SW8880315_CURRENT PERMIT_19880427

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 $So3is
DOC TYPE
© CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
56 g O'k 2'1
YYYYMMDD

State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor
S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL
April 27, 1988
Mr. John P. Norris
Andrew & Kuske Consulting Engineers
202 North Fifth Avenue
Wilmington, North Carolina 28401
Dear Mr. Norris:
Bob Jamieson
Subject: Determination Of Compliance
with Stormwater Regulations
Project # 880315
Gibbs Creek Subdivision
Carteret County
The Wilmington Regional Office received your ammended Stormwater
Management Plan submittal for the subject project on April 26,
1988. Based on our review of the project documents, we have
determined that the project complies with the Stormwater
Regulations set forth in Title 15 NCAC 2H.1000.
If you have any questions concerning this matter, please contact
me at [phone].
APH:mb�
cc: Bill Mills
WiRO, CF
Sincerely,
A. Preston Howard, Jr., P.E.
Regional Supervisor
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone 919-25(.4161
An Equal Oppommiry Affimanve Action Employer

DIVISION OF ENVIRONMENTAL MANAGEMENT
Submittal Form for. Projects Using .Density. Limits. for..Ston
Control
It
PROJECT.DATA
Name of Project: Gibbs Creek Subdivision
Location .'(County, Township/Municipality,, Address):.
Carteret County
Applicant Name: Gibbs Creek Associates,Inc.
Mailing, Address: P.O. Box 150 Beau ort, NC 26516
Phone No.:•:919-728-7200
Submittal Date: March 28, 1988
Brief Description (include map and appropriate drawings):''
Site contains 13 acres to be -,developed into 18 lo'ts.with
paved access road witn si e.swa es. -
Water Body Receiving Stormwater Runoff:
Name of Water Body: Gibbs Creek
Classification of Water.Body: SA
Total Area,of Proposed Project (acres): 13 acres
State/Federal Permits and Approvals.Required:
I
(Check Appropriate Blanks)
CAMA Major!- Sedimendation and Erosion Control
X`""
�. 404 Permit DEM/DHS Sewage Disposal
' Other (specify):
'CALCULATION OF BUILT -UPON AREA
(Built -upon area means that portion of an individual developments.'.
that is covered by impervious or partially pervious
:cover.':
including buildings, pavement, recreation facilities, 'etct but .
- not including decking.)
'.
a) Built -upon area: 3.25 acres
b) Total project area: 13.0 acres.
'i '
% built -upon
%.built -upon
If. the water
SA, is the;%
built, -upon / total project area'* 100
area = 25
body receiving stormwater runoff, is classified as•..; .
built -upon area < 25%?.,,,'Yes x No...
If the water body receiving stormwater runoff .is,classi_fied;,othe,r.•
" than SA,'.. is the % built -upon area < 30%7. Yes No''`
,
STORMWATER COLLECTION SYSTEM ^`
Is the only kind of stormwater collection system grass .swales? '
Yes x No
(Grassed -line swalc: :should have a side slope of 3:1 (H:V) or
less.)

If..no,please provide.a detailed.description .
BUFFER '.AREA
Is the'built-upon area at'least •30 feet„from mean„high .water,Of
all surface waters? Yes x No:
If no, please provide a detailed description x
(Note: Only 'boat ramps,. public roads,., public �bridges',and ,',
walkways to water related facilities are allowed within 30}"feet.:':.
of mean high water if the project'is intended•to me et. stormwater;�;•';
control',requirements through density limits )
DEED RESTRICTIONS AND PROTECTIVE COVENANTS s'
Do the deed restrictions and protective covenants" ensure'?that
subdivisions maintain the development consistent" with the`;plans;
and specifications approved by the division and,include,the-State =,=
as a beneficiary of the restrictions? Yes x No
See Paragraph 11 Section II, and 'paragraph 9 SecE%nZI
(Include, a .copy of the restrictions' and ;'covenants' with "'this
form.)
CERTIFICATION r
I, �7cha a �. �f9n�u) certify that .the 'information
included on this submittal form is correct, that the project will
be constructed in conformance with this information;' and that"to
the best of my knowledge, the proposed project'. complies with the'
requriement of VCA H 003
Sig ature-Owner- r_Agent
Address
If agent,' please list owner's name and address below..
DIVISION OF ENVI NMENTAL MANAGEMENT SIGN -OFF
Regional Office
Date Individual Evaluating Forms/Plant ....
Date Regional Water, Quality Supervisor v.
CC: Applicant/Region/t4i11s/Cf'

•STATE OF NORTH CAROLINA PROTECTIVE COVENANTS AND RESTRICTIONS
FOR GIBBS CREEK SUBDIVISION
COUNTY OF CARTERET
THESE PROTECTIVE COVENANTS AND RESTRICTIONS made this
day of , 1988, by Gibbs Creek Associates, Inc., a North
Carolina Corporation,.Beaufort, North Carolina, said Protective
Covenants and Restrictions for Gibbs Creek Subdivision being for
the use and benefit of all future owners of lots in Gibbs Creek
Subdivision, as the same is identified on that certain plat
prepared by J.G. Hassell/Larry C.-Pittman survey, dated
1988, and recorded in Map Book page Carteret County
Registry;
W I T N E S S E T H:
WHEREAS, Gibbs Creek Associates, Inc., hereinafter
designated "Developer", in order to promote a uniform and
harmonious development of said lands as a desireable residential
community, and so as to provide for the joint use and maintenance
of the subdivision street and the access road to the same
pending acceptance of maintenance responsibilities for said
street and road by the North Carolina Department*of
Transportation or other public agency having authority over the
same, and further so as to provide for the joint use and
maintenance of recreational areas, water access easements, and
other common areas and facilities as hereinafter described for
the joint use, maintenance and enjoyment of owners of lots within
said Subdivision, does desire to adopt these Protective Covenants
and Restrictions for the purposes herein expressed:
NOW, THEREFORE, in order to provide for the foregoing, the
Developer does hereby covenant and agree with all persons, firms
or corporations now owning or hereafter acquiring any portion of
Gibbs Creek Subdivision, that the use of lots in Gibbs Creek
Subdivision is hereby made subject to the following restrictions,
covenants, terms and conditions which shall run with said land
and shall be binding on all property owners within said
Subdivision and their successors and assigns.
SECTION I — DEFINITIONS.
As used throughout this Declaration and Agreement of
Association, the following terms shall have the definitions set
out hereinasfollows:
A. "Developer" shall mean and refer to Gibbs Creek
Associates, Inc., a North Carolina Corporation, and its
successors and assigns.
B. "Association" shall mean and refer to Gibbs Creek
Owners' Association, Inc., an incorporated non—profit
association, and its successors and assigns, established for the
administration, maintenance and regulation of the streets and

roads within said subdivision, recreational areas, water access
easements, and common areas and facilities assigned to, purchased
or otherwise acquired by the Association for the use and
enjoyment of members of the Association.
C. "Owner" shall mean and refer to the owner of record of
any lot in Gibbs Creek Subdivision as said lots are shown on the
recorded map herein referred to, but excluding those holding an
interest in any lot or lots for security purposes.
D. "Lot" refers to any of those lots shown on a map of
Gibbs Creek Subdivision recorded aforesaid.
E. "Common Area" shall mean all real property (including
the improvements thereto) owned by, leased to, or otherwise
transferred to the Association for the common use and enjoyment
of the owners. The common areas to be owned by the Association
with regard to Gibbs Creek Subdivision initially are more
particularly described in Paragraph 2, Section III hereafter.
SECTION If — COVENANTS AND RESTRICTIONS:
1. Applicability. Lots 1 through 18 as shown on the map of
Gibbs Creek Subdivision referred to above are expressly made
subject to the operation of these Covenants.
2. Reservations. The Developer reserves the right
absolutely to change, alter or redesignate the allocated,
planned, platted, or recorded use, area, or designation of any of
the lots shown on the map of Gibbs Creek Subdivision recorded
aforesaid so long as the Developer retains title to the property
involved, so long as any changes or alterations are in
conformance with the Town of Beaufort's Subdivision and Zoning
Ordinances, including, but not limited to the right to change,
alter or redesignate roads, utility and drain facilities, and to
change, alter or redesignate such other present or proposed lot
lines and facilities as may, in the sole judgment of the
Developer, be necessary or desirable.
3. Residential Use.
A. All numbered lots
residential purposes only. No
altered, placed or permitted to
subdivision unless the same is
shall be used for single family
structures shall be constructed,
remain on any lot in the
a single family residence.
B. Mobile Homes, trailers, manufactured homes, tents
and all other structures of a temporary character are expressly
prohibited from being placed, put or maintained on any lot at any
time. Provided, this prohibition shall not apply to shelters
used by a Contractor or Builder during the construction of a
single family dwelling so long as said temporary shelter is not
used at any time as a resident and said temporary shelter is
immediately removed following completion of the dwelling.
FJ

be demolished and the premises cleared of debris within six (6)
months of the date the damage occurred.
7. Signs.
Without the prior written permission of the
Architectural Control Committee, no sign of any character shall
be displayedonany lot except for a property identification sign
not exceeding two 'square feet, and "for sale" or "for rent" signs.
not exceeding six square feet in size each. Provided, nothing
herein shall prohibit the Developer from erecting, placing or
maintaining such signs as may be deemed necessary or appropriate
by the Developer for carrying out the Developer's development of
the Subdivision.
8. Subdividing.
Except as to any lot still owned by the Developer, no
lot shall be further subdivided, or its boundary lines changed,
except with the prior written consent of the Developer. Likewise,
no lot shall be used as a street, road, lane, way or easement
over which access may be obtained from a Cibbs Creek Subdivision
lot to adjacent properties without the specific written consent
of the Developer. In the event the Developer hereafter determines
it necessary to alter or change any boundary lines or lot, then a
revised plat of said subdividion or section thereof subject to
the alteration or change shall be recorded, and all such lots
thereon shall be subject to the terms and conditions of these
covenants.
9. RESTRICTIONS ON BUILT-UP AREA:
In order to comply with the rules and regulations of the
North Carolina Division of Coastal Management and other state
agencies with.regard to storm water runoff, each owner of a lot,
shall be restricted to clearing, constructing and using as
"built -upon" area not more than 7,544.4 square feet per lot.
"Built -Upon Area" is defined as that portion of a residential lot
that is covered with impervious or partially pervious cover
including buildings, pavement, recreation facilities, etc., but
not including decking.
10. Bulkheadine and Filline of Lots
No lot shall be bulkheaded or increased in size by
filling in the waters or marsh on which it abuts without the
prior written approval of the Architectural Committee and the
appropriate State and Federal Agencies.
11. Docks and Compliance with Environmental Regulations:
No private or public docks, piers, moorings, boathouses,
lifts, floating docks or similar structures or facilities shall
7

be erected on, placed on, maintained or connected with any lot
fronting on Gib.b's Creek unless the same be first approved by the
Architectural Control Committee in writing and by the appropriate
State and Federal Agencies having jurisdiction over any permits
required.
Likewise, the drainage facilities, roads, utilities,
common areas and other properties within the subdivision shall be
maintained at all times in a manner consistent with the plans and
specifications approved by the North Carolina Department of
Environmental Management and Coastal Resources Commission and the
State of North Carolina shall have standing to enforce the
provisions of these Covenants with regard thereto.
12. Easements.
A. The Developer reserves unto itself a prepetual,
alienable and releasable easement and right-of-way on, over,
under, through and upon the ground with men and equipment to
erect, maintain, and inspect, repair and use electric and
telephone poles, wires, cables, conduits, sewers, water mains and
pipes and other suitable equipment for the conveyance and use of
electricity, telephone equipment, gas, sewage, water and
community utilities or conveniences in and over the front ten
feet of each lot and ten feet along one side line of each lot and
such other areas as may be shown on the recorded map of the
Subdivision, together with the right to cut drainways for surface
water whenever action may appear to the Developer to be necessary
in or to maintain reasonable standards of health, safety and
appearance. These easements and rights -of -way expressly include
the right to cut trees, bushes or shrubbery, making the grading
of the soil, or to take similar actions reasonably necessary to
provide economical and safe utility installation and to maintain
reasonable standards of health, safety and appearance. The
Developer further reserves the right to assign said easements to
one or more public or private water and/or sewer utility
companies for .service to each lot in the future.
B. The Developer reserves the right to subject the real
property in this subdivision to a contract with Carolina Power 6
Light Company for the installation of underground electric cables
which may require an initial contribution and/or the installation
of street lighting, which will require a continuing monthly
payment to Carolina Power 6 Light Company by the owner of each
building.
icC. Each lot Owner shall keep free and clear any and all
drainage easements shown on the recorded map of the Subdivision,
and each Owner shall in no way obstruct, block or impede the flow
of water through said drainage easements. In the event any lot
owner should obstruct, block or impede the flow of water through
said drainage easements or allow said obstruction or blockage to
remain so as to impede the flow of water, then the Developer,
Association of Property Owners, or one or other property Owners
within the Subdivision shall have the right to clear said
drainage easements and to recover from the party responsible the
cost of said clearing if sai;i obse:ructien nr blockage were the
results of deliberate acr.s or negl i,;ence oP r.he responsible
party.
8

12. Suspension or Termination of Voting Rights.
r
In addition to any other rights the Association may have
with regard to non-payment of assessments and dues, the payment
of any assessments levied by the Association shall be a
prerequisite to the exercise of any voting rights earlier
provided for herein and for serving on the Board of Directors
of the Association. Any member failing to pay the assessments or
dues on his lot so that the same thereafter become delinquent,
shall be deemed ineligible to vote at any annual or special
meeting of the membership and shall be deemed ineligible to serve
on the Board of Directors or as an officer of the Association so
long as said delinquency continues.
13. By-laws and Rules and Reeulations.
The initial By-laws adopted by the Board of Directors of
said Association are set forth on Appendix B attached hereto and
incorporated by reference. All Owners of lots together with
Associate Members and the guests, families and invitees of
Regular and Associate Members, shall be bound by and fully comply
with the By-laws of said Association as well as the Articles of
Incorporation of said Association attached as Exhibit A. The
Association shall have the authority to adopt amendments to the
By-laws governing the business and affairs of the Association
from time to time in the manner and procedures prescribed by the
By-laws and Articles of Incorporation attached as Exhibits hereto.
The By-laws set forth the organization of the Board of Directors
and Officers, the time and manner of meetings of the Association',
quorum and voting procedures, and other rights, powers,
responsibilities, duties and obligations of the officers,
directors and members of the Association.
The Association shall further have the authority to adopt
from time to time rules and regulations regarding the duties and
responsibilities of the Association and its individual members
with regard to the use, enjoyment, maintenance, ownership, upkeep
and maintenance of Association Properties and the purposes of the
Association.
IN WITNESS WHEREOF, the Developer has executed this
instrument on the day and year first above written.
ATTEST:
Susan W. Willis, Secretary
CIBBS CREEK ASSOCIATES, INC.
BY:
Richard L. Stanley,
President
17

r
STATE OF NORTH CAROLINA COUNTY OF CARTERET
I, a Notary Public certify that .Susan W. Willis personally
came before me this day and acknowledged that he is Secretary of
Gibbs Creek Associates, Inc., a corporation, and that, by
authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its President,
sealed with its corporate seal, and attested by him as its
Secretary.
Witness my hand and notarial seal, this _day of
1988.
my Commission Expires:
Notary Public
Prepared by: Richard L. Stanley, Attorney at Law, P.O. Box 150
Beaufort, North Carolina 28516
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