HomeMy WebLinkAboutSW8181016_Current Permit_20190227 ROY COOPER '5 fifi '
Governor ti e
MICHAEL S.REGAN ce
Secretary ,.�Q„u„,e
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S.DANIEL SMITH NORTH CAROLINA
Interim Director Environmental Quality
February 27, 2019
Beaver Creek Investors,Inc.
Attn:Ms. Betty Bullock,President
PO Box 1685
Jacksonville,NC 28541
Subject: State Stormwater Management Permit No. SW8 181016
Tides End Subdivision
Low Density Subdivision Project
Onslow County
Dear Ms. Bullock:
The Wilmington Regional Office received a complete, State Stormwater Management Permit Application for
the subject project on February 25, 2019. Staff review of the plans and specifications has determined that the
project,as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC 211.1000
effective January 1,2017. We are forwarding Permit No. SW8 181016 dated February 27,2019,for the
construction, operation and maintenance of the stormwater control measures(SCMs),built-upon areas, as well
as the stormwater collection system and/or vegetated conveyance system associated with the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein, and does not supersede any other agency permit that may be required.
Please pay special attention to the permit conditions regarding the limitation of built-upon area, modification
of the project,the operation and maintenance of the vegetated conveyance system,and the procedures for
changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that
requires the recordation of deed restrictions and protective covenants, easements, and the maintenance
agreement,which must all be provided along with certification upon completion of the project. Failure to
comply with these requirements will result in future compliance problems.
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.
..,."---- North Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources
N \� ��/� Wilmington Regional Office 127 Cardinal Drive Extension . Wilmington,North Carolina 28405
ogaewtara�drommblowuy"� �''a
910.796.7215
State Stormwater Permit No. SW8 181016
Page 2 of 2
If you have any questions, or need additional information concerning this matter,please contact Kelly Johnson
in the Wilmington Regional Office, at(910)796-7215.
Sincerely,
-d
e_zet`vf
S.Daniel Smith,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Certification Forms
Application Documents
GDS/kpj:\\\Stormwater\Permits&Projects\2018\181018 LD\2019 02 permit 181018
cc: Mr.David Newsom,PE,Crystal Coast Engineering,PA
205-3 Ward Road,Swansboro,NC 28584
Inspector,Onslow County Building Inspections
Onslow County Engineering
NCDOT District Engineer
Wilmington Regional Office Stormwater File
State Stormwater Management
Permit No. SW8 181016
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW 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
Beaver Creek Investors, Inc.
Tides End Subdivision
Tar Landing Road, Stump Sound Township, Onslow County
FOR THE
construction, operation and maintenance of a 12% low density project discharging to Class SA-ORW
waters in compliance with the provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the
"stormwater rules") and the approved stormwater management plans, application, supplement(s),
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") and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the management of stormwater described in the
approved plans and specifications. The overall percent of built-upon area permitted for the
portion of project within 575 feet of SA-ORW waters must not exceed 12% per the
requirements of the stormwater rules. This permit covers the construction of a total of
222,226 square feet of BUA, which includes 168,691 square feet of proposed BUA, and 53,535
square feet of future BUA allocation.
2. Each of the 33 lots are limited to a maximum of 3,600 square feet of built-upon area, as
indicated in the approved plans and specifications.
3. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters, measured horizontally from the normal pool elevation of impounded structures, from the
top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters,
perpendicular to the shoreline in accordance with the stormwater rules and the approved plans
and specifications. All stormwater runoff, including roof drains, shall be released as dispersed
flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be
piped into or through the setback. BUA may not be added to the vegetated setback except as
shown on the approved plans or in the following instances where the BUA has been minimized
and channelizing runoff from the BUA is avoided:
a. Water dependent structures; and
b. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that
cannot practically be located elsewhere.
Page 1 of 6
State Stormwater Management
•
Permit No. SW8 181016
4. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated
conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow
from the 10-year storm event as defined in the stormwater rules and approved by the Division.
5. No piping shall be allowed except those minimum amounts necessary to direct stormwater
runoff beneath a BUA such as a road or driveway when it cannot be avoided.
6. The peak flow from the 10-year storm event shall not cause erosion downslope of the
stormwater outlet discharge point.
II. SCHEDULE OF COMPLIANCE
1. The project shall be constructed, operated and maintained in accordance with the conditions of
this permit and the approved plans and specifications.
2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and
operational prior to the construction of any individual lot development, per the approved plans
and specifications.
3. During construction, erosion shall be kept to a minimum and any eroded areas of the on-site
stormwater system will be repaired immediately.
4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance
accesses must be located in public rights-of-way, dedicated common areas that extend to the
nearest public right-of-way, and/or permanent recorded easements that extend to the nearest
public right-of-way for the purpose of inspection, operation, maintenance, and repair.
5. The permittee shall provide and perform the operation and maintenance necessary, as listed in
the signed Operation and Maintenance Agreement titled Swale System Maintenance
Requirements, a part of the Low Density Supplement, to assure that the permitted swales and
vegetated conveyance system functions at the approved design condition. The approved
Operation and Maintenance Agreement is incorporated by reference into this permit and must
be followed in its entirety and maintenance must occur at the scheduled intervals.
6. The operation and maintenance agreement must be recorded with the Office of the Register of
Deeds.
7. Records of maintenance activities must be kept and made available upon request to authorized
personnel of the Division. The records will indicate the date, activity, name of person performing
the work and what actions were taken.
8. The final plats for the project must be recorded with the Office of the Register of Deeds prior to
the sale of lots. The recorded plat must reference the Operation and Maintenance Agreement
and must also show all public rights-of-way, dedicated common areas, and/or permanent
drainage easements, in accordance with the approved plans.
9. Recorded deed restrictions and protective covenants must be recorded with the Office of the
Register of Deeds, will be incorporated into this permit by reference, and include, at a minimum,
the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 181016, 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 Division.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
Page 2 of 6
State Stormwater Management
Permit No. SW8 181016
f. The maximum built-upon area per lot is 3,600 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 has
the same meaning as G.S. 143-214.7, as amended.
g. Built-upon area in excess of the permitted amount will require a permit modification to
ensure compliance with the permit and stormwater rules.
h. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated
with the development, except for average driveway crossings, is prohibited by any
persons.
i. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters, measured horizontally from the normal pool elevation of impounded structures,
from the top of bank of each side of streams or rivers, and from the mean high waterline of
tidal waters, perpendicular to the shoreline.
j. All roof drains shall be released as dispersed flow no closer than at the edge of the 50-foot
vegetated setback. At no time shall stormwater runoff be piped into or through the setback.
k. 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.
10. For each lot, the permittee shall record deed restrictions and protective covenants prior to the
issuance of a certificate of occupancy to ensure the permit conditions and the approved plans
and specifications are maintained in perpetuity.
11 The maximum built-upon area assigned to each lot via this permit and the recorded deed
restrictions and protective covenants may not be increased or decreased by either the
individual lot owner or the permittee unless and until the permittee notifies the Division
and obtains written approval from the Division.
12. The permittee shall review each lot for new construction and all subsequent modifications and
additions to ensure compliance with the conditions of the permit and the approved plans and
specifications. The plans reviewed must include all proposed built-upon area, grading, and
driveway pipe placement. The permittee shall not approve any lot plans where the maximum
allowed built-upon area has been exceeded, or where modifications to the grading or to the
storm drainage system are proposed unless and until a permit modification has been approved
by the Division. The permittee may establish an Architectural Review Board (ARB) or
Committee (ARC) to conduct these reviews. However, any approval given by the ARB or ARC
on behalf of the permittee does not relieve the permittee of the responsibility to maintain
compliance with the conditions of the permit and the approved plans and specifications.
11 The permittee is responsible for verifying that the proposed built-upon area on each individual lot
and for the entire project does not exceed the maximum amount allowed by this permit. The
permittee shall routinely monitor the lots for compliance with permit, the approved plans and
specifications, and the recorded deed restrictions and protective covenants. 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.
14 Upon completion of the project, the permittee shall determine whether or not the project is in
compliance with the permitted plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the permitted plans, then
within 45 days of completion, the permittee shall submit to the Division one hard copy and
one electronic copy of the following:
i. The completed and signed Designer's Certification provided in Attachment A
noting any deviations from the approved plans and specifications. Deviations
may require approval from the Division;
ii. A copy of the recorded maintenance agreement;
iii. Unless already provided, a copy of the recorded deed restrictions and protective
covenants; and
iv. A copy of the recorded plat delineating the public rights-of-way, dedicated
common areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the permitted plans,
the permittee shall submit an application to modify the permit within 30 days of completion
of the project or provide a plan of action, with a timeline, to bring the site into compliance.
Page 3 of 6
State Stormwater Management
Permit No. SW8 181016
15. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications, except for minimum driveway crossings. 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
stormwater control measures, built-upon area, details, etc.
b. Redesign or addition to the approved amount of built-upon area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any
component of the approved stormwater control measure, stormwater collection system
and/or vegetative conveyance system shown on the approved plan, except for minimum
driveway crossings within the low density area.
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 within the common areas for BUA credit that
was not included in the approved plans and specifications.
h. The construction of any#57 stone area, public trails, or landscaping material within the
common areas to be considered a permeable surface that were not included in the
approved plans and specifications.
i. Other modifications as determined by the Director.
16. 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.
17 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. Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities
performed to date may be requested.
III. GENERAL CONDITIONS
1. 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.
Page 4 of 6
State Stormwater Management
Permit No. SW8 181016
2. 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.
3. In the event that the project fails to meet the requirements of a low density project, the permittee
shall take immediate corrective actions. This includes actions required by this Division and the
stormwater rules such as the construction of an additional or replacement vegetated
conveyance system and/or stormwater control measures. These additional or replacement
measures shall receive a permit from the Division prior to construction.
4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed "Permit Transfer
Application Form" (available on the Division website) accompanied by the required fee and
supporting documentation as listed on the form, to the Division at least 60 days prior to any one
or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. The assignment or conveyance of declarant rights to another individual or entity;
c. 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);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit
Information Update Application Form" (available on the Division website) to the Division within
30 days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all terms and conditions of this permit until the
Division approves the transfer request. Neither the sale of the project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
7. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project.
8. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, or rescission; however, these actions do not stay any
permit conditions.
9. Approved plans, application documents, supplements, calculations, operation and maintenance
agreement, and specifications for this project are incorporated by reference and are enforceable
parts of the permit. A copy of this permit, application, supplements, operation and maintenance
agreement, and approved plans and specifications shall be maintained on file by the permittee.
10. Unless specified elsewhere, permanent seeding requirements for the on-site stormwater system
must follow the guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 5 of 6
State Stormwater Management
Permit No. SW8 181016
11. 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.
Permit issued this the 27th day of February 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Daniel wnith, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 181016
Page 6 of 6
State Stormwater Management
Permit No. SW8 181016
Attachment A
Certification Forms
The following blank Designer Certification forms are included and specific for this project:
• As-Built Permittee Certification
• As-Built Designer's Certification General MDC
• As-Built Designer's Certification for Low Density Projects
A separate certification is required for each SCM, These blank certification forms may be copied and
used, as needed, for each SCM and/or as a partial certification to address a section or phase of the
project.
Page 1 of 1
State Stormwater Management
Permit No. SW8 181016
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my
signature below, that the project meets the below listed Final Submittal Requirements found in NCAC
02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and
specifications on file with or provided to the Division.
❑ Check here if this is a partial certification. Section/phase/SCM
#?
❑ Check here if this is part of a Fast Track As-built Package Submittal.
Printed
Name Signature
, a Notary Public in the State of
County of , do hereby certify that
personally appeared before me this day of
20
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
Permittee's Certification NCAC .1042(4) l completed i N/A--!
A. DEED RESTRICTIONS /BUA RECORDS i Provided i
1. The deed restrictions and protective covenants have been recorded Y or N
and contain the necessary language to ensure that the project is
maintained consistent with the stormwater regulations and with the I
permit conditions.
2. A copy of the recorded deed restrictions and protective covenants I Y or N
has been provided to the Division.
3. Records which track the BUA on each lot are being kept. (See Note Y or N
1)
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS ------------- ----------- -- ----
1. The SCMs and the components of the runoff collection /conveyance Y or N
system are located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided. Y or N _
D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that Y or N
have.an SCM include the following-
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is required to meet stormwater regulations and
that the lot owner is subject to enforcement action as set forth in Y or N
NCGS 143 Article 21 if the SCM is removed, relocated or altered
without prior approval.
E. OPERATION AND MAINTENANCE AGRE EMENT_ __ Y-or N�;_
1. The O&M Agreement is referenced on the final recorded plat. Y or N
2. The O&M Agreement is recorded with the Register of Deeds and Y or N
appears in the chain of title.
Page 1 of 8
State Stormwater Management
Permit No. SW8 181016
F. OPERATION AND MAINTENANCE PLAN —maintenance records are _being kept in a known set location for each SCM and are available for Y or N
review.
G. DESIGNER'S CERTIFICATION FORM — has been provided to the
Division. Y or N
Note1-Acceptable records include ARC approvals, as-built surveys, and county tax records.
Provide an explanation for every requirement that was not met, and for every "N/A' below. Attach
additional sheets as needed.
Page 2 of 8
State Stormwater Management
Permit No. SW8 181016
AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I
have observed the construction of the project named above to the best of my abilities with all due care
and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in
accordance with the permit documents, plans and specifications on file with or provided to the
Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules
and statutes has been preserved.
_ Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is a part of a Fast-Track As-Built Package Submittal per .1044(3).
_ Check here if the designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed
Name Signature
NC Registration
Number Date
Consultant's Mailing Address:
SEAL
City/State/ZIP
Phone Number
Consultant's Email address:
@ Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation on Page 2.
OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project.
• Consultant's Certification NCAC .1003((3) &General MDC
1050 TAs-built ON/E. 3N/A
A. TREATMENT REQUIREMENTS
1. The SCM achieves runoff treatment. Y or N
2. The SCM achieves runoff volume match. i Y or N
3. Runoff from offsite areas and/or existing BUA is Y or N
bypassed.
4. Runoff from offsite areas and/or existing BUA is directed Y or N
into the permitted SCM and is accounted for at the full
build-out potential.
5. The project controls runoff through an offsite permitted Y or N
SCM that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project Y or N
has been accounted for at the appropriate design storm
level.
7. The SCM(s) meets all the specific minimum design Y or N
criteria.
B. VEGETATED SETBACKS / BUA
Page 3 of 8
State Stormwater Management
Permit No. SW8 181016
1. The width of the vegetated setback has been measured I Y or N
from the normal pool of impounded waters, the MHW
line of tidal waters, or the top of bank of each side of
rivers or streams.
2. The vegetated setback is maintained in grass or other Y or N
vegetation.
3. BUA that meets the requirements of NCGS 143-214.7 Y or N
(b2)(2) is located in the setback.
4. BUA that does not meet the requirements of NCGS 143- Y or N
214.7 (b2)(2) is located within the setback and is limited
to:
a. Publicly funded linear projects (road, greenway
sidewalk)
b. Water-dependent structures
c. Minimal footprint uses (utility poles, signs, security
lighting and appurtenances)
5. Stormwater that is not treated in an SCM is released at Y or N
the edge of the setback and allowed to flow through the
setback as dispersed flow. L l
®As-built I OWE ' ON/A
C. STORMWATER OUTLETS —the outlet handles the peak ' Y or N
flow from the 10 year storm with no downslope erosion.
D. VARIATIONS _ L
1. A variation (alternative) from the stormwater rule
provisions has been implemented. Y or N
•
2. The variation provides equal or better stormwater control Y or N
F _ _ and equal or better protection of surface waters.
E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y or N
has been met.
F. SIZING -the volume of the SCM takes the runoff from all
surfaces into account and is sufficient to handle the required Y or N
storm depth.
G. CONTAMINATED SOILS—infiltrating SCM's are not Y or N
located in or on areas with contaminated soils.
LH. SIDE SLOPES
1. Vegetated side slopes are no steeper than 3H:1V. Y or N
2. Side slopes include retaining walls, gabion walls, or Y or N
other surfaces that are steeper than 3H:1V.
3. Vegetated side slopes are steeper than 3H:1V (provide Y or N
supporting documents for soils and vegetation).
I. EROSION PROTECTION
1. The inlets do not cause erosion in the SCM. Y or N
2. The outlet does not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10 year
storm.
J. EXCESS FLOWS —An overflow/bypass has been Y or N l •
provided.
K. DEWATERING—A method to drawdown standing water has Y or N
been provided to facilitate maintenance and inspection.
L. CLEANOUT AFTER CONSTRUCTION —the SCM has been Y or N
cleaned out and converted to its approved design state.
M. MAINTENANCE ACCESS
1. The SCM is accessible for maintenance and repair. Y or N
2. The access does not include lateral or incline slopes Y or N
>3:1.
N. DESIGNER QUALIFICATIONS (FAST-TRACK PERMIT)— T The designer is licensed under Chapters 89A, 89C, 89E, or Y or N
89F of the General Statutes.
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"N/E",
below. Attach additional pages as needed:
Page 4 of 8
State Stormwater Management
Permit No. SW8 181016
Page 5 of 8
State Stormwater Management
Permit No. SW8 181016
AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS
I hereby state that I am a licensed professional and I certify by my signature and seal below that I
have observed the construction of the low density project named above to the best of my abilities with
all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1003 and is
consistent with the permit documents, plans and specifications on file with or provided to the Division,
except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules and the
general statutes has been preserved.
❑ Check here if this is a partial certification. Section or phase?
_ Check here if this is part of a Fast-Track As-Built Package Submittal per .1044(3).
_ Check here if the Designer did not observe the construction but is certifying the project.
Check here if pictures of the project are provided.
Printed Name Signature
NC Registration Number Date
Consultant's Mailing Address:
SEAL:
City/State/ZIP
Phone Number
Consultant's Email Address:
O Circle N if the as-built value differs from the Plan/Permit. If N is circled, provide an explanation on
page 2.
OO N/E = not evaluated (provide explanation on page 2 OO N/A = not applicable to this project/ plan._
Consultant's Certification (MDC .1003) ®As-built ON/E 3N/A
A. Project Density and Built-Upon Area
1. The project has areas of high density based on natural
drainage area boundaries, variations in land use or Y or N
construction phasing.
2. The project's built-upon area does not exceed the Y or N
maximum limit specified in the permit. _
B. Disppersed Flow—the project maximizes dispersed flow _T Y or N
through vegetated areas and minimizes channelized flow.
C. Vegetated Conveyances •
1. Stormwater that is not released as dispersed flow is
transported by vegetated conveyances. Y or N
2. The project has a minima! amount of non-vegetated Y or N
conveyances to reduce erosion.
3. Other than minimal piping under driveways and roads, no
piping has been added beyond what is shown on the Y or N
approved plans.
4. Side slopes are no steeper than 3H:1V. Y or N
Page 6 of 8
State Stormwater Management
Permit No. SW8 181016
5. The conveyance does not erode in response to the peak
flow from the 10 year storm. Y or N
D. Curb outlet systems -the project uses curb &gutter with
- - -- - — - - - -1 N
outlets to grassed swales or vegetated areas that meet the Y or
-_following criteria: ��-
1 The swale or vegetated area can carry the peak flow from Y or N
the 10 storm at a non-erosive velocity.
2. The longitudinal slope of the swale or vegetated areas
does not exceed 5%. Y or N
3. The swale has a trapezoidal cross-section and a minimum Y or N
bottom width of two feet.
4. The minimum length of the swale or vegetated area is 100 Y or N
feet.
5. Side slopes are no steeper than 3H:1 V. Y or N
6. The project utilizes treatment swales designed per Section
- _1061 in lieu of the curb outlet system requirements. Y or N
cDAs-built UN/E eN/A
E. Vegetated Setbacks ----- _ .. _ --- - i - - !
1. The width of the vegetated setback is 50'. Y or N
2. The width of the vegetated setback has been measured
from the normal pool of impounded waters, the MHW line of Y or N
tidal waters, or the top of bank of each side of rivers or
streams.
3. The vegetated setback is maintained in grass or other Y or N
vegetation.
4. BUA that meets the requirements of NCGS 143- Y or N
214.7(b2)(2) is located in the setback.
5. BUA that does NOT meet the requirements of NCGS 143-
214.7(b2)(2) is located within the setback and is limited to:
a. Publicly funded linear projects (road, greenway, or
sidewalk) Y or N
b. Water dependent structures
c. Minimal footprint uses such as poles, signs, utility i !
appurtenances, and security lights.
6. The amount of BUA within the setback is minimized and
channeling of the runoff from the BUA has been avoided. Y or N
7. Stormwater is not discharged (via swale or pipe) through a
vegetated setback. Stormwater is released at the edge of Y or N
the setback and allowed to flow through the setback as
dispersed flow.
F. Outlets-stormwater outlets do not cause erosion downslope i T
of the discharge point during the peak flow from the 10 year Y or N
storm.
G. Variations-the project has variations from the MDC that —
€ were not previously approved. (Modification may be required) Y or N
H. Deed restrictions (if required)-are recorded and ensure -that the project and the BUA will be maintained in perpetuity Y or N
consistent with the permit, approved plans and specifications. i I
I. For r Subdivisions Only(Residential or Commercial)
1. The number of platted lots is consistent with the approved Y or N
plans.
2. The project area is consistent with the approved plans. Y or N
3. The layout of the lots and streets is consistent with the Y or N
approved plan.
4. The width / radius of streets, paved accesses, cul-de-sacs Y or N
and sidewalks is consistent with the approved plan.
5. No piping, other than those minimum amounts needed Y or N
under a driveway or under a road, has been added.
6. The lot grading, road grading, vegetated conveyances,
piping, inverts, and elevations are consistent with the Y or N
approved plans.
Page 7 of 8
State Stormwater Management
Permit No. SW8 181016
Provide an explanation for every MDC that was not met, or for every deviation from the permitted
condition below:
Page 8 of 8
DEMLR USE ONLY
. ' Date Received Fee Pa' Permit Number
101 j 1$ 4A c '4T SAY31$Ito(e
Applicable Rules: ❑Coastal SW—1995 ❑Coastal SW—2008 ❑Ph II-Post Construction
(select all that apply) 0 Non-Coastal SW-HQW/ORW Waters ❑Universal Stormwater Management Plan
0 Other WQ Mgmt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Energy,Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name(subdivision, facility,or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements,etc.):
Tides End Subdivision
2. Location of Project(street address):
Tar Landing Road(NCSR 1531)
City:Stump Sound Township County:Onslow Zip:28460
3. Directions to project(from nearest major intersection):
From intersection of US 17& NC 172 in Folkstone,South on NC 17 approx.0.98 miles to NCSR 1532, left on
NCSR 1532 approx. 1.6 miles to NCSR 1531,right on NCSR
1531 approximately 0.80 miles,site on left.
4. Latitude:34°30' 12.7" N Longitude:77°28'55.9" W of the main entrance to the project.
3y 5o35}1l8 --n.y$2a�11
II. PERMIT INFORMATION:
1.a.Specify whether project is(check one): New ❑Modification ❑ Renewal w/Modificationt
tRenewals with modifications also requires SWU-102-Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number_ , its issue date(if known) ,and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification
2. Specify the type of project(check one):
®Low Density ❑High Density ❑Drains to an Offsite Stormwater System ['Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application,list the stormwater project number,
if assigned, and the previous name of the project,if different than currently
proposed,
4.a.Additional Project Requirements(check applicable blanks;information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major NSedimentation/Erosion Control:19.6 ac of Disturbed Area
❑NPDES Industrial Stormwater 0404/401 Permit:Proposed impacts
b.If any of these permits have already been acquired please provide the Project Nritrievirga tber,
issue date and the type of each permit:
JAN 31 2016
Form SWU-101 Version Oct.31,2013 Page 1 of 6 BY:
5., Is the project located within 5 miles of a public airport? No fYes
If yes,see S.L. 2012-200,Part VI:http://portal.ncdenr.org/web/lr/rules-and-regulations
III. CONTACT INFORMATION
1.a.Print Applicant/Signing Official's name and title(specifically the developer, property owner,lessee,
designated government official,individual,etc.who owns the project):
Applicant/Organization:Beaver Creek Investors,Inc.
Signing Official&Title:Betty Bullock,President
b.Contact information for person listed in item la above:
Street Address:405 Johnson Boulevard
City:Tacksonville State:NC Zip:28540
Mailing Address(if applicable):P.O.Box 1685
City:Jacksonville State:NC Zip:28541
Phone: (910 ) 346-9800 Fax: ( )
Email:
c.Please check the appropriate box.The applicant listed above is:
®The property owner(Skip to Contact Information,item 3a)
❑ Lessee*(Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and
2b below)
❑Developer*(Complete Contact Information,item 2a and 2b below.)
2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
I
Signing Official&Title:
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address(if applicable):
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:
Signing Official&Title:
b.Contact information for person listed in item 3a above:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax: 's
Email: i
4. Local jurisdiction for building permits:Onslow Coun
JAN 31 2018
BY:-----------�__- _
Form SWU-101 Version Oct. 31,2013 Page 2 of 7
. Point of Contact:Benjamin Warren Phone It: (910 ) 989-3085
IV. PROJECT INFORMATION
1. In the space provided below,briefly summarize how the stormwater runoff will be treated.
Low Density Subdivision.
2.a.If claiming vested rights,identify the supporting documents provided and the date they were approved:
❑Approval of a Site Specific Development Plan or PUD Approval Date:
n Valid Building Permit Issued Date:
❑Other: Date:
b.If claiming vested rights,identify the regulation(s)the project has been designed in accordance with:
❑Coastal SW—1995 ❑Ph II—Post Construction
3. Stormwater runoff from this project drains to the White Oak River basin.
4. Total Property Area:42.69 acres 5. Total Coastal Wetlands Area:-0- acres
6. Total Surface Water Area:0.17 acres
7. Total Property Area(4)—Total Coastal Wetlands Area(5)—Total Surface Water Area(6)=Total Project Area*:
42.52 acres
* TotaI project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water(NHW)line or Mean High Water
(MHW)line,and coastal wetlands landward from the NHW(or MHW)line. The resultant project area is used to
calculate overall percent built upon area(BUA). Non-coastal wetlands landward of the NHW(or MHW)line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area/Total Project Area)X 100 =12.00
9. How many drainage areas does the project have?1 (For high density,count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project,attach an additional sheet with the information for each area
provided in the same format as below.
JAN 31 2018
-
Form SWU-101 Version Oct.31,2013 Page 3 of 7
Basin Information Drainage Area 1 Drainage Area 2 Drainage Area_ Draina&e Area_
Receiving Stream Name UT Turkey
Stream Class * SA;ORW(>► j),
Stream Index Number* 18-87-
ct?
Total Drainage Area(sf) 1,851,882 s.f.
On-site Drainage Area(sf) 1,851,882 s.f.
Off-site Drainage Area(sf) -0-
C
Proposed Impervious Area**(sf) 222,226 s.f.
%Impervious Area**(total) 12.00%
Impervious**Surface Area Drainage Area 1 Drainage Area 2 Drainage Area_ Drainage Area_
On-site Buildings/Lots(sf) 118,800 s.f.
On-site Streets (sf) 49,891s.f.
On-site Parking (sf) -0- (TS
On-site Sidewalks (sf) -0-
Other on-site (sf) -0-
Future(sf) 53,535 s.f. 4n
Off-site (sf) -0-
Existing BUA***(sf) -0-
Total (sf): 222,226 s.f.
* Stream Class and Index Number can be determined at: http://portal.ncdenr.ors/weblwq/ps/csu/classifications
** Impervious area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks,e gravel areas,etc.
***Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
11. How was the off-site impervious area listed above determined?Provide documentation.n/a
Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened&
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15,4 NCAC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance(O&M)forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy,Mineral and
Land Resources(DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item.All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/suistatesw/forms does.
I ' ials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions& E.FeetvEr,
Form.(if required as per Part VII below) `.
pP SupplementForm(s)( signed ) '1 2018
3. Original of the applicable sealed, and datie' f
agreement(s)for each BMP.
4. Permit application processing fee of$505 payable to NCDENR. (For an ,ress review,refer,to
http://www.envhelp.org/pages/onestopexpress.html for information on t e Express program
Form SWU-101 Version Oct.31,2013 Page 4 of 7
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative(one to two pages)describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information,item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within lh mile of the site boundary,include the lh !
mile radius on the map.
7. Sealed,signed and dated calculations(one copy).
8. Two sets of plans folded to 8.5"x 14" (sealed,signed, &dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures,the banks of streams and rivers,the MHW or NHW line of tidal
waters,and any coastal wetlands landward of the MHW or NHW lines.
Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures,the banks of streams or rivers,and the MHW(or NHW)of tidal waters.
i. Dimensioned property/project boundary with bearings&distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours,proposed contours,spot elevations, finished floor elevations.
1. Details of roads,drainage features,collection systems,and stormwater control measures.
m.Wetlands delineated,or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage(including off-site),drainage easements, pipe sizes,runoff calculations.
o. Drainage areas delineated(included in the main set of plans,not as a separate document).
p. Vegetated buffers(where required).
9. Copy of any applicable soils report with the associated SHWT elevations(Please identify
elevations in addition to depths)as well as a map of the boring locations with the existing
elevations and boring logs.Include an 8.5"x11"copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs,the report should also
include the soil type,expected infiltration rate,and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO:Schedule a site visit for DEMLR to verify the SHWT prior
to submittal,(910)796-7378.)
10. A copy of the most current•property deed.Deed book:4695 Page No:187-190
11. For corporations and limited liability corporations(LLC):Provide documentation from the NC
Secretary of State or other official documentation,which supports the titles and positions held
by the persons listed in Contact Information,item la,2a,and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State,otherwise the application will be returned.
http://www.secretary.state.nc.us/Corporations/CSearch.aspx
IECEIVET,
JAN 31 Zola
BY:
Form SWU-l01 Version Oct.31,2013 Page 5 of 7
, VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary,a table listing each lot number, lot size,and the allowable built-upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from http://portal.ncdenr.org/web/lr/state-stormwater-
forms does.Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner,it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s)below,the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project,if required,shall include all the items required in the permit and listed
on the forms available on the website,that the covenants will be binding on all parties and persons claiming
under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR,and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm(such as a
consulting engineer and/or firm)so that they may provide information on your behalf for this project(such as
addressing requests for additional information).
Consulting Engineer:David K. Newsom,PE
Consulting Firm:Crystal Coast Engineering,PA
Mailing Address:205-3 Ward Road
City:Swansboro State:NC Zip:28584
Phone: (910 ) 325-0006 Fax: (910 ) 325-0600
Email:crystalcoasteng@bizcc.rr.com
IX. PROPERTY OWNER AUTHORIZATION(if Contact Information,item 2 has been filled out, complete this
section)
I,(print or type name of person listed in Contact Information, item 2a)I ,certify that I
own the property identified in this permit application,and thus give permission to(print or type name of person
listed in Contact Information,item 1a) with(print or type name of organization listed in
Contact Information,item 1a) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal,which indicates the
party responsible for the operation and maintenance of the stormwater system.
nECE1.VEr.
JAN312018
Form SWU-101 Version Oct.31,2013 Page 6 of 7 BY:----
,As the legal property owner I acknowledge,understand,and agree by my signature below,that if my designated
agent(entity listed in Contact Information,item 1)dissolves their company and/or cancels or defaults on their
lease agreement,or pending sale,responsibility for compliance with the DEMLR Stormwater permit reverts back
to me,the property owner.As the property owner,it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to$25,000 per day,pursuant to NCGS 143-215.6.
Signature: Date:
I, , a Notary Public for the State of ,County of
,do hereby certify that personally appeared
before me this day of ,and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information,item 1a)Betty Bullock ,
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protecti - • enants wi ,: ecorded,and that the proposed project complies with the requirements of the
applicable • /•ter rule. un. 15A NCAC 2H.1000 and any other applicable state stormwater requirements.
Signature: I i ' 4 (473,_/) Date: $99/PY
iL.l�/l ail-� y��,/► a // /t q
I, r :/// is / alder Notary Public for the State of N�I�IYI (mot f��l/„ County of
( /1)td ,do hereby certify that M/bate] personally appeared
before me this ay of du , do 0,and owe a the a execution of the p licatio for
a stormwater permit. Witness my hand and official seal,
••��`01 SNY��11i
`�kiP 00.�i. SEAL
z NOTARY z_
��
PUBLIC �c, My commission expires�Q /D1 460
GNr NO`�,�����
-int ii.,,o-
nEcErvEv-
,„
r.,. JAN 3 1 2018
Form SWU-101 Version Oct.31,2013 Page 7 of 7 BY: -
Permit No. ' (,O Ipl('
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246, and the DWQ BMP Manual.
Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g).
I. PROJECT INFORMATION
Project Name : Tides End Subdivision
Contact Person: David K. Newsom, PE Phone Number: (910 )325-0006
Number of Lots:33 Allowable Built Upon Area(BUA) Per Lot*:3„600
Number of Dwelling Units Per Acre**:
Low Density Development(check one): E without curb &gutter ❑ with curb &gutter, outlets to (check one):
❑ Swales ❑ Vegetated Area
*If lot sizes are not uniform,attach a table indicating the number of lots,lot sizes and allowable built upon area for each lot.
The attachment must include the project name,phase,page numbers and provide area subtotals and totals. BUA shall be
shown in units of square feet.
**(Phase II Post-Construction (non-SA)only)
II. BUILT UPON AREA
Refer to DWQ's forms and applications website for specific language that must be recorded in the deed
restrictions for all subdivided projects. (http://h2o.enr.state.nc.us/su/bmp_forms.htm)
Complete the following calculation in the space provided below where:
• SA Site Area- the total project area above Mean High Water.
• DF Density Factor-the appropriate percent built upon area divided by 100.
• RA Road Area-the total impervious surface occupied by roadways.
• OA Other Area-the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. of Lots- the total number of lots in the subdivision.
• BUA per Lot-the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
• Total allowable lot BUA-the computed allowable built upon area for all lots combine '. '"'
it JAN 31 2018
Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 5
• Total BUA from lot listing-the sum of built upon area allocated for each lot on the list of non-uniform lots.
Calculation:
For uniform lot sizes:
(SA: 1,851,882 ft2 x DF: 0.12)-(RA: 49,891 ft2)-(OA: -0- ft2) =BUA per Lot=5,222 ft2
(No of Lots: 33)
For non-uniform lot sizes:
a. (SA: ft2 x DF: )-(RA: ft2)-(OA: ft2) =Total allowable lot BUA= ft2
b. Total BUA from lot listing: sf. b must be<a
III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual or at
http://hdsc.nws.noaa.gov/hdsc/pfds/
Table 1. Swale design information based on the 10-year storm.
Swale No. Drainage Impervious Grassed C Q Slope Val lowVactuai Flow
Area(ac) Area(ac) Area(ac) (cfs) (%) (fps) (fps) Depth(ft)
1 1.55 0.31 1.24 0.34 4.0 0.65% 5.0 2.10 0.80
2 1.78 0.35 1.43 0.34 4.5 0.65% 5.0 2.16 0.83
3 1.72 0.33 1.39 0.34 4.4 " " 1.00% 5.0 2.51 0.77
4 1.24 0.20 1.04 0.34 3.2 1.00% 5.0 2.34 0.68 _
5
6 e ._
7
8
9
10
11
12
13
14
15
r
16
17
18
19nEC
20 JAN 31
Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 5
IV. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1000,NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211.
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 that the following requirements
have been met and supporting documentation is provided as necessary. If the applicant has designated an agent
on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met,
then justification must be attached. Only complete items n through p for projects with curb outlets.
Page/Plan
Initials Sheet No.
a.t For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer
. is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative
4 buffer adjacent surface waters is provided.
b.t For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer
/I is provided adjacent to surface waters.
c.t For Phase II Post-Construction projects: All built upon area is located at least 30 feet
I landward of all perennial and intermittent surface waters.
_ d. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to the sale of ariy lots.
e. Built upon area calculations are provided for the overall project and all lots.
f. Project conforms to low density requirements within the ORW AEC. (if applicable per
15A NCAC 2H .1007)
g. Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales.
h. Longitudinal slope of swales is no greater than 5%;for non-curb outlet projects, calculations
for shear stress and velocity are provided if slope is greater than 5%.
i. At a minimum, swales are designed to carry the 10 year storm velocity at a non-erosive rate.
j. Swales discharging to wetlands are designed to flow into and through the wetlands at a non-
erosive velocity(for this flow requirement into wetlands,non-erosive is velocity<2 ft/s).
k. Swale detail and permanent vegetation is specified on the plans.
1. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover.
/ m. Swales are located in recorded drainage easements.
ji N/A n.tt Length of swale or vegetated area is at least 100 feet for each curb outlet.
7 N/A o.tt The system takes into account the run-off at ultimate built-out potential from all surfaces
draining to the system(delineate drainage area for each swale).
N/A p.tt Curb outlets direct flow to a swale or vegetated area.
t Projects in the Neuse,Tar-Pamlico,Catawba River basins,and Randleman Lake may require additional butters.'" Ey
JAN 3 1 2018
Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 5 1 i 0.
BY: ________
tt Only complete these items for projects with curb outlets.
JAN 31 2018 LI
Form SW401-Low Density-Rev.3-2/10/09 Page 4 of 5
V. SWALE SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time; and grass will not be mowed too close to the ground or"scalped".
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title:Betty Bullock, President
Address:P.O. Box 1685
Phone:910 346-98 0 /'1 Date: ) l�Cf//
l
Signature: ,� 1 WM)
Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the subdivision has been named the president.
/Pz. h. /'' .CL/1 (Siiydtr) ,a Notary Public for the State of A/Q 44) /1 bha.,County of
Oath vV ,do hereby certify that "Lily /Jf0 personally appeared before me this atriit
day of Jail`, Jl./ , J®`g ,and acknowledge the due execution of the forgoing swale maintenance requirements.
Witness my hand and official official seal,
Slyl
Notary signature
:2 NOTARY z= aa //
SEAL PUBLIC My commission expires l�aid l D, AV
JAN 31 2018
Form S W401-Low Density-Rev.3-2/10/09 Page 5 of 5 BY:
•
Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built-upon" area consistent with the applicable
regulation governing the density level.
1, Betty Bullock acknowledge and affirm by my signature below, that I will cause the following deed
restrictions and protective covenants to be recorded for Tides End Subdivision prior to
the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SuRROI Co , as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. 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.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
6. The maximum allowable built-upon area per lot is 3,600 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, and coquina, but does
not include raised, open wood decking, or the water surface of swimming pools.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built-upon area for that lot than is shown herein, the
governing maximum built-upon area for that lot shall be the most restrictive of the two.
8. Filling in or piping of any vegetative conveyances(ditches, swales, etc.) associated with the
development except for average driveway crossings is strictly prohibited by any persons.
9. Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30*foot from the mean high water mark of surface waters.
*50 foot for p 'ects loca "n the 20 coastal counties. //*/7,-
Signature: Y, i il.,/10 Date:
I, / /1 # Pliintan (}?Vd )) , a Notary Public in the
State of lUalth 1Q.rv/% , County of iOncf aj
do hereby certify that pAvy jull/f j1 ?i_ personally appeared
before me this the e4q day of JQL'l.tan/ , 20 19 , and acknowledge
the d e execution of the foregoing instrument. Witness my hand and official seal,
IS
"N`Z ' qt; AL
ignature a`
// f(/y U =m NOTARY z= C E IV
My Commission expires 6 PUBLIC i`
�� JAN 31 1018
Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 % oGoo��
it/1111110' BY:
N)s).)...)Q_Ln(
RSISk kaltS1\s‘ 5
111111II1111VI IOII111I IIlIlOI
floc ID: 014379020020 Type: CRP
Recorded: 07/19/2019 at 02:38:22 PM
Fee Amt: 948.00 Page 1 of 20
Onslow County NC
Rebecca L. Pollard Reg. of Deeds
BK4986 P4672-691
DECLARATION OF RESTRICTIVE AND PROTECTIVE
COVENANTS FOR TIDES END SUBDIVISION
(the "Declaration")
Prepared by and return to:
Caylor Edwards& Vatcher, P.A.
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
Q ilk-
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS, is made this the 1 r day
of July, 2019 by BEAVER CREEK INVESTORS, INC., a North Carolina corporation, hereinafter called "Declarant,"
and FIRST BANK, a North Carolina banking corporation, hereinafter referred to as "Lienholder",
W ITNESSETH:
WHEREAS, Declarant is the owner of all that certain tract of land situated in Stump Sound Township,Onslow
County, North Carolina, being more particularly described in Article I, below, being hereinafter referred to as the
"Project Area";
WHEREAS, Declarant is constructing on the Project Area, a residential subdivision, which may include
community facilities for the benefit of the community, with single family houses, hereinafter referred to as the
"Project";
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;
WHEREAS, Declarant desires to provide and allow for the annexation of additional "sections" to the Project
as said "sections" are developed and completed, and to provide for equality of rights, privileges and obligations of all
lot owners in all "sections" of the Project by adding and annexing such "sections" to the Project by recordation of
WPDOCS/OOC/RESTCOV/HERON WATCH.MASTER E C E I V E
I)
NOV 13 2020
11
BY:
"Supplemental Declarations" to this Declaration.
DECLARATION:
ARTICLE I
PROPERTY
NOW, THEREFORE, it is hereby declared that the Property described herein is, and shall be, held, transferred,
sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth: said
Property being more particularly described as follows:
BEING all that certain tract of land,containing 26.23 acres,as shown and described on a plat entitled, "Final Plat Showing,
TIDES END SUBDIVISION, (Planned Residential Development)," dared May 28, 2019, prepared by John L. Pierce &
Associates, P.A. and recorded in Map Book 76, Pages 113 - 113A, Cabinet O, in the Office of the Register of Deeds of
Onslow County, North Carolina, hereinafter referred to as the"Property" or"Subdivision".
ARTICLE II
DEFINITIONS
Section I. Association shall mean and refer to "TIDES END HOA, INC.", its successors or assigns.
Section 2. Board shall mean and refer to the Board of Directors of the Association.
Section 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".on any recorded subdivision map of any portion
of the Property. The Common Area to be conveyed to the Association initially will be the parcel of land designated "CBU."
on the aforementioned recorded plat of the Property'.
Section 4. Common Expenses shall mean and refer to :
a. the actual and estimated expenses of operating the Association, including 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-Laws;
b. all amounts expended by the Association in accordance with Article XVI in holding and being
responsible for the obligations of the Stormwater Management Permit SW8 181016 overseeing,
supervising,administering,managing,repairing,replacing and insuring all Stormwater Management
Facilities located within the Property 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, repair and replacement of any sign,
fence or other improvements, including the landscaping thereof, within any Sign Easement, or
Fence Easement,both of which are hereinafter defined,and any expenditures required to maintain
compliance with the North Carolina Erosion and Sedimentation Control Permit for the Property;
d. all amounts expended by the Association for the maintenance, repair and replacement of the 0.01
acre parcel designated as "Cluster Box Units,"or"CBU"on the aforementioned recorded plat of
the Subdivision, including any improvements thereon;
Section 5. Declaration shall mean the covenants,conditions,restrictions and easements and all other provisions
set forth in this entire document, as may from time to time be modified or amended.
Section 6. Declarant shall mean and refer to BEAVER CREEK INVESTORS, INC., a North Carolina
corporation, or any successor in title or any successor in interest of BEAVER CREEK INVESTORS, INC. to all of the
WPDOCS/DOC/RESTCOVMERON WATCH.MASTER
Property then owned by BEAVER CREEK INVESTORS. INC.. or if it is provided in writing by the Declarant that the
successor in title or successor in interest is to assume the rights and obligations of Declarant, then to any successor in title
or successor in interest to any portion of the Property then subject to this Declaration.
Section 7. Left Intentionally Blank.
Section 8. Development Rights means the rights of Declarant, independently or in combination with others,
to:(i)add real estate to the Property;(ii)create lots,common area or limited common area within the Property;(iii)subdivide
or combine lots or convert lots into common area.(iv)re-allocate the permissible built-upon area of any Lot or Lots; or(v)
withdraw real estate from the Property.
Section 9. Fence Easement shall mean any area of the Property designated as "Fence Easement" on the
any recorded subdivision map of any portion of the Properties.
Section 10. Lot shall mean any separately described parcel of land, other than streets, roadways. areas
designated as easements,and Centralized Mailbox Common Area,as shown on any recorded subdivision map of the Property.
Section 11. Permit shall mean the State of North Carolina Stormwater Management Permit number
SW8 181016 issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000, issued February 27,
2019. and any subsequent modification thereto or other stormwater management permit hereafter issued for any property
annexed to the Subdivision by the Declarant.
Section 12. Project Property or Area shall mean the real property described in Article I, supra. together
with all structures and other improvements thereon, together with such other portions of the Development Area as may
from time to time be added to and annexed in the Project Area by Supplemental Declaration.
Section 13. Property or Properties shall mean and refer to any real property which is, or may be, subject to
this Declaration, or any Supplemental Declaration.
Section 14. Sian Easement shalt mean any area of the Property designated as"Sign Easement"on any recorded
subdivision map of any portion of the Properties.
Section IS. Special Declarant Riehts means the rights of Declarant.it successors and assigns,to:(i)complete
improvements indicated on recorded plats and any plans for the Property;(ii)exercise any development right;(iii) maintain
sales offices,management offices,signs advertising the Property,and models;(iv)use easements through common areas for
the purpose of making improvements within the Property,or within real estate which may be added to the Property;(v)make
the Property part of a larger planned community or group of planned communities;(vi)make the Property subject to a master
association; or(vii)appoint or remove any officer or executive board member or director of the Association or any master
association during any period of Declarant control.
Section L6. 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 tract or
parcel land annexed to the Subdivision, if any.
ARTICLE III
PURPOSES
No Lot or Lots shall be put to any use other than for occupancy by one (l)single family for residential purposes ,
except that any Lot, including, but not limited to a Reserved By Owner Lot, which is owned by Declarant may be used by
the Declarant for a street or roadway or off-site sanitary sewer disposal system. All Lots with the suffix "A", if any, shall
be used solely for sanitary sewer disposal and shall be owned and conveyed together with the same numeral parent Lot
whether or not it is described in the deed of conveyance of such parent Lot.
WPDOCS/OOC/RESTCOY/HERON WATCH.MASTER
ARTICLE III
LAND USE AND BUILDING TYPE
No building shall be used except for single family residential purposes.No structure shall be erected,placed,altered,
or permitted to remain on any such Lot other than one(1)single family dwelling not to exceed three (3)stories in height, a
private garage which may contain living quarters for occupancy by domestic servants of the lot occupant only,and such other
outbuildings as may be reasonably appurtenant to the dwelling,provided that the same are constructed in line with the general
architectural design and construction standards used as the dwelling itself, except as provided in Article XIII, below. This
covenant shall not be construed as prohibiting the use of a new single family dwelling as a model home for sales purposes.
No construction, alteration or improvement to any Lot shall be made which will result in the amount of built-
upon area("BUA")exceeding the"BUA"permitted under Article XVI,unless an additional amount of"BUA"has been
assigned to such Lot by the Declarant. Prior to commencement of any construction, alteration or improvement to any
Lot the Owner shall submit the plans therefore to the Declarant, or the Association, for its written approval and
acknowledgment that such proposed construction,alteration or improvement will not result in a violation of the permitted
BUA under Article XVI.
ARTICLE [V
DWELLING QUALITY AND SIZE AND MAXIMUM IMPERVIOUS AREA
The ground floor area of the main structure,exclusive of one-story porches and garages,shall be not less than 1,000
square feet for a one-story dwelling, nor less than 650 square feet for a dwelling of more than one story. All exterior colors
of the structure(i.e. exterior walls, window frames.soffit and shingles)must be approved by the Declarant or its assign prior
to construction.
The maximum impervious area for each Lot is set forth in Article XVI, entitled. "Stormwater Management". Prior
to commencement of construction of any improvements on a Lot, the Owner shall submit to the Declarant or the Association
evidence in the form of a survey,preliminary plot plan or other evidence satisfactory to the Declarant or Association,in their
sole discretion, that the construction of the proposed improvements will not result in a violation of the maximum impervious
area permitted in Article XVI, below.
ARTICLE V
BUILDING LOCATION
No building shall be located on any comer lot nearer to the front line or any side street line than as shown on the
recorded plat nor nearer than 15 feet to the rear lot line. No building shall be located with respect to interior side lot lines
so as to be nearer than 8 feet to either such line. No dwelling shall be located on any interior lot nearer to the front lot line
than as shown on the recorded plat nor nearer than 15 feet to the rear lot Line. No garage or other permitted accessory
building shall be located nearer than 15 feet to any rear lot line. For the purposes of this covenant,eaves,steps,open porches,
and carports shall not be considered as part of a building provided, however, that this shall not be construed to permit any
portion of a building on a lot to encroach upon another Lot. An error of not more than ten percent(10.0%) in the location
of a building on the lot with respect to the minimum set back lines shall not be considered a violation of this covenant.
ARTICLE VI
NUISANCES
No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be
or may become an annoyance or nuisance to the neighborhood.
WPDOCS/DOC/RESTCOV/HERON WATCH.MASTER
ARTICLE VII
RESERVATION OF EASEMENTS
(A) Utility, Septic System and Drainage Easements and Maintenance, Easements for installation and
maintenance of utilities. including,but not limited to septic system facilities,and drainage facilities are reserved as shown on
any recorded plat of the Property ,and over the rear ten(10)feet of each Lot. Within these easements,no structure,planting
or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance
of utilities,or which may obstruct or retard the flow of water through drainage channels in the easements,The easement area
of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those
improvements for which a public authority, or utility company is responsible.
(B) Reservation of Right to Grant Future Easements. The Declarant reserves for itself, its successors and
assigns, an easement and right at any time in the future to grant an easement or right of way under,over, upon and along the
side,rear and front property lines of each and every Lot in the Subdivision described herein, for drainage, and the installation
and maintenance of poles, lines,conduits, pipes, and other equipment necessary to or useful for furnishing electric power,
gas,telephone,and cable service,drainage or other utilities,including water and sanitary sewer or storm water sewer services.
ARTICLE VIII
ANIMALS, LIVESTOCK AND POULTRY
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot,except that dogs, cats or other
customary household pets may be kept,provided that they are not kept,bred or maintained for commercial purposes. Owners
shall be obligated to construct fences in compliance with the fence requirements set forth in Article X, infra, or invisible
fencing, to insure pets remain confined on the owner's lot. Pets shall not be restrained on Lots by any chains, ropes or other
leash type device anchored or fastened to a temporarily or permanently immovable object or structure. Any and all pets shall
not be allowed off the owner's Lot, unless same are leashed, under the direct physical control of the owner at all times, and
are not creating a nuisance to, or threat to the safety of, the other residents,or guests of residents, in the Subdivision. Any
violation of the provisions set forth in this Article shall subject the lot owner to a fine, and/or a directive for the owner's
animal to be permanently removed from the subdivision, as determined in the reasonable discretion of the Declarant, or the
Association, in accordance with North Carolina General Statutes Section 47F-3-102(12).
ARTICLE IX
BUILDING PLANS AND SPECIFICATIONS
No dwelling or other building shall be erected upon any lot unless the plans and specification thereof meet or exceed
the requirements of "minimum property standards for one and two living units". (FHA. No.300), Federal Housing
Administration.
ARTICLE X
ERECTION OF FENCES AND FENCE ENCROACHMENT EASEMENTS
Every Owner of a Lot shall be entitled to construct a fence on his Lot, in accordance with the specifications in this
Article:
(A) All fences shall be constructed so as not to exceed six(6)feet in height and shall be of wood or vinyl material.except
as otherwise provided herein for ornamental fences. No chain link fences shall be permitted. All fences shall be
natural wood color, white or such other color approved by the Declarant or Association, in writing. Unless unduly
burdensome due to topographical or other physical conditions, as determined by the Declarant, or the Association,
all fences shall be constructed on, or as close as reasonably possible to,the common property line with the adjacent
Lot or Lots. The Declarant and all Lot Owners shall have die right to tie in with(i.e.connect to)an existing fence
wall erected on any adjacent Lot, such that the fence along the common property line becomes a shared fence wall.
WPDOCS/DOCIRESTCOV/HERON WATCH.MASTER
Every Owner is deemed to agree that minor deviations(i.e. less than one foot)in the actual layout of the fence along
the common property line shall be waived upon completion of construction and adjacent property Owners shall have
fence encroachment easements, not to exceed one (l) foot in width. No fence shall be erected between the front of
the primary dwelling and the street right of way.Fencing traversing a Lot shall be parallel to the front lot line,unless
otherwise approved by Declarant. Provided, however, that with respect to corner lots, no fencing shall be erected
or maintained without the prior written approval of the Declarant, its successor or assign.
(B) All reconstruction of such shared fence walls shall be subject to general rules of law regarding party walls.The cost
of reasonable repair and maintenance of a shared fence wall shall be shared by the Owners who make use of the
fence. Every Owner shall have an easement and right of entry upon the Lot of any other Owner to the extent
reasonably necessary to perform repair. maintenance, or reconstruction of a shared fence wall and those
improvements belonging to his Lot which encroach on an adjoining Lot or Common Area.Such repair,maintenance,
or reconstruction shall be done expeditiously,and upon completion of the work,the Owner shall restore the adjoining
Lot or Lots and Common Area to as near the same condition as that which prevailed prior to commencement of the
work as is reasonably practicable.
ARTICLE XI
GARBAGE AND REFUSE DISPOSAL
No Lot shall be used or maintained as a dumping ground for rubbish. Trash.garbage or other waste and
recyclable materials shall not be burned or disposed of on any Lot, and shall be kept in enclosed sanitary containers. All
equipment for the storage, prior to disposal of such material, shall be kept in a clean and sanitary condition. The
placement of containers for such materials shall be kept in an enclosed area, not subject to view from outside of the
enclosed area, except for the pick up for disposal. All incinerators or other equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition.
ARTICLE XII
SIGHT DISTANCE AT INTERSECTION
No fences, 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 corner lot within the triangular area formed by the street property
lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded
property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply
upon any lot within l0 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 distance of such intersection, unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
ARTICLE XIII
TEMPORARY STRUCTURES
No structure of a temporary character, such as, trailer, storage shed, tent, shack, garage(not on a permanent
foundation), barn or other outbuilding shall be erected or allowed to remain on any Lot as a residence, temporarily or
permanently. Such temporary structures, not used as a residence, shall only be allowed within an enclosed area to the rear
of the main dwelling and substantially concealed from street view. The Declarant may, in its sole discretion,grant a
variance to Article Ill requirement of all buildings being similar to the general architectural design of the main dwelling,
provided such variance is for the location of a structure within an enclosed area, substantially concealed from street view.
WPDOCS/OOOC/RES7COV/HFRON WATCH.MASTER
ARTICLE XIV
DRAINAGE
All driveways shall have drainage tile in the street ditches installed and sized in accordance with the N.C. State
Highway recommendations and in accordance with the stormwater rules and restrictions set forth in Article XVI.
ARTICLE XV
MISCELLANEOUS RESTRICTIONS
(A) Operative motor vehicles used by a resident of a Lot as a primary source of transportation may be parked
only in the driveway of such Lot Owner or in any garage space owned by the Owner of such Lot. However, the residents
of any one Lot may not collectively park more than four(4)operative motor vehicles in the Subdivision. Inoperative, non-
licensed and/or non-registered motor vehicles (collectively "Restricted Vehicles") may not be parked on the Properties (as
defined in the Declaration), unless such Restricted Vehicles are parked in the garage and the garage door is completely
closed. No auto maintenance and/or repairs may be performed on the Properties, except if performed inside the garage, or
behind an enclosed fence, of a Lot Owner. 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.
(B) No recreational equipment, including, but not limited to trampolines, swimming pools or other devices,
other than non-portable basketball goals, shall be permitted in the area between the front of the dwelling situated on any
Lot and the street right of way, provided that non-portable basketball goals shall not be permitted within the street right of
way adjacent to any Lot.
(C) No boat or boat trailer shall be parked in the area between the front of the dwelling situated on any lot
and the street right of way.
(D) Each Lot Owner shall be responsible for repairing, and restoring to its original condition, the non-paved
portion of the street right of way adjacent to any Lot damaged by the parking of the owner's, their family members' or
guests' motor vehicles in that area.
(E) All Lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth,
including, but not limited to weeds and grass, or accumulation of rubbish or debris shall be permitted to remain on a Lot
or within the right of way adjacent to such Lot. The Declarant, and Association, their successors or assigns,reserve the
right to enter upon and cut grass,weeds,or undergrowth on any Lot.easement or area between a Lot and the adjoining
Street right of way, but shall be under no obligation to do so. The cost and expense incurred by the Declarant or
Association for maintenance of a Lot, including, but not limited to, lawn mowing, shall be deemed a Limited Common
Expense to be paid by the Lot Owner, which shall be a lien on such Lot and enforceable as provided in Article XIX(M) of
this Declaration. Declarant, or Association, their 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.
(F) 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 Declarant or Association is not
required prior to the display of such signs, the Declarant or Association 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
WPDOCS/OOC/RESTCOV/HERON WATCH.MASTER
exist on any Lot for such removal by the Declarant or Association 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, nor the erection of temporary banners for recognizing accomplishments of residents of
the Subdivision. Notwithstanding the above, any additions to the Property 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.
(G) Lawn mowers, lawn equipment, animal kennels, bicycles, motorcycles, raw firewood, or other items of
personal property may be stored only in a garage, behind and enclosed fence, or on that part of any Lot to the rear of the
extended rear/back line of the dwelling so as to be shielded from view from any street to the greatest extent reasonably
possible.
(H) Only draperies or blinds shall be permitted as 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 permitted, unless otherwise approved by the
Declarant or the Association.
(I) Clotheslines shall not be permitted, unless otherwise approved by the Declarant or Association.
(J) Outdoor swimming pools, hot tubs. Jacuzzis, and other similar recreational facilities may be located only
directly to the rear of the primary dwelling, and within an enclosed fence, on a Lot. All such facilities shall be subject to
approval and compliance with all governmental laws and regulations.
(K) No Lot shall be leased for a term of less than thirty(30)days, nor shall any building or structure on any
Lot be occupied other than by a "single family". Single family shall be defined as consisting of the Lot Owner, or tenant,
Lot Owner's or tenant's spouse or companion, their children, grandchildren, parents, grandparents, and siblings.
ARTICLE XVI
STORMWATER MANAGEMENT
(A) The following covenants and restrictions set forth in this Article XVI are intended to insure continued
compliance with State Stormwater Management Permit Number SW8 181016 as issued by the Division of Energy,
Mineral and Land Resources under NCAC 2H.1000, as amended by Minor Modifications on December 6, 2017 and
March 2, 2018..
(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) The covenants set forth in this Article XVI 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.
(D) 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.
(E) The maximum allowable built-upon area("BUA")per lot is 3,600 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 has the same meaning as NCGS 143-214.7, as amended.
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.
The Permit includes the allotment of an additional 53,535 square feet of BUA(i.e. the "Excess BUA") for
future allocation by the Declarant, or its successors or assigns.
(F) In case of a Lot within CAMA's regulated Area of Environmental Concern, where the Division of
Coastal Management calculates a different maximum allowable built-upon area for that Lot than as shown herein, the
governing maximum built-upon area for that Lot shall be the most restrictive of the two amounts.
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(G) Filling in or piping of any vegetative conveyances(such as ditches, swales, etc.)associated with the
development, except for the minimum amount necessary under driveways to provide access to lots and the minimum
amount necessary to direct runoff beneath an impervious surface such as a road, is strictly prohibited by any person.
(H) AU roof drains shall be released as dispersed flow no closer than at the edge of the 50 foot vegetated
setback. At no time shall stormwater runoff be piped into or through the setback.
(I) A 50 foot wide vegetative setback must be provided and maintained adjacent to all surface waters.
measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of such
streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline.
Cr) Any individual or entity found to be in non-compliance with the provisions of the stormwater
management Permit or requirements of the stormwater rules found in l5A NCAC 02H.1000 and Section Law 2008-211,
is subject to enforcement procedures as set forth in NCGS 143, Article 21. Built upon area in excess of the permitted
amount is not allowed unless a state stormwater permit modification is issued prior to construction, which permit
modification may or may not be granted as determined by the Division of Energy, Mineral and Land Resources.
(K) These covenants are to run with the land and be binding on all persons and parties claiming under them.
(L) Placement of dredged or fill material, or development within the waters of the United States and/or
wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act.
This activity also requires notification to the Division of Energy. Mineral and Land Resources, Stormwater and Wetlands
Sections.
(M) Declarant, its successors and assigns, shall have the right, but not the obligation, in Declarant's sole
discretion, to assign all or any portion of the Excess BUA to a Lot or Lots in the Subdivision, as may be expanded,
by execution of a "Notice of Assignment of Built Upon Area," with the joint execution of such other Lot Owner
(if other than the Declarant), which shall be recorded in the Onslow County Registry, and a copy delivered to
DEMLR. If Declarant is the owner of any Lot, the Declarant may increase or decrease the permissible BUA without
the joinder of any other Owner or mortgagee, provided such increase or decrease does not result in a violation of the
total permissible BUA under the Permit.
All permitted runoff from future development of the Property 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 stormwater control system as permitted.
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 Lot is in compliance with the Permit.
ARTICLE XVII
RESERVATION OF EASEMENTS AND RIGHTS BY DECLARANT
Declarant hereby reserves for itself, the Association, their successors and assigns, for any purposes it deems useful
to its development of the Property, the development of other property now owned, or which may be owned in the future
by Declarant, or the development of other property to which Declarant may grant the benefit of such easements,those
easements shown on any recorded subdivision map of the Property, or subsequently annexed property, and the following
additional easements and rights:
A. Ingress, Egress. Drainage and Utility 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 shown on any recorded map of the Property or lying
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within the subdivision and the water and sewer easements lying within the subdivision;
B. Right to Grant Additional 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 Property and (ii)the drainage and utility easements and easements
for the water and sanitary sewer systems located within the Property, to any property outside the Subdivision and
Property to which Declarant deems the grant of such easements desirable, whether or not the property to which the
easements are granted is owned by Declarant;
C. Reservation of Underground Utility Easements: A perpetual easement over, under and
upon all streets and drainage and utility easements shown on any recorded subdivision map of the Property 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. Easement to Remove Easement Obstructions:A perpetual access easement over, under and
upon the Lots to trim,cut and remove any trees and brush 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;
E. Transmission Easements: A perpetual and exclusive easement for the installation and
maintenance of radio and television transmission cables within the rights-of-way and easement areas reserved and
defined above.
F. Sign and Fence Easements: A perpetual easement for the erection, maintenance, repair and
replacement of a sign or signs within any Sign Easement and a fence or fences within any Fence Easement as shown
on the recorded map of the Property.
G. Reservation of Development Rights and Special Declarant Rights. The Declarant shall be
entitled to exercise and hereby reserves for itself, its successors and assigns, the Development Rights and Special
Declarant Rights set forth in Article II, Section 8 and Section 15, respectively, for a period ending upon: (i)the
conveyance of all building Lots, or(ii) ten(10)years following the date of recordation of this Declaration, whichever
occurs first.
ARTICLE XVIII
OWNER'S MAINTENANCE OBLIGATIONS AND RIGHT OF DECLARANT AND
ASSOCIATION TO PERFORM CERTAIN MAINTENANCE
A. On each Lot, the rights-of-way and easement areas reserved by Declarant, except for any Sign
Easement or Fence Easement area, or dedicated to public utilities purposes, shall be maintained continuously by
the Lot owner. No structure, plantings or other material shall be placed or permitted to remain, or other
activities undertaken which may damage or interfere with the installation or maintenance of utilities, or which
may change the direction of the flow of water through drainage channels in the easements, or which damage or
interfere with established slope ratios or which create erosion problems. It is provided, however, that where the
existing location of an easement or drainage channel reserved in this Declaration or shown on any recorded
subdivision map of the Property would hinder the orderly development of the Lot on which the easement is
located, the easement or drainage channel may be relocated by Declarant. Improvements within such areas also
shall be maintained by the Lot owner, except for those for which a public authority or utility is responsible.
Further, the Declarant reserves the right to dedicate additional drainage easements, of such dimensions,as may
reasonably necessary or desirable for the orderly development of the Subdivision.
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B. In the event the owner of any Lot shall fail to maintain the Lot, and/or the improvements situated
thereon in a manner in keeping with this Declaration (that is, in a manner which enhances and preserves the
property values), in addition to any other rights set forth herein or provided by law, the Declarant and the
Association shall have the right, but not the obligation, through their agents and employees, to enter upon said
Lot and clear, clean, repair, maintain and restore the Lot, the exterior of any building and any other
improvements erected thereon, to a condition so as not to distract from the appearance of the Subdivision. There
is included in the authority herein granted the power to clear any Lot of undergrowth, rubbish, debris, weeds or
grass, including the mowing of same to conform to as close as possible to the other Lots in the Subdivision. In
the event the owner of any Lot shall damage or through negligent failure to act allow damage to occur to
Stormwater Management Facilities, located on said owner's Lot, or fail to comply with all applicable North
Carolina Sedimentation and Erosion Control Permits, in addition to any other rights set forth herein or provided
by law, the Declarant, and the Association shall have the right, but not the obligation, through their agents and
employees, to enter upon said Lot and clear, clean, repair, maintain and restore the Stormwater Management
Facilities, and to bring the Lot into compliance with the applicable governmental authorities North Carolina
Sedimentation and Erosion Control Permits. There is included in the authority herein granted the power to clear
Lots of undergrowth, rubbish, debris, weeds or grass. including the mowing of same.
The costs of the maintenance or repair authorized by this Article shall be considered the legal obligation of
the Lot owner. The Declarant, or the Association, as applicable, may maintain an action in court having
jurisdiction for such costs, together with all collection costs, including reasonable attorney's fees, and expenses
incurred in pursuing such action. The costs shall not constitute a lien on said Lot,y unless and until the final
judgment of such court shall be entered in the office of the Clerk of Court of Onslow County. Any such lien
obtained shall be subordinate to any first deed of trust.
ARTICLE XIX
TIDES END HOA, INC.
A. Purposes of Association. The TIDES END HOA, INC. (the"Association")has been or
will be formed at the direction of the Declarant pursuant to the rules and requirements of the Nonprofit
Association Act(Chapter 55A) of the General Statutes of North Carolina as an association of the owners of the
Lots. Its purposes are to: (1)oversee, inspect, maintain, repair and replace the Stormwater Management
Facilities constructed pursuant to the Permit; (2) enforce the provisions of the Permit; (3)enforce each Lot
owner's obligations with respect to the Stormwater Management Facilities pursuant to this Declaration; (4)
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; (5) inspect, maintain, repair and replace any improvements constructed or located
upon or under the septic system easements and access easements, including, but not limited to any bridges or
gates situated thereon; (6) inspect, maintain, repair and replace signs and landscaping Iocated within any Sign
Easement; (7) inspect, maintain, repair and replace fences located within any Fence Easement; and (8)take such action
as is authorized in Article XVIII, supra. The Association shall have no authority with respect to the Lots located in the
Subdivision until such time as Declarant transfers such rights to the Association.
E. Membership. Each owner of a Lot within the Subdivision shall be a member of the Association.The
Declarant, by this Declaration, and the owners of each individual Lot, by their acceptance of a deed thereto, covenant
and agree with respect to the Association:
(I) that fur so long as each is an owner of a Lot within the Subdivision, each will perform all acts
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necessary to remain in good and current standing as a member of the Association; and
(2) that any unpaid assessment, whether general or special, levied by the Association in accordance
with this Declaration, the Articles of Incorporation(herein called the "Articles")or the Bylaws
of the Association(herein called the "Bylaws")shall be a lien upon the Lot upon which such
assessment was levied and also shall be the personal obligation of the person who was the owner
of the Lot at the time the assessment fell due.
(3) Each membership in the Association shall relate to and have a unity of'interest with an individual
Lot which may not be separated from the ownership of said Lot. The books and all supporting
documentation, the Declaration, the Articles, the Bylaws, and all amendments thereto shall be
available for examination by all Lot owners, and their tenders or their lenders' agents during
normal business hours at the principal office of the Association.
C. Classes of Voting Members. The Association shall have two (2)classes of voting membership, as
follows:
Class A: Initially, the Class A members shall be all Owners, with the exception of the Declarant. and shall be
entitled to one(I)vote for each Lot owned. When more than one Person holds an interest in any Lot, all such Person
shall be members. Provided, however, the vote for such Lot shall be exercised as they among themselves determine, but
in no event shall more than one vote be cast with respect to any Lot. If multiple owners of a Lot cannot provide written
verification of the authority of a designated individual to cast their vote, then no vote may be cast by that particular Lot
Owner. Any Class A.member may assign its voting rights to the Declarant, whether or not the Declarant owns any other
Lot, which shall entitle the Declarant to ten(l0) votes for such Lot as a Class B member.
Class B: The Class B member shall be the Declarant and shall be entitled to ten(10) votes for each Lot owned, or
each Lot for which an assignment of voting rights has been granted from a Class A member. The Class B membership
shall cease and be converted to Class A membership on the happening of any of the following events:
(i) at such time as all of the Lots have been sold and are occupied by permanent residents thereof; or
(ii) ten(10)years from the date of recordation of this Declaration; or
(iii) when, in its discretion, the Declarant so determines.
D. Stortwater Manaaemcnt Permit. The Declarant shall, at its sole cost and expense, initially
construct all Stormwater Management Facilities required to be located upon the Lots and Property or upon any
property annexed into the Subdivision by the Declarant to the standards required by the applicable Permit. Upon
completion of the construction of said Stormwater Management Facilities located in the Subdivision, the Declarant
shall transfer the applicable Permit to the Association and the Association shall accept the transfer of the applicable
Permit from the Declarant upon the earlier to occur of(i) the date the North Carolina Department of Environment
and Natural Resources allows such transfer to occur; or, (ii) the date upon which at least fifty percent(50%)of the
Lots in the Subdivision are conveyed to owners, other than Declarant. Prior to any such transfer, the Stormwater
Management Facilities for the Subdivision, including any property annexed by Declarant into the Subdivision, shall
be certified, either by state inspection or by a licensed engineer, as being in compliance with the applicable Permit
prior to such assignment or transfer. The 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 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
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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 easement over, under and upon each Lot and future lots in the
Subdivision for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwater
Management Facilities located upon each Lot and future subdivided lot. In the event, the Declarant annexes
additional property 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 each annexed Lot for the purpose of
access to and inspection, maintenance, repair and replacement of all Stormwater Management Facilities located
upon each annexed lot.
E. Expenses of the Association. The expenses of the Association shall include:
(I) 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 and Sedimentation and Erosion Control facilities located within the Subdivision
as required by this Declaration; all amounts expended by the Association for maintenance and repairs of the Cluster
Box Units area and facilities; 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 fees 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.
(2) All amounts expended by the Association in carrying out any duty or obligation as may be
required or allowed by this Declaration, the Articles or the Bylaws.
(3) All amounts expended by the Association in operating, administering, managing, repairing,
replacing, improving, paying all taxes imposed on and insuring the improvements, including landscaping, situated
in the Sign Easement.
(4) All amounts expended by the Association for the maintenance, repair and replacement of any
fence erected in any Fence Easement as shown on the recorded plat of the Subdivision.
(5) All amounts expended by the Association in repairing, replacing, and improving the force
main/supply lines of any wastewater treatment systems and/or sanitary sewer(septic system)easements, if any,
dedicated for such purpose.
F. Assessments. Each purchaser or grantee of any Lot in the Subdivision which has been improved by the
construction of a single family residence thereon and occupied by such purchaser or grantee, individually or by
his/her/their tenants or assigns, by acceptance of a deed for the same (whether or not it shall be so expressed in
such deed) is deemed to covenant and agree, to pay to the Association annual general assessments or charges and
specific special assessments, as hereinafter provided. The annual general assessments and specific special
assessments, together with interest,costs and reasonable attorneys' fees, shall be a separate charge and lien on the
land and, subject to the limitations set forth herein, shall be a continuing lien upon the property against which each
such assessment is made. Furthermore, each such assessments, together with interest, costs, and reasonable
attorneys' fees, shall also be the personal obligations of the person who was the owner of the Lot at the time when
the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title to a
Lot, unless expressly assumed by them, but, subject to the provisions of this Declaration, delinquent assessments
shall continue to be a lien upon such Lot. •
(t) Until January 1, 2020, the annual General Assessment for all Lots shall be One Hundred
Dollars ($100.00) per Lot.
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(2) From and after January 1, 2020, the annual general assessment may be increased upon the
vote of a majority of the Board of Directors of the Association by no more than twenty percent(20.0%) of the
annual general assessment for the preceding year.
(3) Any increase of the annual general assessment,exceeding fifteen percent(20.0%)of such
assessment for the preceding year must be approved by the owners of at least two-thirds(2/3)of the Lots subject to
such assessment, who are voting in person or by proxy at a meeting called for this purpose.
(4) Once the annual general assessment has been set, notice of the annual general assessment
shall be given to all Lot owners. It is provided, however, that no owner is relieved from the obligation to pay the
assessment because of failure to give such notice. After the initial notice of the assessment, no bills for such
assessment will be forwarded to any owner, but such assessment thereafter shall become due and payable as
provided by the Board of Directors.
(5) As provided in the Bylaws, and subject to the restrictions and limitations provided herein. the
Board of Directors shall establish an Annual Budget in advance for each fiscal year. Such budget shall project all
expenses for the forthcoming fiscal year which may be required for the proper operation, management and
maintenance of the Stormwater Management Facilities, the North Carolina Sedimentation and Erosion Control
Permits, the "Entrance Signs" situated in any Sign Easement, any fence situated in any Fence Easement, the
operation, management and maintenance of the improvements and facilities situated upon Cluster Box Units area
and the Association, including a reasonable allowance for contingencies and reserves. The budget shall take into
account any projected or anticipated income. Upon adoption of such Annual Budget by the Board of Directors,
copies of the Budget shall be delivered to each owner together with a statement of the applicable assessment(s) for
each Lot as provided herein, based upon such budget: however, the non-delivery of a copy of said Budget shall not
affect the liability of any owner for such assessment(s). The Annual Budget for the annual general assessment shall
be divided by the number of Lots subject to the annual general assessments at the time of the annual meeting of the
members and the quotient shall be the annual general assessment per Lot for the succeeding fiscal year.
(6) All monies collected by the Association shall be treated as the separate property of the
Association and such monies may be applied by the Association to the payment of any expense of operating and
managing the Association or the proper undertaking of all acts and duties imposed upon it by virtue of this
Declaration, the Articles and the Bylaws. Although all funds and any increments thereto or profits derived
therefrom shall be held for the benefit of the members of the Association, no member of the Association shall have
the right to assign, hypothecate, pledge or in any manner transfer said owner's membership interest therein, except
as an appurtenance of said owner's Lot. When the owner of a Lot shall cease to be a member of the Association by
reason of said owner's divestment of ownership of such Lot, by whatever means, the Association shall not be
required to account to such owner for any share of the fund or assets of the Association, including any monies
which said owner may have paid to the Association, as all monies which any owner has paid to the Association
shall be and constitute an asset of the Association which may be used in the operation and management of the
Association.
(7) Written notice of any meeting called for the purpose of taking any action requiring a meeting
shall be sent to all members not less than twenty(20)days, or more than sixty (60)days in advance of the meeting.
At the first such meeting called, the presence of members or of proxies entitled to cast ten percent(10%)of the
votes of all members shall constitute a quorum. If the required quorum is not present, another meeting may be
called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half
CA) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty
(60) days following the preceding meeting.
I. Annual general assessments and special assessments shall be fixed at a uniform rate for all Lots.
J. The annual general assessments provided for herein shall commence as to each Lot when it has been
improved by the construction of a single family residence thereon and occupied by the purchaser or grantee,
individually or through his/her/their tenants or assigns, on the date of recordation of the deed for such Lot in the
Office of the Register of Deeds of Onslow County and shall be prorated on a calendar year basis through the date
of such recordation. The annual general assessments shall be assessed for each calendar year thereafter and shall be
payable annually, or more frequently, with the due date for such payments and payment frequency, being as
established by the Board of Directors.
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K. The annual general assessment levied by the Association shall be used exclusively to oversee,
inspect, maintain and repair the Stormwater Management Facilities, Cluster Box Units facilities, Sign Easement and
Fence Easement areas, if any; to enforce the provisions of this Declaration relating to the Stormwater Management
Facilities, the Permit, the applicable North Carolina Sedimentation and Erosion Control Permit and to pay the
expenses of the Association from and after the time, if ever, Declarant transfers the Permit to the Association. The
Association's functions shall be to oversee, inspect, maintain and repair the Stormwater Management Facilities.
Sign Easement and Fence Easement areas; to enforce the provisions of this Declaration relating to the Stormwater
Management Facilities, the Permit, the applicable North Carolina Sedimentation and Erosion Control Permits. The
powers of the Association may not be expanded beyond those purposes. Nothing herein relieves the owner of a Lot
from said owner's obligation to maintain the areas upon said owner's Lot upon which the Stormwater Management
Facilities and sanitary sewer(septic system) and access easements are located as provided herein and not to damage
or allow damage to occur to said Stormwater Management Facilities and septic system/access easements, and to
comply with the provisions of all applicable North Carolina Sedimentation and Erosion Control Permits.
L. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly
executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of
the date of its issuance.
M. General special assessments, and special assessments may be levied against Lots for such reasons
as are provided in this Declaration, the Articles or the Bylaws, and on such terms as provided by the directors and
the members. Upon a two-thirds (2/3) vote of the Directors and a two-thirds(2/3) vote of the owners of Lots who
are voting in person or by proxy at a meeting duly called for this purpose, the Association may levy and impose
special assessments. The purposes for which special assessments may be levied are limited to providing funds to
pay for the oversight, inspection, maintenance and repair of the Stormwater Management Facilities, Cluster Box
Units, Sign Easement and Fence Easement areas, if any, off-site septic systems and repair areas, if any, to enforce
the provisions of this Declaration relating to the Stormwater Management Facilities, the Permit and all applicable
North Carolina Sedimentation and Erosion Control Permits, Sign Easement and Fence Easement areas, Cluster
Box Units and off-site septic systems and repairs areas, which exceed the general assessment then on hand to pay
same and to provide a contingency fund for capital improvements and extraordinary expenses. General special
assessments shalt be levied at a uniform rate for all Lots to which such assessments may be charged as set forth in
this Declaration. Special assessments may be assessed against the owner of a Lot after written notice has been given
by the Association to the owner of said Lot at the address of the owner appearing upon the records of the
Association by United States mail, postage prepaid, that the Stormwater Management Facilities located on said Lot
have been damaged by the act or negligent failure to act of said owner or that said owner has failed to comply with
all applicable North Carolina Sedimentation and Erosion Control Permits and such Stormwater Management
Facilities are in need of repair or replacement in order to comply with the Permit or actions must be taken in order
to comply with the applicable North Carolina Sedimentation and Erosion Control Permits and the owner of said Lot
has not taken the necessary action to bring the Stormwater Management Facilities located on said owner's Lot into
compliance with the Permit or to comply with the provisions of all applicable North Carolina Sedimentation and
Erosion Control Permits within thirty(30)days after the mailing of said notice. If said owner commences the
necessary action to repair or replace the Stormwater Management Facilities or septic system and/or septic system
easement located on said owner's Lot and to bring the Stormwater Management Facilities into compliance with the
Permit or to bring the Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control
Permits, or to maintain or repair off-site septic systems or septic system easements, within the thirty(30)day
period set forth above, the imposition of a specifi special assessment shall be deferred by the Association for the
period during which said owner diligently pursues to completion the repair or replacement of the Stormwater
Management Facilities located on said Lot or compliance with the applicable North Carolina Sedimentation and
Erosion Control Permits, or maintenance or repair of the off-site septic system or septic system easement. Special
assessments shall be limited to the amount of funds actually expended, or in the discretion of the Board of
Directors, the amount of funds reasonably estimated by the Board of Directors will be expended, by the Association
to repair or replace the Stormwater Management Facilities located upon the Lot or to comply with the applicable
North Carolina Sedimentation and Erosion Control Permit upon which the specific special assessment is assessed,
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Special assessments, either general or specific, together with interest, costs and reasonable attorneys' fees, shall be
a charge and lien on the land and, subject to the provisions set forth in this Declaration, shall be a continuing lien
upon the Lot against which each such assessment is made. The personal obligation of an owner of a Lot for
delinquent special assessments, whether general or specific,or limited common assessment, shall not pass to a
successor in title to a Lot, unless expressly assumed by the successor, but, subject to the provisions of this
Declaration, delinquent special assessments shall continue to be a lien upon such Lot.
N. Any annual general assessment, general special assessment, or specific special assessment, if not paid
within thirty(30)days after the date such assessment is due, shall be subject to a late payment charge, and shall
bear interest at the maximum legal rate of per annum thereafter. The Association may record a claim of lien against
the Lot for such delinquent assessments and charges, together with costs of collection, court costs, and reasonable
attorneys' fees in the Office of the Clerk of Superior Court of Onslow County in accordance with Section 47F-3-
116 of the North Carolina General Statutes, or file a suit to collect such delinquent assessments and charges. The
Association may file Notice of Lis Pendens, bring an action at law against the owner personally obligated to pay the
same and/or bring an action to foreclose the lien against the Property. The lien of any assessment provided for
herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any
proceeding in lieu therefor, shall extinguish the lien of such assessment as to payments which became due prior to
such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof. No owner may waive or otherwise escape liability for the assessments
provided for herein.
O. In the event the Articles of Incorporation and/or Bylaws of the Association are amended to expand
the rights and duties of the Association, those amendments shall have no effect on the Lots or the Subdivision
unless, by recorded amendment to this Declaration,joined in by Declarant.
ARTICLE XX
WETLANDS
It shall be the responsibility of each Owner, prior to alteration of any Lot, to determine if any portion of the
Lot shall have been determined to meet the requirements for designation as regulatory "wetlands". Any subsequent
fill or alteration of the"wetlands" shall conform to the requirements of the wetlands rules adopted by the State of
North Carolina and in force at the time of the proposed alteration. The intent of this restriction is to prevent
additional fill or alteration of designated "wetlands," so the property Owner should not assume that a future
application for fill or alteration will be approved. The property Owner shall report the name of the subdivision in
any application pertaining to "wetlands" rules. These covenants and restrictions are intended to insure the continued
compliance with "wetlands" rules adopted by the State of North Carolina, therefore compliance may be enforced by
the State of North Carolina or authorized agency or department thereof.
ARTICLE XXI
REMEDIES
In the case of failure of a Lot owner to comply with the terms and provisions contained in this Declaration.
the Articles or the Bylaws of the Association, the following relief shall be available:
A. The Declarant(whether or not the Declarant is the owner of any Lot), the Association, 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 Permit, may proceed at law and in equity to prevent the violation of any
term or provision of this Declaration, the Articles and Bylaws and also 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.
B. The remedies hereby specified are cumulative and this specification of them shall not be taken to
preclude an aggrieved party's resort to any other remedy at law, in equity or under any statute. No delay or failure
on the part of the Association, the Declarant or an aggrieved party to invoke an available remedy with respect to a
violation of any of this Declaration, the Articles and Bylaws shall be held to be a waiver by that party of(or an
WPDOCS/DOC/RESTCOV/HERON WATCH.MASTER
estoppel of that party to assert) any right available to that party upon the reoccurrence or continuation of said
violation or the occurrence of a different violation.
ARTICLE XXII
COMPLIANCE WITH DEPARTMENT OF TRANSPORTATION TRAFFIC MAINTENANCE STANDARDS
Driveway head walls, fences, mailboxes, newspaper delivery boxes, basketball goals or other roadside
obstructions, constructed or placed within the right of way of any street as shown on the recorded plat of the
subdivision in a location or out of materials determined to be a traffic safety hazard by the North Carolina
Department of Transportation or the Declarant, shall not be permitted. It shall be the duty of the Owner of any Lot
to remove such obstruction, at the Owner's sole expense, within thirty(30) days following written notification of
such objection by the North Carolina Department of Transportation or Declarant. In the event any Owner fails, or
refuses, to remove such obstruction or obstructions within the thirty (30)day period following written notification
thereof, the Declarant or the Association shall have the right, but not the duty, to remove the obstruction or
obstructions and to charge the Owner the costs thereof which shall be a lien against the Owner's Lot and may be
enforced in the same manner as provided in Article XIX(N), above.
ARTICLE XXIII
STREET LIGHTING AGREEMENT
The Declarant reserves the right to subject the Property, or any other property annexed into the
Subdivision, to a contract with an electric utility company for the installation of street lighting, and/or entrance sign
lighting. either or all of which may require an initial payment and/or a continuing monthly payment to an electric
company by each Lot Owner for a pro rata share of installation, operation and maintenance expenses.
ARTICLE XXIV
ANNEXATION OF ADDITIONAL PROPERTY INTO SUBDIVISION
The Declarant, for itself and its successors and assigns, hereby expressly reserves the 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 Lot or Lots or person or entities having a lien or security interest in such Lot or Lots,
by annexing, from time to time other real property into the Subdivision. Prom and after the date of such
annexation, the annexed Lots shall be subject to the jurisdiction of the Association and the owners of the annexed
Lots shall be members of the Association.
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 Subdivision. The right of
the Declarant, or its successors and assigns, to expand the Subdivision as herein provided shall expire fifteen(15)
years following the date of recordation of this Declaration.
ARTICLE XXV
SUPPLEMENTAL DECLARATION(S)
The Declarant shall have the right, from time to time, to record Supplemental Declarations which may
designate specific use and other restrictions within other real property annexed into the Subdivision, may create
Common Areas within such other real property for the use of all owners in the Subdivision, as may be expanded,
and may create a separate owners association exclusively for such other real property; and may exercise all rights
reserved in Article XVII, supra, provided however, no Supplemental Declaration shall avoid membership in the
Association by Owners of Lots in said other real property, nor shall any Supplemental Declaration modify or
WPDOCS/DOC/RESTCOV/HERON WATCH.MASTER
amend the terms of this Declaration or any prior Supplemental Declaration for another tract annexed, without the
required consent of Owners of all tracts of land constituting the then existing Subdivision.
ARTICLE XXVI
ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or person violating or
attempting to violate any covenant, either to restrain violations or to recover damages. In the event any proceeding
is commenced to enforce the provisions of this Declaration, the non-prevailing party shall be obligated to pay, in
addition to any monetary damages or other award granted by the court, the expenses and costs of such proceeding,
including reasonable attorneys' fees of the prevailing party.
ARTICLE XXVII
MODIFICATION
These restrictions are subject to being altered, modified, canceled or changed at any time as to said
subdivision as a whole, or as to any subdivided lot or part thereof, by written document executed by the Declarant,
its successors in title, or assigns,and by the owners of lots to which at least sixty seven percent(67%)of the votes
in the Association are allocated, and recorded in the Office of the Register of Deeds of Onslow County, North
Carolina. If the Declarant is entitled to at least sixty seven(67%)percent of the votes in the Association, the
Declarant may alter or amend these covenants without the consent of any other owner. Provided however, the
Declarant, without the consent or joinder of any owner, may annex additional properties to the Subdivision,
exercise any rights set forth in Article XVII, and exercise any other Development Rights and Special Declarant
Rights. Provided further, the Declarant may, without the consent or joinder of any owner, (i) amend any terms,
restrictions, conditions or provisions under Article XVI to comply with any stormwater law, rule or regulation, or
(ii) increase or decrease the permissible "BUA" for any Lot or Lots in accordance with the terms of this
Declaration, provided such increase or decrease does not result in the total BUA being in excess of that allowed
under the Permit.
ARTICLE XXVIII
TERM
The covenants, easements and restrictions set forth in this Declaration, as may be amended, 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, after which such time said Declaration shall be automatically
extended for successive periods of ten(10) years unless an instrument signed by a majority of the then owners of
the lots has been recorded, agreeing to change this Declaration, in whole or in part, with the exception of Article
XVI.
ARTICLE XXIX
SEVERABILITY
.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.
WPOOCS/OOC/RESTCOY/HERON WATCH.MASTER
IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed by its President, with
authority duly given by its board of directors, the day and year first above written.
BEAVER CREEK INVESTORS, INC., a North Carolina
corporation,
By:
Name: NeYal
tt za /
crl
Title: President
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
The undersigned, a Notary Public in and for said County and State, does hereby certify that Betty Bullock, known
to me or having provided satisfactory proof of her identity, personally came before me this day and acknowledged
that she is President of BEAVER CREEK INVESTORS, INC., a North Carolina corporation, and that by
authority duly given and as the act of the corporation, she executed the foregoing instrument on behalf of the
corporation for the purposes set forth therein and in the capacity indicated.
Witness my hand and official stamp or seal, this 11 day of July, 2019.
N r Public .
N NY
J. Dewey Edwards,Jr.
My Commission Expires: 04440:c1416001:
July 9, 2021 cS
WPDOCS/DOC/RESTCOV/HERON WATCH.MASTER
IN WITNESS WHp OF,th Lie older has caused this instrument to be signed by its
�/// Y/ J'�,� YaT ,with authority duly given by its board of directors,the
day and year first above written,for the sole purpose of Subordinating its lienhold interests in the Project Property,by
virtue of the deed of trust recorded in Book 4887,Page 831,Onslow County Registry,to the easements,restrictions,
covenants,and conditions set forth in the Declaration.
FIRST BANK,a North Carolina banking corporation
By: 9g6, e-e '
Name/1—..c n tqadlet d
Title: / • J/ obliti
STATE OF NORTH CAROLINA
COUNTY OF \(1�j1
The undersigned,a Notary Public in and for said County and State,does hereby certify that
SU$n 1V C T1S ,known to me or having provided satisfactory
proof of his/her identity,personally came before me this day and acknowledged that(s)he is the/a
pi[X v 1 ce. a�!S of FIRST BANK,a North Carolina banking corporation,and that by
authority duly given and as the act of the company,the foregoing instrument was signed in its name by him/her in the
capacity indicated and for the purposes set forth therein and in the capacity indicated.
Witness my hand and official stamp or seal,this ICI day of July,2019.
`� PNYtt��4 Notary Public
�`1 iti�ttn E -41\i.Q.r
Printed Name:
‘v.oyyt
NOTARY
PUBLIC o
(° coU;;.�
WPOOcs/oOC/RESTCOM/HERON WATCH.MASTER
'Rage 1 of 2 P42.co-r- d Dal d
C Q:,c ?re 4 kws '�
bzec �ut-�- us)
Doc ID: 014518430002 Type: CRP
Recorded: 11/08/2019 at 112:08:21 PM
Fee Amt: $26.00 Page 1 of 2
Onslow Count?Y NC
Rebecca L. Poilard Req. of Deeds
BK 5 5? P09 3-9 44
STATE OF NORTH CAROLINA �j
COUNTY OF ONSLOW `i Zk d 2' I
Notice, —�_:.. .,a.��u�-�,ion Area
and Amendment to Declaration of Restrictive and
Protective Covenants for Tides End Subdivision
This Notice of Assignment of Built-Upon Area and Amendment to Declaration of
Restrictive and Protective Covenants for Tides End Subdivision (the"Notice of Assignment")is
made this 5t day of November, 2019, by Beaver Creek Investors,Inc., a North Carolina corporation,
hereinafter referred to as"Declarant".
In accordance with and pursuant to the Declaration of Restrictive and Protective Covenants for
Tides End Subdivision, recorded in Book 4986,Page 672,in the Office of the Register of Deeds of
Onslow County,North Carolina(the"Declaration"),the Declarant hereby assigns and allocates to Lot
21, as shown and described on the plat of the Tides End Subdivision, recorded in Map Book 76, Pages
113 - 113A, in the Onslow County Registry, an additional 273 square feet of Built-Upon Area
("BUA"), as defined in the Declaration,thereby increasing the allowable built-upon area("BUA") for
said Lot from 3,600 square feet to 3,373 square feet.
In Witness Whereof,the Declarant has caused this instrument to be signed, in its name,by a
duly authorized officer, as the act and deed of the Declarant, the day and year first above written.
BEAVER CREEK INVESTORS,INC., a North
Carolina corporation,
By:
Name: Betty Bullock
Title: President
flECEIVE
1)
NOV 13 2020
BY:
Page 2 of 2
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person(s)personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated
therein and in the capacity(ies)indicated: Betty Bullock otwtuittttl,
ED Nei
Date: November 5 , 2019 ,c O
Notary p '°
Cnolow Court,
(O at Signature f Notary)
�b .-.Na.v �. fir. •2 rtry �%.Vit�`�,'
(Notary's printed or typed name) i�tttfCAa+""„0
(Affix Notary Stamp/Seal)
My Commission expires: Tw � }o i
Page 1 of 2
>JAI—CPA
Doc ID: 014516410002 Type: GRP
Recorded: ii/06/2049 at 12:06. Pfb
49
Fee Amt: $26.00 Page 4 of 2
Onsiow County NC
�becca t. PoP018Reg.�f Deeds
f9
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
Notice of Assignment of Built-Upon Area
and Amendment to Declaration of Restrictive and
Protective Covenants for Tides End Subdivision
This Notice of Assignment of Built-Upon Area and Amendment to Declaration of
Restrictive and Protective Covenants for Tides End Subdivision (the "Notice of Assignment")is
made this 5th day of November, 2019,by Beaver Creek Investors,Inc., a North Carolina corporation,
hereinafter referred to as"Declarant".
In accordance with and pursuant to the Declaration of Restrictive and Protective Covenants for
Tides End Subdivision,recorded in Book 4986, Page 672, in the Office of the Register of Deeds of
Onslow County, North Carolina(the"Declaration"),the Declarant hereby assigns and allocates to Lot
23,as shown and described on the plat of the Tides End Subdivision,recorded in Map Book 76, Pages
113 - 113A, in the Onslow County Registry, an additional 424 square feet of Built-Upon Area
("RUA"), as defined in the Declaration,thereby increasing the allowable built-upon area("BUA")for
said Lot from 3,600 square feet to 4,024 square feet.
In Witness Whereof, the Declarant has caused this instrument to be signed, in its name,by a
duly authorized officer, as the act and deed of the Declarant,the day and year first above written.
BEAVER CREEK INVESTORS,INC.,a North
Carolina corporation,
4.1
3y: e16t�
Name: Betty Bulk)
Title: President
Page 2 of 2
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated
therein and in the capacity(ies) indicated: Betty Bullock
Date: November , 2019 .r'%Nototy PubgjI� • • :...50`''
Onalow County
(0 'al Signature o Notary)
(Notary's printed or ed name) '// ,,ftCARO` `
(N
(A;�"uc 1Jot1'dPAamp/Seal)
My Commission expires:-J-1, Q,, q t 1417. t
Page 1 of 2
111111 1111 i 31
Doc ID: 014518420002 Type: CRP
Recorded: 11/08/2019 at 12:08:20 P11
Fee Amt: $28.00 Page 1 of 2
0ns1OK County NC
Rebecca L PoIlard Rep. of Deeds
BK5Q 2 PB9 -92
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
Notice of Assignment of Built-Upon Area
and Amendment to Declaration of Restrictive and
Protective Covenants for Tides End Subdivision
This Notice of Assignment of Built-Upon Area and Amendment to Declaration of
Restrictive and Protective Covenants for Tides End Subdivision (the"Notice of Assignment")is
made this 5*day of November, 2019, by Beaver Creek Investors,Inc., a North Carolina corporation,
hereinafter referred to as "Declarant".
In accordance with and pursuant to the Declaration of Restrictive and Protective Covenants for
Tides End Subdivision, recorded in Book 4986, Page 672,in the Office of the Register of Deeds of
Onslow County,North Carolina(the "Declaration"), the Declarant hereby assigns and allocates to Lot
25„ as shown and described on the plat of the Tides End Subdivision,recorded in Map Book 76,Pages
113 - 113A, in the Onslow County Registry, an additional 10 square feet of Built-Upon Area
("BUA"), as defined in the Declaration,thereby increasing the allowable built-upon area("BUA")for
said Lot from 3,600 square feet to 3,610 square feet.
In Witness Whereof,the Declarant has caused this instrument to be signed, in its name, by a
duly authorized officer, as the act and deed of the Declarant, the day and year first above written.
BEAVER CREEK INVESTORS, INC.,a North
Carolina corporation,
By: '� /�
Name: : • Bull
Title: President
Page 2of2
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated
therein and in the capacity(ies)indicated: Betty Bullock
Date: November 5 , 2019 ,,Q�� R�s 'r,
=
• Notary PubUe
anaiow County
v?
(0 4.I Signature o utary)
(Notary's printed or tp d name) rr411 cARO ‘
(Affix Notary 9 amp/Seal)
My Commission expires: To-ei 9, 2.01I
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