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HomeMy WebLinkAboutSW8131007_CURRENT PERMIT_20230125STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 131oo-i DOC TYPE © CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 o 23 o i Zs YYYYMMDD ROY COOPER Governor ELIZABETH S. BISER Secretary' DOUGLAS R. ANSEL Interim Director January 25'", 2023 The Townes at Holly Ridge HOA, Inc. Attn: Kenneth Bradshaw, President Post Office Box 12 Holly Ridge, NC 28445 NORTH CAROLINA Environmental Quality Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 131007 Holly Ridge Townhomes Onslow County Dear Mr. Bradshaw: The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on January 20', 2023. The Division is hereby notifying you that permit SW8 131007 has been renewed, updated, and re -issued on January 25', 2023, as attached. A copy of the current operation and maintenance agreement is also enclosed. Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until January 2ad, 2030 and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee,(if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh; NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit,.please contact Aisia Freeman in the Wilmington Regional Office, at phone # (910) 796-7318 or Aisia.freeman@ncdenr.gov. Sinnceer��ely ., Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C— Permitting History Copy of the Renewal Application Documents Copy of the current operation and maintenance agreement DES/af: %StormwaterTermits & Projects\2013\131007 HD\2023 01 permit 131007 cc: Wilmington Regional Office Stormwater File �tt North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources J/ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2&405 Noara rwrourvn ���""" 910.796:7215 Post Construction Stormwater Management Permit No. SW8 131007 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST- CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO The Townes at Holly Ridge HOA, Inc. The Townes at Holly Ridge On US17 0.8miles west of NC50, Holly Ridge, Onslow County FOR THE construction, operation and maintenance of one (1) wet detention pond(s) in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter separately and collectively referred to as the "stormwater rules') as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until January 2ntl 2030 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for 60 lots, each allowed a maximum of 683 square feet of built -upon area. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. The wet pond has been designed to handle the runoff from 95,530 square feet of impervious area. No future impervious area has been allocated in the permitted design. 4. The maximum built -upon area allowed for the entire subdivision is 95,530 square feet. Page 1 of 6 Post Construction Stormwater Management Permit No. SW8 131007 The project shall provide and maintain a 50' wide vegetative buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ft2: . Offsite, ft2: b. Total Impervious Surfaces, ft2: Onsite, ft2: Offsite, ft2: c. Average Pond Design Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP, ft2: h. Permitted Temporary Storage Volume, i. Temporary Storage Elevation, FMSL: j. Predevelopment 1 yr-24 hr. discharge k. Controlling Orifice: I. Orifice Flowrate, cfs m. Permanent Pool Volume, ft3: n. Forebay Volume, ft3: o. Maximum Fountain Horsepower: p. Receiving Stream / River Basin: q. Stream Index Number: r. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 155,954 155,954 0 95,530 95,530 0 3.0 90% 1.5 60.50 11,169 ft3: 12,259 61.40 rate, cfs: 6.48 2.00" fd pipe 0.06 26,774 5,355 N/A Cypress Branch / Cape Fear 18-87-6-2 "SA, HQW' (outside of a % mile) 1. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 2. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 5. All stormwater collection and treatment systems must be located in either public rights -of -way or dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common area and easements, in accordance with the approved plans. Page 2 of 6 Post Construction Stormwater Management Permit No. SW8 131007 6. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 9. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 10. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 11. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition. The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. 12. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 3 of 6 Post Construction Stormwater Management Permit No. SW8 131007 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The project and the stormwater facility must be in compliance with all permit conditions. Any items not in compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. The following deed restrictions and protective covenants related to stormwater management have been recorded in Book 4372 on Pages 264 - 282 with the Onslow County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 131007, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is 683 square feet. This allotted amount includes any built - upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built -upon area in excess of the permitted amount will require a permit modification. I. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. k. If permeable pavement BUA credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction. 16. A decorative spray fountain will not be allowed in the stormwater treatment system because the permanent pool volume is less than 30,000 cubic feet. III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. Page 4 of 6 Post Construction Stormwater Management Permit No. SW8 131007 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants, V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Page 5 of 6 Post Construction Stormwater Management Permit No. SW8 131007 Permit renewed, updated, and reissued this the 251" day of January 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION CRC W' q 1 Douglas R. Ansel, In rim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 6 Attachment C - Permitting History Holly Ridge Townhomes Permit No. SW8 131007 Approval permit Action BIMS Description of the Changes Modified Plan Sheets Date Version High Density Subdivision Wet Pond Project - construction, operation and maintenance of one (1) wet detention pond(s) in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-21 I. The subdivision is permitted for 60 lots, each allowed a maximum of 683 square feet of built -upon area. This stormwater system has been approved for the Original management of stormwater runoff as described in Section EC 1-3, DA 1-3, 1 (of 1/2/2014 Approval LO 1.6 of this permit. The runoff from all built -upon area 1), 5 (of 8) within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. The wet pond has been designed to handle the runoff from 95,530 square feet of impervious area. No future impervious area has been allocated in the permitted design. The maximum built -upon area allowed for the entire subdivision is 95,530 square feet. Permit Transfer -HIGH DENSITY SUBDIVISION DEVELOPMENT -construction, operation and maintenance of one (1) wet detention pond(s) in compliance with the provisions of 15A NCAC 2H A000 and Session Law 2008-21 I. The subdivision is permitted for 60 lots, each allowed a maximum of 683 square feet of built -upon area. This stormwater system has been Major approved for the management of stormwater runoff as 11/19/2019 Modification 1.1 described in Section 1.6 of this permit. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. The wet pond has been designed to handle the runoff from 95,530 square feet of impervious area. No future impervious area has been allocated in the permitted design. The maximum built - upon area allowed for the entire subdivision is 95,530 square feet. 1/25/2023 Renewal 2.0 New expiration date 1/2/2030 Page 1 of 1 Project Name Project Location on The Townes at Holly Ridge IUA l 3 do 7 Onslow na location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & a Bioretention Cell Quantity: Dry Detention Basin Grassed Swale Green Roof Infiltration Basin Infiltration Trench Level SpreaderNFS Permeable Pavement Proprietary System Rainwater Harvesting Sand Filter Stormwater Wetland Wet Detention Basin Disconnected Impervious Area User Defined BMP Quantity: Quantity: Quantity: Present: O&M tables will Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): oe I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. Signature: Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: The Townes at Holly Ridge HOA, INC David Demoss, President PO BOX 590 Rocky Point, NC 28457 910-617-0995 �'®wN�so� holly ��dq.cho,a � o Date: 10/��fj'"/%// 5 a Notary Public for the State of W01r- h C/k1 altn t 1 r� County of do hearby certify that 1 L^FtV1[� �21�SS personally appeared before me this day of and acknowledge the due execution of the O ations and Iv]ainte ante Agreement. Witness my hand and official seal,/lam y1\\\\14W1141 NOTARY PUBLIC �Gtis z # My commission expires 1.4 OtGt uia7Trfa 8/16/2n19 Page 1 of 5 Wet Detention Pond Maihtehahce Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. _ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the Flushing of sediment through the emergency drain should be minimized to the maximum extent practical. Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM-EZ 8/16/2019 Version 1.4 O&M Manual Page 3 of 5 �a; .,.'WetDetention Pond -Maintenance LRequirements (Continued),,,,'-,, The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. STORM-EZ 8/1612019 Version 1.4 O&M Manual Page 4 of 5 Wet Detention Pond Design Summary Wet Pond Diagram WET POND ID FOREBAY MAIN POND Pond 1 Permanent Pool El. 60.5 Permanent Pool El. IE Temporary Pool EI: 61.4 Temporary Pool El:Pretreatment other NoClean Out Depth: 4.5 Clean Out Depth:than forebay? Sediment Removal El: 56 Sediment Removal El:Has Veg. Filter? Yes Bottom Elevation: 55 Bottom Elevation: STORM-EZ 8/19/2019 Version 1.4 O&M Manual Page 5 of 5 . DEMLR USE ONLY Date Re ived , Fee Paid Permit Number 13too NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(j, the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit N mber: .5 W S 13 6 �� 2. Project name: 0 , n Gj (t7. F}o I � h %r . 'r 3. Project street address: or) �%� ! � O• rhoI ' WPSi City: U6�� �IZ. County: UL ___ zip: 4. What, if any, changes have been made to the project as permitted? it 0'v1 If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https //deg nG.gov/a bout/d ivisionsle B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form nr the Permit Transfer form available at: httos://deq.nc qov/about/divisions/energy-mineral-land- automatically transfer with the sale of the prop( 1. Current Permit Holders Company Name/C 2. Signing Official's Name: Yl Pi 3. Signing Official's Title: sdes 1 4. MailingA ass: )6S� �� c� City: _i` 7k r I t 5. Street Address: oS O - 1c-e— City: I 6. Phone: (� 3 I j y') - Email: State Stormwater Permits do not s Nal �v�2j��e, Inc, _State: ill ZIP: 2F W 6 State: ZIP: `l/ or� JAN 2 0 2023 BY: Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 ft C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each Item below to indicate that the required Information Is provided In the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. J✓_ 2. On ongmal geed -herb copy and one eleatrenit�opy of this completed form. The signing official name on this application to represent the current permittee must meet one of the following: a.' Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. .Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. _ 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ❑ 1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for ail SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. _ 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). hftps://www.sosnc.gov/online services/search/by title/ Business Registration �I JAN 2 0 2023 j Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION I I 1, PiY n. Eve f ?IMJS y'L , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, cor ect and mplete. Signature: Date: A— �— u NOTARIZA that this the �� , a Notary Public for the State of of /T /&) �LlLL-+`-O L" --� , do hereby certify personally appeared before me day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature`%L w� My commission expires JAN 2 0 2023 BY:_ Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Permit No. (to be provided by DWO) . -.... ���. 2pF W A7'FgO AO G NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. Project name Holly Ridge Townhomes • Contact person Howard Resnik PE Phone number �910,791 4441 Date S12/17/2013 Drainage area number .1 Site Characteristics Drainage area. �155,954''ftz Impervious area, post -development 95,5301fe impervious 61.26 Design rainfall depth 1 % " 1.5'. in Storage Volume: Non -SA Waters Minimum volume required •11,696'. Ka Volume provided 12,259�ffa OK, volume provided is equal to or in excess of volume required. Storage Volume: SA Waters 1.5' runoff volume Pro -development 1-yr, 24-hr runoff Post -development 1-yr, 24-hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the prelpost control of the tyr 24hr storm peak flow required? 1-yr, 24-hr rainfall depth Rational C, pre -development Rational C, post -development Rainfall intensity: l-yr, 24-hr storm Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Pre/Post 1-yr, 24-hr peak flow control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation (approx. at the perm. pool elevation) Top of 10h vegetated shelf elevation Bottom o11Oft vegetated shelf elevation Sediment cleanout, top elevation (bottom of pond) Sediment cleanout, bottom elevation Sediment storage provided Is there additional volume stored i above the state -required temp pool? Elevation of the top of the additional volume y,- :(Y or N) ,....-.3.8''.in �; (unitless) vs(unitless) 3" .'0.16;irVhr OK 6.48 fe/sec 18.10 fe/sec 11.62 fta/sec , ::61.40.fmsl ' ,P';BO.SOamsl ", 60.50 fmsl ''- 61100!fmsl /. 60.00'frad 7-7 <. !. 55.00 fmsl 1.00tt EIGEO E " OK DEC 17 2013 .61.4.fmsl r BY. Form SW401-Wet Detention Basin-Rev.94118112 Parts I. & 11, Design Summary, Page 1 of 2 Permit No. Ira be provided by DWO) ILMESIGNINFORMATION` °� ;= Surface Areas Area, temporary pool `15,119it, Area REQUIRED, permanent pool 13,506 tt2 SAIDA ratio 8.66.(unilless) Area PROVIDED, permanent pool, Amm� „'- r 1,1,169'fe Area, bottom of 1 Oft vegetated shelf, A,_,, ; 8,353!W Area, sediment cleanout, top elevation (bottom of pond), Awt, a 77772,9 fe Volumes Volume, temporary pool '12 259',fe Volume, permanent pool, V�„�y,,,, .. ..,� 26,774`,fP Volume, forebay (sum of forebays if more than one forebay) 5,355, to Forebay % of permanent pool volume 20.0% SAIDA Table Data Design TSS removal`.90:% _ Coastal SAIDA Table Used? -:• y (Y or N) MountaiNPiedmont SAIDA Table Used? -- - (Y or N) SAIDA ratio 8.66 (unitless) Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) n "',(Y or N) Volume, permanent pool, Vp,,,,—, 26,774 fte Area provided, permanent pool, /,m,� 11,169 fe Average depth calculated " :ft Average depth used in SAIDA, d,,, (Round to nearest 0.5ft) F tt Calculation option 2 used? (See Figure 10.2b) y " "-i(Y or N) Area provided, permanent pool, A,,,,y, 11,169 to Area, bottom of 1 Ott vegetated shelf, A, ,� 8,3531t, Insufficient permanent pool surface area OK Nil Need 3 ft min. Area, sediment cleanout, top elevation (bottom of pond), Awry nd 2,932 N' 'Depth' (distance blw bottom of 10ft shelf and top of sediment) 4.00 ft Average depth calculated �,i'3.14;tt OK Average depth used in SAIDA, d,,, (Rand to down to nearest 0.5ft) 3.0-ft OK Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if -non -circular) Coefficient of discharge (CD) Driving head (H,) Drawdown through weir? Weir type Coefficient of discharge (C„) Length of weir (L) Driving head (H) Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge orifice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width rafio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build -out? Drain mechanism for maintenance or emergencies is: ;Y ...,.. (Y or N) ea 2.00In 'In2 OK, draws down in 2-5 days. 3,;:1 OK 10':1 OK 10.0!ft OK 3:1 OK •� �: 3,0.:1 OK y-. -(YorN) OK y;ff OK . ".. n,, ,-..:.(YorN) OK y ->^:(Y or N) OK y ' (YorN) OK ooftablepumD" '. ,,. F(CEUVE DEC 17 2013 Form SW401 Met Detention Basin-Rev.9-Q18t12 Pane I. & II. Design Summary, Page 2 of 2 i Permit (to be provided by DWQ) Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. 1. Plans (1' - 50' or larger) of the entire site showing: Design at ultimate build -out, Off -site drainage (if applicable), Delineated drainage basins (include Rational C coefficient per basin), Basin dimensions, Pretreatment system, High flow bypass system, Maintenance access, Proposed drainage easement and public right of way (ROW), Overflow device, and Boundaries of drainage easement. %r IF. LXL 2. Partial plan (1' = 30' or larger) and details for the wet detention basin showing: Outlet structure with trash rack or similar, Maintenance access, Permanent pool dimensions, Forebay and main pond with hardened emergency spillway, Basin cross-section, Vegetation specification for planting shelf, and Filter strip. A ✓Z. C—Q 3. Section view of the wet detention basin (1" = 20' or larger) showing: - Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and - Inlet and outlet structures. 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified on the plans prior to use as a wet detention basin. c ys 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for frebay, to verify volume provided. �f>=?� rE U�1 E �L �— 6. A construction sequence that shows how the wet detention basin wild be protected from sedim(ryefnRIuntil the entire drainage area is stabilized. OCT 16 2013 l! �. gA 7. The supporting calculations. '/n B' e4x6el 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. 9. A copy of the deed restrictions (if required). rAcs 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County soil maps are not an acceptable source of soils information. Form SW401-Wet Detention Basin-Rev.9-4/1 sit Part III. Required Items Checklist, Page 1 of 1 Holly Ridge Townhomes Stormwater Permit No. SW8 131007 Onslow Count Designer's Certification JICIC JIVIIIIWd= MC110I4U IGIII JVJICIIIJ Permit No. SW8 131007 f G-I�-Ive. ,I J�5ul14IndlideU Page 1of2 r Howard Resnik, PE , as a duly registered engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, HOLLY RIDGE TOWNHOMES (Project) for TTHR, INC (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Registration Number Date 3. 0 \\\\ \\A tCA,? 0�i�� a SEAL v':r = 025483 r 1S0 - + �Q ' GENE SEAL MAR 2j2019J a Page 7 of 8 State Stormwater Management Systems Permit No. SW8 131007 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. All the built -upon area associated with the project is graded such that the runoff drains to the system. 14U_4 I All roof drains are located such that the runoff is directed into the system. JtL5. The outlet/bypass structure elevations are per the approved plan. �8. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 9L8. All slopes are grassed with permanent vegetation. d'(9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 'F' 11. The permitted amounts of surface area and/or volume have been provided. U,ke 12, Required drawdown devices are correctly sized per the approved plans. i UJf 13. All required design depths are provided. 1114. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. L415. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office Inspector, Onslow County Building Inspections MAR 16 2%Q Page 8 of 8 Doc 10: 012412190019 Type: ORP Retarded: 10/21/2015 at 10:01:04 M Fee Rmt: $42.00 Page 1 of 19 Onslow county ND Rebecca L. Pollard Req. of Deeds BK4372 Pe264-282 STATE OF NORTH CAROLINA COUNTY OF ONSLOW MASTER DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE TOWNES AT HOLLY RIDGE THIS MASTER DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE TOWNES AT HOLLY RIDGE (hereinafter the "Declaration") is made this dlsl day of October 2015, by l-fHR, INC., a North Carolina corporation, (hereinafter the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of a certain tract of land situated in Stump Sound Township, Onslow County, North Carolina, being more particularly described on Exhibit "A", being hereinafter referred to as the "Development Area"; and WHEREAS, Declarant is constructing on a portion of the Development Area, a residential subdivision, which may include community facilities for the benefit of the community, with single family townhouses, hereinafter referred to as the "Project", and plans to construct on the remainder of the Development Area either single family townhouses; and WHEREAS, Declarant desires to provide for the preservation and enhancement of the property values and amenities within said community and to provide for the maintenance of common areas, properties and improvements located thereon, and to this end desires to subject the Project property to the covenants, restrictions, easements, charges and liens as are hereinafter set forth, each and all of which are for the benefit of said real property and each present and future owner thereof. NOW, THEREFORE, it is hereby declared by Declarant that the Property described herein is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, casements, charges and liens hereinafter set forth; said Property property being more particularly described as follows: ARTICLE 1 DEFINITIONS Section I.I. "Association" shall mean and refer to "THE TOWNES AT HOLLY RIDGE HOA, INC.", a North Carolina non-profit corporation, its successors or assigns. Section 1.2. "Board" shall mean and refer to the Board of Directors of the Association. Section 1.3. "Common Area" shall mean all real property owned by the Association, if any, for the common use, benefit and enjoyment of the Owners and designated as "Common Area" and those areas of land shown on any recorded subdivision map of any portion of the I ertics not situated within the boundary of any Lot. t aus o 1 zats BY:_ Book: 4372 Page: 264 Page 1 of 19 Section 1.4. "Common Expenses" shall mean and refer to: (A) the actual and estimated expenses of operating the Association, including f any reasonable reserve, all as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the Articles of Incorporation of the Association and its By -haws; (B) all amounts expended by the Association in accordance with this Declaration in holding and being responsible for the obligations of the Stormwater Management Permit Number SW8 131007 and overseeing, supervising, administering, managing, repairing. replacing and insuring all Stormwater Management Facilities located within the Project Area as required by this Declaration and all amounts expended in enforcing the provisions of the Permit; (C) all amounts expended by the Association for the maintenance, protection, operation, administration, management, repair, replacement, improvement, payment of all taxes imposed, and insuring, the improvements situated in and on the Common Area, including, but not limited to the Recreational Common Area, streets, drives and landscaped areas; and (D) all amounts expended by the Association for the utilization of the groundwater return pipeline and groundwater storage easement for the use and benefit of the Project. Section 1.5. "Declaration" shall mean the covenants, restrictions and easements and all other provisions set forth in this entire document, as may from time to time be modified or amended. Section 1.6. "Declarant" shall mean and refer to l"IHR, Inc., a North Carolina corporation, or any successor in title or any successor in interest of TTI IR, Inc. Section 1.7. "Development Area" shall include that property described on Exhibit "A", all or part of which may from time to time be submitted to and made subject to the terms of this Declaration. Section 1.8. "Living Unit' or "Unit" shall mean find refer to any portion of a structure situated upon Properties designed and intended for use and occupancy as a residence by a single family. Section L9. "Lot' shall mean any separately described parcel of land as defined in NCGS § 47F-1-103, shown upon any recorded subdivision map of the Properties, with the exception of Common Area, private streets, private drives, and casements. Section 1.10. "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a pan of the Properties, but shall not include those having such interest solely as security for the performance of an obligation. Section I.I 1. "Parcel' shall mean and refer to a portion or part of the real properly, together with the improvements located thereon, which becomes subject to this Declaration. 'Phis term shall include any additions to the existing Properties as herein provided. Section 1,12. "Property" or "Properties' shall mean and refer to any of the real property which is, or may be, subject to this Declaration or any Supplemental Declaration. Section 1.13. "Supplemental Declaration" shall mean and refer to any declaration of covenants, restrictions, easements, charges and liens recorded by the Declarant, or its successors and assigns, which applies to a specific Parcel within the Properties. E G E p'V,t ARTICLE 11 AUG 01 2019 FUTURE ANNEXATION BY: The Declarant, for itself and its successors and assigns, hereby expressly reserves tfie� right, but shall in no way be obligated, to expand the real property which is subject to this Declaration without the consent or joinder of any Owner or Owners of any [,of or lots or person or entities having a lien or security interest in such Lot or Lots, by annexing, from time to time all -2- Book: 4372 Page: 264 Page 2 of 19 or any portion of the tract of land known as the Development Area and being more particularly described on Exhibit A, attached hereto and incorporated herein by reference as if fully set forth. the Declarant ntav also identify and annex to the Development Area by amendment hereto any other property as Declarant in its sole discretion may determine. An amendment to this Declaration shall be made and recorded in the office of the Register of Deeds of Onslow County, North Carolina, to include each portion of the real property which is to be subject to this Declaration, and each such portion of the real property shall constitute an addition to the Properties. The right of the Declarant, or its successors and assigns, to expand the Properties as herein provided shall expire twenty (20) years following the date of recordation of this Declaration or upon the sale or conveyance of all of the property described in Exhibit "A", whichever occurs first. ARTICLE Ill SUPPLEMENTAL. DECLARATIONS The Declarant shall have the right, from time to time, to record Supplemental Declarations for a Parcel or Parcels of the Development Area which may designate specific use and other restrictions within said Parcel, may amend, modify andlor revise specific restrictions in this Declaration to be applicable only to such Parcel or Parcels, may create Common Areas within such Parcel for the use only of Owners of Lots in said Parcel, and may create a separate owners association exclusively for such Parcel; provided, however, no Supplemental Declaration shall avoid membership in the Association by Owners of Lots in said Parcel. ARTICLE IV COMMON AREAS AND COMPLIANCE WITH STORMWATER PERMIT Section 4.1. Dedication. The Common Areas, Recreational Common Area and related improvements, Private Streets and Private Drives in each Parcel shall be dedicated as such by the Declarant, or its successors and assigns, before the first Lot in each Parcel is conveyed to an Owner. Section 4.2. Maintenance and Compliance with Stormwater Permit. The Association shall be responsible for the exclusive management and control of the Common Areas, and all improvements located thereon (including recreational facilities, landscaping, sanitary sewer facilities, fixtures and equipment related thereto), except as may otherwise be provided for in a Supplemental Declaration. This paragraph specifically empowers, but does not limit other powers of, the Association to control and regulate the hours and periods of operation of all recreational facilities, including, but not limited to the Common Area, and all maintenance, repair, and replacement of sanitary sewer facilities and payment of all fees, costs and expenses for the groundwater return pipeline and groundwater storage easement, and all maintenance of landscaping in the Common Area, even if the areas are subject to a sub -association created by this Declaration, or any amendment to this Declaration and recording of a Supplemental Declaration. Additionally, the Association shall oversee, inspect, maintain, repair and replace the Stormwater Management Facilities constructed pursuant to the Stormwater Permit (the "Permit"); to enforce the provisions of the Permit; to enforce each Lot owner's obligations with respect to the Stormwater Management Facilities pursuant to this Declaration; to enforce each Lot owner's obligations with respect to all applicable North Carolina Sedimentation and Erosion Control Permits; said authority to be exercised, if and only if. and when and only when, Declarant transfers the Permit to the Association. Section 4.3. Owners' Easements of Enjoyment. Every Owner shalt have a right and easement of enjoyment in and to the Common Area, together with and including the right of access, ingress and egress, both pedestrian and vehicular, on and over the drives, walkways and parking areas of the Common Area, all of which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (A) The right of the Association to suspend the voting rights and the right to use the recreational or other Common Area by any Owner for a period during which any assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days (unless otherwise provided by a court of competent jurisdiction) for any infraction of its 1 C: L=A'4Iq CE AUG C 1 2019 U Book: 4372 Page: 264 Page 3 of 19 published rules and regulations; (B) The right of the Association to dedicate, sell, lease or transfer all or any pan of the Common Area, or any interest therein, to any public agency, authority, or utility, or to any other person for such purpose and subject to such conditions as may be agreed upon by the Members. No such dedication, sale or transfer shall be effective unless it has been approved by two-thirds (2/3) of each class of Members and an instrument of dedication, sale, lease, or transfer property executed by the Association has been recorded. On such instrument the Secretary of the Association shall certify that two-thirds (2/3) of each class of the Members have approved the dedication, sale, lease or transfer and that certificate may be relied upon by any third party without inquiry and shall be conclusive as to any grantee, its successors or assigns; provided, however, conveyances for general utility purposes, sanitary sewer, storm sewer, road rights of way and other conveyances for dedication to the public, as specified herein, may be made by the Association without consent of the Members: (C) 'I he right of the Association to limit the number of guests of Members; (D) "I he right of the Association, in accordance with its Articles and Bvlaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof m mortgage the Common Area, and the rights of such mortgagee in the Common Area shall be subordinate to the rights of the Members hereunder; (E) The right of file Association, in accordance with its Articles of Incorporation or Bylaws, to impose rules and regulations for the use and enjoyment of the Common Area which rules and regulations may further restrict the use of the Common Area and create and restrict the use of Limited Common Area, if any; and (F) The right of Owners of Lots on additional lands annexed to the Property initially, or subsequently, to the easements of enjoyment and rights of ingress, egress and access, as specified above, to the Property and all subsequent Parcels annexed to the Development Area. ARTICLE V MEMBERSHIP AND VOTING RIGHTS Section 5.1. Members. Every record Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot, which is subject to assessment. Section 5.2. Class of Membership. 'Ihe Association shall have two classes of voting membership: (A) Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vole for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members, however, the vote f'or such Lot shall he exercised as they have among themselves determine, or as set forth in the Bylaws, but in no event shall more than one vote be cast with respect to any Lot. Fractional voting is prohibited. For purposes of membership and voting rights under this paragraph, Declarant shall be deemed to own three (3) Lots for each undeveloped acre of land set out in Exhibit A. (B) Class B. The Class B Member shall be the Declarant and shall be entitled to three (3) voles for each Lot owned, including lots later added pursuant to annexation of 'U additional property as set forth in this Declaration. The Class B membership shall cease and be A1 o- ' LUIJ convened to Class A membership with one vote for each Lot on the happening of either the JJ U J following events, whichever occurs earlier: BY:_ (1) when the total votes outstanding in Class A membership equal the total votes outstanding in Class B membership; (2) on that date which is ten (10) years from the date of recording this -4- Book: 4372 Page: 264 Page 4 of 19 Declaration; (3) on that date which is five (5) years from the dale of recording of the last Supplemental Declaration annexing the last Parcel of the Development Area; or (4) at the discretion of the Declarant with said discretion indicated by the recording of an instrument converting Class B membership to Class A membership. Section 5.3. Suspension of Voting Rights. The right of any Member to vote may be suspended by the Board of Directors of the Association for just cause pursuant to its rules and regulations, the Articles and Bylaws of the Association. ARTICLE VI COVENANT FOR ASSESSMENTS Section 6.1. Purpose of Assessment . *1'he assessments levied by the Association shall be used exclusively to promote the recreation, health, safely, and welfare of the Owners of Lots and comply with all obligations imposed by the Stomtwater Permit and Erosion and Sedimentation Control Permit, and for the use and enjoyment of the Common Area, including but not limited to, the cost of maintenance, repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes and public assessments assessed against the Common Area, the providing for security to the Property, the procurement and maintenance of insurance in accordance with this Declaration, or the Bylaws or as deemed appropriate by the Board, the employment of counsel, accountants, and other professionals for the Association when necessary, and such other needs as may arise. Further, said assessments shall be for payment of all amounts expended by the Association in holding and being responsible for the obligations of the Permit and overseeing, supervising, administering, managing, repairing, replacing and insuring all Stormwater Management Facilities located within the Subdivision as required by this Declaration; all amounts expended by the Association in enforcing the provisions of this Declaration, as may be amended; all amounts expended by the Association in the performance of its duties hereunder from and after the time Declarant transfers the Permit; and all amounts expended by the Association in legal, engineering or architectural tees and all similar fees which may be incurred by the Association from time to time in performing the functions delegated to the Association by this Declaration. Section 6.2. Creation of the Lien and Personal Obligation of Assessments. The Declarant, For each Lot owned within the Properties, hereby covenants, and each Owner of any Lot, other than the Declarant or its successors, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (A) Annual assessments or charges; (B) Special assessmcnts for extraordinary maintenance and capital improvements; �{� (C) Special assessments for purchase, construction or reconstruction of - improvements; and AUG 01 2019 (D) To the appropriate governmental taxing authority, a pro rata share of valorem taxes against, and assessments for private improvement to, the Common Area, private roads if the Association shall default in payment thereof. The Annual and Special assessments, together with interest and costs, and reasonable attorney's fees for collections, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs and reasonable attorney's tics, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment became due. The personal obligation for the delinquent assessments shall not pass to his successors in title unless expressly assumed by them, -5- Book: 4372 Page: 264 Page 5 of 19 Section 6.3. Minimum Annual Assessment. The initial annual assessment for the Common Area and Stornwater Permit compliance shall be Three 1 fundred Sixty Five Dollars ($360.00) per Lol. Section 6.4. Increase of Annual Assessment. From and after January 1, 2016, the annual assessments effective for any year (including 2016) may be increased from the preceding year by the Board of Directors, without a vote of the membership, by the percentage which may not exceed fifteen (15%) percent. From and after January 1, 2016, the annual assessments for the Common Area may be increased by a percentage greater than that permitted to be made by the Board of Directors under this Section by an affirmative vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for such purpose. The limitations herein set forth shall not apply to any increased assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. Section 6.5. Criteria for Establishing Annual Assessment. In establishing the annual assessments for any assessment year, the Board of Directors shall consider all current costs and expenses of the Association, any accrued debts, and reserves for future needs, but it may not fix the annual assessment in an amount in excess of fifteen (15%) percent of the previous year's assessment, without the consent of the Members as required under this Section, unless the determination of such costs and/or expense is otherwise required by law, or beyond the control of the Association. Section 6.6. Special Assessments for Capital Improvements and Insurance. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, restoration, repair or replacement of a capital improvement upon the Common Area, Limited Common Area, if any, Stormwatcr Management Facility, any extraordinary maintenance. including fixtures and personal property related thereto and any property for which the Association is responsible, and any insurance premium, provided that any such assessments shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 6.7. placement Rescrve. The Board of Directors of the Association shall create and maintain a reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area which the Association may be obligated to maintain. Section 6.8. Notice and Quorum for Any Action Authorized under Sections 6.4 and 6.6: Written notice of any meeting called for the purpose of taking any action authorized under this Section shall be sent to all Members not less than 15 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast ten percent (10%) of all the voles of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called pursuant to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half ('/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 9� p sixty (60) days following the preceding meeting. A ))/� Plq+u1� Section 6.9. Uniform Rate of Assessment. Both annual and special assessments for AUG 01 2019 Common Area must be fixed at a uniform rate for all Lots subject to such assessments and may be collected on a monthly basis or other periodic basis establish by the Board. BVr- Section 6,10. Date of Commencement of Annual Assessments. Dues Date- Initial Working Capital. The annual assessments provided for herein shall commence as to all Lots subject thereto, except such Lots owned by the Declarant, on the date of closing the transfer and conveyance of such Lot to the Owner. The first annual common area assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual common area assessments against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual common area assessments and groundwater storage casement assessments shall he sent to every Owner subject thereto. The Board of Directors shall establish the due dates. The Association shall, upon demand, and for reasonable charge if it deems appropriate, furnish a certificate signed by an officer of the -6- Book: 4372 Page: 264 Page 6 of 19 Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of issuance. Section 6.11. Effects of Nonpayment of Assessments' Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default and shall bear interest from the due date at the highest rate then permitted by North Caroling law not to exceed eighteen (I8%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same plus interest, cost, late payments charges and reasonable attorneys' fees, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. The lien herein granted unto the Association shall be enforceable pursuant to Article 2A of Chapter 45 of the General Statutes from and after the time of recording a Claim of Lien in the Office of the Clerk of Superior Court in the County in which the Property is located in the manner provided therefore by Article 8 of Chapter 44 of the North Carolina General Statutes, which claim shall state the description of the Lot encumbered thereby, the name of the record owner, the amount due and date when due. The claim of lien shall be recordable any time following thirty (30) days after the due date of the assessment or any installment thereof and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claim of lien shall include all assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided An officer or agent of the Association shall sign such claim of lien. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. Section 6.12. Subordination of the Lien to Mortuaaes and Ad Valorem Taxes. 'the lien of the assessments provided for herein shall be subordinate to the lien of any institutional first mortgage and ad valorem taxes on said Lot. Sale or transfer of any Lot shall not affect the assessment lien. I owever, the sale or transfer of any Lot pursuant to mortgage or tax foreclosure or airy proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment, which became due prior to such sale or transfer, but shall not abate the personal obligation of the prior owner. No sale or transfer shall relieve such [.of from liability from any assessments thereafter becoming due or from the lien thereof. Section 6.13. Responsibility for Maintenance of Public Streets. The maintenance responsibility public streets as shown on any recorded subdivision map of the Property shall rest with the Association unless such maintenance or repair is necessitated by the negligence, misuse or neglect of a Lot Owner, his guests, tenants, or invitees, in which case the expenses associated with said repairs will be deemed a Common Expense assessment benefitting only the Lot Owner and his or her Lot under N.C.G.S. §47P-3-115(c)(2) and assessed against the Lot Owner and his or her Lot. the Association will dedicate the streets within the Subdivision to the public and apply for maintenance of said streets by the Town of (lolly Ridge or the North Carolina Department of Transportation. Upon acceptance of the streets by a govcmmental agency, the Association shall have no further maintenance responsibilities for the streets. ARTICLE VII ARCHITECTURAL CONTROL Section 7.1. Approval of Plans and Specifications. Except for the original and initioll construction, and subsequent modification of improvements by the Declarant on any Lot, which construction is and shall be exempt from the provisions of this Section, no site preparations (including, but not limited to grading, elevation work, landscaping, sloping or tree work) or construction, erection, installation or modification of any improvements, including but not limited to, buildings, roofs, shingles, fences, signs, walls, bulkheads, screens, landscaping, exterior painting, siding, yard furniture, play areas, and play equipment or other equipment, furniture or structures shall be commenced, erected, placed, altered or maintained upon any Lot, nor shall any addition to, or change or alteration therein be made by any Owner, other than Declarant, until the plans and specifications showing the nature. kind, shape, height, materials, exterior colors, type of siding, type of shingles, location and elevations of the proposed improvements or landscaping or 7- =0 EVE AUG o 1 lots 9 Book: 4372 Page. 264 Page 7 of 19 yard equipment or furniture shall have been submitted to, and approved in writing by, as to harmony of external design and location in relation to surrounding structures and topography, the Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more persons appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such submission within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with; provided that plans and specifications that contain inaccurate or missing data or information when submitted shall not be deemed to be approved, notwithstanding the foregoing. Refusal of approval of such plans, location or specifications may be based upon any ground, including purely aesthetic or environmental, that in the sole discretion of the Board or Committee, it shall deem sufficient. The Association shall not be responsible for any defects in the plans and specifications submitted to it or in any structure erected according to such plans and specifications. Upon request, the Board shall provide any Owner with a letter stating that any such work plans and specifications have been approved and third parties may rely upon same. Section 7.2. Inspections. l'he Association, through the Board, the Committee or their appointed agents, shall have the right, at its election, but shall not be required, to enter upon any Lot during site preparation or construction, erection, or installation of improvements to inspect the work being undertaken and to determine that such work is being performed in conformity with the approved plans and specifications and in a good and workmanlike manner, utilizing approved methods and good quality materials. Section 7.3. Variances and Adiustments. The Board or the Architectural Committee appointed by the Board, as the case may be, shall have power to, and may allow variances of, and adjustments of, the restrictions on use and building restrictions established herein in order to overcome practical difficulties and prevent unnecessary hardships in application of the restrictions contained herein; provided, however, that variances or adjustments are done in conformity with the intent and purposes hereof; and, provided also, that in every instance such variance or adjustment will not be materially detrimental or injurious to the Property or other Lots in the immediate neighborhood. Variance and adjustments may be of the height, size, and setback requirements, but shall not be limited thereto. In the event of the grant of any variance in the building or use restrictions, the Association shall execute a document attesting to such grant and the specific nature thereof in form suitable for recording, so that the Lot Owner may record same in the Registry of the County in which the Lot is located. Such document shall be prepared at the cost of the Lot Owner and shall be binding upon the Association and may be relied upon by third parties. Section 7.4. References to Association. Any reference to "Association' in this Section or that on Use Restrictions or Building Restrictions shall mean the Board or the Architectural Committee. whichever shall be vested with approval authority by the Board. ARTICLE: Vlll GENERAL RESTRICTIONS Section 8.1. Land Use and Buildine'fvpe. No Lot, Lots, or portions thereof shall be put to any use other than for residential purposes. No building or other structure shall be erected, altered, place or permitted to remain on any Lot described and shown on a recorded subdivision map of the real property described in Exhibit A-1, other than one single family townhouse dwelling, not to exceed two and one-half stories in height, unless otherwise first approved by Declarant, in writing. Any structure erected, placed or altered on any Lot shall be subject to the provisions of Section 7 of this Declaration relating to architectural control. This covenant shall not be construed as prohibiting the use of a new dwelling as a model home for sales purposes. Section 8.2. Prohibited Structure. No structure of a temporary character, such as a trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporary or permanently. No trailer, mobile home, camper or like vehicle, or any other structure which is finished or partially finished at a manufacturing unit or plant and transported for quick assembly or which is designed to be disassembled and relocated shall be used as a residence at any time. It is specifically the intention and purpose of' this covenant to prohibit the location of mobile homes. trailers, modular houses, relocatable houses, or similar -8- Book. 4372 Page: 264 Page 8 of 19 type structures on the Property for use as a residence. 'I his covenant shall not be construed as prohibiting the use of such a structure as a sales/rental model or office or construction site facility. Section 8.3. Nuisances. No noxious, offensive, or illegal activity shall be carried on or conducted upon any Lot or other portion of the Subdivision, nor shall anything be done on any Lot or other portion of the Subdivision that shall be or become an unreasonable annoyance or nuisance to the neighborhood. All Lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted to remain on a Lot. Declarant, or Association, its successors or assigns, reserves the right to enter upon and cut grass, weeds, or undergrowth on any Lot, Common Area, or easement, but shall be under no obligation to do so. Declarant, or Association, its successors or assigns, further reserve the right to impose such other rules and regulations to prohibit "group" or "party" car washes and other activities which it deems an unreasonable annoyance or nuisance to the community. Section 8.4. Animals. No animals, livestock, or poultry of any kind shall be kept or maintained on any Lot or in any dwelling, except that dogs, cats or other common household pets may be kept, or maintained, provided that, said pet shall not be kept or maintained for breeding or commercial purposes and are at all times not a nuisance or physical threat to other Owners, adequately restrained by a leash or confined in an approved area. No animal shall be leashed or confined in the front or side yard of any Lot. No other animals shall be allowed without the Declarant's prior written consent. Any such household pet shall not be allowed off the Lot of the Owner of said pet, unless said pet is attended and on a leash. Each Owner shall be solely and absolutely liable for the acts of any pet kept on such Owner's Lot. Notwithstanding the foregoing, Declarant, or the Association, may, at their option, limit the size or breed of any animal permitted on any Lot, and may prohibit a specific animal due to its nature, tendencies, or with a record of vicious behavior. Section 8.5. Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be burned or disposed of on any Lot. and shall be kept in sanitary containers approved by the Architectural Committee. All equipment for the storage prior to disposal of such material shall be kept in a clean and sanitary condition. The placement of containers shall be approved by the Architectural Committee and, in any event, shall he kept in an enclosed area not subject to view from outside of the enclosed area. Section 8.6. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any dwelling, building or other structure located on any Lot shall be clear or white lights or bulbs. No mercury vapor or similar wide area lighting similar to street lights shall be allowed without prior Architectural Committee approval. Section 8.7. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points 25 feel from the intersection of the street lines, or in the case of a rounded property comer, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within tell (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection, unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 8.8. Mailboxes. All mailboxes shall retain the same style, design, color and location of the mailboxes as originally provided at the time of initial construction. The Architectural Committee reserves the right to approve the style, design, color and location prior to any original installation or replacement. Application shall be made to the Architectural Committee prior to installation or replacement. By accepting a deed to any Lot. the Owner gives the Architectural Committee the right to remove any non -approved mailbox in a reasonable manner; all costs for same shall be paid by Owner, and all damages against the Architectural Committee are waived. Section 8.9. Signs. No sign, billboard, or other advertising of any kind, including without limitation professionally prepared "for sale" and "for rent" signs, shall be placed or erected on any Lot, save and except a professionally prepared "for sale" or "for rent" sign not to exceed six (6) square feet in size. Although approval by the Architectural Committee is not required prior to the -9- Book: 4372 Page: 264 Page 9 of 19 display of such signs, the Architectural Committee may itself remove, have removed, or require the removal of any such sign which in its opinion adversely affects the appearance of the community. A valid easement shall exist on any Lot for such removal by the Architectural Committee or its agents. Provided, however, nothing shall prohibit or limit in any manner "construction" signs designating the job site and builder which may be placed upon a Lot during the period of the construction of a residential dwelling on the Lot, but must be immediately removed upon final completion of such construction. Notwithstanding the above, any additions to the Project Area in the Development Area may be further limited in regard to signs, billboards or advertising as set out in any Supplemental Declaration. Nothing herein shall prohibit any sign erected by the Declarant or its assigns. Section 8.10. Exterior Antennas. There shall be no exterior antennas on front of home or visible from front of home of any kind for receiving and/or sending of television, radio, internet or other signals, unless same have first been approved by the Declarant, Association, or Architectural Committee. Section 8.11. Driveways/Parking. All driveways constructed on any Lot shall be paved with either asphalt or concrete. The use or construction of a headwall or other ornamental structure, gravel, rock or other material at or around the driveway culvert shall be prohibited. The earthwork extending from the driveway to each end of the culvert shall be gently sloped and sodded, as approved in each case. Section 8.12. Vehicles Boats Stomgc Travel Trailers etc. Inoperative, non-ficensed and/or non -registered motor vehicles, vehicles with a Gross Vehicle Weight ("GVW") over 5,000 pounds empty weight, or buses shall not be parked overnight on the Properties. Raw firewood, bicycles, motorcycles, or other items may be stored only on that part of any Lot away from the street lying beyond the front line of the dwelling so that it is not viewable from any street. No automobile, other vehicle(s), motorcycle(s) or other similar items shall be repaired or placed "on blocks" or stands. Motor vehicles, whether owned by the Lot Owner or not, parked in violation of any provision in this Declaration, or in violation of any Rules or Regulations adopted by the Association, shall be towed away and stored at the Owner's risk and expense. By parking on the Properties, the owner of the vehicle or other vehicle user is deemed to waive any claim against the Declarant or Association resulting directly or indirectly out of the towing and/or storage, unless the towing can be shown, by a preponderance of the evidence, to have been done maliciously. The Association is not obliged to try to determine the owner of a vehicle and first give notice, before authorizing the towing of the vehicle parked in violation hereof. Section 8,13. Window Appearance. All draperies or other window dressings hung at windows, or in any manner so as to be visible from the outside of any building erected upon any Lot shall be white or off white or in lieu thereof shall have a white lining. Section 8.14. Clotheslines. Clotheslines shall not he permitted, unless otherwise approved by the Declarant, Association, or Architectural Control Committee. Section 8.15 Pence Minimum Requirements. No fences over six feet (6') in height shall be constructed on any Lot. No fence shall be erected between any building and a public street. All fences shall be placed in the rear of any Lot. Brick and split rail fences shall be deemed to meet the requirements of this restriction. Any portion of any fence which can be viewed from the Common Area shall be of an ornamental nature. I he temt fence shall include but not be limited to, a wall, fence, landscaping, berm, or hedge which acts as a fence or privacy or security inducing structure. Architectural review requirements must be met prior to construction of any fence. Section 8.16. Private Recreational Pools. Outdoor swimming pools, hot tubs, Jacuzzis, and other similar facilities may be located on a Lot only upon prior written approval of the Declarant, Association or Architectural Committee. All such facilities shall be subject to approval and compliance with all governmental laws and regulations. Section 8.17. Limitation on Lease of Lots. No Lot shall be leased for a term of less than thirty (30) days. 510 Book: 4372 Page: 264 Page 10 of 19 ARTICLE IX MULTI -FAMILY DWELLING SPECIAL PROVISIONS Section 9. L Conveyance of Multi -Family Unit and Encroachment Easements. Regardless of any provision in this Declaration to the contrary, nothing shall prohibit or prevent the conveyance of a part or portion of any Lot in order to convey one separate living quarters residence of a multi- family dwelling. Easements, one (1) fool in width, are hereby reserved, for the benefit of the Declarant, its successors, and assigns and the Owner of any Lot, upon any adjacent Lot or Common Area for the encroachment of the townhouse structure, including, but not limited to, all or any portion of the common Party Wall of such Lot. or anv portion of the roof overhang of any Unit and exterior walls and siding of any Unit. Section 9.2. Party Walls. (A) General Rules of Law to Apply. Each wall which is built as a part of the original construction of the dwelling upon the Properties and placed between the separate living quarters of a multi -family dwelling shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Section the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto. (13) Sharin@ of Repair and Maintenance. The costs of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. (C) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owner(s) thereafter make use of the wall, they shall contribute to the costs of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution for the others under any rule of law regarding liability for negligent or willful acts or omissions. (D) Weatherproofing. Notwithstanding any other provisions of this Section. an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. (E') Right to Contribution Runs with land. 'fhe right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's heirs and successors in title. (F) Arbitration. In the event of any dispute arising concerning a party wall, or under any provisions of this Section, each party shall choose one arbitrator, who shall choose a third arbitrator to resolve such dispute. The decision shall be by a majority vote of all the arbitrators. Section 9.3. Roof Maintenance and Shared Roofs. (A) Roof Construction and Maintenance. 'I he Declaram's intent is to construct, or have constructed, the townhouses in such a manner which will result in a continuous roof between clusters of several adjoining townhouse dwellings. Each Lot Owner shall be responsible for repairing, restoring and maintaining that portion of the roof situated solely upon his/her/their Lot in substantially the same condition it exists at the time of the original conveyance, normal wear and tear excepted. (H) Sharing of Repair and Maintenance of Joint Roof Area. The costs of reasonable repair and maintenance of that portion of a roof shared by adjoining Lot Owners shall be in proportion to such use. (C) Destruction by Fire or Other Casualty. If any portion of a roof, shared by Lot Owners, is destroyed or damaged by fire or other casualty, any Owner whose lownhome is benefitted by such roof may restore it, and if the other Owners thereafter benefit from such -11- Book: 4372 Page: 264 Page 11 of 19 restored roof, they shall contribute to the costs of restoration thereof in proportion to such benefit without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. (D) Weatherproofinu. Notwithstanding any other provisions of this Section, an Owner who by his negligent or willful act damages or destroys a portion of any roof which benefits other townhouse dwellings shall bear the whole cost of repair or restoration. (E) Ohl to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's heirs and successors in title. (P) Arbitration. In the event of any dispute arising concerning a damaged or destroyed roof, each party shall choose one arbitrator, who shall choose a third arbitrator to resolve such dispute. 'Ihe decision shall be by a majority vote of all the arbitrators. Section 9.4. Damaged or Destroyed Townhouse. Each Owner covenants and agrees that in the event of partial loss or damage to a dwelling situated on such Owner's Lot, resulting in less than total destruction of the structure situated on the Lot, to repair and reconstruct the damaged structure in a manner as close as reasonably possible to the original construction. In the case of total destruction of the structure, the Owner shall may an election whether to rebuild/restore the structure within forty-five (45) days of such destruction, and deliver notice of such election to the Association. If the Owner elects not to rebuild/restore destruction, said Owner shall take such action as is necessary to prevent the deterioration and damage to any adjoining townhouse dwelling, including removal of any debris or unsightly conditions, not later than thirty (30) days following notice of its election not to rebuild/restore. In the event the Owner fails to take such action so as to prevent deterioration to any adjoining townhouse dwelling, or remove all debris within seventy-five (75) days of such damage, the Declarant or Association may do so and the costs and expenses shall be assessed against the Owner of such Lot. If the Owner elects to rebuild/restore the damaged/destroved structure and improvements such rebuilding/restoration shall be completed within ninety (96) days following the date of such damage/destruction. ARTICLE: X INSURANCE AND BONDS Section 10.1. The Association shall purchase, maintain in force and administer insurance coverage as provided by N.C.G.S. §47P-3-113, the terms and provisions of which are incorporated herein. In addition, the Association shall meet the following requirements regarding insurance: (A) Property Insurance. Every Lot Owner shall have their own property insured to cover at least one hundred percent (100%) of their insurable replacement value. (B) Liability Insurance, The Association shall acquire and maintain in full force and effect a policy of insurance which insures the Association against any liability arising out of the use, ownership, maintenance and control of the Common Area, any commercial space leased or owned by the Association and any public rights -of -way within the Property, with limits of liability therefor of not less than One Million Dollars ($1,000,000.00) per occurrence, which policy shall include an endorsement to cover liability of the Association to a single Owner. (C) Fidelity Insurance. The Association shall acquire and maintain fidelity insurance coverage to protect against dishonest acts in the handling of Association money by the officers, directors, volunteers, managers or employees of the Association. (D) Other Insurance. There shall also be obtained such other insurance coverage as the Association shall from time to time determine to be desirable and necessary. Section 10.2. Policy Requirements. Insurance policies carried pursuant to Section 10.1 must provide that: (A) Each Lot Owner is an insured person under the policy with respect to liability arising out of his interest in the Common Elements or membership in the Association; -12- Book: 4372 Page: 264 Page 12 of 19 (B) 'fhe insurer waives its right to subrogation under the policy against any Lot Owner or members of his household; (C) No act or omission by any Owner, unless acting with the scope of his or her authority on behalf of the Association, will preclude recovery under the policy; and (D) If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. Section 10.3. Proceeds Distribution. Any loss covered by the property policy under Section 10.1(A) shall be adjusted with the Association, but the insurance proceeds for that loss are payable to the Association or its authorized representative as insurance trustee under this Declaration, and not to any mortgagee or beneficiary under a deed of trust. The insurance trustee or the Association shall hold any insurance proceeds in trust for Lot Owners and lienholders as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged property, and Lot Owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the planned community is terminated. The sole duty of the Association or its authorized representative as insurance trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes stated herein. Section 10.4. Insurance Certificates. An insurer that has issued an insurance policy under this Article shall issue certificates or memoranda of insurance to the Association and, upon written request, to any Lot Owner, Mortgagee, or beneficiary under a deed of trust. The insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nomenewal has been mailed to the Association, each Lot Owner and each Mortgagee or beneficiary under a deed of trust to whom certificates or memoranda of insurance have been issued at their respective last known addresses. Section 10.5. Assessment of DeductibleIntentional Damage (A) Assessment of Deductible. A Lot Owner is liable to the Association for all costs incurred by the Association in the payment of uninsured damages caused by the negligent acts of the Lot Owner and such costs will be assessed against the Owner's Lot as provided for herein: (1) If circumstances indicate to the satisfaction of the Board that a Lot Owner was not negligent, the deductible will be paid by the Association as a general Common Expense. (2) If there is probable cause to believe that a Lot Owner was negligent in causing the damage, a hearing will be held by the Board to determine if the damage resulted from the Lot Owner's negligence or intentional act or omission, and in either case, the entire deductible will be assessed to the Lot of the responsible Lot Owner and the Lot Owner. If the Board determines that the damage was not the result of the Lot Owner's negligence or intentional act or omission, the deductible will be a general Common Expense. The Lot Owner will be given written notice of the hearing mailed by first class mail to the Lot Owners last known address at least fourteen (14) days in advance of the hearing and the Lot Owner will have the right to be represented by an attorney at the hearing and to present evidence. The Lot Owner will be given a written decision by the Board. (3) An assessment of a deductible under this Section 10.5 will be deemed a Common Expense assessment benefitting only the Lot Owner and his or her Lot under N.C.G.S. §47F-3-115(c) (2) and assessed against the Lot Owner and his or her Lot. Such assessment, and all costs of collection including reasonable attorneys' fees, will be the personal obligation of the Lot Owner, constitute a lien on his Lot pursuant to N.C.G.S. §47F-3-116, and be collectible according the N.C.G.S. §471:-3-116. (B) Association's Responsibility for Deductible. If a component of a Common Area over which the Association has maintenance responsibility fails as a result of the negligence -13- Book: 4372 Page. 264 Page 13 of 19 of the Association, and such failure causes damage to a Lot, and/or the Common Area which damage is covered by the Association's property insurance, the Association will pay the deductible as a general Common Expense. (C) Intentional Damage. A Lot Owner is liable to the Association for all costs incurred by the Association in the payment of uninsured damages caused by the intentional act of the Lot Owner and such costs will be assessed against the Owner's Lot. Prior to making such an assessment, the Board will hold a hearing as provided in Section 10.5(A) (2) above. An assessment under this Section 10.5(C) will be deemed a Common Expense assessment benefitting only the Lot Owner and his or her Lot under N.C.G.S. §47F-3-115(c)(2) and assessed against the Lot Owner and his or her Lot. Such assessment, and all costs of collection including reasonable attorneys' fees, will be the personal obligation of the Lot Owner, constitute a lien on his lot pursuant to N.C.G.S. §47F-3-116, and be collectible according the N.C.G.S. §47F-3-116. Section 10.6. Owner Responsibility. The [.of Owner will be responsible for the acts of all persons on his Lot with permission including, but not limited to, family members, guests, tenants and their invitees. Section 10.7. Obligation of Lot Owners to Maintain Hazard Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner covenants and agrees with the Declarant, all other Owners and the Association that each Owner shall carry and maintain a homeowners or fire insurance policy which shall include public liability and blanket all-risk casualty insurance on the dwelling and other improvements constructed and/or situated on such Owner's Lot, in the face amount of not less than 100% of the replacement costs of the improvements- (the "Policy"). Each Owner shall deliver a copy of the Declaration page of the Policy to the Declarant or Association at such time(s) as the Declarant or Association may request. ARTICLE XI RESTRICTIONS ON FURTHER SUBDIVISION No Lot which has been designated as such by Declarant by recorded plat shall be further subdivided or separated into smaller Lots. This restriction shall not apply, however, to Declarant. AR'GIChE X11e STORMW"IfEF MANAGEMENT Section 12.1. Purpose. The following covenants and restrictions set forth in this Section arc intended to insure continued compliance with State Slormwater Management Permit Number SW8 131007, as issued by the Division of Water Quality, under NCAC 211.1000. Section 12.2. State as Beneficiary. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit, Section 12.3. Alteration of Stormwater. The covenants set forth in this Section pertaining to stormwaier may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Section 12.4. Alteration of Drainage. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. Section 12.5. Built -Upon Area. The maximum allowable built -upon area ("BUA") per Lot is 683 square fceJUis Iloued amount includes any built -upon area constructed within the Lot property boundaries. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking or the water surface of swimming pools. Section 12.6. Run -Off. All run-off from the built -upon areas on the Lot must drain into the permitted system. This may be accomplished through a variety of means, including roof drain -14- Book: 4372 Page: 264 Page 14 of 19 gutters which drain to the street, grading the Lot to drain toward the street, or grading the perimeter swales to collect the Lot run-off and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Section 12.7. Buffer. Each Lot will maintain a fifty -foot (50') wide vegetated buffer between all impervious areas and surface waters. Section 12.8. Separation Permit Application. 1'he Owner of each Lot, whose ownership is not retained by the pertnittee, is required to submit a separate stormw'ater permit application to the Division of Water Quality and receive a permit prior to construction. Section 12.9. Covenants to Run With Land. 'these covenants are to run with the land and be binding on all persons and parties claiming under them. Section 12.10. Future Development Run -Off. If authorized under the Permit, all permitted run-off from future development of the Subdivision shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the s'tormwaler control system as permitted. Section 12.11. Ohl to Inspect. Declarant, the Association, the State of North Carolina and their respective successors and assigns, reserve and retain the right to go upon any Lot to inspect for the compliance of such Lot with the Permit and to maintain, repair, replace and construct ditches and devices necessary to insure that such [.of is in compliance with the Permit. Section 12.12, Transfer. Indemnification. A stormwater detention pond, together with related Best Management Practices (" BMPs"), have been constructed in the Stormwater Easement and other casement areas in the Subdivision pursuant to the applicable Permit. At such time as not prohibited under the rules and regulations of the NC: Department of Environment and Natural Resources (DENR), the applicable Permit, or modification thereof, if required by DENR, shall be transferred to the Association, and the Association's officers, without any vote or approval by the Lot Owners, shall accept the transfer of the applicable Permit from the permince within ten (10) days after being requested to do so, and will sign all documents required by DENR for such transfer; provided they are dated no more than forty-five (45) days before the date of the request and that the stormwater detention pond, swales and related BMPs have been constructed in accordance with the plans and specifications of the Permit, to be certified as such, either by state inspection or by a licensed engineer. 'I he Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant as the holder of the Permit, or responsible party therefore, occurring after Declarant tenders transfer of the Permit to the Association following the approval of such transfer by the North Carolina Department of Environment and Natural Resources and the certification of compliance as set forth above. Further, Declarant may bring an action for specific performance of the obligations of the Association pursuant to this paragraph. From and after the transfer of the Permit from the Declarant following the approval of the North Carolina Department of Environment and Natural Resources, the oversight, supervision, management and administration of the Permit shall be the sole responsibility of the Association. The Association's duties with regard to the Permit shall be carried out in accordance with the terms and conditions of this Declaration, the Articles, the Bylaws and the Permit. The Association hereby is granted and conveyed an casement over, under and upon the Common Area, each Lot and future lots which may be annexed into the Subdivision for the purpose of access to and inspection, maintenance, repair and replacement of all Sumnwater Management Facilities located upon the Common Area, each Lot and any future subdivided lot. In the event, the Declarant annexes additional properly into the Subdivision and transfers the applicable Permit to the Association, the Association shall have, and hereby is granted and conveyed, an easement over, under and upon other Common Area, and each annexed lot for the purpose of access to and inspection, maintenance, repair and replacement of all BMP structures and facilities located upon the other Common Area and each annexed lot. As - Book: 4372 Page: 264 Page 15 of 19 ARTICLE XIII WETLANDS A portion of some Lots has been determined to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements of State wetlands rules adopted by the Stale of North Carolina and the requirements of the United Slates of America in force at the force at the time of the proposed alteration. The intent of this restriction is to prevent additional wetland fill, so each Owner should not assume that a future application for fill will be approved. Should any Owner make application, he/she shall report the fact that such parcels are located in 'Ihe Townes at Holly Ridge Subdivision, developed by TTHR, Inc., and the existence of these deed restrictions, in any application pertaining to said wetland rules. This covenant is intended to ensure continued compliance with wetland rules adopted by the State of North Carolina and the United States of America and therefore benefits may be enforced by the State of Norih Carolina and by the United State of America. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them. ARTICLE XI V RESERVATION OF EASEMENTS AND RIGHTS 13Y DECLARANT Section 14.1. Additional Easements and Declarant Rights. Declarant hereby reserves for itself', its successors and assigns, for any purposes it deems useful to its development of the Properties, the development of other property in the Development Area, or the development of other property to which Declarant may grant the benefit of' such casements, those easements shown on any recorded map of any Parcel, or subsequently annexed property, within all party walls, and the following additional casements and rights: (A) Ingress Egress Drainage and Utilities Easements. A perpetual easement for ingress, egress, regress, access, the installation and maintenance of utilities, further subdivision, and the right to dedicate to public use, over, under and upon all streets and drainage and utility easements, including the , shown on any recorded map of the Properties or lying within the Development Area and the water and sewer casements lying within any Parcel or Common Area; (13) Authority to Grant Easements. The right to grant easements for the purposes of ingress, egress, regress, access, the installation, use and maintenance of utilities and further subdivision, over, under and upon (i) all streets shown on any recorded map of the Properties and (it) the drainage and utility easements and easements for the water and groundwater storage easement systems located within the Properties, to any property outside the Properties to which Declarant deems the grant of such casements desirable, whether or not the property to which the easements are granted is owned by Declarant; (C) Installation of Facilities. A perpetual casement over, under and upon all streets and drainage and utility casements shown on any recorded map of the Properties for the purpose of establishing constructing and maintaining any underground utility, conduits and wires for telephone, electric power and other purposes and of laying, installing and maintaining facilities for sewage, potable and non -potable water, gas, storm drainage and other utilities therein. This reservation shall not be construed as an obligation of Declarant to provide or maintain any such activity or services; (D) Removal of Obstructions. A perpetual access casement over, under and upon the Lots and Common Area to trim, cut and remove any trees and brush, or other obstructions necessary for the installation, operation and maintenance of utility lines, gas, water and sewer mains and other services for the convenience of the property owners and appurtenances thereto; (F,) Transmission Cables. A perpetual and exclusive casement for the installation and maintenance of radio and television transmission cables within the rights -of -way and easement areas reserved and defined above. -16- Book: 4372 Page: 264 Page 16 of 19 (F) Street Lighting Agreement. -The Declarant reserves the right to subject all, or any portion of the properties, to a contract with an electric utility company for the installation of underground electric cables and/or the installation of street lighting and/or entrance sign lighting, any or all of which may require an initial payment and/or a continuing monthly payment to an electric utility company by the [.of Owners. ARTICLE XV ENFORCEMENT The Declarant (whether or not the Declarant is the owner of any Lot), any Lot Owner and any party to whose benefit this Declaration inures, including but not limited to the State of North Carolina or its assignees with respect to the Stormwater Management Permit, may proceed at law and in equity to prevent the violation or attempted violation of any term, covenant or provision of this Declaration, either to restrain violation or to recover damages for such violation and the court in any such action may award the successful party said party's reasonable expenses and costs in prosecuting such action, including reasonable attorney's fees. ARTICLE XVI MODIFICATION Section 16.1. Amendments by Declarant Only. The Declarant may amend this Declaration in accordance with the provisions set forth herein to add/annex additional property to this Declaration or to exercise any rights reserved in Section 13 hereof, without the consent or joinder of any Lot Owner. Section 16.2. Other Amendments. These covenants, easements and restrictions are subject to being altered, modified, canceled or changed at any time as to the Property as a whole, or as to any subdivided lot or part thereof, by written document executed by the Declarant or its successors in title and by the owners of not less than sixty-seven percent (67%) of the subdivided lots to which these restrictions then apply, and recorded in the Office of the Register of Deeds of Onslow County, North Carolina. If the Declarant owns sixty-seven (67%) percent or more of the subdivided lots, the Declarant may alter or amend these covenants without the consent of any other owner. ARTICLE XVII TERM The covenants, casements and restrictions set forth herein are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date this Declaration is recorded, alter which such time said Declaration shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by sixty-seven percent (67.0%) of the then owners of the lots has been recorded, agreeing to change any provision herein, in whole or in part. with the exception of provisions regarding stormwater or wastewater collection. ARTICLE XVIII SEVF.RABILITY Invalidation of anyone of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect. -17- Book: 4372 Page: 264 Page 17 of 19 IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed by its Vice President, with authority duly given by its board of directors, the day and year first above written. 11y:.- 44ti#444k#iM{{4k#t4Y#tttt STATE OF NORTH CAROLINA rtxK COUNTY OF ONSLOW 1711R, INC., a Forth Carolina corporation David 13. DeMoss, Vice President I, _ f1tfl. - h� �f� L-1-1- a Notary Public of the County and State aforesaid, certify that 1h.�].a Yn:�Sgeither being personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged that he is Vice President of "[7HR, INC., a North Carolina corporation, and that he, as Vice President being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purposes stated therein. Witness my hand and notarial seal, this the _ day of October, 2015 n!t�✓ NotaryPublic �--_ My Commission Expires: �U Iq tin ton -18- m NO-r i FveCRy /C 1P i Ck enuN� Book: 4372 Page: 264 Page 18 of 19 .EXHIBIT"A" BEING all of Lots 3 and 4 as shown on that certain plat entitled "Boundary Survey for Eddic Earl Hollis and wife, Linda R. Hollis" as prepared by Charles F. Riggs & Associates, Inc. and recorded in Map Book 40, Page 130, Slide K-386, Onslow County Registry. -19- Book: 4372 Page: 264 Page 19 of 19