every six months. e. A general observation of the entire sewer system shall be conducted at least once per year. f. Overflows and bypasses shall be reported to the Washington Regional Office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required per North Carolina General Statute § 143-215. i C. g. A grease control program shall be developed, implemented and maintained. h. Right-of-ways and easements shall be maintained. i. Inspection and maintenance records for Conditions 11.4.a. through 11.4.h. shall be maintained for a period of at least three years, except for Conditions 11.4.b. and 1I.4.c., which shall be maintained for the life of the system. [15A NCAC 02T .0403] 5. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1), 02T .0505(b)] 6. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. t 15A NCAC 02T .0505(c), 02T .0505(n)] 7. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115] 8. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 9. In accordance with 15A NCAC 02L .0109, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. (15A NCAC 02L .0106, 02L .0108] 10. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 11. In accordance with I SA NCAC 02L .0I07(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] WQ0000819 Version 4.0 Shell Version 171103 Page 3 of 10 12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Craven County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [ 15A NCAC 02L .0107(f)] 13. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400' ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 1502 v. Public right of way: 50 Per setback waivers recorded in the Craven County Register of Deeds, reduced setbacks from the wetted area to any habitable residence or place of public assembly under separate ownership are as follows: Parcel No. Deed Book / Page Setback Easement 5-0134-004-A 2876135 200 feet 200 feet 5-013-4-004-C 2876 / 35 200 feet 200 feet 5-013-4-012-D 2876 / 31 200 feet 200 feet 2 Per setback waivers recorded in the Craven County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 5-013-4-001 2876 / 31 50 feet 100 feet 5-013-4-003 2876 / 31 50 feet 100 feet 5-0134-004-A 2876 / 35 50 feet 100 feet 5-013-4-004-C 2876 / 35 50 feet 100 feet 5-0134-005 2876 / 31 50 feet 100 feet 5-013-4-006 2876 / 31 50 feet 100 feet 5-0134-012-A 2876 / 31 50 feet 100 feet 5-0134-012-B 2876 / 31 50 feet 100 feet 5-0134-012-C 2876 / 31 50 feet 100 feet 5-0134-012-D 2876 / 31 50 feet 100 feet 5-0134-012-F 2876 / 31 50 feet 100 feet [ 15A NCAC 02H .0219Q)] WQ0000819 Version 4.0 Shell Version 171103 Page 4 of 10 b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02H .02190)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117] 3. A suitable year-round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [ 15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [ 15A NCAC 02T .0108(b)(1)] 5. irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(bXl)] 7. Only effluent from the Plantation Harbor WWTF shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.11 S. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. (15A NCAC 02T .05050)] 12. Freeboard in the 2.6 million gallon (MG) treatment lagoon and the 3.8 MG storage lagoon shall not be less than two feet at anytime. [15A NCAC 02T .0505(d)] WQ0000819 Version 4.0 Shell Version 171103 Page 5 of 10 13. A gauge to monitor waste levels in the 3.8 million gallon (MG) storage lagoon shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [ 15A NCAC 02T .0108(b)(1)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division -required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [ 15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. (I SA NCAC 02T .0I05(k)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: 1. Date of irrigation; 2. Volume of effluent irrigated; 3. Site irrigated; 4. Length of time site is irrigated; 5. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; 6. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; 7. Weather conditions; and S. Maintenance of cover crops. [15A NCAC 02T .0108(c)] WQ0000819 Version 4.0 Shell Version 171103 Page 6 of 10 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 2.6 million gallon (MG) treatment lagoon and the 3.8 MG storage lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0108(bxl)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [I SA NCAC 02T .0108(bxl)] 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper I pH [15A NCAC 02T .0108(c)] WQ000p8 19 Version 4.0 Shell Version 171103 Page 7 of 10 It. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, as soon as pgs ible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [ 15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [ 15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions ofthis permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] WQ0000819 Version 4.0 Shell Version 171103 Page 8 of 10 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Pennittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [ 15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1 ] 4. The Division accepts the data -based design flow rate of 80 gallons per day per bedroom (GPDBR) for the users served by this facility. Regardless of the adjusted daily wastewater design flow rate, at no time shall wastewater flows exceed the limits defined in this permit for the subject facility, or exceed the sewer capacity downstream of any new sewer extension or service connection(s). The Permittee shall report the actual (i.e., measured) monthly average amount of wastewater flow contributed per unit (GPDBR) for the 12 months prior to permit renewal. If any ofthese actual monthly averages are within 20% of the approved value, the Permittee shall re-evaluate the approved value using the methodology applied to determine the approved flow rate of 80 GPDBR, and submit this information within IS months of January 22, 201 S. The Division may change the daily wastewater design flow rate for connections to the system at that time, and upon each renewal cycle, pending an evaluation of the submitted flow information. [15A NCAC 02T .0114(f)] 5. The Permittee shall retain the Division's written approval of any authorized adjusted daily design flow rate for the life of the facility, and shall transfer said written approval to any future Permittee. [15A NCAC 02T .0114(f)] 6. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 1SA NCAC Chapter 4 and under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] 7. In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] S. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 9. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [I SA NCAC 02T .01050)] WQ0000819 Version 4.0 Shell Version 171103 Page 9 of 10 10. This permit is subject to revocation or unilateral modification upon 60-day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110] 11. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 12. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 22"d day of January 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �2Ltnda Culpepper, Interim Director G Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0000819 WQ0000819 Version 4.0 Shell Version 171103 Page 10 of 10 ri �t V 3 x 9 L X . W 4. 6�yi G Z H � 'flC Q L y i E c �0 o y •O 7 9 V ny u m a T� is u � o o0 N m G E o � In x n. $ in `,$ G d s ca a 0 qw 0 ON m 3 CD C O r. uc u e u � Z '1•�' N N Pt O� z OG GC C c o o € Y Y 96 N 0 N_ 0 N_ 0 z z z Q O O Q v � � E E a C3 Q F Y �papp � h o e o w � �r a00, 000 0�0 uZi �Q+1 4 d e � C a U > U > U U 52 0 0 0 Y Q S O S O C p .e -p .a 2P p .a 7P� O_ 9 � � m r / permit Noy OLINA 01 L�f"�� Comm 0 ��E TH � -• ! OpERf,TX014AL 71GT • Pursuant to G.S. 143-21SA(d1) and TKIS AWMEMW made p day of •F s entered into this Qtween t e arth Caro ra v YaNaantal N s by and.. of th6 . Btat Cp�Q I66i ith Caraliand Management Commisknp� an a9as the d and a non-profit corporation organise hereinafter re owners ��itue of the lags of the state of North Lilbat Oh bOr P ex st nq un or an by Carolinas herairaftar knoVA.as the ASSOCIA.T=ON' wITNESSETR7 among 1. The ASSOCIXTION . vas formed far .the business of the others, of handying the propertys mffaira 'an8 thereinafterbaai pa tatson Harbor re -constructing and development kno.�rriofao drat ngs sna nta nine. rpp�pelltB the, DevelopmenC)t p deal gystem� and of repairing the aotnmon elements of the lards and to Subject to unit ownership, including the ovid collecting dues and esaessment to provide funds far such construction operations maintenances re- and zepa x. 2. The ASSOCIATION desires. to um Bst vastexater treatment wastewater collection system with p p works and/or dispothl facilities toesarvefthe Developments on said provide sanitary 9 lands. _ 3. The AS QCIAT purshas uanta to iGaS to 1434215.�l to=Oconstruct, N for isaaancs permit 'maintain, and/or operate the Dispasal System. 4. The Development was created subject to unit a through ownership in the d f llang Daclarat! ntheof i Unitemeownersh p nts and land(hereinafter filing a Decliration), Pursuant to Chapter t7C of the North Carolina General - 5. Ghl The DevelopSION desires 'to ReBure ment is properly constructed Statutes - that maintainedoand System d the P permit provisions in order to operated in accordancealit Of the 1waters nv and f .the State and the public protect the quality interest therein. ".. AW arm-••�••-- — 2 1 r NOW, rfgERErom in conslaoratian of thartiee iheretot " the efits to De derived by each of the P a, ree as loliort*2 HSSSION and ASSOCINTxON do hereby mutually 9 1, ThS aggpCiATIo1i shall construct the Aisposal System additions oz modif iaatioris to the DisPoB8l By stet" ,or make .any lens and spoeLfi ashalls accordance with the permit and pend •eaftar' issued _ an8 approved by the COMMiISS10"' operate and maintain such systems and sraafter propSrly licabin permit provisions- and :ilities in accordance with app r. v,d cl&rlgtion and 4. The ASSOCIATION shall Pro Sy�tamh ands appv tenanese tociatien Bylaws that the n el with and the .reto are part of the c te8 i Conformity all t erepftar a ,perly maintained and op oration, repair• and' visions of -the permit for construction$ op inference of tiheyatem and facilities. The Deelaratian and laws shall isdes� ya�h a entire c ton mon wastewater which wi it f receive tthG d dispose System ex 9=71011 except tot snditures by the ASS ghost priority P deral, State and local taxes, and inaur=00. 3. The ASsOCIATICIN shall provide in the •Declaxation and cocia:ion Hy3aws that the %n order to assure thatwill theretShall of the common expenses. funds readily available to repair, maintain °r construct t e sposal System, beyond the routine operation and maintenance penses, the Declaration; and Association eylaws shall provide ,at a fund be created out of the common expense*. Such fund tall be Ieility and ashall fbe part f tt►a yearly budget allocated for the 4. In the event the common expense allocation and separate and are not adequate for the t monst uca ioneelar�ti r l and and %intenance of the Disposal sYs lacciation Bylaws shall -provide for special assegseoents to cover Bch necessary oasts. There shall be no limit on the amount of srat hat suchidD sss ecial as seotments D&Olcan bBylawskon and ache mad& as necessary at tany P ime. 5. If a wastewater collection system and wastewot*r rea#iaent and/or disposal facility authorities, or other traprovided by any city, it illage, county, Water and sewer overnment shall hereinafter become available to serve, the taki sch action as is evelopment, the ASS4CIATI01i g and future u►►astewatar of thai eeessary to cause the existing .evalopment.to be accepted and discharged into Said governmental ysteml and shall convey or transfer as such of the Disposal ystem, and such necessary easements as the governmintal unit may squire as a condition of accepting the Development s wastewater. VJO:Pve , r• 6. Recognizing that it would be contrary: to the public interest and to the public health# safety and welfare for the ASSOCUTION to enter into voluntary, dissolution without •having made adequate provision for the continued proper'maintenanest repair and operation of its Disposal Syatent, the ASSOCIATION shall provide in the ASSOCIATION bylaws that the ASSOCIATION •hall not enter into voluntary dissolution without first having transferred its said system and facilities to some persons corporation or other entfty acceptzbls to and approved by the COMMISSION by the issuance .of a parsait. - 3 - 7. The ASSOCIATION shall not transfer, eoslvey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's euccessote 8. The agreements met forth in numbered paragraphs 3, 3• 31 41 5. 6, and 7 above shall be conditions of any permit issued by the COMKISSION to the ASSOCIATION for the eonstructiont maintenance, repair and operation of the Disposal System- P. A copy of this agreement shall be .filed at the Register of Deeds, in the County(its) where the Declaratibn is filed and in the officer of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE MIRORMENTAL MANAGEMENT COMI S S ION do �� • � Vii.QV4 Division of Environmental Management • (Date e�� Authcrized by ASSOCIATION Soar of Directors) Water Resources ENVIRONMENTAL OUAUTY April 6, 2018 GEORGE W. RADFORD — DIRECTOR PLANTATION HARBOR PROPERTY OWNERS ASSOCIATION, INC. 200 ANTEBELLUM DRIVE HAVELOCK, NORTH CAROLINA 2 853 2-9797 Dear Mr. Radford: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. WQ0000819 Correction Plantation Harbor WWTF Wastewater Irrigation System Craven County In accordance with your written request received February 14, 2018, we are forwarding herewith corrected Pages 3 and 6 of Permit No. WQ0000819 issued January 22, 2018. The corrections to the subject permit are as follows: I. Condition 11.4.d. has been removed because it is not applicable to simplex pump stations. Condition 111.13. has been amended to only include a waste level gauge in the 3.8 million gallon (MG) storage lagoon. Please replace Pages 3 and 6 of Permit No. WQ0000819 issued January 22, 2018 with the enclosed corrected pages. If you need additional information concerning this permit correction, please contact Troy Doby at (919) 807-6336 or tmy.d2by' ncderinggy. Sincerely, Linda Culpepper, Interim Directo Division of Water Resources Enclosure cc: Craven County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive WQ0000819 (Electronic Copy) Central Files 'Nothing Compares State of North Carolina; Environmental Qualtry Water Resources Water Quality P:mining 11on-Nscherge Perm,U1ng 1617 Mail Service Cuttcr Raloigh. North Carolina 27699-1617 919-907.6332 Water Resources ENVIRONMENTAL. DUALITY January 22, 2018 GEORGE W. RADFORD- DIRECTOR PLANTATION HARBOR PROPERTY OWNERS ASSOCIATION, INC. 200 ANTEBELLUM DRIVE HAVELOCK, NORTH CAROLINA 28532-9797 Dear Mr. Radford: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. WQ0000819 Plantation Harbor WWTF Wastewater Irrigation System Craven County In accordance with your permit renewal request received October 24, 2017, we are forwarding herewith Permit No. WQ0000819 dated January 22, 2018, to Plantation Harbor Property Owners Association, Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. This tmrnfit shall be effective from the date of issuance until December 31, 2022, shall void Permit No. WQ0000819 issued May 12, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions are new since the last permit issuance dated May 12, 2009: ➢ Condition 11.4. — This condition requires that the Permittee properly maintain and operate the wastewater collection facilities at all times. ➢ Condition II.12. —This condition requires that any owner (other than the Penmittee) of property within the compliance to have an easement running with the property filed with the Craven County Board of Deeds as per 15A NCAC 02L .0107(f). ➢ Condition 1V.1 i.e. —This condition requires notification of noncompliance in the case of runoff or ponding. ➢ Condition VI.10. —This condition notifies the Permittee that this permit is subject to revocation or unilateral modification upon 60-day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. --""Nothing Compares:._ state or North Carolina I Environmental Quality !Water Resources ! Water Quality Permitting r:an-Du lrz �r i`r mitring 1617 Mail Service Center i Raleigh, North Carolina 27699-1617 919-807.6332 Mr. George W. Radford January 22, 2018 Page 2 of 2 ➢ Condition VI.11. - This condition notifies the Permittee that unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee: has been convicted of an environmental crime; has previously abandoned a wastewater treatment facility; has not paid a civil penalty; is non -compliant with a permit schedule; or has not paid an annual fee. Attachment A - Total Nitrogen (00600) has been added as a reported parameter. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Troy Doby at (919) 807- 6336 or trov.doby@Licdenr.gov. Sincerely, D rinds Culpepper, Interim Director " Division of Water Resources cc: Craven County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT 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 Plantation Harbor Property Owners Association, Inc. Craven County FOR THE operation of a 79,710 gallon per day (GPD) wastewater collection, treatment, and irrigation facility consisting of the: continued operation of a wastewater collection system consisting of: 332 individual septic tank effluent pump systems each consisting of: a 1,200 gallon baffled septic tank; a 44 gallon pump tank with a 10 gallon per minute (GPM) submersible pump, and high-water alarm; approximately 11,655 linear feet (LF) of 2- inch, 2.5-inch and 3-inch force main; and all associated piping, valves, controls, and appurtenances; the continued operation of a wastewater treatment system consisting of: a 2.6 million gallon (MG) treatment lagoon; a 3.8 MG storage lagoon; and all associated piping, valves, controls, and appurtenances; and the continued operation of a wastewater irrigation system consisting of: an irrigation pump station with two 225 GPM pumps, and high-water alarms; a liquid feed chlorination system with dual contact chambers and 30 minutes of detention time; a 49.62 acre spray irrigation area; and all associated piping, valves, controls, and appurtenances to serve the Plantation Harbor WWTF, with no discharge of wastes to surface waters, pursuant to the application received October 24, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 31, 2022, shall void Permit No. WQ0000819 issued May 12, 2009, and shall be subject to the following specified conditions and limitations: WQ0000819 Version 4.0 Shell Version 171103 Page 1 of 10 I. SCHEDULES I. When the influent flow averages 20,000 gallons per day (GPD), the Permittee shall contact the Washington Regional Office, telephone number (252) 946-6481, so that the status of the inactive groundwater monitoring and reporting program can be reevaluated. [15A NCAC 02T .0108(b)(2)] 2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] 3. if the subject wastewater treatment or irrigation facilities are in noncompliance with the terms and conditions of this permit, governing statutes or regulations, the subject facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability. Prior to the initiation of these connection activities, appropriate Division approval shall be received. [15A NCAC 02H .0404(e)] H. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards, In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G.S. 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100] All wells that are constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply) and any other state and local laws and regulations pertaining to well construction. WQ0000919 Version 4.0 Shell Version 171103 Page 2 of 10 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities in accordance with 15A NCAC 02T .0400. If an individual permit is not required, the following performance criteria shall be met: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of groundwater or surface water standards. b. A map of the sewer system shall be developed and actively maintained. c. An operation and maintenance plan shall be developed, implemented and maintained. d. High -priority sewers shall be inspected at least once every six months. e. A general observation of the entire sewer system shall be conducted at least once per year. f. Overflows and bypasses shall be reported to the Washington Regional Office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required per North Carolina General Statute §143-215.IC. g. A grease control program shall be developed, implemented and maintained. h. Right-of-ways and easements shall be maintained. i. Inspection and maintenance records for Conditions II.4.a. through II.4.h. shall be maintained for a period of at least three years, except for Conditions II.4.b. and 1I.4.c., which shall be maintained for the life of the system. [15A NCAC 02T .0403] 5. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1), 02T .0505(b)] 6. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 7. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115] 8. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 9. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 10. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 11. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] WQ0000819 Version 4.0 Shell Version 171103 Page 3 of 10 12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns Iand within the compliance boundary shall execute and file with the Craven County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 13. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): L Any habitable residence or place of public assembly under separate ownership: 400' ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150, v. Public right of way: 50 ' Per setback waivers recorded in the Craven County Register of Deeds, reduced setbacks from the wetted area to any habitable residence or place of public assembly under separate ownership are as follows: Parcel No. Deed Book / Page Setback Easement 5-0134-004-A 2876 / 35 200 feet 200 feet 5-013-4-004-C 2876 / 35 200 feet 200 feet 5-013-4-012-D 2876 / 31 200 feet 200 feet 2 Per setback waivers recorded in the Craven County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 5-0134-001 2876 / 31 50 feet 100 feet 5-0134-003 2876 / 31 50 feet 100 feet 5-0134-004-A 2876 / 35 2876 / 35 50 feet 100 feet 5-013-4-004-C 50 feet 100 feet 5-013-4-005 2876 / 31 50 feet 100 feet 5-0134-006 2876 / 31 50 feet 100 feet 5-0134-012-A 2876 / 31 50 feet 100 feet 5-013-4-012-B 2876131 50 feet 100 feet 5-0134-012-C 2876 / 31 50 feet 100 feet 5-AI I-4-012.D 2R76 / 31 50 feet 100 feet 5-0134-012-F 2876 / 31 t 50 feet 100 feet [ 15A NCAC 02H .02190)] WQ0000819 Version 4.0 Shell Version 171103 Page 4 of 10 b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02H .02190)] M. OPERATION AND MAINTENANCE RE UIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T..05071 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117] 3. A suitable year-round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [ 15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [ l5A NCAC 02T .0108(b)(1)] 7. Only effluent from the Plantation Harbor WWTF shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.1 ] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is nrnhihited_ rl5A NCAC 02T .0505(i)1 12. Freeboard in the 2.6 million gallon (MG) treatment lagoon and the 3.8 MG storage lagoon shall not be less than two feet at anytime. [15A NCAC 02T .0505(d)] WQ0000819 Version 4.0 Shell Version 171103 Page 5 of 10 13. A gauge to monitor waste levels in the 3.8 million gallon (MG) storage lagoon shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top ofthe dam. [15A NCAC 02T .0108(b)(l)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] IV, MONITORING AND REPORTING REQUIREMENTS 1. Any Division -required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [ 15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. [15A NCAC 02T .0105(k)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [ 15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: 1. Date of irrigation; 2. Volume of effluent irrigated; 3. Site irrigated; 4. Length of time site is irrigated; 5. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; 6. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; 7. Weather conditions; and 8. Maintenance of cover crops. [15A NCAC 02T .0108(c)] WQ0000819 Version 4.0 Shell Version 171103 Page 6 of 10 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 2.6 million gallon (MG) treatment lagoon and the 3.8 MG storage lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. if no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(I)] 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [i5A NCAC 02T .0I08(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [I SA NCAC 02T .0I 08(b)(1)] 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [ 15A NCAC 02T .0I08(c)] WQ0000819 Version 4.0 Shell Version 171103 Page 7 of 10 11. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, as sop_ n as possible. but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [1 SA NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [ 15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [ I SA NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions ofthis permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] WQ0000819 Version 4.0 Shell Version 171103 Page 8 of 10 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1 ] 4. The Division accepts the data -based design flow rate of 80 gallons per day per bedroom (GPDBR) for the users served by this facility. Regardless of the adjusted daily wastewater design flow rate, at no time shall wastewater flows exceed the limits defined in this permit for the subject facility, or exceed the sewer capacity downstream of any new sewer extension or service connection(s). The Permittee shall report the actual (i.e., measured) monthly average amount of wastewater flow contributed per unit (GPDBR) for the 12 months prior to permit renewal. If any of these actual monthly averages are within 20% of the approved value, the Permittee shall re-evaluate the approved value using the methodology applied to determine the approved flow rate of 80 GPDBR, and submit this information within 18 months of January 22, 2018. The Division may change the daily wastewater design flow rate for connections to the system at that time, and upon each renewal cycle, pending an evaluation of the submitted flow information. [15A NCAC 02T .0114(f)] 5. The Permittee shall retain the Division's written approval of any authorized adjusted daily design flow rate for the life of the facility, and shall transfer said written approval to any future Permittee. [15A NCAC 02T .0114(f)] The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in ISA NCAC 02B .0200; erosion and sedimentation control requirements in ISA NCAC Chapter 4 and under General Permit NCGO10000; any requirements pertaining to wetlands under I SA NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] 7. In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 8. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 9. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. (I5A NCAC 02T .01050)] WQ0000819 Version 4.0 Shell Version 171103 Page 9 of 10 10. This permit is subject to revocation or unilateral modification upon 60-day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110] 11. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 12. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 22"d day of January 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -;?Linda Culpepper, Interim Director Division of Water Resources 0 By Authority of the Environmental Management Commission Permit Number WQ0000819 WQ0000919 Version 4.0 Shell Version 171103 Page 10 of 10 W � F v � C7 u C7 C7 C7 t7 C7 t7 G7 a � � a w x W C L O V = p d N V v u 10 z H � F b � J E E E E� E E E E d V •C1 � C I I V U L I! u cn ._ C'm r�i1 s a e x Z G w c u Q O O C v U 4 NaV, E E aL2v� eo 1 ii c V C E .ti "' p C co Lr' W v, '10' N w W m U U ° L Z Z Z Z a 0.� VJ d pV,� Q Opp O vQ't O G O N o N o pO O O O O M O X u Q G Li O 'd' Cy 3 b G� t� od r CD O O w t u r"i s u u u ] � o c laa N N Wi C+ G � per SpG o 0 0 r�i C.1 v cc Y Q S u c�i c a a y o 2 'o 0 0 0 0 z zcc z Q IV N_ N_ O O + O u 9 � F A ri ao Y a N Y s ws N n 2 e ws wi n s c C4 v1 v C = 00 w a ORo0 00 00 00 z a Q � qr Q m M M w ev U U O Cj U F a 0 0 0 u `� e f G C."' efi CL C Q C R C ' 0 O `� •a G. O � •Q `C. D � •vpq Ln dw Vl oa_oa oa CR S r; f- .I Permit NO • �00819 STXTE CY NORTH CAROLI-Ah LtIQ' ep L'q'2./ l' COUNTY OF WARE OYEW►S1011AL AGREEMENT • G.S. 143-Z15.1{all and THIS AGA£EM HT made pursuant d Y og-Februa + entered into this Cero na nv 7r°»mental lLf 1'4 by hadmif , atween tt�e lTarth and It-Qmanamant Co�&Dd on• an agency of the state of Korth Cssolinn the COXHIBSIOp= hereinafter known a on -profit coawnrporation Organised and katation Harbor P rb owners Assn, a n ex St -nq un or an by VZtUe O he A11&OCIA'rI0lt he State of Worth caroliner hereinafter known. WITHESSETH among 1. Th* AZgoCIar AT2OW.was fmed for .the purpose othars, of handling the property+ e£faira 'an$ business r pl tation harbor re-conetructin9 and development known °'s ma nta Wing. the Development) a 'of oparat ng, repairing the common olaments of tthe Diapoa 1 Bysteml andnts 04 subject to unit ownership,,,, including provide funds for such collecting dues and assment to operation, maintenance, re-aansttuetion and repass• Z. The ASSOCIATION desire a. to et Wastewact ter treatment wastewater collection system with PUMPS, stem) to tOr DI works ana/or die�sewage ndisposal cilities toecurvefthe Development on said provide sanitary landa. 3. The ASSOCIATION_ has applied to the COMMISSION for the issuance of a permit pursuant to G.B. 143-215.2 to eontrtruct, ' maintain, and/or operate the Disposal SYste- q- The Development was created subject to unit ownership ds through in the dwellings units, other improvements and lA ershsp (hereinafter filing Declaration of . Unit own filing of a rationl, Pursuant to Chapter 47C of the north Carolina DecliGeneral Statutes. - sal S. The COMMISSION assires to constructed, t maintainedo rly and System of the DevelOPMOnt is prop* operated in accordance with law and permit provisions in order to protect the quality of the waters of .the State and the public interest therein. M 2 promises and the NOW, THEREFDRE, in consideration of tharies- hereto, efite to be derived by each of the P nee a* tollowat bfits 2i and ASSOCIATION do hereby mutually a9 Disposal System 1The A a d %lone orhmo8ilicatiotiaall tto the Di Posal System /or make. y the pensit and plane and specifications accordance with the COMMISSIONi and shall .,Better- is'susd _ and operarteedandX maintain such systems And +reafter properly licable permit provisions. and :ilities in accordance with app r. tstiOn end 2. The ASSOCIATION shall provide in the Decl appurtenances Ice aylaws that the Disposal System and be treto are Part of the common ae4 elements conformitY with lawaendr the apsrly maintained and op eration, rapait. and, visions of- the psrmit for canstrvcttQn, op intenance of the system and facilities. The Decla collection laws shall id y►sha ecommon slemen't which will Wjjatevfttar ,r+�ceive the d disposal systemfor ax enditures by the ASSOCIATION except for ghost priority P deral, State and local taxes, and insurance: 3. The ASSOCIATION shall provide in the•Declaration and sociation Bylaws that the Disposal system will be maintained In order to assure that there Shall of the common expenses. funda readily available to repair, maintain or construct the sposal System, beyond the routine operation and maintenance pences, the Declaration; and Association Bylaws shall provide .at a fund be creates out of the Common expenses. Such fund ,all be separate from the routine maintenance allocated for the ,cility and shall be part of the yearly budget, 4. In the event the common expense allocation and separate ind are not adequate for the construction, strucQ ioUeclerntiri and and %intenance of the Disposal System, tsociation aylaws shall -Provide for special assegvments to cover sch necessary costs. There shall be no limit on the amount of n and hat suchsgspecial aassesamants lcant'boe made Bylaws anecessary aprovide t any ime. S. If a wastewater collection eystetn and wastewate town�, reatsnent and/or disposal facilr authorities, or other unity provided by any city, it of silage, county, water and sewe overntnent shall hereinafter become available to serve, the sh° takii such action as is evelopment, the ASSOCIATIONi and future wastewater of th• eeesaary to cause tle existing evelogtaent.to be accepted and discharged into *aid governmental ysteml sal - and shall convey or transfer as muchoverntnqtal Unit ystem, and such necessary easements as tihe 9 ment'e r+aste�ater. eguire as a condition of accepting the Develop 1 6. Recognizing that it %roul d be contrary. to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without .having made adequate provision for the continued proper' maintenance, repair' and operation of its Disposal System, tha ASSOCIATION shall provide in the ASSOCIATION bylaws that the ASSOCIATION shall not enter into voluntary dissolution WLthout first having transferred its said syrtem and facilities to some persons corporation or other entity acceptable to and approved by the COMMISSION by the issuance .of a Permit- - 3 - 7, The ASSOCIATION shall not transfer, conveys assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's suCcessoz. 8. The agreements set forth in numbered paragraphs It Zr 3, 4, 5, 6, and 7 above shall be conditions of any permit $.$rued by the COMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be .filed at the Register of needs in the Countytie$) where the Declaratibn is filed and in the offices of 'the Secretary of state of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHZREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE MIRONMENTAL 8n1bany Mona MANAGEMENT COMMISSION ame aVASSOCIAT 1 1 Pre�s—snt NT Gia-1 601"01-1141 -*"� 02". e` A. n AuggW -T... . Ea e 91 . � Division of Environmental ur� • Management (Date) Aut or zed by ASSOCIATION Soar of Directors) Date PLANTATION HARBOR WASTEWATER SPRAY IRRIGATION SYSTEMS MODIFICATIONS TOWNSHIP # 5 - CRAVEN COUNTY NORTH CAROLINA VICINITY MAP 1-200V VICINITY MAP 1'=5000' SCHEDULE OF DRAWINGS NAME SHEET COVER I SITE PLAIN 2 ARIEAL MAP 3 SEDIMENTATION & EROSION 4 CONTROLPLAN DETAILS 5 OWNER/DEVELOPER PLANTAIION HARBOR PROPERTY OWNERS 202 SUMTER COURT HAVELOCK NORTH CAROLINA 28532 CONSULTING ENGINEER THOMAS ENGINEERING P.A. P.O. BOX 1309-403-C AIRPORT RD. NEN' BERN, NORTH CAROLINA 28563 CFFICE: (252) 637 2727 FAX: (252) 636 2448 LAND SURVEYOR ROBERT H. DAVIS, PLS 7175 HIGHWAY 70 EAST n G � NEW BERN, NORTH CAROLINA 28562 Aj h0 COPYRIGHT®2007 BY THON.AS ENGINEERING P.A. ALL RIGHTS RESERVED. THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND AS SUCH REMAIN THE PROPERTY OF THOMAS ENGINEERING P.A. NEITHER THIS DOCUMENT NOR ANYPARTOF THI$ O DOCUMENT MAY BE REUSED, REPRODUCED OR O TRANSMITTED IN ANY FORM OR BY ANY MEANS. C ELECTRONTC ORMhCHANICAL INCLUDING BUT NOT � LIMITED TO PHOTOCOPYING, MICROFILMING AND RECORDING, OR BY ANY INFORIIIATION STORAGE U AND RETRIEVAL SYSTEM, WITHOUT PERMISSION IN IVRITING FROM THOMAS ENGINEERING P.A. G > O n 9 PROGR=FOTION DO NOT US w COVER PLANTATION HARBOR WASTEWATER SPRAY IRRIGATION r SYSTENIS AIODIFICATIONS ll�, 1. I?NSHIP # 5, CRAVEN COUNTY, NORTH CAROLINA SCALE: AS NOTED DATE IOr01i07 PROJECT �: 98041 SHEET: IofS LEGEND SPRAY FIELD TABLLATION' EXISTING EDGE OF WOODS n 1 Y1 CLEARING LIMITS PERIMETER FENCE SILT FENCE ZONE AREA (ACRES) WASTEWATER IRRIGATION (GPD SOIL CLASSIFICATION RECOMMENDED LOADING RATE (iD/hr) RECOMMENDED LOADING RATE (iWyr) COMMENTS 1 23.92 36,371 TOMOTLEY rDRAINED) 05 22.00 INCL. EX. 15 AC. SPRAY FIELI+ 14.47 <0 27.902 3 11.23 14,988 TOMOTLEY(DRAINEISI <0.25 19.50 TOTAL 49.62 79,700 - - - - - - -- - EXISTING CONTOURS - - -- - - EXISTING DITCH - PROPOSED DITCH I � PROPERTY BOUNDARY & REVEIW AND COMPLIANCE BOUNDARY ANITA L SELLARS SALTER \ 9 EXISTING MONITORING WELL OR255J PG.6 I \ / wLA E rdxL°R O. EXISTING HYDRANT OE:PGA 12] 'O / } n Sry STING-xEli NIT I DRAINAGE FLOW ARdLOW'S C!ltLRLE6 N 8 D'ANC NeNCY SMITH / EXISTING Ia/AC�. SPRAY FIELD }NIF - �� y CHARLES N B D ANE N91CY SMITH _ �qFi� YV D9:I4as FcseT � �\�A Ti L 5 - C—S _ 4 �'ti 0'" LAYT=4HARBOR LLC r-TZGT.F SPRAY IRRIGATION 4 1 I '`ram oe: ss4 Pctas ' 3 ....1a-� ' l EdTGA THE 'INkS GOLD COL 5= w � PROPERTYBOUNDARY E �,_ COMPLIANCE BOUNDARY \RM \ I I f - /�,{%I5T GGOLF CO ( \ {'. K SBt• I! 5 YJ Y P Vim• _ �r_( / , URSE ND 'EATURE GOLF CO N/F THE YNHS® D EA - i - \ RC_P --x'�� �~ •P•ANTATSllP RBOR LLC / \ }_ 11 _WETTED AREA \"2 1 ''. :-•Y,-•rx,•,�„�6-;= - reL ce c nnGs' P-� c a s L I 4 EA NNG GGL I %.I FEATU ` N/� SPRAY ZONE 2— - V— _ _- ♦♦. Ns�fi- PA aLdN-Ai OV HARBOR - FA NG OVNiEO;' 30NMEP ,r PRG�E4rr wNERs \ 14.4-7_AC. }.C, _ -ca,n6z sag r 1 _WOODED \ O cauN sra (i1LOFAE OEIF(lOM1^OfAaTHE LINk 60LF C S / l- 1�'�-E%IST CHI:ORINE'CONTA T tl)RAIB \ ;' 1 - \ j- SPR%iY ZONE 3 II FX' TTING �°"' \\� �♦ \ ZONE \ �\'\ OPEN FEILD L3 5 RG OfN`\ \• \ fe 2 J2 C. ) \ '4N`C E`�Ek� I Y r�ILU\ \ ,E. .fwETE zEx AT - _ L ILA, I - � L ¢.zs y!' �+�=E%Is g E m c� E\ V � ♦ v J � ;oor x � Q -•� N/F ! il.. ,b T(L ♦ \ \. \ \ \\ \. I P"o,EAT.N HARBOR NlF ~ N/F �` % _ {';f PROPERTY DWNERS a THE LINKS } T{!E LIN85 1 EXISTING \ - 03.2162 POf: G SS9 TIHARBOR LLC 11 P ADO, iA B --�L \ 1_ \ \ \ 1 \ 34 PG:19• {_ �JS 'PRIMARY \ \ \ N WETTED AREA o LAGOO\-LT \ `. , ♦\ \� 'YZ 1 ] I J PARKIN( 1 - '11 200'FROLA BLDG 0.UB • � }l { { •• r TE AREA- 4 9I -• \\'1. _ I IY�.� Y p - .- I1`c '--, . C� 1 _a ' 1 , -\ ..� - ` r' `el.wTc• r WOODED _— i uErpl-Nk;6 PfltNC ` ` \ • � L, 6 rw•s Arm - \. _ - �-' 41fc 9GOLF COURSE TAw vi15� _ 1 \..,}. =/l 59W-R 'E+ \1 I. 2t•:t I -- /l'i-�_ ./ -, TABLE WA ft SHET `C, I SPRAT�E-,RIGATIBN"'c•�u�aHu_. `PA ERTYBOV-&ARV a \. ` J .5 Z a s ,q; _. _ _ • . { _ - '\ 1 * v. 1 - A+.__nWcS GO COURSE i / •\ CO IANCE SQUNgRY _ JE s ^"'t N/F / 111 - . \ .\\ --'\. _ \ l h� THE'_IN S'GOLF COItiS_ .2 • L ^� _ _ _ —� POND-iE4Tll� y"— P_PNIJATIO`1 HARBOR _ / -- \_ / 1 r _ _ - ` : ` 1 L. E �' f'�b•r nNG NON -POT Y /f c. _ P$OKER.Y GA'NERS , ,I �. N'�.�1.. ��• 1Eh6Lt _ i ' De IL PG 799•I {;. \ .._� '� ` �iw'HLR904^f `�, + L 1 �.• 1 7 , TO'xvECFARGE ,.uL FOR' " �- ^ / v -T09:2I./' 9 \ s /.�.\ -,.. r•�. _ ON TH-LINttS GOLF JPLAN♦ T ARBOR - A �•% ` 0 111 N599 •1-[ f-1 T INKS 0 \ •@-' y= / L TIOV HdP.BCg.N C % a I Y �...THE}INnsvoLE��.- O`IFLAN as o " \� �.r'r''1-1'c \'1 -ice•`- --y'� % }{/ L I - THE L !I _Gp_F_CON.55cv', is _.. i oe.2le _ �/'IA! ING G O P\YD 17 _ \I CND FEe I¢ B�11E Si+AM JfC]. R.I .. -LANT.TIONINAS 30R LLC.~ N/F THE L V%S C PLLuVTAT ON HARC : T" SCALED FOR 24 X 36 SIZE PAPER ANY OTHER SIZE SCALE 15 REDUCED s..[ SLAP REFERENCE PLAT CABINET- G; SLIDE -186.A SCHEDULE OF DRAWINGS NAME SHEET COVER I SITE PLAN 2 ARIEAL MAP 3 SEDIMENTATION & EROSION 4 CONTROLPLAN DETAILS 5 U Q N z OWNERIDEVELOPER PLANTATION HARBOR PROPERTY OWNERS 20, SUMTER COURT HAVELOCK NORTH CAROLINA 28532 CONSULTING ENGLN :ER THOMAS ENGINEERING P.A. P.O. BOX 1309 403-C AIRPORT RD NEW BERN, NORTH CAROLINA 28563 OFFICE. 1252) 637-2727 FAX: (252) 636-2448 ^ LAND SURVEYOR ROBERT H. DAVIS, PLS G n 4 7175 HIGHWAY 70 EAST NEW BERN,NORTH C.AROLINA 28562 c c COPYRIGHT t 2007 BY THOMAS ENGINEERING P., ALL RIGHTS RESERVED. THESE DRAWINGS ARE e INSTRUMENTS OF SERVICE AND AS SL-CH REMAIN THE PROPERTY OF THOMAS ENGINEERING P.A. e NEITHER THIS DOCUMENT NOR ANY PART OF THIS 4 DOCUMENT MAY BE REUSED, REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL INCLUDING BUT NOT _ LIMITED TO PHOTOCOPYING, MICROFILMING AND RECORDING, OR BY ANY INFOPMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT PERMISSION rN f WRITING FROM THOMAS ENGINEERING P.A. jt C i �z PROGRESS DRAI9INGS ➢0 NOT USE FOR CONSTRUCTION 1 SITE PLAN 0-( d PLANTATION HARBOR WASTEWATER SPRAI'IRRIGATION ( , SYSTEMS MODIFIC.ATIOAS ll� WNSHIP u 5, CRAVE\ COUNTY, NORTH CAROLINA SCALE: 1"=200' DATE: 10101,07 PROJECT.: 98041 1 SHEET: 2015 SCALED FOR 24 X 36 SIZE PAPER ANY OTHER SIZE SCALE 15 REDUCED MAP REFERENCE: PARCELS AND STREET DATA PROVIDED BY CRAVE' COUNTY. AERLAL PHOTOGRAPHY PROVIDEDBY SC DEFT. OF AGRICULTURE - R1LY2006. SCHEDULE OF DRAWINGS NAME SHEET COVER I SITE PLAN 2 ARIEAL MAP 3 SEDIMENTATION & EROSION 4 CONTROLPLAN DETAILS 5 PLANTATION HARBOR PROPERTY OWNERS 202 SUMTER COURT HAVELOCK NORTH CAROLINA 28532 CONSULTING ENGINEER THOMAS ENGINEERING P.A. P.O. BOX 1309-403-C AIRPORT RD. • NEW BEM, NORTH CAROLINA U563 OFFICE:(252) 637-2727 FAX (252) 636-2448 LANDSURVEYOR ROBERT H. DAVIS, PLS 7175 HIGHWAY 70 BAST n NEW BERN,NORTHCAROLUM 28562 J COPYRIGHT 02007 BY THOMAS ENGINEERING PA ALL RIGHTS RESERVED. THESE DRAWINGS ARE [^� INSTRUMENTS OF SERVICE AND AS SUCH REMAIN THE PROPERTY OF THOMAS ENGINEERING PA J • r.' NEITHER THIS DOCUMENT NOR ANY PART OF THIS ( , DOCUMENT MAY BE REUSED, REPRODUCED OR ^ TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL INCLUDING BUT NOT W ID19TED TO PHOTOCOPYING, MICROFamNG AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT PERMISSION IN WRITING FROM THOMAS ENGINEERING P.A. �I PROGRESS DRAWINGS DO NOT USE FOR CONSTRUCTION w AERUL MIA PLANTATION HARBOR WASTEWATER SPRAYIRRIGATION SYSTEMS MODIFICATIONS TOWNSHIP # 5, CRAVEN COUNTY, NORTH CAROLINA SCALE: 1-200' DATE: 1-1-7 PROJECT#-, 99NI SHEET: 3o15 1 _—iuimiw I' t�l-III:'yM a CPRF. TYa)� ` / S55 s yW x - .•' � NvluUre �� - f .f k h. _36 6h11K 4F Is HE9 = m . _ L •AANE\ENCE. 1 '43 CT CH-CF. )_'NS PNC CFA If.. S ^.. DA AGE CPC 2. REM V EL -1 A Ai 6EH `JD DAIS AS NEE.:: -_EJENT \ hG_ E CHA\', D /LAND. 0 - L_OA' IVY EL O A.J /��l/ -FE o79NE CHEC✓ C4Af AND F .E`/E •- Eh< m s R Tv sST %T�'��/�.N 4IHEICRTiS ..D.,P05ADD Sc "TI]ESTC C4'.1 t.5 IIILII,I SECTION A -A 5.Op_ \ ce / //.. fin/Y////fj /, �Yf ij l^�;/// /f✓/ I/ f./ \�� "-'•�� + ZIP -=.AP �P SDES D, 51IEE%AY—� _► . NDTE: K'Y THE 5TT:E `////�19`'.':D =E OITCF EANKS A JlPJM OF TD AVOD \\�2' WASHCJ S F.JfJ OFLGW ARD.D �-\' GENERAL NOTES: D4,P i v =wEE80Az0 Z ""aE I. WIRE SHALL BE A MINIMUM OF 32" N WIDTH AND SHALL 105 WPSFE = °oavo HAVE A MINIFBIM OF fi LINE WIRES WITH 12" STAY SPACING.GHA=S 75'-100A E,D a OF OHEC✓. CAu _. FILTER FABRIC SHALL BE A MINIMUM OF 36" IN WIDTH _ „, .AND SHALL BE FASTENED ADEQUATELY TO THE WIRE AS "�" E. R1P AP DIRECTED BY THE ENGINEER. q1 3. STEEL POSTS SHALL BE YIN HEIGHT AND SHALL BE PLAN ~ OF THE SELF -FASTENER ANGLE STEEL TYPE. — '1-�-- IAR=S 4. WOOD POSTS SHALL BE A MINIMUM OF 6' N HEIGHT AND 3" OR MORE N DIAMETER WIRE FABRIC SHALL BE FASTENED TO WOOD POSTS WITH NOT LESS THAN N9 WIRE STAPLES I-1l2" LONG. TEMPORARY GRAVEL & RIP -RAP CHECK DAM TEMPORARY SILT FENCE 2 STRANDS BARBED 'MRE NOTE: PERIMETER FENCE "NO TRESPASSING" SIGNS AT ++ 100—FOOT INTERVALS yy� L f GRADE 1 i - ADE X MAX SLOPE _ .3% ; E_ DER SCALt = =; ST NO GRACE EXISTINC GRACE MAX SLOPE _ .5% GI-C CRJSS SCHEDULE OF DRAWINGS NAME SHEET COVER I SITE PLAN 2 ARIEAL MAP 3 SEDIMENTATION & EROSION 4 CONTROL PLAN DETAILS 5 OWNER/DEVELOPER PLANTATION HARBOR PROPERTY OWNERS 202 SUMTER COURT HAVELOCK, NORTI3 CAROLNA 28532 a CONSULTING ENGINEER THOMAS ENGINEERING P.A. P.O. BOX 1309-403-C AIRPORT RD. NEW BERN, NORTH CAROLN2856A 3 OFFICE: (252) 637-2727 FLAX: (252) 6362348 LAND SURVEYOR ROBERT H. PLS i 1?5 HIGHWAY AY 70 TO EAST NEW BERN, NORTH CAROLNA 28362 "OPYRIGHT C 2007 BY THOM_4S ENGNEERING P.A- ALL RIGHTS RESERVED. THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND AS SUCH REMAIN THE PROPERTY OF THOMAS ENGINEERING P.A. NEITHER THIS DOCUMENT NORANY PART OF THIS DOCUMENT MAY BE REUSED, REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTROMC OR MECHANICAL INCLUDING BUT NOT LIMITED TO PHOTOCOPYING. MICROFILMING .AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM,WITHOUT PERMISSION N WRITING FROM THOMAS ENGINEERING PROGRESS DRAWINGS DO NOT USE FOR CONSTRUCTION DETAILS PLANTATION HARBOR 0 WASTEWATER SPRAY IRRIGATION r , SYSTEMS MODIFICATIOi1S . •WNSHIP fi 5, CRAVEN COUNTY, NORTH CAROLNA SCALE: ITS DATE: IO:OliO? PROJECT d: 9904I SHEET: 5 of 5 SCHEDULE OF DRAWINGS LEGEND Y ^ ^ EXISTNG EDGE OF WOODS CLEARING LLMITS a PERIMETER FENCE SILT FENCE - - - - - - - - EXISTING CONTOURS - - -- - - EXISTING DITCH - PROPOSED DITCH \ PROPERTY BOUNDARY & REVEIW AND \ COMPLIANCE BOUNDARY \ I CHECK DAMN EXISTING STOR9G€ \x - i 9.T H�i[Bxv�tS�s •i EXISTING PRIMARY 1 7rt LAGOON 1.ti 1/2 1 .'tom--e - • • - - - _e Jaue ( Q Pun<uJc I1 � HouSE L SCALED FOR 24 X 36 SIZE PAPER ANY OTHER SIZE SCALE IS REDUCED MAP REFERENCE: PLAT CABINET- G; SLIDE-186-A NAME SHEET COVER I SITE PLAN 2 ARIEAL MAP 3 SEDIMENTATION & EROSION 4 CONTROLPLAN DETAILS 5 OWNERIDEVELOPER 'LANTATION HARBOR PROPERTY OWNERS 202 SUMTER COURT HAVELOCK NORTH CAROLINA 28532 CONSULTING ENGINEER THOMAS ENGINEERNG P.A. P.O. BOX 1309 403 C AIRPORT R.D. NEW BERN, NORTH CAROLINA N563 OFFICE: (252) 637-2727 FAX: (252) 636-2448 LANDSURVEYOR ROBERT H. DAVIS, PLS 7175 HIGHWAY 70 EAST NEW BERN, NORTH CAROLINA 29562 COPYRIGHT C 2007 BY THOMAS ENGINEERING P.A. ALL RIGHTS RESERVED. THESE DRAWINGS ARE INSTRUMENTS OF SERVICE.AND AS SUCH RE\FAIN THE PROPERTY OF THOM.AS ENGINEERING PA. NEITHER THIS DOCUMENT NOR ANY PART OF THIS DOCUMENT MAY BE REUSED, REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL JNCLUDING BUT NOT LIMITED TO PHOTOCOPYING, MICROFILMING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT PERMISSION IN WRITING FROM THOMAS ENGINEERING P.A. PROGRESS DRAWINGS ` DO NOT USE FOR CONSTRUCTION J1 F'ROSION CONTROL. PT _AN PLANTATION HARBOR WASTEWATER SPRAY IRRIGATION SYSTEMS 410DIFICATI0 1V S If fWNSHIP,4 5, CRAVEN COUNTY, NORTH CAROLINA SCALE: P-20V DATE: N;W107 PROJECTa: 98041 SHEET: 4of5 0 HI d - w C� o CD g , CD _ co c a CV � r � 0 V � m 1 r / cry Lm 0 � Lm � m Z J ~ co O u. O o }� H C N s m E <C rn O (sa C) U N � U. O 0 OL Im cV _ .� 2 0 a VC-4 ylrt :j w-• i '. i;i i Tr f , ,.......... y1 40 yU.VU- Vy I V/0- 40' UU.UU" YY VAY 44• UU.UU• IN A k s rr 14 k 11 .t KIC icy ti 076" 46' 00M" W 676° 45' an.00" UN Wir d4' nn nn" W — Name: CHERRY POINT gate: 10/3/2007 Scale: 1 inch equals 2000 feet Location: 034' 52' 48.32" N 076' 45' 09.95" W Caption: Plantation Harbor Wastewater Spray Irrigation Site LEGEND — — — SEWER PRESSURE LIME 0 CLEAN -OUT — -X- GATE VALVE [] TEST LOCAT/ON C CUL-DE-SAC PRIMARY LAGOON PLUG L� GvTEBELLUM r 4 m rW 0 ❑r s GV 2 v�c,�SBURGGv I�.� 15 GV 16_ Arl GV 95 13 GV 14 I / 11 GV 7 / GV 12 SU�%,Q ORjL� V 11 GV 10 ❑ cv 4 �(01 Gv e ' Gv 9 .' d1 5k � Za 7 a� 1 ❑ O S\3 c= GV 6 GV 5 AUGUs-rA CT. PROJECT: PLANTATION HARBOR CRAVEN COUNTY, N.C. TITPRESSURE SEWER LINE SCHEMATIC Ri*fd �UIIIn & Ass deS,It FIGURE: N�SO�i�G Ica In tilU�C""��UfMrM r� im JOB ': 1DRAWN BY: 92I37 BFB SCALE: Ir - 6 DATE: 8 zI�9Z DATE: i GATE VAI.VE5 1,2-,4-,5,6,'11g,9,10, 11,12,13, 14, 15, ii I(e coNCReTg 15W<.kS I Lip I i JOB: 'PLA Wr j i I a 1J VJA,"oZ COMPUTED BY: Ji-S DESCRIPTION: GATE VALV r ACcE_ss Box CHECKED BY: 10 , a' ToP 1JI16W • e I I I IV�TE : �'lFTE2 CioXES RrP1..RCE.0 oN CLERK-Ot1T T%jkN_%JP5 IN A SinllA2 HA.a,Je� a5 S"OWN AgoVE. c Y •a ' � �X� STEED Co,,lL, C REIUF, wl�C- 1 •. "o Z--1 K-72x15 L co►e..&AcI<5 j cow ON C—Acw C1riE OR 6 Q1 Pyc P1PE) ! t 6 PVC SCND 4-0 VALVE PMOTE-aM Z- 1yz xi,'y�k15�s� Co,.,c.3Loc�CS C�He OK SIDE DF Ci -Tl VAUV♦r) FIGV RE 1$ '1 N l ���GooN �QR�: PEA SON x•� —Gate rx- r GV "16 I ForAIn - - - - SEWER PRESSURE LINE n rl FAmour - - GATE VALVE C CUL-DE-SAC LOCATION OF LEAK Q SERVICE CONNECTION RISER ---- LOT LINE (opproximafe) RIGHT OF WAY 3' D PVC MAIN cL- J '90 ter, GV #15 TO SUB'D GATE UM ERNE ANTE B E LL GV #15 TO GV *16;GV 816 TO GV°U & 18;GV #18 TO DISCHARGE 02 try GV 1 ►'� tt �t t ' II 3' 0 PVC MAIN I I I LEGEND - - - - SEWER PRESSURE LINE G CLEHiv-Uul - ->C- GATE VALVE C CUL-DE-SAC CIE LOCATION OF LEAK SERVICE CONNECTION RISER ---- LOT LINE lopproxlmotel RIGHT OF WAY 11P , II I j � 111 1 I, � r i--------------- r, 110 /// NOT i FOUND 109 O --------------- � V 108 \ GV 13 107 ATION HARBOR I TITLE- JOBCRAVEN COUNTY, N.C. 192,37 CID k DRAWN BY: SCALE, CONSULTING ENGINEERS BFB 1/-.,200, AND WDROGEOLOGISTS [a LEGEND x - - - - - SEWER PRESSURE LINE n CLEAN -OUT - ,X- GATE VALVE C CUL-DE-SAC i LOCATION OF LEAK 0 SERVICE CONNECTION RISER ---- LOT LINE (opproxlmote) RIGHT OF WAY �- 3' 0' PVC MAIN i' �� GV 7 105 i i ,�; % GV 1 104 ;: 103 ; i� �' ; \�� '--- �✓___ 102 i i, NOT _ FOUND 101 d - - GV 10 88 ,-� NOT --- _ G V 11,'; FOUND 89 i i 2%2' 0 PVC MAIN -- 2' 0 PVC MAIN SU/G/T�R �No�Tf�Ri��. PROJECT: PLANTATION I RBOR TITLE: Gv's *10 &11 TO GV 1112 FIGURE: JOB •: 9213 7 DRAWN BY, SCALE: BFB r - 200, (� CRAVEN COUNTY N.C. CONSULTING ENGINEERS12 AND HYDROGEOLOGlSTS LEGEND - x ~ SEWER PRESSURE LINE CLEAN -OUT — X- GATE VALVE C CUL-DE-SAC 'CIF LOCATION OF LEAK 0 SERVICE CONNECTION RISER ---- LOT LINE (opproxlmofe) RIGHT OF WAY / I / i' i 100 / i n � 98 2' 0 PVC MAIN - - ni rsO�jTN�4/IMF GV 9 rnvdtLI: TITLE. I Lb I SLC I JUN #9 PLANTATION HARBOR GV's #8 & 9 TO GV #10 DRAWN CRAVEN COUNTY, N,C. 92137 BFB Y p SCALE: 200' CONSULTING ENGINEERS AND HYDROGEOLOGISTS GV 7; 2%2' 0 PVC MAIN ` G V 4 , 7. 87 86 GV 485 <� LEGEND — — — - SEWER PRESSURE LINE 0 CLEAN -OUT — X - GATE VALVE C CUL-DE-SAC CIE LOCATION OF LEAK SERVICE CONNECTION RISER ---- LOT LINE (approxlmale) RIGHT OF WAY_ 11 \\ r 2' 0 PVC MAIN 1� 84 83 ;� 55 1 56 GV GV 6 - -- -- A UGUS TA CT. PROJECT: TITLE: TEST SECTION IG FIGURE PLANTATION HARBOR GV's *5 & 6 TO GV #7 EMU CAU I AmmyIvo 8 Joe DRAWN BY: SCALE: CONSULTING ENGINEERS CRAVEN COUNTY N.C.1921371BFB I'.200' AND WDROGEOLOGISTS r LEGEND — — — — SEWER PRESSURE LINE CLEAN -OUT — X— GATE VALVE C CUL-DE-SAC LOCATION OF LEAK 0 SERVICE CONNECTION RISER --- =LOT LINE (opproxlmale) RIGHT OF WAY I i iY2' 0 PVC MAIN I I 51 � 1I I 55 I 54 I 53 I 52 I I II I j NOT I 50 I FOUND - ---_-_Z--_ _L 28 ---------------------�- 4 NOT NOT I FOUND FOUND I ` 27 I 24 j 25 j 26 \, ---NEW SERVICE 23 j 1 i \ CONNECTION I ' I I AU GUST A COURT (sOUTH) PROJECT: TITLES TEST SECTION #4 9*rd Ulin & AWdes Im FIGURE: PLANTATION HARBOR CO 15 to Gv 15 CRAVEN COUNTT, N.C. 92137 DRBFB Y' lsca200 C0�S0I,1�G ICEMa� m LEGEND — — — — SEWER PRESSURE LINE o rFAN-OC.IT —— GATE VALVE C CUL-DE-SAC LOCATION OF LEAK 0 SERVICE CONNECTION RISER ------ LOT LINE (approxlmote) RIGHT OF WAY GV 1 1Yz' 0 MAIN PLANTATION HARBOR TITLE: TEST SECTION #2 Ilfcard Cdlln & Aso des, Ix HAR R CO #2 TO GV #2 CRAVEN COUNTY, N.C. 92137 JOB DRAWN BFB BY: �SCA200 W�S01'�fNG �G�S �D �DROGlI�OGfSfS +`�+ FIGURE: I IY2 0 MAIN G Vj 2 , i , 1 LEGEND — — — — SEWER PRESSURE LINE O CLEAN -OUT — �(— GATE VALVE CUL-DE-SAC LOCATION OF LEAK Q SERVICE CONNECTION RISER ------ LOT LINE (opproxlmote) i RIGHT OF WAY T TELEPHONE LINE BREAK I r I I I t I 64 1 i 1 63 � i 1 62 I I 61 , FORMER SEWER ' 1 ` �- �1 LINE LOCATION i 13 14 I - IFORMER CLEAN OUT 17 i •1 LOCATION I I Aso U T� NEW SEWER / ) LINE LOCATION J I ,4Q, r , 12 , 1 - PROJECT: �- PLANTATION HARBOR TITLE: TESTSECTION # 1 CO # 1 TO G V #1 Rl*rd Wjln &de5, Illu. FIGURE: CRAVEN COUNTY, N.C., ���U G11VID6GAJ Ijjjj j�Q�Q� u `�►u W JOB ': DRAWN BY: SCALE: 08 37 BF B ll'= Zee' i 2Y2' 0 PVC MAIN i\ G V 3 AA17-E8E LEGEND — — — — SEWER PRESSURE LINE O CLEAN -OUT — X— GATE VALVE C CUL-DE-SAC LOCATION OF LEAK Q SERVICE CONNECTION RISER ------ COT LINE lapproxlmatel RIGHT OF WAY 83 74 75 76 77 82 j I j I 78 ; I 81 C� 79 80 ` , I_ ' 65 1 j - 2 ' 9 PVC MAIN - '--- ------' t I 66 —1 GV 2 - ��C G V 1— �EBE CE e PROJECT: I TITLE: TEST SECTION #3 FIGURE: PLANTATION HARBOR CRAVEN COUNTY, N.C. GV, s# 1& 2 TO G V# 4 N*rd Cdlb & R des, It l 1 MIMI% 6111tM 6� J�!<Nt69JXM 1/ MA 1 5--1 JOB ": 92137 1 DRAWN BY: BFB SCALE: IV= 200'1 LFGEND — — — - SEWER PRESSURE LINE O CLEAN -OUT — X- GATE VALVE CUL-DE-SAC LOCATION OF LEAK SERVICE CONNECTION RISER ---- LOT LINE (approxWe) RIGHT OF WAY Q 11♦ ! �` � 1 --i '1 It IV2' 0 PVC MAIN- !� 1 1 1 1 1 y1 1 , 1 , 1 \'� ! 58 57 'i 6 i1 li G V G 59 1 G0 NOT NOT '1 ! FOUND �NOT 1 FOUND; i 22 FOUNW1 20 1, 21 '1 1 19 1 18 1 1 ; � 1 1 l ; 1 i , AUGUSTA (NO RT H PROJECT: PLANTATION HARBOR TITLE: TEST SECTION 1 5 CO #G TO GV #G C�11,IN FIGURE: (� CRAVEN COUNTY N.C. CONSULTING ENGINEERS AND HYDROGEOLOGISTS 7 JOB •: 92137 DRAWN BY: BFB SCALE: P . 200' LFGEND SEWER PRESSURE LINE O CLEAN -OUT -- GATE VALVE C CUL-DE-SAC LOCATION OF LEAK SERVICE CONNECTION RISER ---- LOT LINE (approximate) RIGHT OF WAY `41 , 42 40 .� 43- �; 39 i� 38l 44 ------ �` _ 37 1%2' 0 PVC MAIN G v 8 G v 9 36 45 NOT --- FOUND35 1 46 34 47 '1 48 1, '� ' . ^ Imo. 33 49 1 3231 (� � 30 �. 29 50 TEST SECTION 07 (CO 06 TO GV'n "8 & 9) 'EST SECTION •8 (CO M9 TO GV 09) PLANTATION HARBOR TEST TEST SECTION #7 &�� IRICfl�RD C�79,IN FIGURE J0e N DRAWN BY: scAl � ;ONSULTING ENGINEERS CRAVEN COUNTY N.C. iL 92137 8F8 P • 200' AND WDROGEOLOGISTS 1V2' 0 PVC MAIN G V '11 89 / 97 LEGEND — — — - SEWER PRESSURE LINE G CLEAN -OUT — X- GATE VALVE (J CUL-DE-SAC ' LOCATION OF LEAK Q SERVICE CONNECTION RISER ---- LOT LINE (approxlmate) RIGHT OF WAY 91- 96 92 1 95 NOT FOUND i! 94 O 93 \I�j S\A Q� 1� ►i 'PROJECT: PLANTATION HARBOR TITLE: TEST SECTION 110 #12 *tl NCO CAD k FIGURE: o To GV ggT CRAVEN COUNTY, N.C. CONSULTING ENGINEERS AND HYDROGEOLOGISTS ` II JOB •: DRAWN BY: 92137 8F8 SCALE: /-. 200, 3' 0 PVC MAIN LEGEND - - - - SEWER PRESSURE LINE o CLEAN -OUT - -X- GATE VALVE C CUL-DE-SAC CIE LOCATION OF LEAK SERVICE CONNECTION RISER ---- LOT LINE (approxlmale) RIGHT OF WAY r r' f , r' GV 13 GV 7 PROJECT: TITLE: ILS1 SEITION 112FIGURE: PLANTATION HARBOR GV's 07 & 12 TO GV #13 tau au & mul (� CRC AVEN COUNTY N.L. CONSULTING ENGINEERS AND HYDROGEDLOGISTS JOB "s DRAWN BY: SCALE. 192137 BFB P 200 4' GV 15 1, 1 ------------------- NOT FOUND 115 LEGEND — — — - SEWER PRESSURE LINE G CLEAN -OUT — -X- GATE VALVE C CUL-DE-SAC LOCATION OF LEAK SERVICE CONNECTION RISER ---- LOT LINE (approximate) RIGHT OF WAY 114 t GV 14 PROJECT: I PLANTATION HARBOR TITLE: TEST SECTION #14 #14 #15 lM CM l FIGURE: GV TO GV CONSULTING ENGINEERS l�A •: DRAWN BY: SCALES J0837 N.C.JOB CRAVEN COUNTY C BFL 1° • 2oa AND IIYDROGEOLOGISTS lOB: COMPUTED BY: 'us DESCRIPTION: GATE;. Vn'-`f6 / cCC"S 3vx CHECKED BY:— 1- i Al/ LII\ 0 �" c B� y l C GU�JGIZCT� GIT DATE: 81 Z 1�9 2 DATE_ C.Aar trzwo j il•-= I A03U5TI\TSUF SC►'IEW V A l_V E B U x t A, SC' V1 A '� CLAE�S — 3 o B .1 .I I ' I I _ 'PAV t"G f / G (b SCHD' Q VA0vg I ? ;j )( PVC Sl-EEI G +,TF- It i I Vnw E 1 i 1 RE-PLACP-r-+E-aSC aF CZA±E\�ALJ�i *4 1 17 4 1%- F= ICI pze �-] Richard Catlin & Associates, Inc. CONSULTING ENGINEERS RC� AND HYDROGEOLOGISTS BYLAWS OF PLANTATION HARBOR PROPERTY OWNERS ASSOCIATION, INC. ARTICLE I Offices Section 1. Princizal Office: The principal office of the Corporation shall be located in Craven County, North Carolina. Section 2. Re istered Office: The registered office of the Corporation required by law to be maintained in the State of North Carolina may be, but need not be, identical with the principal office. ARTICLE II Meeting of Members Section 1. Place of Meeting: All meetings of members shall be held at the principal office of the Corporation or at such other place in Craven County, North Carolina, as shall be designated in the notice of the meeting or agreed upon by a majority of the members entitled to vote thereat. t Section 2. Annual Meetings: The annual meeting of members shall be held on the first Thursday in November of each year, if not a legal holiday, but if a legal holiday, then on the next day following which is not a legal holiday, for the transaction of such business as properly, may be brought before the meeting. Section 3. Substitute Annual Meeting: If i.he annual meeting shall not be held on the day designated by these Bylaws, a substitute annual meeting may be called in accordance with the provisions of Section 4 of this Article. A meeting so called shall be designated and treated for all purposes as the annual meeting. Section 4. Special Meetings: Special meetings of the members may be called at any time by the President, Secretary, or Board of Directors of the Corporation, or by any member pursuant to the written request of members entitled to cast not less than twenty percent (200) of the outstanding Class A votes. Section 5. Notice of Meetings: Written or printed notice stating the time, place, day, and hour of the meeting shall be delivered not less than five ( 5 ) nor more than fifty ( 50 ) days before the date thereof, either personally or by United States Postal Service, by or at the direction of the President, Secretary, or other person calling the meeting, to each member of record of the Corporation. Notice through the United States Postal Service shall be deemed given upon the mailing of same. In the case of an annual or substitute annual meeting, j the notice of meeting need not specifically state the business to be transacted unless it is a matter upon which the vote of members is expressly required by the provisions of the North Carolina Non - Profit Corporation Act. In the case of a special meeting, the notice of meeting shall specifically state the purpose or purposes for which the meeting is called. Section 6. Voting Lists: A voting list shall not be required to be prepared if the record of members actually presented at the meeting shows in alphabetical order or by alphabetical index, the name of each member with his address, the effective date of each membership, and the number of votes to which each such member is entitled. Section 7. Quor : Except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws, members of the Corporation holding twenty percent (20a) of the votes of each class of membership, represented in person or by proxy, shall constitute a quorum at meetings of the members. If there is not a quorum at the opening of the meeting of the members, such meeting may be adjourned from time to time by the affirmative vote of the majority of the members present. or represented by proxy and voting on the motion to adjourn; and at any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the original # meeting. The members at a meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum in attendance. Section 8. Proxies: A member may vote either in person or by one or more agents authorized by a written proxy executed by the member or his duly authorized attorney -in -fact. A proxy shall not be valid after the expiration of eleven (11) months from the date of its execution unless the person executing it specifies therein the length of time for which it is to continue in force, or limits its use to a particular meeting. Every proxy shall be revocable. Section 9. Voting: Except for the election of directors as hereinafter provided, and except for other specific exceptions provided in the Declaration, the Articles, or these Bylaws, a majority of the votes of members entitled to be cast by the members present or represented by proxy, separately computed, on any matter at a meeting of members at which a quorum is present : shall be the act of the members on that matter. Voting on all matters except the election of directors, matters affecting dissolution of the Corporation, matters 1 affecting the disbursement of insurance or eminent domain proceeds, or matters which according to the Articles or the Declaration require a vote greater than a majority shall to by 2 voice vote or show of hands, unless, prior to the voting on any matter a demand for a ballot vote on such matter is made by any member present. Section 10. Informal Action: Any action which may be taken at a meeting of the members may be taken without a meeting, if the consent, in writing, setting forth the actions so taken, is signed by all of the members who would be entitled to vote upon such action at a meeting and filed with the Secretary of the Corporation to be kept in the corporate minute book. ARTICLE III l)i rnctnrc Section 1. General Powers: The business and affairs of the Corporation shall be managed by the Board of Directors or by such executive committees as the Board may establish pursuant to the Declaration, the Articles, or these Bylaws. Section 2. Numbed Term, and Qualifications: The number of directors of the Corporation shall be three. The term of office for each director shall be three years and such terms shall be staggered with one director being elected each year. Each director shall hold office until his death, resignation, retirement, removal, disqualification, or his successor is elected and qualifies. Any natural person may serve as a director. Section 3. Appointment and Election of Directors: Except as provided in Section 4, and Section 9 of this Article, the directors shall be elected at the annual meeting of the members. Those persons who receive the highest number of votes shall be deemed to have been elected. _If any member so demands, election of directors shall be by secret ballot. Section 4. Initial Directors and Term of Office: The initial Board of Directors and the expiration of their term of office shall be as follows: Jerry A. Jackson - Term expiring November, 1990 James M. Mead - Term expiring November, 1989 Edward B. Ellis - Term expiring November, 1988 Section 5. Removal of Directors: Directors may be removed with or without cause by a majority vote of the members entitled to vote at an election of directors. Section 6. Chairman: There may be a chairman of the Board of Directors elected by the directors from their number at anv meeting of the board. The chairman shall preside at all meetings of the Board of Directors and perform such other duties as may be directed by the board. 3 Section 7. Compensation: The directors shall not compensate directors for their services as such but may provide for the payment of all expenses incurred by directors in attending regular and special meetings of the board. Section 8. Executive Committee: The Board of Directors by unanimous resolution may designate two or more directors to constitute an Executive Committee to carry on the function of the Board of Directors by exercising all of the authority given said Board except as otherwise provided by law. The designation of an Executive Committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any member thereof, of any responsibility imposed upon it or him by law. Section 9. Vacancies. A vacancy occurring in the Board of Directors may be filled by a majority of the remaining directors, though less than a quorum, or by the sole remaining director, but a vacancy created by an increase in the authorized number of directors shall be filled only by election at an annual meeting or at a special meeting of members called for that purpose. The members may elect a director at any time to fill any vacancy not filled by the directors. _ ARTICLE IV i Meetings of Directors Section 1. Regular Meetings: The annual meeting of the Board of Directors shall be held immediately after, and at the same place as, the annual meeting of the members. In addition, the Board of Directors may provide, by resolution, the time and place for the holding of additional reaular meetings. Section 2. aecial Meetings: Special meetings of the Board of Directors may be called by or at the request of the President or any two directors. Section 3. Notice of _Meetings: Regular meetings of the Board of Directors may be held without notice. The person or persons calling a special meeting of the Board of Directors shall, at least two days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called. Attendance by a director at a meeting shall const--'zute a waiver of notice of such meeting, except where a di:c!:or attends a meeting for the express purpose of obiectina � -�P transaction of any business because the meeting was not law-t—,�1ly called. 4 Section 4. Quorum: A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. Section 5. Manner of Acting: Except as otherwise provided by the Declaration, the Articles of Incorporation, or these Bylaws, the act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. The unanimous vote of the duly elected directors shall be required to adopt a resolution establishing an executive committee or dissolving the corporation. Section 6. Informal Action by Directors: Action taken by a majority of the directors without a meeting is nevertheless board action if consent to the action in question is signed by all of the directors and filed with the minutes of the proceedings of the board, whether done before or after the action so taken. Section 7. Presumption of Assent: A director of the corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his contrary vote is recorded or his dissent is otherwise entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of such action. ARTICLE V , Offi rr-rc Section 1. Number: The officers of the corporation shall consist of a President, a Vice -President, a Secretary, a Treasurer, and such assistant secretaries, treasurers and other officers as the Board of Directors may from time to time elect. Any two (2) or more offices may be held by the same person, except that no officer may act in more than one (1) capacity where action of two (2) or more officers is required. Section 2. Election and Term: The officers or the Corporation shall be elected by the directors at each annual meeting immediately after the directors are elected and shall serve for terms of one year. Each officer shall hold office until t his death, resignation, retirement, removal, disqualificaticn, or his successor is elected and qualifies. All vacancies which may from time to time occur in any office may be filled by the Board of Directors and such appointed -= officers shall serve until the next succeeding annual meet_4ng. 01 Section 3 . Qualifications: The officers may be any natural person and need not be members. Section 4. Removal: Any officer elected by the Board of Directors may be removed by the directors with or without cause. Section 5. Compensation: The officers of the Corporation shall serve without compensation. Section 6. President: The President shall, when present, preside at all meetings of members. He shall sign, with any other proper officer, certificates of membership in the Corporation and any deed, lease, mortgage, bond, contract or other instrument which may be lawfully executed on behalf of the Corporation, except where required or permitted by law to be otherwise signed and executed. In general, the President shall perform all duties incident to the office of President, and such other duties as may be prescribed by the Board of Directors from time to time. Section 7. Vice President: In the absence of the President or in the event of his death, inability or refusal to act, the Vice President, unless otherwise determined by the Board of Directors, shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President. The Vice President, with the Secretary, may sign certificates of membership in the Corporation; and shall perform such other duties as from time to time may be assigned to him by the President or the Board of Directors. Section. 8. Secretary: The Secretary shall keep accurate records of the acts and proceedings of all meetings of members. He shall have general charge of the corporate books and records and of the corporate seal, and he shall affix the corporate seal to any lawfully executed instrument requiring it. He shall have general charge of the membership transfer books of the Corporation and shall keep, at the principal office of the Corporation, a record of members alphabetized as to name and showing the address of each member, and the percentage of membership of the Corporation and the number of votes held by each. He shall sign such instruments as may require his signature, and, in general, shall perform all duties incident to the office of Secretary and such other duties as may be assigned him from time to time by the President or the Board of Directors. Section 9. Treasurer: The Treasurer shall have custody of all funds and securities belonging to the Corporation and shall receive, deposit or disburse the same under the direction of the Board of Directors. He shall keep full:_ and accurate accounts of the finances of the Corporation in '::ccks especially provided for that purpose; and he shall cause a ---ue statement of its assets and liabilities as of the close of oach fiscal year and of the results of its operations land of changes in surplus for such fiscal year, all in reasonable detail, ce 0 made and filed at the registered or principal office of the Corporation within four months after the end of such fiscal year. The statement so filed shall be kept available for inspection by any member for a period of ten years; and the Treasurer shall mail or otherwise deliver a copy of the latest such statement to any member upon his written request therefor. The Treasurer, in general, shall perform all duties incident to his office and such other duties as may be assigned to him from time to time by the President or by the Board of Directors. ARTICLE VI Membership, Certificates, and Transfer Section 1. Membership: A person shall automatically become a member of the Corporation upon his acquisition of title to a Lot in the Subdivision and may become a member in no other manner. Provided, the Declarant shall be a member for each Lot owned within the Subdivision so long as the Declarant owns a Lot within the Subdivision. Section 2. Application for Membership: Application for membership shall consist of notice to the Corporation,. on forms provided by the Corporation, that the applicant has acquired title to a Lot within the Subdivision. All applications shall . automatically be approved by the Corporation. Section 3. Transfer of Membership: Memberships are not transferable. Membership occurs only upon the occurrence of those events set out in this article. No member shall have a property right in the Corporation nor any property right as a member in any membership certificate, if such certificates are issued. Section 4. Suspension or Termination of Membership Rights: The membership rights of a member shall not be suspended so long as the person continues to hold title to a Lot, is not in violation of any rule or regulation of the. Declaration or the Articles, and is not in arrears in payment of any assessment. Such rights as arise because of ownership of any particular Lot shall automatically terminate upon transfer of the Lot in a manner consistent with the restrictions contained in the Declaration, the Articles of Incorporation and these Bylaws. Section 5. Voting: The Corporation shall have two classes of membership: CLASS A - Class A members shall be all owners, with the exception of any owners who qualify as Class B members, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one person holds an interest in any Lot, all such persons shall hold the membership with regard to such Lot in undivided interests. The vote of such multiple owners of a Lot . shall be exercised as they, among themselves, shall determine, but in no event shall any fractional vote be counted or more than one 7 (1) vote be cast with respect to any one (1) Lot. Upon the termination of Class B membership, Class B members shall become ( Class A members. 1 CLASS B - Class B member(s) shall be the Declarant (as defined in the Declaration) 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: (A) On January 1, 1994; or, (B) When the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership; provided, however, that in the event additional land is annexed into the Subdivision pursuant to the development of such additional property by the Declarant as provided in the Declaration and before the date in subparagraph (A) above, Class B Membership shall be reinstated for all lots owned by Declarant until January 1, 1994 or until the total votes in the Class A Membership equal or exceed the total votes in the reinstated Class B Membership. In calculating the number of votes in Class B Membership, all Lots owned by Declarant (specifically including Lots already in the subdivision and those lots newly annexed into the subdivision) shall be included and entitled to reinstated Class B Membership. There is no limit on the number of times Class B Membership may be reinstated. For the purpose of determining members entitled to notice of or to vote at any meeting of the members or any adjournment thereof, or in order to make a determination of the members for any other proper purpose, the Board of Directors may fix in advance a date as the record date for any such determination of members, such record date in any case to be not more than fifty (50) days and, not less than twenty (20) days immediately preceding the date on which the particular action requiring such determination of members is to be taken. If the Board of Directors fails to fix a record date for the determination of members entitled to notice of or to vote at a meeting of the members, then the record date shall be fifty (50) days immediately preceding the date on which the particular action is to be so taken. Provided, however, in the event that a Lot is conveyed after the record date, but before the meeting, unless any member, whether in person or represented by proxy, protests at the meeting or the person shown on the record as the owner casts a vote at the meeting, then the "actual" owner of the Lot may vote at the meeting as if he were the record owner. ARTICLE VII General Provisions Section 1. Seal: The corporate seal of the Corporation shall consist of two concentric circles between :ihich E is the name of the Corporation and in the center of which is inscribed "SEAL"; and such seal, in the form approved by the Board of Directors, shall be adopted by the Board as the corporate seal of the Corporation. Section 2. Waiver of Notice: Whenever any notice is required to be given to any member or director under the provisions of the North Carolina Non -Profit Corporation Act, or under' the provisions of the Declaration, the Articles of Incorporation, or Bylaws of the Corporation, a waiver thereof in writing signed by the person or persons entitled to such notice whether before or after the time stated therein, shall be equivalent to the giving of such notice. Section 3. Amendments: Except as otherwise provided for herein, these Bylaws may be amended or repealed and new Bylaws may be adopted by the affirmative vote of a majority of the members at any regular or special meeting of the members. Provided, however, the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments, including repeal of these Bylaws, while there is a Class B membership. Section 4. Fiscal Year: The fiscal year of -the corporation shall be fixed by the Board of Directors. ARTICLE VIII Duties of Directors The Board of Directors of the Corporation shall have the duty to: (1) Keep or cause to be kept a record of all its acts and affairs and to provide a summarized statement thereof to the members ar least thirty (30) days before the date of the annual meeting; (2) Keep or cause to be kept a record of all the receipts and disbursements and to keep the record open for examination by any member at any reasonable time; (3) Cause to be performed an annual audit of the corporate books; cause to be prepared a statement detailing receipts and disbursements; and each year to present a repor- of the audit and a report of receipts and disbursements to each member not less than thirty (30) days before the date set fcr --he annual meeting; (4) Keep or cause to be kept a record of all administrative rules and regulations adopted by the Boars of Directors; 9 (5) oversee, supervise, and set the compensation for all managers, officers, agents, employees, or other persons employed by the Corporation; (6) Enforce all rules, regulations, restrictions, covenants, conditions, reservations, easements and administrative rules and regulations as are contained in the Declaration, the Articles, these Bylaws, or the Administrative Rules and Regulations adopted by the Board of Directors; (7) Cause to be recorded any liens arising because of the nonpayment of assessments; to foreclose such liens or bring actions at law to collect the amount of indebtedness; and to take such other and further action as is required or allowed by the Declaration, the Articles, or these Bylaws to enforce the rules, regulations, restrictions, covenants, conditions, reservations, and easements contained in the Declaration, the Articles, these Bylaws, or the Administrative Rules and Regulations; (8) Procure and maintain all insurance required by the Declaration, the Articles, or these Bylaws; (9) Maintain or cause to be maintained the Community Use Areas; (10) Fix the amount of the monthly general assessment against each Lot; (11) Send written notice of each assessment to every owner subject thereto; and, ( 12 ) Take such other and further action as is necessary, required or deemed desirable by tM Board of Directors to administer the Subdivision in accordance with the Declaration and the Administrative Rules and Regulations. ARTICLE IX Powers of Directors The Board of Directors shall have the authority to: (1) Exercise for the Corporation, all powers, dut--Jes, and authority vested in or delegated to the Corporation by the Declaration, the Articles, or these Bylaws and not expressly reserved to the members by other provisions of the Declaration, the Articles, or these Bylaws; (2) Employ professional management services, managers, independent contractors, attorneys, accountants, bookkeecers, auditors, appraisers, janitors, and other personnel dccmcd necessary to administer the Corporation, and to prescribe duties and agree on their compensation; 10 (3) Establish such owners' committees as they deem expedient and prescribe the duties and method of selection of the members of each such committee; (4) Do any other lawful act necessary, required or deemed desirable by the Board of Directors for the operation, management, and administration of the Corporation according to the Declaration, the Articles, these Bylaws, or the Administrative Rules and Regulations of the Corporation; (5) Adopt and publish rules and regulations governing the use of the Community Use Areas, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof. ARTICLE X Management The ultimate responsibility for the management of the Subdivision shall be in the Board of Directors. Recognizing, however, that the directors are unlikely to be professionals in the management of a project of this scope, it is hereby provided that the Board of Directors may delegate their duties .and discretions to a professional manager or to a professional management service. Provided, however, any contract, including a contract with a professional management service, entered into by the Corporation prior to the termination of the Class B membership must contain a provision allowing the Corporation to terminate, without penalty or extra charge, the contract without cause at any time after the termination of the Class B membership upon thirty (30) days advance notice. ARTICLE XI Annual Budget and General Assessments At each annual meeting, the Directors shall adopt an annual budget for the fiscal year next succeeding. In setting the amount of the budget, the directors shall consider the amounts necessary to pay the community expenses for the year and shall make provisions for extraordinary expenses and for payments to the Capital Improvement and Replacement Fund. Furthermore, in setting the amount of the budget, the directors shall consider the restrictions and limitations, if any, on the monthly general assessments as set forth in the Declaration. If for any reason whatsoever the Board of Directors should fail to hold their annual meeting or should simply fail tc take any action in regards to the annual budget for the Corporation for the succeeding fiscal year, then the annual budget of the year immediately preceding such year shall automatically be adopted and approved as the annual budget for the Corporation for the succeeding fiscal year. 11 `- The annual budget of the Corporation for the succeeding fiscal year shall then be divided by the number of lots subject to the monthly general assessments at the time of the annual meeting of the members and the quotient shall be the annual general assessment per lot for the succeeding fiscal year. The annual general assessment per lot shall then be divided by 12 to determine the monthly general assessment per lot. Provided, however, the monthly general assessment shall be subject to such limitations and restrictions, if any, as set forth in the Declaration. However, any lot which is owned by a Class B member, and therefore subject to only a portion of the monthly general assessment, shall only be considered one-fourth (4) of a Lot when determining the number of Lots within the Subdivision subject to the monthly general assessments. ARTICLE XII Record of Assessments (1) The Treasurer of the Corporation shall keep a record of levied and collected assessments, including general and special, due and payable to the Corporation by each Lot owner. (2) Any person who desires to obtain a record of the assessments due and payable by any Lot owner, for any good and sufficient reason, including but not limited to, the examination of the title thereof in connection with a purchase, sale or financing, may obtain a copy of the assessments due and owing by a Lot from the Treasurer. (3) Upon written request signed by the owner of the Lot or Lots for which a certificate hereunder is requested, by the prospective purchaser of such Lot or Lots, or by the attorney of either, which request is in the form provided on Attachment A attached hereto and incorporated herein by reference, and is mailed to the Treasurer, at the address of the Registered Agent of the Corporation last recorded in the office of the Register of Deeds of Craven County, North Carolina, and which request is accompanied by a check in the sum of $3.00 made payable to the Corporation, the Treasurer shall furnish a certificate in writing signed on behalf of the Corporation, its successors or assigns, certifying either that all assessments levied by the Corporation on a specified Lot or Lots have been paid or enumerating therein all assessments and interest thereon which remain unpaid. such certificate shall be conclusive evidence as to a lender or bona fide purchaser for value of payment of all assessments levied by the Corporation other than those enumerated therein as remaining unpaid. (4) In the event that the request for a certificate pursuant to Paragraph (3) above is mailed by certified mail, return receipt requested, and such request actually is received by the Treasurer, as evidenced by the return receipt therefor, the failure of the Corporation to furnish such certificate to the 12 requesting party at the address stated in such written request shall result. in any such unpaid assessment being unenforceable against any lender or bona fide purchaser for value who shall act in reliance upon the failure of response by the Corporation. (5) The Treasurer may delegate his duties under this Article to such assistants as he deems expedient. ( 6 ) This Article shall not apply to any assessments for which a lien has been filed or a judgment has been obtained in accordance with the Declaration. ARTICLE XIII Administrative Rules and Regulations The Directors may adopt administrative rules and regulations consistent with the provisions of the Declaration, the Articles, and these Bylaws to govern the details of the administration of the Subdivision and to direct any officers and delegees in the performance of their duties and from time to time may amend any such administrative rules and regulations adopted. The administrative rules and regulations shall be kept by -the Secretary in a book separate from these Bylaws and shall: be available for inspection during normal business hours at the principal office of the Corporation. ARTICLE XIV Definitions The definitions of the words "Articles," "Bylaws," "Community ," "Corporation,'.' "Declarant," "person, Use Areas Cor oration . "Subdivision," "Dwelling," and "Lot," as used herein shall be the same as in the Declaration. ARTICLE XV Contracts Loans Checks and Deposits Section 1. Contracts: Consistent with the purpose of the Corporation as contained in the Articles of Incorporation, the Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or lease, or execute and deliver any instrument on behalf of the Corporation, and such authority may be general or confined to specific instances. Section 2. Loans: No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless in accordance with the rncuirem�n}� of the Articles of Incorporation and authorized by a resolution of the Board of Directors. Such authority may be general or specific in nature and scope. 13 Section 3. Checks and Drafts: All checks, drafts or other orders for the payment of money issued in the name of the Corporation shall be signed by such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. Section 4. Deposits: All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such depositories as the Board of Directors shall direct. ARTICLE XVI Declaration The Declaration of Covenants, Conditions, Restrictions and Easements of Plantation Harbor, which is recorded in Book 1202 , Page 36 , in the office of the Register of Deeds of Craven County is incorporated herein as if fully set forth herein. ARTICLE XVII Information The books and all supporting documentation, the Declaration, the Articles of Incorporation, these Bylaws and any Rules and Regulations, and all amendments thereto shall be available for examination by all Lot Owners and their lenders or their lenders' agents during normal business hours at the principal office of the Corporation. i Upon the written request of any holder, insurer or guarantor of any first mortgage on a I,ot, the Corporation shall provide an audited financial statement for the preceding fiscal year to the party making the request. If at the time of the request one is unavailable, the Corporation shall take steps to have an audited financial statement prepared as soon as possible. Furthermore, upon the written request of any holder, insurer or guarantor of any first mortgage on a Lot stating the mortgage holder's name and address and the Lot Number which the mortgage holder holds a mortgage on, the Corporation shall pro•:ide timely written notice of the following: (1) Any condemnation or casualty loss that affects a material portion of the Community Use Areas; ( 2 ) Any sixty ( 60 ) day delinquency in the paymien-t of assessments or charges owed by the owner of the lot upon .,jhic _he mortgage holder holds a mortgage; (3) Any lapse, cancellation, or material modif:___-ion of any insurance policy or fidelity bond maintained 'he Corporation; 14 r (4) Any proposed action that requires the consent of a specified percentage of Eligible Mortgage Holders; and, (5) Any special or annual meeting of the Corporation, with the right of the mortgage holder to designate a representative to attend such meetings. ARTICLE XVIII Central Wastewater Disposal System The entire central wastewater collection, treatment and disposal system and all appurtenances thereto are part of the Community Use Areas of the Subdivision and shall be properly maintained and operated in. conformity with law and the provisions of the permit issued by the State of North Carolina Department of Natural Resources and Community Development for construction, operation, repair and maintenance of the wastewater system and facilities. The entire wastewater treatment, collection and disposal system shall receive the highest priority for expenditures by the Corporation except for federal, state and local taxes and insurance. The entire wastewater disposal system shall be maintained out of the general and special assessments imposed upon the Lots in the Subdivision. As specified_ in Article E of the Declaration, a Capital Improvement Fund shall be established to collect and maintain a sum reasonably necessary to 1 anticipate the need for repair, maintenance and replacement of capital improvements to the Community Use Areas. The amount collected for the Capital Improvement Fund shall be maintained in a separate account by the Corporation and such monies shall be used only for periodic maintenance, repair and replacement of capital improvements to the Community Use Areas. The Capital Improvement Fund shall be maintained out of the monthly general assessments. As provided in the Declaration, in the event the general assessments and the assessments in the Capital Improvement Fund are not adequate for the construction, repair and maintenance of the wastewater system, Special Assessments as provided in Article F of the Declaration may be imposed to cover such necessary costs. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Subdivision, the Declarant, the Corporation and all Lot Cvners shall take such action as is necessary to cause the existincQ and future wastewater of the Development to be accepted and discharged into said governmental system; and shall convey or transfer as much of the wastewater disposal system, and such necessary easements as the governmental unit may require as a condition of accepting the Subdivision's wastewater. Furthermore, the Corporation may not enter i^ c a voluntary dissolution without first having transferrer _he wastewater collection, treatment and disposal system and facilities to some person, corporation, or other entity accec ablLe 15 to and approved by the North Carolina Environmental Management Commission by the issuance of a permit. A copy of the Operational Agreement with the North Carolina Commission is attached hereto and Environmental incorporated Management herein by reference. ARTICLE XIX Act nni- i nn The undersigned, the initial Board of Directors of the Corporation and the members of the Corporation, hereby adopt these Bylaws as the Bylaws of Plantation Harbor Property Owners Association, Inc. 1?011C �! Jerr A.UJack$on, Director and Member A. Denise Jackson, Member James M. Mead, Director Edward B. Ellis, Director 87-1 ? 91 3NLR 8-29-88 ih.. 16 DATE: TO: RE: Lot Number Gentlemen: ATTACHMENT A 01 Craven County, North Carolina Record Owner: Please provide the undersigned with a certificate that all assessments levied by you upon the above -referenced Lot pursuant to the Declaration recorded have been paid or enumerating therein all charges and interest thereon which remain unpaid. Enclosed is a check in the sum of $3.00 to defray your cost in providing same. Your response should be mailed to the undersigned at: Yours very truly, (Owner, Prospective Purchaser, or Attorney) 87-1191 3NLR 10-04-88- i --4 17 nox t 2 u2PAGE 36 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS r)F PLANTATION HARBOR (A Planned Unit Development) This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF PLANTATION HARBOR made and entered into as of the 3 day of L c &YZ , 1988, by and between JERRY A. JACKSON and wife, A. DENISE JACKSON; and ALL PROSPECTIVE PURCHASERS OR OWNERS of Lots 1 through 39, 80 through 8+, 89 through 98 and 106 through 110, inclusive shown and depicted on the plat entitled "PLANTATION HARBOR" recorded in Plat Cabinet E, Slide 209 through 216, Craven County Register of Deeds Office and any other Lots which are hereafter annexed into the subdivision; W I T N E S S E T H: WHEREAS, Jerry A. Jackson and wife, A. Denise Jackson (hereinafter collectively called Declarant) are the Owners of the Lots and Community Use Areas lying and being situate in Craven County, North Carolina, and being more particularly described as follows: Lots: Lots 1 through 39, 80 through 8+, 89 through 98 and 106 through 110 as'shown on the plat of Plantation Harbor recorded in Plat Cabinet E, Slides 209 through 216, in the Craven County Register of Deeds Office; excepting Lot 18, which is a Community Use Area. Community Use Areas: Those tracts described in Attachment A which is attached hereto and incorporated herein by reference; and, WHEREAS, Declarant desires to develop a planned unit single family residential community and intends by the recordation of this Declaration to impose certain rules, regulations, restrictions, covenants, conditions, reservations, exceptions, and easements contained herein (hereinafter sometimes called Restrictions) on the land depicted on the aforesaid map and any other land which is hereafter annexed into the planned unit development to the end that the Lots and Community Use Areas defined herein shall be held subject to said Restrictions. NOW, THEREFORE, the Declarant does hereby declare that the Restr=c'-ions contained herein shall run with the property defined herein as Lots; shall be a burden on and a benefit to such property; shall be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof; and shall 7--re to the benefit of each Owner of any part thereof. A. r,oF; n; i-; nn� As used herein, (1) "Articles" means the Articles of Incorporation of Plantat__ rnor Property Owners Association, Inc. now 1202?m 37 (2) "Bylaws" means the Bylaws of Plantation Harbor Property Owners Association, Inc. (3) "Community Use Areas" means all real property (including the improvements thereto) and interests in real property now owned or hereafter acquired by the Corporation for the common use and enjoyment of the Owners. The Community Uses Areas to be conveyed to and owned by the Corporation are the areas described in Attachment A, which is attached hereto and incorporated herein by reference. The Community Use Areas are subject to those easements set forth in this instrument, including but not limited to, Article I hereof. (4) "Corporation" means Plantation Harbor Property Owners Association, Inc., its successors and assigns. (5) "Declarant" means Jerry A. Jackson, A. Denise Jackson and any other person or entity who acquires title to ten or more Lots on which no Dwelling has been constructed at the time of such acquisition. (6) "Dwelling" means a structure located on a Lot built in accordance with the requirements of Articles J and L hereof. (7) "Lot" means a separately numbered tract of land shown on the aforesaid plat and, any other separately numbered tract of land which is annexed into the Subdivision upon which a Dwelling is to be built. At the present time, the Lots are numbered 1 through 39, 80 through 84, 89 through 98 and 106 through 110, inclusive excluding Lot 18, which is a Community Use Area. "Lot" shall not include any portion of the Community Use Areas as defined herein. Until such time as the other lots shown on the aforesaid plat have been annexed into the Subdivision as specified herein, these Restrictions shall not apply to them. (8) "Owner" means the record Owner, whether one or more persons, of fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. (9) "Person" or "Persons" means any individual, group of individuals, corporation, partnership or any other entity, including any combination thereof. (10) "Subdivision" means all of the property defined herein as Lots and Community Use Areas and such additions or annexations of property which may hereafter be brought within the jurisdiction of the Corporation. The Subdivision is a planned unit development. (11) "Board of Directors" means the Board of Directors of Plantation Harbor Property Owners Association, Inc. (12) "Declaration" means this Declaration of Covenants, Conditions, Restrictions and Easements of Plantation Harbor and any amendments thereto. (13) "Eligible Mortgage Holder" means any holder, insurer, or guarantor of a first mortgage on a Lot who has requested that the Corporation notify them of any proposed amendment 111 1.11C UCl.l ar al.l on, 11-1 L11c AL Ult 4 1 or the IV,Bylaws. (14) "Recreational Areas" or "Recreation Areas" means those portions of the Community Use Areas which are to provide areas for Lot Owners to engage in recreational 2 activities and %.-jnich are not necessary for ingress, egress or regress or utilities for any Lot or Lot O,vner. 191 Membership (1) A Corporation named Plantation Harbor Property Owners Association, Inc. has been or will be formed pursuant to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate the Community Use Areas and facilities located upon the Community Use Areas, specifically including, but not limited to, ,the entire central wastewater collection, treatment and disposal system and all streets in the Subdivision; to maintain the entrance area, including any fences, guardhouses, or walls constructed at the entrance; to enforce the Restrictions contained herein; and to make and enforce rules and regulations governing the Owners' use and occupation of Lots and Community Use Areas. (2) Each Owner of each Lot within the Subdivision shall be a member of the Corporation. The Declarant, by this Declaration, and the Owners of individual Lots by their acceptance of individual deeds thereto, covenant and agree with respect to the Corporation: (A) That for so long as each is an Owner of a Lot within the Subdivision, each will perform all acts necessary to remain in good and current standing as a member of the Corporation; (B) That each shall be subject to the rules and regulations of the Corporation with regard to ownership of a Lot; and (C) That any unpaid assessment, whether general or special, levied by the Corporation in accordance with these Restrictions, the Articles or the Bylaws shall be a lien upon the Lot upon which such assessment was levied and shall be the personal obligation of the person who was the Owner of the Lot at the time the assessment fell due. (3) Each membership in the Corporation shall relate to and have a unity of interest with an individual Lot which may not be separated from ownership of said Lot. The books and all supporting documentation of the Corporation, the Declaration, the Articles, the Bylaws, and all amendments thereto shaJ 1 be available for examination by all Lot Owners, and their lenders or their lenders' acgznts during normal business hours at the principal office of the Corporation. (4) The Corporation shall have t.✓o classes of members: CLASS A - Class A members shall be all owners, with the exception of any Owners who qualify as Class B members, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one Person holds an interest in any Lot, all such Persons shall be members; however, the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote or any fraction of a vote be cast with respect to any Lot. For so long as the Declarant is a Class B member, it shall not be a Class A member. CLASS B - Class B member(s) shall be the Declarant and they shall be entitled to three 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: ( T 1 H) On january 1, 1994; or, 3 (B) lhen the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership; provided, however, that in the event additional. land is annexed into the Subdivision pursuant to t'�e development of such additional property by the Declarant as provided in this Declaration and before the date in subparagraph (A) above, Class B Membership shall be reinstated for all lots owned by Declarant dntil January 1, 1994 or until the total votes in the Class A Membership equal or exceed the total votes in the reinstated Class B Membership. In calculating the number of votes in Class B Membership, all Lots owned by Declarant (specifically including Lots already in the subdivision and those lots newly annexed into the subdivision) shall be included and entitled to reinstated Class B Membership. There is no limit on the number of times Class B Membership may be reinstated. C. Manauement and Administration The management and administration of the affairs of the Community Use Areas Corporation shall be fully responsible for the maintenance of the Subdivision shall be the sole right and responsibility of the Co,rporation. The t and oeration of the entire wastewater collection, treatment managemenand disposal system and all ropads and streets in the Subdivision. The management shall be carried out in accordance with the terms and conditions of these Restrictions, the Articles and the Bylaws of the Corporation, but may be delegated or contracted to managers or management services. Provided, however, any contract, including a contract with a professional management service, entered into by the Corporation prior to the termination of the Class B membership must contain a provision allowing the Corporation to terminate, without penalty or extra charge, the contract without cause at any time after the termination of the Class B membership upon thirty (30) days advance notice. and agreement between Corporation and Jerry A. E�ccept the contract Jackson and A. Denise Jackson provided in the deed from Jerry A. Jackson and wife, A. Denise Jackson to the Corporation for Community Use Areas shall not be terminable except upon written consent of Jerry A. Jackson and Corporation. The roads and streets in the Subdivision shall not be maintained by the State or County. The Corporation affirmatively assumes the responsibility and agrees to maintain the roads and streets in the Subdivision. LHI Community Ex-penses The Community Expenses of the Subdivision include: (1) All amounts expended by the Corporation in operating, administering, managing, repairing, replacing and improving the Community Use Areas of the Subdivision specifically including, but not limited to, the entire wastewater treatment, collection and disposal system, and all of the streets and roads in the Subdivision; all amounts expended by the Corporation in maintaining the entrance area, including any fences, guardhouses, or walls; all amounts expended by the Corporation in insuring the Community Use Areas in the Subdivision; all amounts expended by the Corporation in legal, engineering, or architectural fees; all similar fees which may be incurred by the Corporation from time to time in performing the functions delegated to the Corporation by these Restrictions; and all amounts expended in any form by the Corporation in enforcing these Restrictions, the Articles or the Bylaws. (2) All amounts expended by the Corporation in carrying out any duty or discretion as may be required or allowed by these Restrictions, the Articles or the Bylaws. (3) All amounts declared to be Community Expenses in the Bylaws or in these Restrictions. (4) All taxes and special assessments which may be levied from time to time by any governmental authority upon the Community Use Areas in the Subdivision. E. Monthly General Assessments (1) The Declarant for each Lot owned hereby covenants and each Owner of any Lot by acceptance of a deed for same (whether or not it shall be so -expressed in such deed) is.deemed to covenant and agrees to pay to the Corporation monthly general assessments or charges as hereinafter provided. The monthly general assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land and, subject to the provisions of Paragraph 8 of this Article, shall be a continuing lien upon the property against which each such assessment is made. Furthermore, each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of the Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot. (2) Until January 1, 1989, the monthly general assessment shall be Thirty - Five Dollars ($35.00) per Lot. (A) From and after January 1, 1989, the monthly general assessment may be increased each year not more than ten percent (10a) above the assessment for the previous year without any vote of the membership. (B) From and after January 1, 1989, the monthly general assessment may be increased by an amount greater than ten percent (100) of the assessment for the previous year provided the proposed increase is approved by a vote of two-thirds (2/3) of each class of members who are voting in person or by a proxy, at a meeting duly called for this purpose. (C) The Board of Directors may fix the monthly general assessments which come due after January 1, 1989, at an amount not in excess of the ceiling established herein. (D) Once the monthly general assessment has been set, notice of the monthly general assessment shall be given to all Lot Owners by hand delivery or by placing written notice in the United States Postal Service with postage prepaid to the last address shown on the Corporation's records. After the initial notice of the assessment, no bills for such assessment will be forwarded to any Owner but such assessment thereafter shall become due and payable as provided by the Board of Directors. (E) As provided in the Bylaws and subject to the restrictions and limitations provided herein, the Board of Directors shall establish an Annual Budget 5 nu t 2 0 2PA6E 41 in advance for each fiscal year. Such budget shall project all expenses for the forthcoming fiscal year which may be required for the proper operation, management and maintenance of the Corporation and the Community Use Areas, including a reasonable allowance for contingencies and reserves. The budget shall take into account any projected or anticipated income. The Board of Directors shall keep separate, in accordance with Paragraph "F" hereof, items relating to the daily operation, management and maintenance of the Corporation and Community Use Areas from items relating to capital improvements. Upon adoption of such Annual Budget by the Board of Directors, copies of said Budget shall be delivered to each Owner and the assessment for said year shall be established, subject to the restrictions and limitations provided herein, based upon such budget; however, the delivery of a copy of said Budget to each Owner shall not affect the liability of any Owner for such assessment. The Annual Budget shall be divided by the number of Lots subject to the monthly general assessments at the time of the annual meeting of the members and the quotient shall be the annual general assessment per lot for the succeeding fiscal year. The annual general assessment per lot shall then be divided by twelve (12) to determine the monthly general assessment per lot, subject to such limitations and restrictions, set forth herein. In determining the number of lots subject to the monthly general assessments, any lot which is owned by a Class B member shall only be considered one-fourth (1/4) of a Lot. (F) The Board of Directors, in establishing the Annual Budget for operation, management and maintenance of the Corporation and Community Use Areas, shall designate therein a sum to be collected and maintained as a reserve fund for the periodic maintenance, repair and replacement of capital improvements to the Community Use Areas, which Capital Improvement and Replacement Fund (Capital Improvement:,_, � shall be for the purpose of enabling the Corporation to maintain, repair or rep structural elements and mechanical equipment constituting a part of the Community Use Areas, as well as the replacement of personal property which may constitute a portion of the Community Use Areas held for the joint use and benefit of the Owners. The amount to be allocated to the Capital Improvement Fund may be established by said Board of Directors so as to collect and maintain a sum reasonably necessary to anticipate the need for repair, maintenance and replacement of Capital Improvements to the Community Use Areas. The amount collected for the Capital Improvement Fund shall be maintained in a separate account by the Corporation and such monies shall be used only for periodic maintenance, repair and replacement of Capital Improvements to the Community Use Areas. The Capital Improvement Fund shall be maintained out of the monthly general assessments. Any interest earned on monies in the Capital Improvement Fund may, in the discretion of the Board of Directors, be expended for daily operation, management and maintenance of the Corporation and Community Use Areas. In establishing the Capital Improvement Fund, specific consideration shall be given to the entire wastewater collection treatment, and disposal system and the streets in the Subdivision. (G) Additionally, a working capital fund shall be established for the initial months of the Corporation's operation equal to two (2) months' monthly general assessment for each Lot. Each Lot's share of the working capital fund shall be collected and transferred to the Corporation at the time of closing of the sale of each Lot and maintained in the Corporation's account for the use and benefit of the Corporation. The contribution to the working capital fund for each unsold Lot shall be paid to the Corporation within sixty (60) days after the date of the conveyance of the first Lot in the Subdivision. The purpose of the working capital fund is to insure that the Corporation will have cash available to meet unforeseen expenditures, or to acauirP Raaitinnal arniinmanf nr services deemed necessary or desirable .^.V the Corporation. Amounts paid into the working capital fund are not to be considered as advance payments of regular monthly general assessments. M. nox 1202nn 42 (H) All monies collected by the Corporation shall be treated as the separate property of the Corporation and such :conies may be applied by the Corporation to the payment of any expense of operating and managing the Corporation, or the proper undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws, except that monies placed in the Capital Improvement Fund shall be used only for the specified purposes of said fund. As monies for any assessment are paid into the Corporation by any Owner, the same may be commingled with monies paid to the Corporation by the other Owners. Although all funds, 'including other assets of the Corporation, and any increments thereto or profits derived therefrom or from the leasing or use of Community Use Areas, shall be held for the benefit of the members of the Corporation, no member of the Corporation shall have the right to assign, hypothecate, pledge or in any manner transfer his membership interest therein, except as an appurtenance to his Lot. When the Owner of a Lot shall cease to be a member of the Corporation by reason of his divestment of ownership of such Lot, by whatever means, the Corporation shall not be required to account to such Owner for any share of the fund or assets of the Corporation, including any monies which Owner may have paid to the Corporation, as all monies which any Owner has paid to the Corporation shall be and constitute an asset of the Corporation which may be used in the operation and management of the Corporation. The entire wastewater treatment, collection and disposal system shall receive the highest priority for expenditures by the Corporation except for Federal, State and local taxes and insurance. (3) Written notice of any meeting called for the purpose of taking any action authorized under Paragraph 2(B) shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. I;� required quorum is not present, another meeting may be called subject to the same no_w�.. requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. (4) Annual and special assessments shall, except as otherwise provided herein, be fixed at a uniform rate for all Lots. However, for so long as there is a Class B member of the Corporation, the Lots owned by the Class B member shall be liable for and the Class B member shall pay on each such Lot as a monthly general assessment only twenty-five percent (250) of the amount of the monthly general assessment then being levied by the Corporation on each Lot. This reduction in the amount of monthly general assessments due on Lots owned by the Class B member shall terminate as to a particular Lot upon the Lot being conveyed by the Class B member by deed, lease or rental agreement (excluding mortgage or deed in trust); further, this reduction in the amount of monthly general assessments due by the Class B member shall cease upon the termination of Class B membership as herein provided. However, the reduction shall be reinstated for Lots owned by a Class B member if the Class B membership is reinstated and such reinstatement shall be in force until the Class B membership is subsequently terminated. There is no limit on the number of times the reduction for Class B members may be reinstated. (5) The monthly general assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Ccrosnunity Use Areas to the Corporation. The monthly general assessments shall be payable monthly, with the due date for such payments being as established by the Board of Directors. The payment of any assessment or installment thereof shall be in default :f such assessment or installment is not paid to the Corporation within thirty (30) days o° the due date for such payment. When in default, the delinquent assessment sisal: bear BOOK 12 0 2 r AGE 43 interest at the rate of ten percent (10%) per annum until such delinquent assessment and all interest due thereon has been paid in full. (6) The monthly general assessments levied by the Corporation shall be used exclusively to improve, maintain and repair the Community Use Areas, including the entire wastewater collection, treatment and disposal system and all of the streets and roads in the Subdivision, to pay the expenses of the Corporation, to pay the cost of lighting the Community Use Areas, to pay the cost of maintaining the entrance, to pay the cost of mowing the Community Use Areas, to pay the cost of any insurance the Corporation determines to purchase and to promote the recreation, health, safety and welfare of the members. Taxes, hazard insurance, and maintenance.on Dwellings and Lots shall not be a purpose of said assessments; but rather, shall be an individual cost to be borne by each Lot Owner. (7) The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Corporation setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Corporation as to the status of assessments on a Lot is binding upon the Corporation as of the date of its issuance. (8) The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu therefor, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. F. Special Assessments Special assessments may be levied against Lots for such reasons as are provided in these Restrictions, the Articles or the Bylaws, and on such terms as provided by the directors and the members. Upon a two-thirds (2/3) vote of the Directors and a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose, the Corporation may levy and impose special assessments. The purposes for which special assessments may be levied include, but are not limited to, providing funds to pay Community Expenses which exceed the general assessment fund then on hand to pay same (specifically including the cost of any construction, reconstruction or repair or replacement of a capital improvement upon the Community Use Areas, including fixtures and personal property related thereto) and providing a contingency fund for capital improvements and extraordinary expenses. Furthermore, special assessments may be assessed against specific Lots. In the event the Owner of a Lot fails to maintain the Lot and prevent the unattractive growth or accumulation of rubbish on a Lot, or fails to maintain the individual lift stations (including the tanks, pumps and electrical controls to such) on the Lots, the Corporation, upon a two-thirds (2/3) vote of the Directors, may perform such task or remedy such matter and levy the cost of such performance against the Owner of such Lot and such Lot as a special assessment. Corporation specifically reserves an easement over, upon and through any and all Lots for such purpose. Notwithstanding anything contained tacic111, leaving I...11C LVLS 1n their natural wooded State Snail be permitted. Special Assessments, together with interest, costs and, reasonable attorneys' fees, shall be a charge and lien on the land and subject to the provisions of Paragraph 8 of Article E, shall be a continuing lien upon the property against which each such 8 Boor l 202Pa6E 44 assessment is made. Furthermore, each such assessment, together with interest, court costs, and reasonable attorneys' fees, shall be the personal obligation of the person who was the owner of the Lot at the time when the assessment fell due. The personal obligation for delinquent special assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent special assessments shall continue to be a lien upon such Lot. Written notice of any meeting of the members called for the purpose of levying and imposing special assessments shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. Lien for Assessments Any general or special assessment, if not paid within thirty (30) days after the date such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court costs, and reasonable attorneys fees _shall constitute a lien against the Lot upon which such assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of Superior Court of Craven County or file a suit to collect such delinquent assessments and charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein. H. Compliance With This Declaration, The Articles and The Bvlaws of the Corporation In the case of failure of a Lot Owner to comply with the terms and provisions contained in these Restrictions, the Articles or the Bylaws of the Corporation, the following relief shall be available: (1) The Corporation, an aggrieved Lot Owner or Owners within the Subdivision on behalf of the Corporation, or any Lot Owner on behalf of all the Lot Owners within the Subdivision shall have the right to bring an action and recover sums due, damages, injunctive relief, and/or such other and further relief as may be just and appropr_ate. (2) The Corporation, upon compliance with the notice and hearing provisions specified herein, shall have the right to remedy the violation and assess the -"s of remedying same against the offending Lot Owner as a special assessment. �r ::'ed, however, the Corporation shall not alter or demolish any items of constn,cti,_n .,_•�nuf prior court approval. 9 6.0K 1 2U2PAGE 45 (3) If the violation is the nonpayment of any general or special assessment upon compliance with the notice and hearing provisions specified herein, the Corporation shall have the right to suspend the offending Owner's voting rights and the use by such Owner, his agents, employees and invitees of the Recreation Areas in the Subdivision for any period during which an assessment against the Lot remains unpaid. (4) The remedies provided by this Article are cumulative, and are in addition to any other remedies provided by law. (5) The failure of the Corporation or any Person to enforce any restriction contained in these Restrictions, the Articles or the Bylaws shall not be deemed to waive the right to enforce such restrictions thereafter as to the same violation or subsequent violation of similar character. (6) (a) Notice. In the event the Declaration, a rule or restriction contained in the Declaration or Bylaws of the Corporation, or a rule or regulation adopted pursuant thereto is violated (including nonpayment of assessments), the Board of Directors shall serve the violator and Owner with written notice sent by certified mail return receipt requested to the violator and the Owner (at the Lot address or at any other address or addresses that the Owner may have designated to the Corporation in writing), which shall contain: (i) the nature of the alleged violation; (ii) the proposed sanction to be imposed; (iii) a statement that the violator may challenge the fact of the occurrence of a violation, the proposed sanction, or both; (iv) the name, address, and telephone number of a person to contact to challenge the proposed action; and (v) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within ten (10) days of the date of the notice. If a challenge is not made, the sanction shall be imposed not less than ten (10) days from the date of the notice. (b) Hearing. If the alleged violator challenges the proposed action within the time period allowed, a hearing before the Board of Directors shall be held in executive session affording the alleged violator a reasonable opportunity to be heard. The hearing shall be set and notice of the time, date (which shall not be less than ten (10) days from the giving of notice), and place of the hearing and an invitation to attend the hearing and produce any statements, evidence, and witnesses shall be sent to the alleged violator. Prior to the effectiveness of any sanction hereunder, proof of notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. (c) Additional Enforcement Rights. Notwithstanding any other provisions in the Declaration or the Bylaws to the contrary, the Corporation, acting through its Board of Directors, may elect to enforce any provision of the Declaration, the Bylaws, or the rules and regulations by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity for compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the owner or occupant responsible for the VlolatI ':or wIIl h abatemient _L SOiiglit Sliaii pay ail GOStS, including reasonable attorney's fees actually incurred. 10 $aoK 1202PA6E 46 I. Property Ri hts of Lot Owners Cross -Easements, and Exceptions and Reservations by Declarant (1) Every Owner of a Lot within the Subdivision as an appurtenance to such Lot shall have a non-exclusive perpetual easement over and upon the Community Use Areas within the Subdivision for each and every purpose or use to which such Community Use Areas were intended as determined by their type, or for which such Community Use Areas generally are used. Every Lot in the Subdivision shall have and is hereby granted a non-exclusive right to use the central sewage system for the sewage from a dwelling constructed on the Lot. Such easements and rights shall be appurtenant to and shall pass with the title to every Lot located within the Subdivision, whether or not specifically included in a deed thereto, subject to the following provisions: (A) The Corporation shall have the right to make reasonable rules and regulations respecting the use of same. Specifically including the right to construct a gate, guardhouse, and take other security measures in the Community Use Areas upon a majority vote of the members. (B) The Corporation shall have the right, upon compliance with the notice and hearing provisions specified herein, to suspend the voting rights of'a Lot Owner and his right to use the Recreation Areas within the Subdivision for any period during which any due assessment against such Owner's Lot remains unpaid as is provided in Article H hereof, and for a period not to exceed sixty (60) days for any infraction of its published Rules and Regulations. (C) Parking in the Community Use Areas may be restricted and assigned by the Corporation to such parking areas as may be determined and designated by the Corporation. The Corporation may make reasonable rules respecting parking. (D) The Corporation shall have the right to charge reasonable admission and other fees for the use of any recreation facility situated upon the Community Use Areas. (E) The right of the Corporation to dedicate or transfer fee simple title to all or any part of the Community Use Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. (2) The Corporation hereinafter may grant easements for utility purposes for the benefit of the Subdivision and the Lots now or hereafter located therein, over, under, along and through any Community Use Area located within the Subdivision. (3) Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to -the Community Use Areas and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. ' (4) Easements for the installation and maintenance of utilities and drainage facilities as shown on the recorded plat are hereby reserved by the Declarant. :cept 11 Bom t202n4u 47 as otherwise provided herein, no structure, fence, planting, or other material shall be placed or permitted to remain within these easements, which may interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. Declarant specifically reserves the right to grant any public utility or municipality, including Carteret -Craven Electric Membership Corporation, similar nonexclusive easement rights in said utility and drainage easements shown on the aforesaid plat and reserved herein. (5) The Declarant reserves the right to subject the Lots in the Subdivision to a Contract with Carteret -Craven Electric Membership Corporation, Carolina Power & Light Company or any other public utility or municipality for electricity and lighting to the Lot, including the installation of underground electric cables, which contract may require an initial payment and/or continuing monthly payments to Carteret -Craven Electric Membership Corporation, Carolina Power & Light Company or any other municipality or public utility by the Owner of each Lot. Such expense, including both initial and continuing monthly payments, shall be an individual cost to be borne by each individual Lot Owner and is not covered by the general assessments. (6) The Declarant reserves the right to subject the Lots in the Subdivision to a Contract with Carteret -Craven Electric Membership Corporation, Carolina Power & Light Company or any other public utility or municipality for street lights for the Community Use Areas which contract may require an initial payment and/or continuing monthly payments to Carteret -Craven Electric Membership Corporation, Carolina Power & Light Company or any other public utility or municipality. Such expense is inoluded in the general assessments. (7) Additional residential property and Community Use Areas may be annexed into the Subdivision and the Corporation with the written consent of two-thirds (2/3) of each class of members. Provided, however, additional land within the area described in the deed recorded in Book 1190, Page 115, in the office of the Register of Deeds of Craven County may be annexed by the Declarant without the consent of the members within five (5) years of the date of this instrument. Annexation of additional property shall be accomplished by recording a Declaration of Annexation describing the property annexed and incorporating the provisions of this Declaration by reference. The additional land shall be deemed annexed into the Subdivision and under the jurisdiction of the Corporation on the date of the recordation of the Declaration of Annexation. The Declaration of Annexation shall be duly executed by the Declarant if the property is being annexed through the Declarant's rights provided herein. (8) As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, dedication of Community Use Areas, and amendment of this Declaration. (9) Each Owner of any Lot within the Subdivision, as an appurtenance to such Lot, shall have and is hereby conveyed a perpetual, nonexclusive right of way and easement for the purposes of ingress, egress and regress to and from said Lot over, through and across the streets and roads shown on the Subdivision plat and/or described herein, specifically including, but not being limited to Vicksburg Court, Vicksburg Lane, Antebellum Drive, Augusta Court, Augusta Lane, Shreveport Court, Sumter Drive, and Sumter Court: Provided; however, the Corporation, upon u-Jority vote of the members, shall have the right to construct, maintain, and operate a gate, guardhcuse, or other security device in the streets and roads to restrict access to the subdivision 12 sm 1. 20 2?nE 4 S to Lot Owners, their guests and invitees pursuant to reasonable rules and regulations adopted by the Corporation. (10) The Owner of each Lot, by acceptance of a deed thereto, and the Corporation by acceptance of a deed for the Community Use Areas, grants to the Declarant, its successors and assigns, perpetual nonexclusive general access and utility easements located along the streets and roads, specifically including, but not being limited to, Vicksburg Court, Vicksburg Lane, Antebellum Drive, Augusta Court, Augusta Lane, Shreveport Court, Sumter Drive, and Sumter Court, the utility lines, water lines and sewage lines presently existing or shown on the aforesaid plat. Such easements are nonexclusive and are for the purpose of providing utilities, water and sewage service and access to any and all additional areas which may be later developed by Declarant. Without limiting the generality of the foregoing, the Declarant reserves an easement over Antebellum Drive for ingress, egress and regress to and from NCSR 1700 to and from all of the property described by deed recorded in Book 1190, Page 115. Declarant specifically reserves the right to access property lying north, south and east of the Subdivision through Antebellum Drive and the cul-de-sac depicted on the aforesaid plat. The depiction of the cul-de-sac shall in no way limit or restrict the opening of Antebellum Drive for access to property lying north and east of said cul-de-sac. Reference to access easements throughout this Declaration shall be interpreted to include perpetual non-exclusive general access and utility easements for ingress, egress, regress, access and the maintenance and installation of utilities. (11) An easement is reserved by the Corporation, its employees and designees to make any reasonable entry onto a Lot upon not less than 24 hours notice to the -Owner thereof for the purpose of performing any maintenance, repair, alteration or inspection. An easement is reserved by the Corporation, its employees and designees, to make any reasonable entry onto any Lot with no notice to the Owner thereof in the event of any emergency. (12) Each Lot Owner is responsible for payment of the ad valorem taxes levied upon his Lot and any personal property located thereon. (13) Lots which abut on a creek, river or branch shall run to the mean highwater mark of such creek, river or branch as the case may be. (14) Carteret -Craven Electric Membership Corporation is hereby granted a 10 feet in width non-exclusive perpetual easement for the installation of utility lines, cables, boxes, and other necessary apparatus along all lot lines which abut road right of ways. J. Architectural Control and Architectural Restrictions (1) The Architectural Control Committee shall be comprised of three (3) persons. Any natural person may serve as a member of the Architectural Control Committee. Until January 1, 1992, Declarant shall have the right to appoint and remove the three (3) Architectural Control Committee members with or without cause. After January 1, 1992, the Board of Directors shall have the right to appoint and remove members of the Architectural Control Committee with or without cause. (2) Before any structure, fence, building, wall, pier, bulkhead, dock, walkway or outer piling or replacement or addition to any of same shall be.commenced, erected, or maintained upon any Lot or appurtenant to any Lot in the creek, river or 13 BOOK 1202ME 49 branch adjacent to any Lot, and before any alteration (including painting) of the exterior portion of any structure located upon any Lot or appurtenant to any Lot in the Subdivision shall be commenced (except as shall be undertaken by the Corporation itself), the party desiring to make such changes or erections shall submit and have approved by the Architectural Control Committee (hereinafter called "Committee"), plans and specifications detailing the changes and erections. The plans and specifications must show the structure, kind, shape, height, materials, color and locations of the change or erection. Two (2) complete sets of Committee Application Forms, final plans, and specifications for any and all proposed improvements, shall be (1) hand delivered to the current president of the Corporation, or (2) mailed certified or registered with return receipt requested to the Registered Office of the Corporation and marked to the attention of the Committee. The Committee shall approve or disapprove such plans within forty (40) days of receipt thereof. One set of plans and specifications and details with the approval or disapproval of the Committee shall be returned to the party submitting them and the other copy shall be retained by the Committee for its permanent files. Furthermore, all driveway or culvert pipes must be approved by the Architectural Control Committee prior o t elr installation and once approved, shall be installed pursuant to the method approved by the Committee. All septic tanks and pump tanks shall be constructed and installed pursuant to plans approved by the Division of Environmental Management and the Architectural Control Committee. The loca ion of all septic tanks, p sewage Ines an e s must .e approved by the Architectural Control Committee. (3) The Committee shall make its decision approving or disapproving the plans by taking into consideration the nature of the Subdivision, the aesthetics of the proposed changes or alterations, the interference with the use of the water or waterway by other Lot Owners, the harmony of the proposed change or erection with the architectural style of neighboring buildings, color schemes, durability of construction, relative costs, and protection of the investment of the Owners of other Lots in the Subdivision. Submission of incomplete or inaccurate plans and specifications shall result in disapproval. The decisions of the Committee shall be final and not subject to appeal or review. (4) If the Committee fails either to approve or disapprove any plans so submitted within forty (40) days of their submission, the plans will be deemed approved. (5) Neither the Committee nor any agent of the Declarant shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions nor any structural or other defect in any work done according to such plans and specifications. (6) No trees on any Lot measuring four inches or more in diameter when measured one foot from the ground shall be cut down or destroyed unless approved by the Architectural Control Committee as being necessary for the construction of a dwelling or beneficial to the Lot and Subdivision. (7) The requirements of this Article shall not constitute a i:en or encumbrance on any Lot on which construction is completed, and any subsequent purchaser thereof for value without notice thereof is' in no way affected by the failure his predecessors in title to comply with the terms hereof. 14 5 0 Pq Vce)a4z WA� a, = Insurance (1) The Corporation shall purchase and maintain at all times hazard insurance against loss or damage by fire and similar perils for all improvements and fixtures located on Community Use Areas, including personal property. The insurance, if available, shall cover 1000 of the current replacement costs of the improvements and fixtures as determined by the Corporation with the assistance of the insurance company providing coverage. Coverage may exclude land, foundations, excavations, or other items that are usually excluded from insurance coverage. The insurance policy shall require that the insurer notify the Corporation in writing at least ten (10) days prior to any substantial change in coverage or cancellation. The insurance policy shall also contain clauses providing for waiver of subrogation. (2) If the property of the Corporation is located within a s ecial flood hazard area, the Corporation shall purchase and maintain at all times f ood insurance equal to t e lessor of the insurable value of the i ents and fixtures or the m um coverage available under the appropriate National Flood Insurance Administration program. The policy shall require the insurer to notify the Corporation in writing at least ten (10) days prior to cancellation or any substantial change in the coverage. (3) The Corporation shall purchase and maintain at all times a comprehensive general liability insurance policy covering all Community Use Areas, public ways and any other areas that are under its supervision. The liability insurance shall=cover against liability to the public or to other lot owners, their tenants, guests or invitees, relating in any way to the ownership, operation, maintenance and/or use of the Community Use Areas and any part thereof, the public and private ways of the subdivision and any other areas under the Corporation's supervision. Such insurance policy shall contain a "severability of interest endorsement" or equivalent coverage which precludes the insurer from denying the claim of a Lot Owner because of the negligent acts of the Corporation or other Lot Owners. Limits of liability shall be at least One Million Dollars ($1,000,000) covering all claims for personal injury and or property damage arising out of a single occurrence. Coverage under this policy shall include legal i i ity arising out of loses related to employment contracts of the Corporation. The policy shall require the insurer to notify in writing the Corporation at least 10 days before the insurer cancels or substantially changes the coverage. (4) Fidelity bonds or insurance coverage against dishonest acts on the part of such persons (including by way of illustration and not limitation, corporation members, officers, directors, managers, agents, employees and volunteers) handling or responsible for funds belonging to or administered by the Corporation shall be maintained by the Corporation. In the event the Corporation has delegated some or all of the responsibility for handling of funds to a management agent, such bonds or insurance coverage may include officers, employees and agents of such management agent. Such fidelity bond or insurance shall name the Corporation as the named insured and shall be written in an amount sufficient to cover the maximum funds that will be in the custody of the Association or its managing agent at any time while the bond is in `orce which is in no event less than three times the sum of the monthly general assessments plus the Corporation's reserve funds. In connection with such coverage, an appropriate endorsement to such policy or bond in order to cover any nmrgnnc who serve t-;;niit compensation shall be added if the policy would not otherwise cover volunteers. a management agent is covered by its own fidelity bond, the management agent's bond .;"hall also name the Corporation as an additional obligee. The policy should also contain a i5 sogK 12U2ME 51. provision providing that it may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 10 days prior written notice to the Corporation and all Eligible Mortgage Holders. (5) Each owner shall be responsible for obtaining and shall pay the cost of any hazard insurance against fire and similar perils on such Owner's Dwelling and on personal property or fixtures and appliances of that Owner. Each Owner shall be responsible for purchasing and maintaining liability insurance covering his Lot and Dwelling. (6) If any Dwelling located on a Lot is destroyed by fire or other casualty, all rubbish and debris shall be removed, with promptness, after such fire or other casualty. In no event shall debris or rubbish remain on a Lot longer than two (2) months after such fire or other casualty. L. Restrictions on Use and Occun ancy (1) The division of Lots is permissible provided that: (A) The number of Lots in the Subdivision is not increased (i.e., portions of lots are combined with other lots or other portions of lots to form a new Lot); and, (B) The resultant Lots each have an area which is equal to or exceed 22,329 square feet. Any such Lot which has been constructed with portions of one or more Lots shall be considered a Lot,, - as defined herein notwithstanding the fact that said Lot actually consists of portions of more than one original Lot. Unless a drainage or utility easement is already in use, any drainage or utility easement which runs along the side lot lines of a Lot shall automatically be relocated to the new side lot lines of any new or resultant Lot. No Lot shall be used except for single family residential purposes provided however, Lot 18, which is a Community Use Area, may be used for recreational purposes appurtenant to residential lots including the construction of a boat ramp, clubhouse, tennis courts, and swimming pool. No building except a Dwelling as defined herein and such other .✓ outbuildings as may be normal and customary accessories for a single family residential dwelling (including a private garage) and located within the building lines for said Lot as shown on the.recorded plat shall be located on any Lot. Provided, however, a clubhouse, swimming pool, guardhouse, and boat ramp may be constructed on the Community Use Areas. (2) Every residential dwelling constructed on Lots 3 through 39, inclusive shall contain at least 2,000 square feet of enclosed heated (exclusive of garages and open porches) area and on all other Lots every residential dwelling shall contain at least 1,400 square feet of enclosed heated area (exclusive of garages and open porches. In addition, if such dwelling consists of a one and one-half (12) story dwelling, such dwelling shall have not .less than 900 heated square feet on the first floor. Any two story dwelling shall contain not less than 800 heated square feet on the first floor. (3) Any appurtenant building shall be of like materials, construction methods, and technique, as the principal residential dwelling. Appurtenant buildings are allowable only if in the opinion of the Committee, they are necessary for the enjoyment of the property as defined under single family residential uses. `'hese appurtenant buildings shall not be allowed if they are made of metal, tin, alumina _ _ or any premanufactured'materials. Any appurtenant buildings mus not detract from the ge eral deve.-opmen sc eme n any way be injurious to the value or well-bei:g of the total development plan. 16 BOOK 12 0 2 PAGE 52 (4) Any and all appurtenant structures shall be subject to reasonable rules and regulations pertaining to the height and size requirements for appurtenant structures, including but not limited to, piers, docks, bulkheads, walkways, fences, walls, and arbors. Such regulations shall be adopted by the Architectural Control Committee to maintain the general development plan and scheme of the Subdivision. (5) In order to preserve the natural beauty and appearance of the development in its existing state, all property lines shall be kept free and open. No fences shall be permitted on any Lot or Lot lines unless, in the sole'opinion of the Committee, a fence or other enclosure will contribute to and be in keeping with the character of the development. No, chain link fence, or any other fence comprised in whole or in part of metal, shall be allowed within the development. (6) A Lot owner may lease or sublease his Lot (but not less than his entire Lot) at any time and from time to time provided that: (A) no lot may be leased or subleased without a written lease or sublease; (B) the term of lease is for not less than 30 days; and (C) the rights of any lessee or sublessee of the Lot shall be subject to, and each such lessee or sublessee shall be bound by the provisions set forth in this Declaration, the Bylaws and the Rules and Regulations of the subdivision and a default thereunder shall constitute a default under the lease or sublease; provided, however, that the foregoing shall not impose any direct liability on any lessee or sublessee of a Lot to pay any general or special assessments on behalf of the Lot Owner. (7) Without the prior written consent of the Committee, nothing shall be done or kept in any Dwelling or on any Lot which will increase the rate of insurance applicable to similar buildings. No Owner shall permit anything to be done or kept in his. Dwelling or on his Lot which will result in the cancellation of insurance on his Dwelling or of that of any of his neighbors. No waste may occur in the Community Use Areas. (8) Owners and occupants of Dwellings, without the prior written consent of the Committee, shall not place or store any item on the exterior of a Dwelling. (9) All motor vehicles of any type kept within the Subdivision shall have current North Carolina registration and inspection certificates. The only motor vehicles which shall be allowed to remain overnight on the Lots are automobiles, pick- up trucks, vans, and motorcycles. (10) No signs of any kind shall be displayed to the public view on any Lot except signs used by the Declarant or its agent to advertise the property during the construction and sales period or one sign not more than eight (8) square feet in size advertising the property for sale or rent. (11) No outdoor poles, clotheslines, or other similar equipment shall be erected or permitted on any Lot, unless it is placed or screened so as to not be visible from any street, Community Use Area or adjoining Lot. (12) No trash, ashes, garbage, or other refuse shall be dumped or stored or accumulated on the exterior of any Dwelling. (13) No trucks or other vehicles in excess of a three -quarter -ton load capacity shall be parked nr J{ept nvarnight nr longer within the Subdivision. Provided, however, that trucks of a larger size may be left on the property for up to seventy- two (72) hours during the construction period. 17 ��� 12 U 2 PAsE 53 (14) All outdoor receptacles for ashes, trash, rubbish or garbage shall be installed underground, screened or so placed and kept as not to be visible to the occupants of other Lots. (15) No noxious or offensive activity shall be conducted upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. (16) No animals, livestock, or poultry of any kind shall be kept or maintained on any Lot or in any Dwelling except that dogs, cats, or other household pets may be kept or maintained provided they are not kept or maintained for commercial purposes. Such pets shall be reasonable in size and number. Animals or pets which run at large may be deemed a nuisance. (17) The provisions of this Article are subject to the condition that for so long as the Declarant retains any Lot or any portion of the property in the Subdivision, whether shown and delineated on the aforesaid plat or later annexed into the Subdivision, which has not been sold, leased, rented, or otherwise conveyed, the Declarant is hereby expressly permitted to maintain signs on the Community Use Areas. (13) Subject to the provisions of this Declaration, the Articles and the Bylaws, the Board of Directors shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of the Community Use Areas. Such rules and regulations, along with all policy resolutions and policy actions taken by the Board of Directors shall be recorded in a Book of Resolutions, which'shall be maintained at a place convenient to the members and available to them for inspection during normal business hours. (19) No building shall be erected or permitted to remain Nearer to any street in said Subdivision that the street setback lines as shown on the recorded plat of said Subdivision. No building or structure, except approved fences, walls, piers, bulkheads, docks or walkways, shall be located nearer than ten feet to any sideline of any Lot. It is provided, however, that eaves, steps, stoops, and fireplace chaises shall not he� considered as a part of the building for the purposes of interpreting this Paragraph of this Declaration. The provisions of this Paragraph shall supercede any notes on the aforesaid map. An error in the placement of structures in an amount less than ten percent (10%) of the setback requirement in question is not a violation of this Declaration or of the provisions of the recorded plat. (20) No outside radio or television antennas, satellite dishes, or towers of any kind, shall be erected on any Lot or Dwelling unless and until permission for same has been granted by the Architectural Control Committee. At such time as central television antenna systems become available, no television antenna, satellite dishes or towers shall be allowed to be maintained on any Lot within the Subdivision. No radio station or shortwave operator of any kind shall operate from any Lot or Dwelling without the prior written consent of the Architectural Control Committee. (21) No stripped, partially wrecked, or junked motor vehicle or any part thereof shall be permitted to be parked or kept on any Lot or on the Community Use Areas. 22) Al luTrbin fixttures dishwashers toilet and -disposal to p g -- r -+ r S , aii sewage .�1SpoSai systems shall be connected to the central sewage system constructed by the Declarant. No outside toilet shall be constructed or permitted on any Lot after completion of the lus aou 1.202pari!E 54 principal residential dwelling. Portable toilets shall be allowed during the construction period. (23) No temporary house, mobile home, trailer, camper, tent, garage or other outbuilding shall be placed on or erected on a Lot provided, however, the Committee may grant permission for a temporary structure for storage of materials during the construction period. No such temporary structure or appurtenant structure as may approved shall be used at any time as a dwelling. (24) Once construction of improvements is started on any Lot, improvements must be substantially completed in accordance with the plans and specifications as approved by the Committee within six (6) months from commencement. (25) No residence shall be occupied until the same has been substantially completed and a Certificate of Occupancy has been issued by the appropriate governmental authority. (26) All structures constructed or placed on any Lot shall be built of substantially new materials and no used structure or materials shall be moved, relocated, or placed on any such Lot. (27) Fuel storage tanks shall be buried below the surface of the ground or screened by fencing, shrubbery, or other satisfactory means so that they will always be hidden from streets and Community Use Areas. ( 28 ) No structure erected upon any Lot may be used as a model exhibit or' model home, unless prior written consent to do so has been obtained from the Committee. Provided, however, Declarant shall be entitled to maintain a model home on any lot Declarant owns without prior written consent from the Committee. (29) All Lots, whether occupied or unoccupied, shall be well -maintained and no unattractive growth or accumulation of,rubbish or trash shall be permitted. (30) No oil, gas or other drilling, refining, quarrying, or mining operations shall be permitted upon any Lot and no derrick or other structure designed for use in boring for any minerals shall be erected, maintained, or permitted on any Lot. Drilling for water is permitted. The subdivision is subject to the mineral reservation reserved by Weyerhaeuser Company in Book 1190, Page 115, in the Craven County Registry. (31) No vehicle shall be parked on any street in the Subdivision for a period of longer than four (4) consecutive hours. ( 32 ) No tree over four inches ( 4" ) in diameter as measured one foot (V ) above the ground, shall be removed from any Lot without the prior written consent of the Committee. (33) No outside burning of garbage or refuse shall be permitted. Provided, however, the burning of leaves is permitted subject to reasonable rules and requ:ations adopted by the Corporation. (34) No Lot shall be accessed by motor vehicle except from the f=c -, _ine of the Lot as determined by the front of the house located upon said Lot. (35) No firearms of any type may be discharged in the subdivision to kill snakes. 07 PAGE (36) (a) Applicable Lots. All lots -within the subdivision shall utilize the central wastewater treatment, collection and disposal system installed by the Declarant. The Corporation shall take all steps necessary to ensure there is adequate capacity in the system to handle all the Lots in the subdivision specifically including Lots 1 through 39, 80 through 84, 89 through 98 and 106 through 110 as presently shown on the Plantation Harbor plat and any additional lots annexed by Declarant as authorized herein. (b) Individual Lift Stations. The Lot Owner's shall be responsible for installing the individual lift stations and for continuing station maintenance; however, the Corporation is hereby granted easements permitting access to and maintenance of each lift station and electrical controls should the Owner fail to maintain the lift station in accordance with the Corporation's rules and the rules of the North Carolina Environmental Management Commission and the Corporation shall maintain such if the Owner fails to do so. The Lot Owner shall reimburse the Corporation for any maintenance costs of the lift stati_ins paid for by the Corporation. Hook up to the central system shall be in accordance with the plans and specifications drawn by Thomas Engineering Consultants; P.A., New Bern, North Carolina and permitted by the Department of Environmental Management, North Carolina Department of Natural Resources and Community Development. No individual system shall be allowed which is not in conformity with the above plans or approved by the Corporation. (c) Maintenance for System. The Corporation shall be responsible for maintenance of the entire sewage effluent collection and disposal system (except the individual lift stations as specified above) and such are hereby specifically identified as Community Use Areas which receive the highest priority for expenditures by the Corporation except for Federal State, and Local taxes and insurance. Individual Lot Owners shall be responsible for the installation and maintenance of the individual lift stations and shall reimburse the Corporation for any expense if the Corporation must maintain such. The central system shall be maintained and operated by the Corporation who shall have the right to assess all lots within the subdivision for their pro rata share of the maintenance of the central system and for a sinking fund to replace pumps and other parts as the need arises. This cost shall be included in the general monthly assessments and/or the special assessments. The Corporation shall retain a licensed agent to operate and maintain the central system, including individual S.T.E.P�N-s-f� (d) The Location of Sewage System Components. (1) The following minimum setbacks must be maintained from all private drinking water wells: (A) Minimum of 50 feet from all collection lines and force mains unless all are constructed of ferrous pipe with mechanical joints in which case 25 feet is adequate. (B) Minimum of 100 feet from all pump tanks, septic tanks, and dosing tank. (C) Minimum of =00 feet from spray irrigation fields. rn\ ae.� .,c -•.� c- �---- -�� lL/ r•rltrirr=n of 10 'feel. from all property lines. (2) Any habitable residence or place of public assembly be set back a minimum of 400 feet from the spray irrigation fields. 20 BOOK 1 202PAGE 56 (3) The following minimum setbacks must be maintained by all on site individual lift stations. classified as SA or SB. coastal waters. (A) Minimum of 10 feet from all property lines. (B) Minimum of 100 feet from normal high water on streams (C) Minimum of 50 from any other stream, canal, marsh, or (D) Minimum of 10 feet from any building foundation. (E) Minimum of 15 feet from any building basement. (4) If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities or other unit of government shall hereinafter become available to serve the subdivision, Declarant, the Corporation, and all lot owners shall take such action as is necessary to cause the existing and future wastewater of the subdivision to be accepted and discharged into said governmental system and shall convey or transfer as much of the wastewater collection, treatment and disposal system as the governmental unit may require as a condition of accepting the subdivision's wastewater. (37) All electric, cable TV and telephone lines shall be installed underground. M. Comvlaints (1) For all matters except those concerning the nonpayment of assessments, before any Lot Owner in his capacity as a Lot Owner (hereinafter called Complainant) may bring any action in any court of law against the Corporation or any other Lot Owner for failure to comply with the terms of these Restrictions, the Articles or the Bylaws, the Complainant shall notify the Corporation or the Lot Owner, as the case may be, by registered or certified mail, of the substance of the matter causing the complaint. (2) Following the giving of notice as provided in Paragraph (1) above, the Corporation or the offending Lot Owner, as the case may be, shall have thirty (30) days in which to remedy the complained of matter. If the matter causing the complaint is not remedied within the foregoing thirty (30) day period, the Complainant shall have the right to appear before the Board of Directors of the Corporation to register such complaint. (3) If the Board of Directors, after considering the complaint pursuant to the terms of Paragraph (2) above and with notice and hearing as specified in Article H, by majority vote decides against the Corporation or the offending Lot Owner, the Corporation or the offending Lot Owner shall have a period of thirty (30) days from the date of such decision to remedy the complained of matter. (4) If, after the thirty (30) day period provided in Paragraph (3) :,cve, the offending party has not remedied the complained of matter, the Complainant :,hall have the right to institute suit in a court of law. If the Board of Directors shall 21 GOOK 12 U 2PAGE 57 decide against the Complainant pursuant to Paragraph (3) above, the Complainant may immediately institute suit in a court of law... (5) This Article shall not apply to actions brought by the Corporation. N. Waiver No provision contained in these Restrictions, the Articles or the Bylaws, shall be deemed to have been waived, abandoned, or abrogated by reason of failure to enforce them on the part of any Person as to the same or similar future violations, no matter how often the failure to enforce is repeated. Variances The Architectural Control Committee in its discretion may allow reasonable variances and adjustments of these Restrictions in order to alleviate practical difficulties and hardship in their enforcement and operation. Any such variances shall not violate the spirit or the intent of this document to create a Subdivision of Lots owned in fee by various Persons with each such Owner having an easement upon areas owned by the Corporation. No variance or adjustment will be permitted if such would be materially detrimental or injurious to the welfare of the other property. and improvements in the Subdivision as determined by the Architectural Control Committee. To be effective, a variance hereunder shall be recorded in the Craven County Register of Deeds Office; shall be executed on behalf of the Corporation; and shall refer specifically to this Declaration. 0 Duration, Amendment and Termination (1) The covenants and Restrictions contained in this Declaration shall run with and bind the land until January 1, 2005, after which time, they shall automatically be extended for successive periods of ten (10) years. This Declaration may be amended in full or part until January 1, 2005, by an instrument signed by not less than two- thirds (2/3) of each class of members, and thereafter, by an instrument signed by not less than three -fourths (3/4) of each class of members provided, that no amendment shall alter any obligation to pay ad valorem taxes on the Community Use Areas or assessments for street lighting and sewage treatment, as herein provided, or affect any lien for the payment of same. Provided, however, no addition or amendment of a material nature to the Declaration, the Articles or the Bylaws shall be permitted without the prior written approval of 51% of the Eligible Mortgage Holders. A change of the provisions relating to any of the following shall for this purpose be considered material: A. Voting rights; B. Assessments, assessment liens or subordination of assessment liens; C. Reserves for maintenance, repair and replacement of the Community Use Areas; 22 g3ox 12 0 2 ME 5 S D. Responsibility for maintenance and repairs of the Community Use Areas; E. Reallocation of the right to use the Community Use Areas; F. Convertibility of Community Use Areas into Lots; G. Expansion or contraction of the project or the addition, annexation or withdrawal of property to and from the Subdivision; H. Insurance or fidelity bonds; I. Leasing of Lots; J. Imposition of any restrictions on a Lot Owner's right to transfer, sell or otherwise convey his Lot; K. A decision by the Corporation to establish self management when professional management had previously been required by an Eligible Mortgage Holder; L. Actions to terminate the legal status of the Corporation; M. Provisions that expressly.benefit holders, insurers or guarantors of Mortgages on Lots; N. Rights to use the Community Use Areas. To be effective any amendment must be recorded in the office of the Register of Deeds of Craven County, North Carolina and a marginal entry of same must be signified on the face of this document. (2) Invalidation of any one of these covenants or Restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. (3) Notwithstanding any other provisions of this Declaration, Declarant may amend this Declaration without the consent of any members or Eligible Mortgage Holders if such amendment is required by any governmental agency for governmental approval. Declarant shall notify all members and Eligible Mortgage Holders of such amendment after it has been recorded. Am Community Use Areas: Private (1) Every Community Use Area and any facility thereon is private. Neither the Declarant's execution nor recording of the plat nor any other act of the Declarant with respect to the property is or is intended to be or shall be construed as a dedication to the public of any of said streets, parks, recreational facilities or amenities other than as reflected herein. An easement for the use and enjoyment of each of the areas designated as Community Use Areas is reserved by the Declarant, his successors and assigns. (2) All Community Use Areas shall be owned by the Corporation and shall be acquired by the Corporation free and clear of all liens and encumbrances except pro 23 rata ad valorem real property taxes for the year of coi$�41�!2ygble Mage and utility easements, Agreements with the North Carolina Environmental Management Commission regarding the wastewater treatment, collection and disposal system, mineral rights of Weyerhaeuser Company reserved in Book 1190, Page 115, a general permit to Carolina Telephone and Telegraph recorded in Book , Page , the terms and provisions specified in the deed to the Corporation from Declarant agreeing to provide and maintain the central wastewater system, and this Declaration. A copy of the Agreements with the North Carolina Environmental Management Commission are attached hereto as Attachment B. (3) The streets in the subdivision are not constructed to state specifications and before the state would agree to accept the streets, the streets would have to be brought up to state specifications. The streets are constructed with 18 feet in width pavement; however, the state regulations presently require the streets to have 20 feet in width pavement. Furthermore, before the state would accept maintenance of the streets, any traffic islands, guardhouses or other structures in the street rights -of -way would have to be removed. The maintenance of the streets is the obligation of the Corporation. The streets may not be conveyed or. granted to the state unless 660 of each class of members sign a written statement authorizing such. ra Remedies Enforcement of these restrictions and conditions shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or condition, either to restrain violation thereof or to recover damages therefor. Injunction shall not issue to compel the removal of or moving of any completed residence for violation of side setback or front setback restrictions, the sole remedy of any offended person being a suit for damages. Acceptance (1) The grantee of any Lot subject to the coverage of these Restrictions, by acceptance of a deed conveying title thereto, or by the execution of a contract for the purchase thereof, whether from Declarant or a subsequent owner of such Lot, shall accept such deed or contract upon and subject to each and all of these Restrictions herein contained and also the jurisdiction, rights and powers of Declarant and by such acceptance shall for himself, his heirs, personal representatives, successors and assigns, covenant, consent and agree to and with Declarant and Corporation and to and with the grantees and subsequent owners of each of the Lots within the Subdivision to keep, observe, and comply with and perform said Restrictions. (2) Each such grantee also agrees, by such acceptance, to assume, as .iainst Declarant, its successors and assigns, all of the risks and hazards of ownersn_p or occupancy attendant to such Lot, including but not limited to its proximity any Community Use Area, river, creek, or other recreational facility. 24 now 120 2?�K 60 T. Applicability These Restrictions shall only apply to the Lots specified herein or hereinafter annexed into the Subdivision. These Restrictions are specifically not applicable to any unnumbered lots or lands designated on the plat or any numbered lots not defined herein or annexed into the subdivision. The absence of restrictions thereupon is intended to further the scheme of development by providing additional conveniences to the Owners and by creating a true theme and nucleus for the community and its activities. 0 Cautions The captions preceding the various Articles of these Restrictions are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of these Restrictions. As used herein, the singular includes the plural and where there is more than one Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed. Throughout this Declaration, references to the masculine shall be deemed to include the feminine, the feminine to include the masculine and the neuter to include the masculine and feminine. V. Notice All notices provided for or permitted pursuant to these Restrictions shall be in writing and, except as is herein expressly otherwise provided, notice shall be deemed sufficient and service thereof completed upon hand -delivery or receipt, refusal or nondelivery of same when mailed postage prepaid to the party to or upon whom notice is being given or served at the address of such party last reflected on the records of the Corporation. 0 Liberal Construction The provisions of this Declaration shall be construed liberally to effectuate its purpose of creating a Subdivision of fee simple ownership of Lots and buildings governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations and easements administered by an Owners' association with each Owner entitled to and burdened with the rights and easements equivalent to those of other Owners. 71. Electric Service Carteret -Craven Electric Membership Corporation (Carteret -Craven) shall S u nnl v undernro nd elects t, l l 1 th L did � -_ rI-s 7-�..._.. �., service w ali iv�.5 lii �iic SiiLu1v15iull a,-lu LartCre�-l.=dvC-'[L Electric Membership Corporation is hereby granted a non-exclusive perpetual easement 10 feet in width along all lot lines which abut road right-of-ways in the subd.­;.sion for the installation of utility lines, cables, boxes and other necessary aocari us. 25 All Lot Owners shall reimburse Jerry A. Jackson for the $ 0 eposit which has been paid for the installation of underground power to each lot. If a dwelling is constructed and electrical service connected to such dwelling within time to allow Jerry A. Jackson to obtain a refund of such deposit, then Jerry shall refund the $150.00 deposit to the then owner of the Lot. Carteret -Craven may require additional charges if the power is to be extended more than 150 feet onto the Lot. If Declarant has paid any assessment or charge to Carteret -Craven on behalf of the Lot, Lot Owner shall reimburse Declarant at closing for such expense. The deposit refund shall occur only if a dwelling is constructed on or prior to October 10, 1991. Y. Lender Consent Branch Banking and Trust Company and Alan Miller execute the Restrictions to consent to the encumbrance of the property by such Restrictions. IN TESTIMONY WHEREOF, Jerry A. Jackson and wife, A. Denise Jackson and Alan Miller, Trustee have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their names and Branch Banking and Trust Company has caused this instrument to be executed under seal and in such form as to be binding, all by authority of its Board of Directors first duly given, this the day and year first above written. / f i i SEAL ) Jerry Ykson r. (SEAL) i <, Ai6 cir_et`ary/Cashier l A. Denise Jacks .n ( SEAL ) Alan ler,'- ruste' BRANCH BANKING AND TRUST COMPANY / J i President 26 BOOK 12 U 2 PAGE 6 2 STATE OF NORTH CAROLINA COUNTY OF CRAVEN .) //,• 0_nj �J I �r - -%� , a Notary Public in and for said County and State, do hereby certify that JERRY A. JACKSON and wife, A. DENISE JACKSON personally appeared before me this day and acknowledged the due execution of.the foregoing instrument. WITNESS my hand and notarial seal, this the r — day of r Jam" 1988. ,``,tit111t11111/1,,, ,�- I- Al Notary Public My Commission expires: STATE OF NORTH CAROLINA COUNTY OF lzk%-'.—jTr ,i/j11lllll if t��• a Notary Public in and for said County and State, do hereby certify that A-W MILLER, Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 1 day of F a' .�'•.,t�'���...98&.. Notary Public ��•, ' �_11' ,`� My Commission expires: iS•u'�� ',nun+•'• I_ i' ) STATE OF NORTH CAROLINA COUNTY OF _ -_(. a Notary Public in and for said County and State, do hereby certify that o.rd the ; day of )i'TEr,- ,;. 1988, before me personally appeared i-• . ', ti :i • �`. ; ,-�� _with whom I am personally acquainted, who, being, by me duly sworn, says that he is��L---, Vice President and that �� ,.• `:;; i1 is Lyz�4 _"-Cashier of BRANCH BANKING AND TRUST COMPANY, the corporat-ion described in and which executed the foregoing instrument; that he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal; that the name of the corporation was subscribed thereto by the said ;r- Vice President; that the said lam- r Vice President and F+ •--� acr icr gi�hcrri},cd their names theretG `' the • d l ai.0 u e said CGTJiiv^I'i seal, 27 aoox 1202PAGE 63 was affixed, all by order of the Board of Directors of said corporation; and that the said instrument is the act and deed of said corporation. WITNESS my hand and notarial seal, this the day of /":I 1988. • II Notary Public My Commission expires. ' ry `s .r.'✓" STATE OF NORTH CAROLINA COUNTY OF CRAVEN ' The foregoing certificates of Notaries Public are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of County, North Carolina, in Book 12 Page, 87RE1191 3NLR 10-13-88 This L�1 day of 1988, at /.. O- o'clock ,.M. -18 r 4-p— RegistDeeds 600 12 U 2 FAGE 64 ATTACHMENT A TRACT 1: Those certain streets and roads shown and depicted upon the subdivision plat for Plantation Harbor - a Planned Unit Development - Phase One recorded in Plat Cabinet E, Slides 209 through 216, specifically including, but not being limited to Vicksburg Court, Vicksburg Lane, Antebellum Drive, Augusta Court, Augusta Lane, Shreveport Court, Sumter Drive, and Sumter.Court, reference to said plat being hereby made for a more perfect description. TRACT 2: Lot No. 18 as shown on the plat of Plantation Harbor - a Planned Unit Development - Phase One recorded in Plat Cabinet E, Slides 209 through 216, in the office of the Register of Deeds of Craven County, reference which is hereby made for a more perfect description of the aforesaid Lot No. 18. This lot shall be used as a boat ramp area for the lot owners of Plantation Harbor. 87RE1191 7NLR 10-05-88 TRACT 3: 600K 12 ii Z ME 65 PLANTATION HARBOR RECREATION AREA DESCRIPTION The following is a description of a tract of land intended to be the recreation area of Plantation Harbor, A Planned Unit Development, Phase One located east of Clubfoot Creek, Township Number Five, Craven County, North Carolina recorded in Plat Cabinet "E" Slides 209-216. The point of beginning can be located by proceeding from a nail set a,t the center of the intersection of Sumpter Drive and Antebellum Drive as depicted on a Map entitled "Plantation Harbor A`Planned Unit Development, Phase One, Sheet 6 of 8" , dated July 11, 1988, and recorded in Map Cabinet "E", Slide 214 of the Craven County Map Book. North 40 degrees 17 minutes 16 seconds East a distance of 40.000 feet to a point set in the north right of way line of Antebellum Drive which is the point of beginning. From the point of beginning the line goes with the right of way line South 49 degrees 42 minutes 44 seconds East a distance of 72.000 feet to the point of curvature of a curve to the left having a delta angle of 31 degrees 1 minute 48.47 seconds, a radius of 320.220 feet a tangent length of 88.896 feet and a length of 173.424 feet to the point of tangency of said curve, thence leaving the right of way line North 44 degrees 43 minutes 55 seconds East a distance of 395.364 feet, thence North 49 degrees 42 minutes 44 seconds West a distance of 592.706 feet, thence South 40 degrees 17 minutes 16 seconds West a distance of 440.00 feet to a point on the northern right of way line of Antebellum Drive, thence along the northern right of way line South 49 degrees 42 minutes 44 seconds East a distance of 325.000 feet to the beginning containing 5.7600 acres. Prepared By: Ri hard C. Marshall Jr. Registered Land Survu-yor, L-2866 U Thomas Engineering Consultants, P.A. SEAL 1916 South Glenburnie Road # 5 L-2866 College Park Center ✓r �o New Bern, N. C . 28560 9� `S�R`F , ( 919)637-2727 C IVIP,R-J P/ BOOK 1 2U2FAGE 66 Tract 4: A perpetual non-exclusive easement for all purposes necessary to operate a wastewater collection, treatment and disposal system sufficient to meet the needs of the Plantation Harbor Subdivision as set forth in the Declaration of Covenants, Conditions, Restrictions and Easements of Plantation Harbor recorded in Book Z C1 , Page d_, and as thereafter amended, specifically including, not but not being limited to, the right to construct, repair, maintain and operate, lagoons, spray irrigation fields, spray pumps, sewer main lines, pump stations, sprinkler systems, buildings, fences and any and all other apparatus (whether constructed above ground or below ground) necessary to operate a central wastewater collection, treatment and disposal system in accordance with the permit issued by the Environmental Management Commission of the North Carolina Department of Natural Resources and Community Development as presently issued or hereinafter amended, over, upon, and under the property described on the attached sheet labeled "Plantation Harbor Sewerage Disposal Field Description" prepared by Richard C. Marshall, Jr.; provided, however, Plantation Harbor Property Owners Association, Inc. agrees to use its best efforts (as long as such is permitted by the North Carolina Department of Natural Resources and Community Development and does not violate any permit issued to operate the central wastewater collection, treatment and disposal system) to allow Jerry A. Jackson, '"his heirs, successors and assigns, to use the hereinafter described property or any portion thereof, for agricultural purposes. The above -described easement is conveyed together with a 50' wide utility easement as described on the attached sheet labeled "Utility Easement" prepared by Richard C. Marshall, Jr. and a 40' wide drainage easement as described on the attached sheet labeled "Drainage Easement For Disposal Field Area" prepared by Richard C. Marshall, Jr. 79-1290 3NLR 10-13-88 ao0K 12 0 2 PACE 67 PLANTATION HARBOR SEWERAGE DISPOSAL FIELD DESCRIPTION The following is a description of a tract of land intended to be the sewerage disposal area of Plantation Harbor, A Planned Unit Development, Phase One located east of Clubfoot Creek, Township Number Five, Craven County, North Carolina recorded in Plat Cabinet "E" Slides 209-216. The point of beginning can be located by proceeding from a nail set at the center of the intersection of N.C.:3.R. 1700 and Antebellum Drive as depicted on a Map entitled "Plantation Harbor A Planned Unit Development, Phase One, Sheet 3 of 8" , dated July 11, 1988, and recorded in Map Cabinet "E", Slide 211 of the Craven County Map Book. North 9 degrees 49 minutes 15 seconds West a distance of 665.102 feet to a point in the center of the road, thence South 80 degrees 10 minutes 45 seconds West a distance of 30.000 feet, to a point on the western right of way line of N.C.S.R. 1700, which is the point of beginning. From the point of beginning the line follows the western right of way line the following courses and distances; North 9 degrees 49 minutes 15 seconds West a distance of 141.486 feet, thence North 8 degrees 39 minutes 16 seconds West a distance of 180.605 feet, thence North 6 degrees 12 minutes 14 seconds West a distance of 201.500 feet, thence North 2 degrees 9 minutes 15 seconds West a distance of 57.252 feet to a point in the western right of way line of N.C.S.R. 1700, thence from the right of way line North 83 degrees 7 minutes 14 seconds West a distance of 215.898 feet, thence North 6 degrees 52 minutes 46 seconds East a distance of 100.000 feet, to a point in the northern Jackson line, thence with the northern Jackson line North 83 degrees 7 minutes 14 seconds West a distance of 2679.083 feet, thence North 84 degrees 16 minutes 50 seconds West a distance of 1269.512 feet to a point where the Plantation Harbor east line intersects the north Jackson line, thence with the Plantation Harbor east line South 41 degrees 46 minutes 50 seconds East a distance of 885.000 feet, thence South 34 degrees 43 minutes 10 seconds West a distance of 602.557 feet, thence South 55 degrees 23 minutes 46 seconds East a distance of 2093.028 feet, thence North 66 degrees 59 minutes 34 seconds East a distance of 867.127 feet, thence North 74 degrees 46 minutes 35 seconds East a distance of 332.180 feet, thence North 80 degrees 24 minutes 23 seconds East a distance of 353.498 feet, thence North 47 degrees. 4 minutes 23 seconds East a distance of 1043.575 feet to the point of beginning containing 138.7251 Acres. Prepared By: � h Kihard (v , Marsh 1 Jr . o¢ �' Registered Land Sury or, L-2866 Thomas Engineering Consultants, P.A. s7AI 1 1916 South Glenburnie Road # 5 �~ College Park Center y >a c New Bern, N. C. 28560 �.p4 J� SUR, (919)637-2727 C ro A RSA nu t 2 U 2 FhGE 68 UTILITY EASEMENT The following is a description the centerline of a fifty foot wide utility easement established for the purpose of the installing utilities for Plantation Harbor, A Planned Unit Development, Phase One located east of Clubfoot CreeE::, Township Number Five, Craven County, North Carolina recorded in Plat Cabinet "E" Slides 209- 216. to the Sewerage Lagoon and Spray Irrigation Field of the abovementioned subdivision. The point of beginning can be located by proceeding from a nail set at the center of the intersection of Sumpter Drive and Antebellum Drive as depicted on a Map entitled "Plantation Harbor A Planned Unit Development, Phase One, Sheet 6 of 8" , dated July 11, 19ee, and recorded in Map Cabinet "E", Slide '214 of the Craven County Map Book:. along the center of Antebellum Drive and along the chords of the curves of said Antebellum Drive the following courses and distances; South 49 degrees 42 minutes 44 seconds East a distance of 72.000 feet, thence South 66 degrees 01 minutes 57 seconds East a distance of ''03.010 feet, thence South, 80 degrees 44 minutes 3'2 seconds East a distance of 86.919 feet, thence South 6e degrees 04 minutes 10 seconds East a distance of 156.102 feet, thence South 55 degrees 23 minutes 47 seconds East a distance of 860.000 feet, thence North 84 degrees 38 minutes 04 seconds East a distance of 462.510 feet, thence North 44 degrees 39 minutes 55 seconds East a distance of 582.068 feet, thence North 55 degrees 50 minutes 54 seconds East a distance of 450.473 feet to a point in the center of Antebellum Drive which is the point of beginning of the easement. From the point of beginning the easement centerline goes North 46 degrees 53 minutes 07 seconds West a distance of 169.6e5 feet, thence North 3e degrees 46 minutes 03 seconds West a distance of 0.7ee feet, thence North, 37 degrees 31 minutes 26 seconds West a distance of 131.210 feet, thence North 1S degrees 53 minutes26 seconds West a distance of 121.508 feet to apoint where it intersects the southern boundary of the Sewerage Treatment Lagoon and Spray Irigation Field property. Prepared By: Richard C. Marshall, Jr. Registered Land Surveyor, L-2866 Thomas Engineering Consultants, P.A. 1916 South Glenburnie Road # 5 College Park Center New Bern, N. C. 28560 i9197637-2727 BOOK 1 2 U 2 PAGE 69 DRAINAGE EASEMENT FOR DISPOSAL FIELD AREA The following is a description the centerline of a forty foot wide drainage easement established for the purpose of the general drainage of the tract of land described in the above section A. of this document, which is the Sewerage Lagoon and Spray Irrigation Field of Plantation Harbor, A Planned Unit Development, Phase Qne located east of Clubfoot Creek, Township Number Five, Craven County, North Carolina recorded in Plat Cabinet "E" Slides '2209- ZZ16. The point of beginning can be located by proceeding from a nail set at the center of the intersection of Sumpter Drive and Antebellum Drive as depicted on a Map entitled "Plantation Harbor A Planned Unit Development, Phase One, Sheet 6 of 8" , dated Julu 11, 1988, and recorded in Map Cabinet "E", Slide 214-of the Craven County Map Book. North 40 degrees 17 minutes 16 seconds East a distance of 40.000 feet to a point set in the north right of way line of Antebellum Drive which is the point of beginning. From the point of beginning the line goes with the right of way line South 49 degrees 422 minutes 44 seconds East a distance of 72.000 feet to the point of curvature of a curve to the left having a delta angle of 31 degrees 1 minute 48.47 seconds, a radius of 3220.'-'20 feet a tangent length of 89.896 feet and a length of 173.424 feet to the point of tangency of said curve, thence leaving the right of way line North 44 degrees 43 minutes 55 seconds East a distance of 395.364 feet, to the northeast corner of the Recreation Area of Plantation Harbor, thence continuing North 44 degrees 43 minutes 55 seconds East a distance of B03.185 feet to apoint where it intersects the southern boundary of the Sewerage Treatment Lagoon and Spray Irigation Field property. Prepared BY: Richard C. Marshall, Jr. Registered Land Surveyor, L-2:'866 Thomas Engineering Consultants, P.A. 1916 South Glenburnie Road # 5 College Park Center New Bern, N. C. 2'8560 ( 919 )637-'�7'I7 nu 1 2 0 2?AGE 7" Attachment B STATE OF NORTH CAROLINA Permit No. COUNTY OF WAKE OPERATIONAL AGREEMENT THIS AGREEMENT made pursuant to *G.S. 143-215.1(dl) and entered into this day -of 19 , by and between the North Carolina Environmental Management .Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Jerry A. Jackson , a corporation/general partnership registered/licensed to do business in the State 'of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of certain lands lying in Craven County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Plantation Harbor Subdivision (hereinafter the Development) . 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (hereinafter Disposal System) to provide - sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create a townhouse development containing dwellings, units, other improvements and lands through filing of a Declaration, Articles of Incorporation and Bylaws of a property owners' association (Association) which compels membership in the Association by the owners of all lots in the Development, imposes mandatory assessments, and creates common areas (Common Elements) . 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (hereinafter Association) a non-profit (Unit Owners Association) corporation organized and existing under and by virtue of the laws of the State of North Carolina, for the purpose, amonq others, of handling the property, affairs and business of t'ne Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal S��Y�tir,,�: collecting dues and assessments to provide tuned; sr f0. such operation,.. maintenance, re -construction and repair".. OX-�i 6. The COMMISSION desires to assure that the :':D.sposa'1 System of the Development is properly constructed-, mai:ritwined a d operated in accordance with law and permit provi`sions.in order to Protect the quality of the waters of the State``,and'the DublIc interest therein. `- aoo 12027:1 -2- NOW, THEREFORE, in consideration of the promises and the benefits to be .derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and -approved by the COMMISSION; and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall provide in the Declaration and: Association Bylaws that the Disposal System and appurtenances' thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget. S. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessmentt�cover such necessary costs. There shall be no limit on thew-n�.of such assessments, and the Declaration and Bylaws Shal,prou%rle that such special asses Ment- be %^. s,,,�a,�, can L� made as necessQylyat any- time.� �.. 6. If a wastewater collection system 'and wastewater: treatment and/or disposal facility provided by any city;. -town-;:/ village, county, water and sewer authorities, or -or-r-' unit_ -:of' government shall hereinafter become available to serve.' - _the BOOK t 2 0 2PAGE 71 -3- Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system; and shall convey or transfer as much of the Disposal System, and such necessary easements as the governmental unit may require as a condition -of accepting the Development's wastewater. 7. Recognizing that it would be contrary to. the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 8. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System. until a permit has been reissued to the DEVELOPER's successor. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the Ccunty(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL M2WMEN'TO", S Oul sR.P, Director Division of Environmental Management jly-" - _/ 9_o a (Date) Jerr•7 A. Jackson Name o� Developer/RxMNXR,X MMMIh �Afim UU k �G; =�' y�: , 'Jerry A. Jaekzn Print Name and Title MAY a (Date) - ir 300K 12U2?AGE 73 STATE OF NORTH CAROLINA COUNTY OF CRAVEN] I, / �/, a Notary Public in and for said Co ty and Stat��do hereby certify that JERRY A. JACKSON personally appeared bef e me this day and, after being duly sworn, acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the day of 1988. ►r , Notary/public My Commission expires: J 1�ii r- V07 • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings Non -Profit Corporation LegaL Name Plantation Harbor Property Owners Association, Inc. Information Sosid: 0236322 Status: Current -Active Q Date Formed: 10/11/1988 Citizenship: Domestic AnnuaL Report Due Date: Registered Agent: Provost, William N., Jr. Addresses Reg Office Reg Mailing 200 Antebellum Dr. 200 Antebellum Dr. Havelock, NC 28532 Havelock, NC 28532 Officers c-. c ARTICLES OF INCORPORATION OF PLANTATION HARBOR PROPERTY OWNERS ASSOCIATION, INC. A Non -Profit Corporation I, the undersigned natural person being of the age of eighteen (18) years or older, hereby do form a non-profit corporation under the laws of the State of North Carolina, as contained in Chapter 55A of the General Statutes of North Carolina entitled "Non -Profit Corporation Act," and the several amendments thereto, and to that end do hereby set forth: 1. Name: The name of the Corporation is Plantation 3 Harbor Property Owners Association, Inc. 2. Duration: The period of duration of the Corporation shall be perpetual. 3. Definitions: As used in these Articles of Incorporation ("Articles"): (A) "Community Use Areas" means all real property (including the improvements thereto) and interests in real property owned by the Corporation for the common use and enjoyment of Lot Owners. (B) "Declaration" means that instrument recorded or to be recorded in the office of the Craven County Register of needs entitled "Declaration of Covenants, Conditions and Restrictions and Easements of Plantation Harbor" and amendments thereto. (C) "Lot" means a separately numbered tract of land lying within the Subdivision which is not designated a Community Use Area in the Declaration. (D) "Dwelling" means a structure located on a Lot built in accordance with the requirements of the Declaration. (E) "Eligible Mortgage Holder" means any hclder, guarantor, or insurer of a first mortgage on a Lot who has requested that the Corporation notify them of any proposed amendment to the Declaration, the Articles or the Bylaws of the Corporation. (F) "Material Amendment" means any amendment which deals with matters defined as material in the Declaration. (G) "Subdivision" means the Lots and Community Use Areas as defined in the Declaration and such additions or annexations of property which may hereafter be brought within the jurisdiction of the Corporation. 4. Purposes: The principal purposes for which the Corporation is organized are: 3 (A) To own, manage, administer, preserve and maintain the Community Use Areas of the subdivision, specifically including, but not limited to, the wastewater collection, treatment and disposal system, the clubhouse, the boat ramp, the streets and the swimming pool and to provide architectural control and regulation of the Lots. (B) To own, manage, administer and maintain any real J estate which may hereafter be acquired by purchase, gift, annexation, dedication or otherwise. (C) To own, manage, administer, maintain, and operate any improvements now or hereafter located on any portion of the Community Use Areas. (D) To purchase, own, maintain, manage, repair and replace any and all equipment, facilities, and buildings used in connection with the operation of any facilities located on Community Use Areas. (E) To undertake the performance of the acts and duties incident to the administration, management, and operation of the subdivision and the above -described facilities in accordance with the terms. provisions. and restrictions contained in these 2 Articles, the Bylaws of this Corporation hereafter lawfully adopted (Bylaws), and the Declaration, and all lawful amendments to any of these documents. (F) To promulgate such rules, regulations, restrictions, covenants, and conditions and to perform such acts as are deemed necessary to achieve the aforesaid objectives. (G) To enforce all restrictions contained in the Declaration. (H) To sell, trade, buy, lease, and otherwise deal with such property, whether real or personal, as may be necessary or convenient to carry out the provisions of these Articles, the Bylaws, or the Declaration. (I) To establish an orderly and efficient system of billing to pay for the expenses incurred in the furtherance of the aforesaid purposes. (J) To engage in any lawful act or activity for which non-profit corporations may be organized under Chapter 55A of the General Statutes of North Carolina and which is permitted to be s done or carried on by a corporation exempt from state income and franchise taxes under Section 105-130.11 and 105-125 of the General Statutes of North Carolina, and the several amendments thereto and a corporation electing to be treated as a tax exempt homeowner's association under Section 528 of the 1986 Internal Revenue Code, as amended, in the event and during the tax years of such election. 5. Powers: In connection with carrying out the purposes set out in the preceding paragraph, the Corporation has the powers granted non -prof it corporations under the laws of the State of North Carolina. By way of addition to, and not by way of limitation of, the above powers, the Corporation shall have! the following specific powers: 3 (A) To make, establish, and provide for the enforcement of reasonable rules and regulations governing the use of any Community Use Area. (B) To fix, levy and collect assessments against members of the Corporation to defray the expenses of the Corporation. (C) To enter into any and all contracts necessary or desirable to accomplish the purposes of the Corporation. (D) To contract for the management of the Corporation's business and to delegate to such manager or professional management service all of the powers and duties of the Corporation except those which may be required by these Articles or the Bylaws to be exercised by the Board of Directors or the members of the Corporation. (E) To exercise, undertake, and accomplish all of the rights, duties, and obligations which may be granted to or imposed upon the Corporation. (F) To do any and all lawful acts. (G) To borrow money, and with assent of two-thirds (2/3) r of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowered or debts incurred. (H) To dedicate, sell, or transfer all or any part of the Community Use Areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon; provided, however, no such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer has been recorded. i(I) To participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Community Use Areas into the Corporation and Subdivision. 4 6. Members: Members shall be of two classes. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot within the Subdivision, including contract sellers, shall be a member of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The membership of a member or a member's interest in the funds and assets of the Corporation may not be assigned, hypothecated, or transferred in any manner except as an appurtenance to the Lot upon which that particular membership is based. i 7. Voting: The Corporation shall have two classes of i3 membership: CLASS A - Class A members shall be all owners, with the exception of any owners who qualify as Class B members, and they r shall be entitled to one vote for each Lot owned; provided, however, when more than one person holds an interest in any Lot, all such persons shall hold the membership with regard to such = Lot in undivided interests. The vote of such multiple owners of a Lot shall be exercised as they, among themselves, shall "I determine, but in no event shall any fractional vote be counted or more than one (1) vote be cast with respect to any one (1) Lot. Upon the termination of Class B membership, Class B members shall become Class A members. CLASS B - Class B member(s) shall be the Declarant (as defined in the Declaration) 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: (A) On January 1, 1994; or, (B) When the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the mcmi%crclhi rn. rvrncri A=A }hnw u r thnt i n the AVPnt ..��.,.� ., ,...,..... — ter, Z--- - —.... —, _........ ,.w , �__ ----- — - ---- 5 additional land is annexed into the Subdivision pursuant to the development of such additional property by the Declarant as provided in the Declaration and before the date in subparagraph (A) above, Class B Membership shall be reinstated for all lots owned by Declarant until January 1, 1994 or until the total votes in the Class A Membership equal or exceed the total votes in the reinstated Class B Membership. In calculating the number of votes in Class B Membership, all Lots owned by Declarant (specifically including Lots already in the subdivision and those lots newly annexed into the subdivision) shall be included and entitled to reinstated Class B Membership. There is no limit on the number of times Class B Membership may be reinstated. The Corporation shall have the right to suspend the voting < rights of a member for any period during which any assessment owed by that member to the Corporation is due and unpaid. < 8. Dissolution: The Corporation may be dissolved at any time with the assent given in writing and signed by not less F than eighty-five percent (85%) of each class of members and sixty- seven percent (67%) of the Eligible Mortgage Holders. Upon dissolution of the Corporation, other than incident .to a merger or consolidation, the assets of the Corporation shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Corporation was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to such similar purposes. Provided, however, the Corporation may not enter into a voluntary dissolution without first having transferred the wastewater collection, treatment and disposal system and facilities to some person, corporation, or other entity 1 acceptable to and approved by the North Carolina Environmental } Management Commission by the issuance of a permit. A copy of the I� �rTraAmont with the Nnrt11 (_arnl i na Fnui rnnmental Management .g -- N Commission dealing with the wastewater system is attached as Attachment A. 9. NonErof it: The Corporation shall be conducted as a nonprofit corporation,for the benefit of its members. 10. Registered Office and Agent: The Registered Office of the Corporation is located in Craven County at Route 1, Box':: 129AA, Havelock, North Carolina 28532 and the name of the initial Registered Agent at such address is Jerry A. Jackson. 11. Directors: (A) Any natural person may serve as a director. (B) The number of directors of the Corporation may be fixed by the Bylaws, but shall not be less than three, and the method of their election shall be fixed by the Bylaws. < (C) The number of directors constituting the initial Board of Directors shall be three (3), and the names and addresses of the persons who are to serve as directors until the first meeting of members or until their successors are elected and qualified are: Jerry A. Jackson Post: Office ,Box: 1025 3 Havelock, North Carolina 28532 James M. Mead 8621 Ocean View Drive Emerald Isle, North Carolina 28557 Edward B. Ellis 107 East Saddle Lane Havelock, North Carolina 28532 12. Incorporator: The name and address of the incorporator are: Jerry A. Jackson, Craven County, Route 1,-Box 129., Havelock, North Carolina 28532. 13. FHA/VA Approval: As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers and 7 consolidations, mortgaging of Community Use Areas, dedication of Community Use Areas, dissolution of the Corporation and amendment of these Articles. 14. Amendments: Amendment of these Articles shall require the written or oral assent of seventy-five percent (75%) of the members. Material amendments of these Articles shall also require the written or oral assent of at least fifty-one percent (51%) of the Eligible Mortgage Holders. IN TESTIMONY ERLEOF , I have hereunto set my, 33' %- ll� the day of erry/Al. STATE OF NORTH CAROLINA COUNTY OF CRAVEN 0 N ' Ch This is to certify that on the _± day of Q 1`01 , 1988, before me, a Notary Public, personally appeared JERRY A. JACKSON, who I am satisfied is the person named in and who executed the foregoing Articles of Incorporation, and I having first made known to him the contents thereof, he did acknowledge that he signed and delivered the same as his voluntary act and deed for the uses and purposes therein expressed. IN WITNESS WHERFOQF,, I have ilk eunto set my � hand and affixed my seal, this I day of (,Xt6, 19 � 1 . nrtf My Commission expires: 2 1-1-% 87-1191 3NLR 10-07-88 8 -�S Ill 9tto Notary Public : 0 :vG pVBL v� co ATTACHMENT A STATE OF NORTH CAROLINA Permit No. COUNTY OF WAKE OPERATIONAL AGREEMENT THIS AGREEMENT made pursuant to "G.S. 143-215.1(dl) and entered into this 9th day -of May 1988 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Jerry A. Jackson _ , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner •of certain lands lying in Craven County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Plantation Harbgj Subdivision (hereinafter the Development) . 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and 'operate the Disposal System. 4. The DEVELOPER has created or shall create a townhouse development containing dwellings, units, other improvements and lands through filing of a Declaration, Articles of Incorporation and Bylaws of a property owners' association (Association) which compels membership in the Association by the owners of all lots in the Development, imposes mandatory assessments, and creates common areas (Common Elements). 5. The DEVELOPER has caused to be formed or will cause to fUped tbhe time o f filing of the Declaration, the an ion %r or ro er y (UnnrR Agcnr+ia•tinn- I (hereinafter Association) a non-profit r- (Unit Owners Association) corporation organized and existing under and by virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal S`Nr� d of collecting dues and assessments to provide f�wft�i`s� f�o12�5uch operation, maintenance, re -construction and repair:a��9g1� _ 6._ The COMMISSION desires to assure that the:v: spo.:5k System of the Development is properly constructed maintained and operated in accordance with law and permit `..•�_ P provisions..-1n, order -::to Protect the quality of the waters of the State�;,and `_the pub:l"ic interest therein. -2- NOW, THEREFORE, in consideration of the promises and the benefits to be .derived by each of the, parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION; and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans,- and the staff of the Division of Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that -the per be reissued to the Association. The request must ---include —a -copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in - the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order. -to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance j expenses, the Declaration and Association Bylaws shall provide I that a fund be created out of the common expenses. Such fund I shall be separate from the routine maintenance allocated for the j facility and shall be part of the yearly budget. +9 S. In the event the common expense allocation and separate j fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments cover such necessary costs. There shall be no limit on t�,l- of such assessments, and the Declaration and Bylaws Aa l.pr6i'rlae that such special assessments can be made as ned..b- ssaryl9aut iW 6. If a wastewater collection system Pand yiast:ewater. -- treatment and/or disposal facility provided by any city... town';: village, county, water and sewer authorities, or •othe•r"`unit.,,9f i government shall hereinafter become available toservel°.the -3- Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system; and shall convey or transfer as much of the Disposal System, and such necessary easements as the governmental unit may require as a condition -,of -accepting the Development's wastewater. 7. Recognizing that it would be contrary to' the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a --permit. 8. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System. until a perm--t• has been reissued to the DEVELOPER's successor. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6,; 7, and 8 above shall be conditions of any perm_t issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this 'agreement shall be -filed at the Register of Deeds in the County(ies) where the Declaration is filed and :.n the offices of the Secretary of State of .North Carolina with the Articles of Incorporation of the Association, IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL Jerry A. Jackson ME Ot S Q Name o Developer/RumpaRX Bv: R. P ul Wilms, Director Sign r Division of Environmental Management i ,�r t. �Y cc Jerry A. Jackson -%4S1_ (Date Print Name and Title MAY 9. 1 G88 (Date) :.;.. STATE OF NORTH CAROLINA COUNTY OF CRAVEN I, a Notary Public in and for said Co ty and Stat do hereby certify that JERRY A. JACKSON personally appeared bef •e me this day and, after being -duly sworn, acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the day of 1988. Nota My Commission expires: G 3 4ti l••i� i `I ...i permit No. W92200119 STATE OF NORTH CAROLINA COUNTY OF WAKE .� OPEP-%TIONhL AGREE"NT • -; THIS, AGREEM"T otde Feabrua pursuant to G.B. 14 ak!.J 5.1 (el1) and g entereded intro this day of r t h Carolina 1993--, by and., F e weea a enc otothe state Of North Ca olinaf Management Commission, An 9 Y COMMYSS1001 and her43inafte►r known as then Nor Fro rt owners �vnirtuen of then iiawa corporation the State of organized VIA stq un ear an y ,41 Carolina, hereinafter known, as the ASSOCIATION. WITNESSETHP 1. The AgsbCIATYON was ffirmed for . the pur►oia, among ; affairs and business of the others, of handiirig the property, (hereinafter deveetapmenb known a6 P1 tation FiarbOr xe�-constructing and 10 the Development); 'of operat nC�, ma nta Hiner ' :• ' r& ,. y - repairing the common etleements of the lands and improvements subject to unit ownership, including the Disposal Systs me end pt collecting dues and assessment to provide funds for ouch operation, maintenances, re -construction and repair, 2. The AS$OCZATION desires, to construct and/or operate a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities thereinafter Disposal system) to provide sanitary sewage disposal to -serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and/or operate. the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing 'of a Declaration of . unit ownership (hereinafter Declaration), pursuant to Chapter 41C of the North Carolina General Statutes. _ S. The COMMISSION desires to assure that the nieposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of .the State and the public interest therein. 2 in consideration of the promises and ',the NOW, THEREFORE, each of the parties: hers to► the e.fits to be derived by a, red as follows t MISSION and ASSOCIATION do hereby mutually 9 1. The ASSOCIATION shall construct the Disposal System /or make .any add! tions or rmsti f and i�'plan o and the Osp i f ic�►iOPOasl tiians accordance with the P the COKMISSIONi and shall -softer" issuet . and approved by stems and ;reafter properly operate and licablea maintin such' permit provisiOns - and :ilities in accordance with apP 2, The ASSOCIATION shall provide in the Declaration and jociation Bylaws that the Disposal System and "p be eseto are part of athe nd operated linents And *hall conformitX with h� waandrthe �perly maintained cvisians of the permit for construction, operation► repair, an intenance of the system and facilities. Tria Declaration and laws shall identify the entire -wastewater treatment, Callsetithe on d disposal eys"Gem as a common element vhi•o will Nre eive lox ghest priority for expenditures by the ASSQ CIATIOdecal, State and local taxes► and insurance. 3. The }ASSOCIATION shall provide in the•Daclaration and satiation Bylaws that the Disposal System will be,maintained of the common expenses, in order to assure that there shall iunda readily available to repair► maintain or construct the sposal System, beyond the routine operation and maintenance :pensea, the Declaration; and Association Bylaw& shall profund lat a fund be created out of the common expenses- loll to andashnll be part a£ the ye�z�y maintenance for the icili y 4. In the event the common expense allocation and separate Ind are not adequate for the constructions repair► and nintenance of the Disposal System, the 'Declaration and alooiation Bylaws shall -provide for special asseg0"n is to cover ach necessary costs. There shall be no limit on the amount of soh assessment$, and the special assessments Scan I)s made aaration and s Bylaws provide necessary atany hot such p i.me. 5. If a wastewater collection System and wastewater reatment and/or disposal facility provided by any city, town, iilage, county, water and sewer authorities, or other unit of overnment shall here,inaftOr bsoame available to a+srvo the evelopment, the ASSOCIATION shall take such action 69 ie ecessary to cause the existing and future wastewater of the ,evelopment.to be accepted and discharged into said governmente�l ystem/ and shall convey or transfer an much tat the Disposal ester► as a sconnecesditionsofye�ksements as the acoeptinq the development stal Unit wastewate wastewater. eguire as UJI 1, r` 6. Recognizing 'that it Would be contrary: to the public interest and to the public health, safety " d welfare for the ASSOCIATION to enter into voluntary dissolution without -having made adequate provision for the continu6d proper' maintenances, repair* and operation of its bisposal System, the ASgOCIAT10N shall provides in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first heaving transferred• its said system and facilities to some person, corporation or other "tlty acceptable to and approved by the COMMISSION by the i.e.suance of a permit. — 3 7. The ASSOCIATION shall not transfer, coryvey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a parmit has been reissued to the ASSOCIATION's succeme0to 9. The agreements not forth in numbered paragraphs 1, 2, 3, 4, 51 6, and 7 above ahall be conditions of any pert issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal. System. 9. A copy of this agreement shall be ,fired at they Register of needs in the County(iess) where the Declaration is filed and in the offices of the! Secretary of state of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF`, this agreement was executed in duplicate originals by the duly riuthorized representative of the parties hereto on the day and year written as indicated by each of the parties named below& FOR THE ENVIRONMENTAL AnthonyMonaco KAHAGEMENT COMMISSION Me,�ASSOCIAT ON res Merit - - - - or S i'g�h'ature Division of Environments]. -- Management 1. /f Date % �AutF►or zed by ASSOCIATION Eoir of Directors) 6. .. Hate Wastewater Treatment Facilities Management Contract THIS CONTRACT, entered into this April 2.2019. by and between K.T.A. Enterprises, a company owned by Kevin W. Mullineaux (hereinafter referred to as "KTA Enterprises"), and Plantation Harbor Property Owners Association 200 Antebellum Drive Havelock North Carolina 28532. (hereinafter referred to as "Customer"). WHEREAS, this contract concerns the Customer's Lagoon Sewer Plant facility (hereinafter referred to as "WWTP"). WHEREAS, KTA Enterprises wishes to operate the Plantation Harbor WWTP in accordance with the requirements as outlined in the operational duties of the current NPDES permit # W00000819 and acknowledges the requirement for additional spray fields and additional permit limits and conditions. With the desire and goal of consistently meeting compliance as it relates to operational control. WHEREAS, Customer wishes to retain KTA Enterprises as the operator of said WWTP. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. a. During the contract period the Customer agrees to pay to KTA Enterprises, for services performed, the sum of $800.00 per month. Said payment is to be made within 15 days of receipt of the bill from KTA Enterprises for the prior month's services and is subject to late fees after that period. b. In addition to the payments described in paragraph 1(a) above, Customer shall also compensate to KTA Enterprises, to the extent incurred by KTA Enterprises: • Hourly charges are based on time spent at the Customer's location, this does not include travel time. • Hourly rate of $18.00 for the purpose of irrigating plant effluent onto the designated expanded spray field acreage. • Hourly rate of $18.00 for the purpose of manual or hand clearing of ditches or other areas when mechanized equipment cannot be used. • Hourly rate of $18.00 for the purpose of mowing or bush -hogging outside of an effluent spray event. • Hourly rate of $45.00 for emergency response services to meet demands of a system failure (main break, etc.) or weather emergency such as hurricane, tornado, etc. • Hourly rate of $45.00 for design consultation, inspection of new septic tank installations, tee location services, issuance of certificate of authorization to connect new homes to PHPOA sewer system. • A potential 5% annual rate increase, rounded to the nearest one dollar, adjustment to the monthly fee from initiation date of this document. • The cost and expenses associated with repair services outside the scope of routine maintenance to any, and all customer equipment associated with subject facility. • Needed supplies purchased for the proper operation and maintenance of the WWTP such as chemicals, seed, fertilizer, weed killer, paint, etc. 2. As consideration for the payments to be made by the Customer as described in paragraph La. above, KTA Enterprises agrees to provide the following services to Customer: a. A licensed, certified, and experienced sewage treatment plant operator as defined by the State of North Carolina to perform all operational acts necessary for the purpose of keeping the WWTP operating in accordance with all applicable above referenced permit regulations. b. A back-up licensed, certified, and experienced sewage treatment plant operator as defined by the State of North Carolina. c. Routine operation and maintenance service and such other routine acts so that Customer will not be required to perform related task with respect to the routine operation of the WWTP. d. Collection of on -site effluent samples. The Customer will be responsible for all laboratory expenses, shipping charges, couriers, pickup charges, etc. e. Record keeping by accurate completion of all state monitoring reports, and forwarding said reports to Customer for signature and submittal by mail to the State in accordance with all regulatory deadlines. f. Procurement of supplies necessary for proper operation of the WWTP. g. Site vegetation maintenance; such as cutting irrigation fields as necessary as well as the related WWTP Lagoon berms and drive during effluent irrigation/spraying events. All other expenses such as site fertilization and/or seeding are not in included and would be billed separately. h. Provide 24/7/365 emergency service response for the WWTP and conveyance system. 3. KTA Enterprises will invoice the Customer on or about the 201 day of each month in which services are being performed. Such invoice will include, to the extent incurred by KTA Enterprises, repair services, procurement of supplies, and supervision. Any such items estimated to cost in excess of $350.00 shall first be approved by the Customer. 4. Customer authorizes KTA Enterprises to take, or cause to take, and KTA Enterprises shall take, or cause to take, immediate corrective action in the event of any malfunction, damage, or loss to any part of the WWTP during the term of this agreement. Where such action is required at times other than those of normal inspection, KTA Enterprises shall be additionally reimbursed at the rate of $45.00 per hour, in addition to any related costs incurred. Estimated cost for such actions shall be limited to $400.00 without prior approval of the Customer. 5. Customer agrees to hold harmless and indemnify KTA Enterprises or any of its associates against claims, losses, cost, expenses, damages and liabilities, including attorneys' fees for injury to or death of any person and damage to, or theft or misappropriation or loss of any property or the income derived there from, due to any act or omission of the Customer or any of the Customer's respective agents, employees, or independent contractors engaged by the Customer other than KTA Enterprises. 6. Customer agrees to accept only typical residential sanitary sewage into the WWTP for treatment. 7. This Contract shall be in force for a period of ten (l 0) years from the date hereof and may not be modified, altered or amended except by agreement in writing executed by the parties hereto. It is understood and agreed by both KTA Enterprises and the Customer that Customer or KTA Enterprises may terminate this agreement at any time by giving one hundred twenty (120) days advance written notice. 8. KTA Enterprises will cant' liability insurance in the amount of $500,000.00 and shall furnish evidence of same to PHPOA. 9. KTA Enterprises will carry workers compensation insurance for its employees if applicable. 10. Customer will carry liability insurance in the amount of $2,000,000.00. 11. KTA Services is responsible for all costs incurred in obtaining proper licensing for its employees from the state of NC for maintenance of the WWTS in accordance with all state regulations. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first written above. George W. Radford, Chairman, WW Committee Plantation Harbor Property Owners Association 200 Antebellum Drive Havelock, NC 532 By f2 "4-r Date LQ-514�. N Kevin W. Mullineaux. President KTA Enterprises PO Box 317 Havelock, N 28532 s� By�- Date =mil' PLANTATION HARBOR PROPERTY OWNER'S ASSOCIATION 200 Antebellum Drive Havelock, NC 28532 March 21, 2023 North Carolina Department of Environmental Quality Division of Water Resources Attn: Information Processing Unit System Performance Annual Report 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Permit No. WQ0000819 Calendar Year 2022 Performance Annual Report To Whom It May Concern: Please find enclosed our calendar year 2022 Annual Performance Report. Any comments or questions may be directed to the undersigned at 252-652-7006. , ,.5`,incerely, 7 ; l , roft Register Sewer Committee Chairman Enclosure: CY2022 Performance Annual Report Copy to: PHPOA Officers & Directors Kevin Mullineaux, ORC for Permit #WQ0000819 Performance Annual Report — Calendar Year 2022 I. General Information Facility/System Name: Wastewater Spray Irrigation System Responsible Entity: Plantation Harbor Property Owners Association Person in Charge/Contact: Croft Register, Director Applicable Permit: WQ0000819 Description of Collection System or Treatment Process: 79,710 gallon per day (GPD) spray irrigation treatment and disposal facility consisting of up to 332 individual septic tank effluent pump systems, each consisting of a 1,200 gallon baffled septic tank, a 44-gallon pump tank with a 10 GPM submersible pump and a high-water alarm, and approximately 11,655 linear feet of 2 inch, 2.5 inch, and 3 inch force main, a 2.6 million gallon treatment lagoon, a 3.8 million gallon storage lagoon, a pump station for the spray irrigation system consisting of dual 225 GPM pumps with high water alarms, a liquid chlorine feed system with dual contact chambers and 30 minutes of detention, a 49.62 acre spray irrigation field, and all associated piping, valves, and appurtenances to serve individual homes in Plantation Harbor with no discharge of wastes to the surface waters. II. Performance Text summary of System Performance for Calendar Year 2020 System Permit was renewed effective January 2023 and expires in December 2029. System was operated in accordance with permit conditions. The outcome of State Inspection in August 2022 indicated the facility appeared to be operating in compliance. List (by month) any violations of permit conditions or other environmental regulations. Not Applicable. III. Notification Since there are presently approximately 40 connections to this system, this report is being mailed out with annual meeting documentation to property owners. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. further certify that this report is being made available to the users or customers of the named system at those users ing notified of its availability. Croft Regist WWTS Committee Chairperson, PHPOA Date: 21 March 2023 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 12, 2009 George Radford, Director Plantation Harbor Property Owner's Association, Inc. 200 Antebellum Drive Havelock, North Carolina 28532 Dear Mr. Radford: Dee Freeman Secretary Subject: Permit No. WQ0000819 Plantation Harbor Wastewater Irrigation System Craven County In accordance your email request (enclosed) received June 1, 2009, we are forwarding herewith a corrected Permit No. WQ0000819, dated May 12, 2009. The purpose of this action is to correct the following items as described below: • The recalculation of the authorized connections as 332 using the new adjusted daily flow rate of 80 gpd/bedroom. • The replacements of the gas feed chlorination system with liquid feed chlorination system and the 15 acres spray irrigation field to 49.62 acres in the permit description. • Copies of the original waivers are included in this permit correction. • The setback of 150 feet to any property line from the irrigation site has been changed to 50 feet. • Based on 15A NCAC 02T .0505(1)(2), the requirement for the automatically activated standby power has been deleted from the permit. • To clarify, the State requires 12 months prior to the time that you submit your permit for renewal of data of the actual (measured) monthly average amount of wastewater contributed per unit (GPD/br). The permittee shall re-evaluate the approved value using the methodology used to determine the approved flow rate of 80 GPD/br and submit this information eighteen months following the submittal of the renewal. AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699.1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 j Phone: 919-733.32211 FAX 1: 919-715.0588; FAX 2: 919.715.60481 Customer Service: 1-877-62� 6748 Intemet: www.ncwateraualitv.om An Equal Opportunity! 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