SW8890611_CURRENT PERMIT_19890619

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 ! qrq <<
DOC TYPE CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary Regional INbnager
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 19 , 1989
Mr. Preston A. Mann
Route 1 Box 442
Newport, North Carolina 28570
Subject: Certification of Compliance
with Stormwater Regulations
Project No. 890611
Adams Harbour
Carteret County
Dear Mr. Mann:
The Wilmington Regional office received the Stormwater
submittal for Adams Harbour on June 14 , 1989 . Based on our
review of the project plans and specifications, we have
determined that the project complies with the 25% low density
option of the Stormwater Regulations set forth in Title 15 NCAC
2H. 1003 (a) -2 . This certification shall be effective from the
date of issuance until rescinded and the project shall be
constructed in accordance with the plans and specifications
subsequently filed with the Wilmington Regional Office. t"
If you have any questions concerning this matter, please
call Mark Hawes or me at (919) 256-4161.
Sincerely,
OtiB'tial Signed By
I. PRESTON HOWARD, JR
A. Preston Howard, Jr. , P.E.
Regional Supervisor
APH:meh
cc: Charles Rawls
Mills sk
W1R0, CF
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 Telephone [phone]
An Equal opportunity Affirmative Action Employer

DIVISION OF ENVIRONMENTAL MANAGEM TJjl
Submittal Form for Projects Using Density Limit ,rXa�7 U
Control
D E M
PROJECT DATA PROJ # M)L l
Name of Project: A `DAMS H A LJ%4,fZ
Location .(Cou ty, Township/Municipality, Address ) :
a . , -Applicant Name:
Mailing Address:
? 5 u
Phone No. :
Submittal Date:
Brief Description ( include map and appropriate drawings) :
_ S 'f-t' C. C"J t,'y
x
Water Body Receiving Stormwater Runoff:
Name of Water Body: 7S�� ,_A G',-�C�- IL
Classification of Water Body: GA
Total Area of Proposed Project (acres) :
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
CAMA Major Sedimendation and Erosion Control
404 Permit DEM/DHS Sewage Disposal
Other (specify) :
CALCULATION OF BUILT-UPON AREA
4;
(Built-upon area means that portion of an individual development
that is covered by impervious or partially pervious cover t
including buildings, pavement, recreation facilities, etc. but
not including decking. )
a) Built-upon area: ( 3 .AC , — 3 , 13 AcK5 - ( 1�S-< Resrr� c7 oti5�
b) Total project area: 1-5 ,- � qL , ( 2S% -F3 "f�ES-rRlG?I�uS� _ i
% built-upon = built-upon / total project area * 100
% built-upon area = iZ %
If the water body receiving stormwater runoff is classified as !
SA, is the % built-upon area < 25%? Yes ✓ No
If the water body receiving stormwater runoff is classified other
than SA, is the % built-upon area < 30%? Yes No
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes ✓ No
(Grassed-line swales should have a side slope of 3 : 1 ( H:V) or r
less . )

If. no, please' provide .a detailed description.
BUFFER AREA
Is the built-upon area at least 30 feet from mean high water of
all surface waters? Yes ✓ No
If no, please provide a detailed description. r
(Note: Only boat ramps, public roads, public bridges and r
walkways to water related facilities are allowed within 30 feet
of mean high water if the project is intended to meet stormwater
control requirements through density limits. )
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that
subdivisions maintain the development consistent with the plans
and specifications approved by the division and include the State ;
as a beneficiary of the restrictions? Yes No
(Include a copy of the restrictions and covenants with this
form. )
CERTIFICATION i+
` l�
I, hr S �r� ,A Mc� ,n) certify that the information
included on this submittal form is correct, that the project will
be constructed in conformance with this information, and that to,
the best of my knowledge, the proposed project complies with the
requriement of 15,IWAC 2H. 1003 (b) .
Signature-Owner or Agent Date
Address ' ;I
If agent, please list owner' s name and address below: '3
i'
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN-OFF
Regional Office I
Date Individual Evaluat ng -Forms/Plant
0
Date Regional Water Qu `y upervisor f,
CC: Applicant/Region/Mills/CF {

LIB
NORTH CAROLINA JUN 1 4 1989
CARTERET COUNTY ^A
i #
DECLARATION OF COVE ��1' 10NS,
RESERVATIONS AND RESTRICTIONS OF
ADAMS HARBOUR
The Declarant as owner of ADAMS HARBOUR in order to assure
development in accordance with a uniform scheme , to insure the use
of all lots in said subdivision as attractive residential lots , to
prevent nuisances , and to prevent the impairment of the attrac-
tiveness of the property in order to insure to each lot owner full
enjoyment of his property both in use and in maintained and
increased value thereof , and to insure continued compliance with
stormwater runoff rules as adopted by the State of North Carolina,
hereby sets forth covenants , conditions , reservations and
restrictions which shall run with the land and shall bind and
inure to the benefit of the purchasers , their respective heirs ,
personal representatives , successors and assigns .
The property to which the hereinafter mentioned covenants ,
conditions , reservations and restrictions shall apply is known as
all of Lots One (1) through Nineteen (19) , ADAMS HARBOUR, as shown
on that plat of ADAMS HARBOUR prepared by Charles A. Rawls and
Associates , of record in Map Book , page , Carteret County
Registry .
The covenants , conditions , reservations and restrictions
are as follow :
ARTICLE I
DEFINITIONS :
The following words or phrases , as used in this instrument
and any amendment hereto, shall have the following meanings ,
unless the context shall prohibit such meaning:
1 . Setback lines : Those lines which show what areas can
and cannot have construction placed thereon .
2 . Single-family : A residential structure intended and
constructed for collective use by one or more persons but exclud-
ing structures containing two or more separate areas each of which
contains separate living, sleeping, bath and food preparation
areas for occupancy by unrelated persons or groups of persons .
3 . Association : ADAMS HARBOUR OWNERS ASSOCIATION, INC .
4 . Owner : The record owner , whether one or more persons
or entities , of fee simple title to any lot in the subdivision.

ARTICLE 11
BUILDING USE :
Lots in ADAMS HARBOUR may be used solely for residential
purposes . Only single-family residence shall be allowed . Only
One (1) single-family residence shall be erected on any one lot .
No commercial or business activity shall be permitted on any lot
except that owners may maintain private offices within their homes
provided such offices are not used for the purpose of serving the
public, clients , patients , or customers . No business or profes-
sional signs may be erected within the subdivision.
This restriction shall not apply to those activities of
the Declarant or its agents which are reasonably required in con-
nection with its marketing activities , as long as unsold lots
remain in the subdivision.
ARTICLE III
BUILDING RESTRICTIONS :
1 . Limitation of "built-upon" surface area : No more than
7, 177 square feet of any lot shall be covered by structures and/or
paved surfaces , including walkways or patios of brick , stone ,)
slate or similar materials . This covenant is intended to insur&,
continued compliance with stormwater runoff rules adopted by the;
State of North Carolina and therefore benefits may be enforced by"
the State of North Carolina . -
2 . Set-back requirements : No part of any structure of
any kind , excluding fences , driveways , and pumphouses as allowed
for Lots One (1) , Seven (7) , and Nineteen (19) under paragraph 6
(a) following shall be erected or permitted to remain on any lot
which is located nearer to the front boundary line (front lot
line) or nearer to the rear boundary line (back lot line) or near-
er to any side boundary line (side lot line) than as shown on the
recorded plat of ADAMS HARBOUR.
3 . Building size : All residences in ADAMS HARBOUR shall
contain a minimum of 1 , 400 square feet of enclosed , heated area
exclusive of decks , porches , garages and carports .
4 . Height limitations : No structure shall be erected or
permitted to remain on any lot , any part of which (excepting chim-
neys or flue stacks or vent pipes) shall exceed two living stories
or forty (40) feet in height measured from the lowest grade level
of the building foundation or piers upon which the structure is
erected .
5 . Construction :
(a) All residences shall be built-in-place and no mobile
homes (including double-wide mobile homes) , commercial vehicles ,
recreational vehicles , trailers , campers , component homes , pre-
fabricated homes , tents , shacks , barns or any other outbuilding,
or portion thereof , (with the exception of pumphouses) shall be
placed , erected, or permitted to remain on any lot . No exposed or
painted concrete or block wall shall be permitted . All such walls
shall be covered with stucco, veneer or siding.

(b) The exterior of any house or addition to a house must
be completed within twelve (12) months after construction is
started , except where such completion is impossible or would
result in great hardship to the owner due to fire , national
emergency , natural calamity , or other factors outside of the
control of the owner . Within one (1) month of completion of the
exterior of any house or addition or alteration to a house , debris
and waste material from construction must be removed from the
site.
Lot owners shall be insurers of their employees , contract-
ors , subcontractors of their contractors , and material suppliers ,
to the Declarant and to the Association for any damage to roads or
to any other common facilities in the subdivision caused by the
passage of vehicles .and equipment over the roads in the sub-
division, or by any other activity associated with construction on
lots within the subdivision. In the event of such damage , the
Association shall have the authority to repair such damage and
assess the costs of such repairs to the lot owner , which assess-
ment shall become a lien on the property as provided in Article
VII of this Declaration.
(c) Only one (1) pumphouse and one (1) storage shed may be .
erected on any lot . The design of such structures must be
approved by the Architectural Control Committee . Such structures
shall not exceed six (6) feet in height and shall contain no more
than forty (40) square feet of interior space . Such structures
shall not be located closer than ten (10) feet to a side lot line,
except that pumphouses may be placed closer than ten (10) feet to
a side lot line on Lots One (1) , Seven (7) and Nineteen (19) .
(d) No separate free-standing garages shall be
permitted on any lot .
(e) No exposed fuel oil or propane gas tanks shall be per-
mitted.
(f) At such time as private or public waste treatment
facilities may become available , no individual septic tank or
other waste treatment equipment shall be permitted .
(g) Outside illumination of any lot or dwelling shall be
done by means of small incandescent lights . No metallic vapor ,
H . I . D. , area lights , or other lights which cannot be restricted to
the owners ' residence or property shall be used .
(h) No metallic fence shall be permitted . No fence of
more than five (5) feet in height as measured from the ground to
the highest point shall be permitted on any lot .

(i) No television or other electronic antenna or satellite
dish shall be placed in that area of any lot lying between the
street and the nearest part of the dwelling located thereon .
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE :
1 . Composition: An Architectural Control Committee con-
sisting of three (3) persons shall be appointed by the Declarant .
Upon activation of the Association or upon the construction of
ten (10) residences in ADAMS HARBOUR, whichever shall occur last ,
terse persons shall be replaced by committee members designated by
the Association. Members of the Architectural Control Committee
need not be members of the Association.
2 . Responsibility of owners : In the event that any
building, fence, wall, walkway , or any other structure is to be
erected , modified or altered on any lot , complete plans and speci-
fications , including site .and landscaping plans , exterior eleva-
tions , perspective sketches , and any other drawings and details
necessary for evaluation, must be submitted to the Architectural
Control Committee before the commencement of work . In the event
of new construction or major alteration or replacement of an
existing residence , the submittal shall also include a plat pre-
pared by a registered professional engineer or land surveyor .
3 . Scope of architectural review: Within ten (10) days
of the submission of such plans , the Architectural Control
Committee shall approve , disapprove , or recommend modifications of
the same . In the event action is not taken within ten (10) days
of the date received by the committee, such plans are deemed
approved . Upon approval of the plans by the Arthitectural Control
Committee, one set of such plans shall be initialed by the
Chairman of the Committee and returned to the owner and a
duplicate set of plans shall be maintained on file by the
Architectural Control Committee for the purpose of assuring that
construction ensues pursuant to the plans . Factors to be
considered by the Architectural Control Committee shall include ,
but not by way of limitation, the following:
(a) Preservation of the natural environment .
(b) Harmony of design with the locale and with existing
structures , so as to avoid devaluation of surrounding properties .
(c) The desirability of minimizing intrusions on the view
and the privacy of surrounding properties .
z (d) Design and location of driveway entrances and utili-
ties service equipment .
(e) Complete compliance with all building restrictions
set out in this Declaration.

4 . Enforcement of architectural requirements : The
Architectural Control Committee is empowered , on behalf of the
Association and affected individual owners , to bring any action to
enforce the requirements of this Article , including , but not by
way of limitation , actions for injunctive relief . In the event
that the Architectural Control Committee should prevail in such an
action brought to enjoin a violation of this Article or the next
preceding Article, the Arthitectural Control Committee shall be
entitled on behalf of the Association to recover reasonable
attorney' s fees for such action. All owners of lots within ADAMS
HARBOR, by acceptance of a deed thereto, agree that the vote of
the Architectural Control Committee shall be final and binding .
ARTICLE V
GENERAL RESTRICTIONS :
1 . No swine , cows , horses , goats , fowl or other
livestock , or wild animals shall be kept or maintained on any lot .
Dogs , cats or other domestic animals generally considered as pets
shall be allowed so long as said animals are of a quied and
unoffensive nature. No dog kennels or other such projects
involving the rearing, handling or care of any animals or birds in
large numbers or commercially may be conducted or maintained
within the subdivision.
2. Watercraft of a size which may be lawfully transported
by automobile trailer and recreational vehicles may be kept on the
property , provided that :
(a) There shall be no more than two (2) such per lot .
(b) Boats , boat trailers , travel trailers , motor homes ,
campers , and other recreational vehicles shall be stored within a
garage or shall be so kept as to be inconspicuous from the access
road .
(c) In no case shall travel trailers , motor homes , or
similar vehicles be occupied as living quarters while on the
property.
3 . No advertising signs of any kind except "For Sale" or
"For Rent" signs shall be permitted on any lot ..
4 . No lot in ADAMS HARBOUR may be subdivided so as to
reduce its size. An owner may combine two (2) or more lots for
the construction of a single residence ; in which event the
Architectural Control Committee shall prescribe the building area
in the lot created by such combination.
5 . Unimproved lots shall be kept free of trash , unsightly
debris , and stored materials and vehicles .

6 . 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 .
7 . All clothes lines or appliances of any type designed
for the purpose of drying laundry , shall be erected and maintained
at the rear of the dwelling on each lot , suitably screened from
view.
8 . No roadways , trails , or lanes providing access to or
from any portion of the subdivision to any adjacent properties
outside said subdivision shall be constructed , other than those
provided by the Declarant .
ARTICLE V1
EASEMENTS :
Each lot in ADAMS HARBOR is burdened by or benefited by
certain easements in perpetuity , running with the land , as
follows :
1 . The Declarant reserves . an easement , or right-of-way
which it may assign, over the front (street side) of each lot
fifteen (15) feet in width and over each side ten (10) feet in
width for the purpose of granting right-of-ways for water and
sewer lines , telephone lines , electric light poles , wires , cables ,
and any other equipment necessary for the installation , use and
maintenance of utilities , including water , electricity , telephone
or drainage above or below the ground .
2 . General utilities easements : In addition to the fore-
going, each lot in ADAMS HARBOUR is subject to a general easement
granted , or to be granted , by the Declarant to the furnishers of
utilities to individual lots within the subdivision , for the
purpose of providing utilities services to the individual lots .
3 . Rights of owners to private park : Each lot in ADAMS
HARBOUR has associated with the ownership o.f said lot and running
with the land , a right to the private park . Said private park is
for the sole and exclusive use of owners of lots within ADAMS
HARBOR and said right may not be assigned , sublet , or otherwise
used by persons other than owners excepting only invited guests .
The Association may , at its discretion , prescribe and enforce
reasonable rules and regulation with respect to the use of said
park .

ARTICLE V11
ADAMS HARBOUR OWNERS ASSOCIATION, INC . :
All purchasers of lots in ADAMS HARBOUR shall , and by
their acceptance of deeds conveying such lots do, for themselves ,
their heirs , successors and assigns , agree to become members of
the ADAMS HARBOUR OWNERS ASSOCIATION, INC . , a North Carolina non-
profit corporation organized for the purposes set out in the
Articles of Incorporation and Bylaws thereof , these being attached
hereto as Exhibit A, and incorporated herein by reference .
1 . Responsibility of the Association : The Association
shall assume responsibility for such functions as shall fall with-
in the purposes for which it is chartered , including, but not by
way of limitation , the following :
(a) Maintenance of Pelican Drive and Mallard Court and
all drainage easement areas and sediment basins as shown on the
plat of ADAMS HARBOUR until such maintenance is assumed by the
State of North Carolina or other local governmental agencies.
(b) Maintenance of any security gate or like system
established by Declarant or the Association.
(c) Maintenance of the private park and any access ways
as shown on the plat of ADAMS HARBOUR.
(d) Enforcement of the provisions of this Declaration .
The Association may receive title to and may dedicate or
transfer title to any property to which it holds title, to any
public agency of authority .
2 . Assessments :
(a) Each owner of a lot or lots in ADAMS HARBOUR by
acceptance of the deed thereto , whether or not it shall be ex-
pressed in such deed , is deemed to , and does thereby, covenant and
agree, on behalf of himself , his heirs , successors and assigns , to
pay assessments to the Association for the expenses incurred in
providing the services and in maintaining the properties which are
the responsibility of the Association. The initial assessment
shall be $25. 00 per year for each lot , whether or not improved ,
and the assessment year shall coincide with the fiscal year of the
Association. No assessment shall be assessed until 1992 .
. , (b) The Declarant shall also pay assessments at the rate
set out herein for all unsold lots in ADAMS HARBOUR.

(c) Each owner of a lot or lots in ADAMS HARBOUR, by his
acceptance of a deed thereto , further covenants that he shall pay
such amounts to be included in the Association assessment .
3 . Voting rights : The Declarant shall elect the
Directors of the Association until such time as twelve (12)' lots
in ADAMS HARBOUR shall have been conveyed . Thereafter , all owners
of lots in ADAMS HARBOUR shall be entitled to one (1) vote for
each lot , as further provided in the Articles of Incorporation and
the Bylaws of the ADAMS HARBOUR OWNERS ASSOCIATION , INC .
4 . Lien of assessment : The assessments called for here-
inabove, together with interest and costs of collection , including
court costs and reasonable attorneys fees , shall be a charge on
the land and shall be a continuing lien upon the property against
which each such assessment is made . Each such assessment , to-
gether with interest , costs and reasonable attorney ' s fees , shall
also be the personal obligation of the person who was the owner of
such property at the time when the assessment became due . Per-
sonal obligation for delinquent assessments shall not pass to his
successors in title unless expressly assumed by them.
Any assessment not paid within thirty (30) days after the
due date shall bear interest from the due date at the rate of nine
percent (9%) per annum. The Association may bring an action at
law against the owner or owners personally obligated to pay the
.same or may foreclose the lien against the property , and the
Association is hereby granted power of sale to conduct said fore-
closure ; any interest , costs and reasonable attorney' s fees of the
action of foreclosure shall be added to the amount of such assess-
ment . Such foreclosure shall be conducted under the procedure
prescribed by statute in North Carolina for sales under a power of
sale. In addition to the remedies set out hereinabove , the Asso-
ciation acting by and through its Board of Directors may deny the
right to use of any of the private park to any lot owner whose
assessment is not paid within thirty (30) days after the date upon
which it is due .
5 . Subordination of lien to mortgage : The liens
provided for herein shall be subordinate to the lien of any
mortgage , mortgages , deed of trust or deeds of trust . Sale or
transfer of any lot shall not affect the assessment lien provided
for in the preceding section. However , the sale or transfer of
any lot which is subject to any mortgage or deed of trust ,
pursuant to a foreclosure thereof which became due prior to such
sale or transfer , but shall not extinguish the personal liability
of the owner at the time the assessment fell due . No such sale or
transfer shall relieve such lot from liability for any assessment
thereafter becoming due or From the lien thereof , but the liens
provided for shall continue to be subordinate to the lien of any
mortgage, mortgages , deed of trust or deeds of trust .

ARTICLE VIII
DURATION AND AMENDMENT :
'All restriction and covenants set forth in this Declara
tion shall run with the land and shall be binding on all parties
and persons claiming under them `for a period of twenty-five (25)-
years from the date of recording of this Declaration , after which
these restrictions and covenants shall be automatically extended
for additonal periods .of ten (10) years each .
This instrument may be amended at any time by an affirma-
tive vote of seventy-five percent (75%) of the then owners of lots
in ADAMS HARBOUR.
ARTICLE 1X
ENFORCEMENT :
In the event of a violation or breach of any of the cove-
nants and restrictions herein by any owner or agent thereof , the
owners of other lots , jointly or severally , or the Board of Direc-
tors of the Association acting on behalf of such owner or owners ,
shall have the right to bring an action to compel compliance or to
enjoin such violation or breach . The State of North Carolina
shall have the right to enforce continued compliance with the
covenant appearing herein as ARTICLE III Building Restrictions No.
1 Limitation of "built-upon" surface area . In the event the
enforcement action should result in a judgment in favor of the
owner(s) bringing the same , or in favor of the Association ,
reasonable attorneys ' fees shall be recovered in such action . The
failure to enforce any right , reservation , restriction or
condition contained in the Deed , or in these Restrictive
Covenants , however long continued , shall not be deemed a waiver of
the right to do so hereafter as to the same breach or as to a
breach occurring prior or subsequent thereto and shall not bar or
affet its enforcement .
ARTICLE X
SEVERABILITY :
The invalidation by any court of any restrictions or obli-
gations contained in this Declaration shall in no way affect any
other provisions hereof , which shall remain in full force and
effect .
IN TESTIMONY WHEREOF , the said parties , as Declarant ,
h e hereunto set their hands and seals , this the /34-t- day of
1989 .
U. P (SEAL) a , � � (SEAL)
oria ann Creston A. Mann

NORTH CAROLINA
CARTERET COUN
I , /�1Uvu`. � �ti�. Notary Public ,
do hereby certi y that Preston A. Mann and wig Gloria A. Mann ,
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument .
�Witness my hand and notarial seal this the _ day of
, 1989 .
Notary Public
My Commission Expires : n�'/k 1 9q(
T—

�W'/ JUN 1 4 1989 A
INFORMATION PERTAINING TO DEED' RESTRICTIONS . D EIYI
AND PROTECTIVE COVENANTS PRoJ
In accordance with Title 15 NCAC 2H. 1003 (a) of the Coastal
Stormwater Regulations, deed restrictions and "protective
covenants are required for residential development subject to the
requirements of 15 NCAC 2H. 1003 (a) ( 2 ) or ( 3 ) . Deed restrictions
and protective covenants are necessary to ensure that the
development maintains a "built-upon" surface area consistent with
the applicable regulation limiting density.
The restrictive covenant may be as simple as:
No more than, square feet of any lot
shall be covered by structures and/or paved
/L surfaces , including walkways or patios of brick;'
stone, slate or similar materials. This covenant
�o°� is intended to insure continued compliance with
stormwater runoff . rules adopted by the State of
North and therefore benefits may be enforced by the
State of North Carolina..
At some . point the deed, or master plan should also state:
This ( these) covenant(s) is ( are) to run with the
land and shall be binding on -'all parties and all
-F d persons claiming under them.
9.) The State should be specifically designated as a beneficiary of
the covenant because only a beneficiary of a restrictive covenant
may enforce it.
The maximum per lot built-upon surface area may be determined
by:
�I 1. Calculating the total square footage of all the residential
o� lots within the development.
2. Divide the total square footage by the total number of
residential lots.
3 . Multiply the results from #2 either by 25% (adjacent to "SA"
waters)- .or 30% (adjacent to, waters other 'than "SA" ) , which ever
will apply.