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
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Select
Select
Select
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Select
Select
Select
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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
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-76.7474670
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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
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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
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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
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\"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,
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- � 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 ,
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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
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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
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ylrt
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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
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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! Affirmahve Action Employer
One
NorthCarolina
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