HomeMy WebLinkAboutSW8900230_HISTORICAL FILE_20231010 STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 qbo 23b
DOG TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE OLI
YYYYMMDD
Hall, Christine
From: Snider, Holley
Sent: Wednesday, September 9, 2020 1:02 PM
To: leg121684@hotmail.com
Cc: Greer, Emily C CIV USARMY CESAW (USA); akimes@surfcitync.gov, Hall, Christine; King,
Morella s
Subject: Sandy Ridge subdivision SW8900230
Attachments: FAQ-Private Property Flood ing_2019072S.pdf
Good afternoon John,
Per our discussion,the wetlands present on your property fall within the jurisdiction of the USAGE and the DWR. Any
request to construct within the wetlands,will trigger the need for authorization by these two agencies. Construction
notification to the USACE and the DWR do not alleviate the need to obtain any other required local, state or federal
regulations. If it is your desire to construct a retaining wall along the wetlands boundary on your property,the wetland
boundary will need to be identified by a qualified individual and verified by the appropriate agency prior to initiating
construction. It is recommended that you discuss your plans with the Town of Surf City Floodplain Administrator to
ensure the retaining wall can be authorized within the flood zone.
The approved low-density stormwater management plan (SW8 900203 Sandy Ridge Subdivision) controls stormwater
within the subdivision by limiting built upon area (impervious surfaces such as roofs, driveways, sidewalks, sheds, etc.)
for the individual lots and thru vegetative conveyances, such as swales. The swales are designed to allow stormwater to
infiltrate prior to entering the wetlands. Variations in the seasonal high water table and rain events that exceed the
design for the system will naturally take longer to infiltrate which may help to explain the standing water you
described. The stormwater management plan required that deed restrictions and restrictive covenants be recorded for
the subdivision. Although you stated that the HOA was not active and not enforcing the covenants, it may be wise to
review those documents for specific rights and responsibilities and regarding any restrictions, easements or setbacks
prior to construction.
I have attached some information regarding stormwater and flooding for your review. Please feel free to call or email
me if you have any questions or I may be of assistance to you in any way.
Sincerely,
Holley Snider . " ><((((°>..........><((((o>
Environmental Specialist 11
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: (910) 796-7304
M
�.�,..-
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
1
From: Greer, Emily C CIV USARMY CESAW (USA) [mailto:Emily.C.Greer@usace.army.mil]
Sent:Tuesday, September 8, 2020 2:32 PM
To: Snider, Holley<holley.snider@ncdenr.gov>
Subject: [External] FW: From John Moore
Hey-you think you can take this one? I told him last week I would find someone to go out.
From:John Moore<1ee121684@hotmail.com>
Sent: Tuesday,August 18, 2020 10:33 AM
To: Greer, Emily C CIV USARMY CESAW (USA)<Emily.C.Greer(@usace.armv.mil>
Subject: [Non-DoD Source] From John Moore
Emily,
I hope you are doing well and staying healthy. We spoke a while back on the phone at about having someone
come out and look at the drainage issue at my property located at 54 North Ridge in Surf City, NC. You said
that you would put me on the schedule but I have not heard anything back. Can you let me know when I can
expect to have someone out to take a look at it?Thanks,
John Moore
919-753-3244
2
CHARLES F. RICCS & ASSOCIATES, INC.
202 WARLICK STREET
P.O. BOX 1570
JACKSONVILLE, NORTH CAROLINA 28,151
TELEPHONE : (910) 455-0877
FACSIMILE : (910) 455-9033
E-mail riggsland@bizec.rr.com
RECEIVED
Dale: OVi-7103 SEP 17 2003
To: /YS. 11WPA LEM/S BY'
From: Charles F. Riggs, P.L.S. ✓
Marie M. Riggs O
James L. Riggs
Edward J. Riegel
Jackson Helms f l)�2k
vOVC fh
For Your Review:
For Your Continents:
For Your Use: ✓
Submitted for Approval:
Number of Pages Including Cover Sheet
NOTES:
SA,re,� .2 o4e 4�j. Co i As Akip largo
S1f ,olE XXX111 ,Q Gs T S/ 04"►+/4Jgc,.
09/17/2003 10: 38 9102591299 PENDER CTY RODOF DEE PAGE 01
, r.;e,7:,'•
STATE OF NORTH CARDLINA TILED . . „
COUNTY OF FENDER '92 flnFpcR��10 PIS 3 03
DECLARATION OF RESTRICTIVE cOVIiNAriT'SfII CECOOD
n�7y-lktt'O t: DEEDS
OF SANDY RIbCE SLBDIV] 71mfp ocula Y,
THIS DECLARATION, made this the Vtxday of. April, 1992, by
GERALD H, QUINN, I.J. QUINN and MILFORD R. QUINN, the owners of
all of the lots in SANDY RIDGE SUBDIVISION, hereinafter called
the "Declnrants".
WITNESSETH
THAT WHEREAS, the DTclaranta are the nwnnrg OF the real
property described Vn. Article I OF this Declaration and are
7 desirous of subjecting said real property to the protective
# k �
a
covenants and raatrictione hereby declared each and all of which
g• g is and are for the benefit of such property and for each owner
g 4 9 thereof, and shall inure to the benefit of and paea.and run with
� the said property, and each and every lot or parcel thereof, and
shall apply to and bind the succesacra in interegt and any owner
thereof..
ARTICLE I
® The real property which is, and shall be held, pledged,
transferred, sold and conveyed subject to the protective
Covenants set forth in the Articleg of t),io Declaration is
located in the City of. Surf City, Fender county, State of. North
Carolina, and is more particularly described as follows:
loping all that tract of lRhd known an sandy Ridge
Subdivision, as shown on that certain map entitled "Sandy Ridge",
as prepared by Charles F_ Rigga and Associates, Inc„ end
recorded in Hap Hook Z"7 , page lov of the Fender County
Registry on April 10 lg ';
ARTICL8, 11
� Rnaard°e and V°rfrl°d
7°7°e 11. g•laeaeed
RrgA°Ser °t Deeds
_......._._�� Feeder covey.Nc
® CEIUED
8 SEP 1 y ?003
Y\
09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 02
nox 8 27 PAoc 0 J
. . The real property in Article Thereof is subject to the
protective covenants and restrictions hereby declared to insure
the best use and the most appropriate development and improvement .
of each lot thereof; to protect the owners of lots against such
improper use of surrounding iota as would depreciate the value of
their property; to preserve, as far as practical, the natural,
® beauty of said property; to guard against the erection thereon of
poorly designed or proportioned Structures, and structures built
of improper or unsuitable materials; to obtain harmonious color i Schemes between homes; to insure the highest and best development
of said property; to encourage and secure the erection of
> > attractive homes thereon, with appropriate locations thereof upon.
' lots; to prevent haphazard and inharmonious improvements of lots;
a to Secure and maintain proper setbacks from streets and adequate
free Spaces between structures and, in general, to provide
i adequately for 'a high type and quality at improvement in said
property, 'and thereby to enhsnce the value of investments made by
purchasers of lots therein.
ARTIC6$ ISI
® All lots Shall be used for residential purposes only and no
building shall be erected, placed, or permitted to remain on any
lot other than one detached single family dwelling not to exceed
i
three storito in height above ground level and a private garage
for not more than two cars,
r
09/17/2003 10: 38 9102591299 PEHLER CN RUPOF DEE PAGE 03
OUOK 827p&cE y �O
ARTICLE IV
A single story dwelling ah,ll not be lee, than 1000 square
feet of ground floor space and the ground floor area of a two or
morn story dwelling shall not be lees than 800 equars feat. That
a 10% variance from the above stated areas shall be allowed.
ARTICLE V
We building shall be erected, placed, or altered on any
promises in said subdivision until the building plans,
specifications, and plots showing the location of much bul,ldine
have been approved in writing as to conformity and harmony of
external design with existing structures in the development, And
7 as to the location of the building with respect to topography and
i
3q3 finished ground elevation by an architectural committee composed
u of three persona designated and appointed by Declarants or their .
e$ f assigns. in the event said committee fa.tla to approve or
i disapprove such design or location within thirty (30) days after
€ e
said plane and specifications have been submitted to it or, .in
any event) if no suit to enjoin the erection of such building or
the making of such alterations has been commenced prior to the
® completion thereof, such approval-shall be deemed given and this
covenant will be deemed to have been complied with, Members of
such committee, shall not be entitled to any compensation for
services performed pursuant to this covenant. Any modifications
or additions to any structure on the lot herein conveyed,
including mail boxes, garages, fences, decks, patios, screened
areas or other structures shall conform to the general
architectural character, material and color of the main
residence. It is the intention of the Declarants that the
,
I
09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 04
I
i
dock 827.r�c� 1�1
subdivision shall be developed with the construction of homes
suitable to and in conformity with the environment and that most
of each lot shall be left in a natural state; further, that each -
home shall be constructed of ceder or cypress lap aiding, that
all bright and mixed pastels of paints and finishes on thn
exterior will be prohibited and the use of subdued colors shall
be encouraged. Further, that each Grantee of a lot shall, within
six months from completion of his house, landscape his lot by
planting appropriate shrubs and/or traes in order for each lot to
conform to the quality standards imposed upon this subdivision by
this Declaration. The committee shall have responsibility and
t
•y authority to approve or to require further landscaping. It is
F Z
the hope of the heelaranta that this subdivision will be a
relaxing and retiring environment with each homeowner having much
privacy and able to enjoy the sound of the pounding surf and She
Mummer breezes, the rustle of the trees, the song of many birds
and the relaxing view and acceas 'to Topsail bound and access to
the white sands of Topsail Island Beach and the Atlantic Ocean.
ARTICLE VI
® No lot ahall be subdivided by sale or otherwise except to
increase the Sirs Of an adjacent lot in which even the remainder
shall be sold or otherwise utilized as a part of the lot adjacent
to it. The Iota herein conveyed shall not be subdivided or their
boundary lines. changed except with the. joinder therein by the
Declarants or the homeowner',-, association; however, the
Declarants expressly reserve unto themselves and their sueeeasors
or assigns the right to raplat any lots as shown on the plat of
Sandy Ridge in order to create a modified building lot or lots if
09/17/2003 10:38 9102591299 PENDER CTY RnDOF DEE PAGE 05
nook 927PAoE 112
desirable to make for m more Suitable building site and to that
end, beclarants may relocate easements, walkways, common areas
end rights of way to conform to the new boundary.
ARTICLN V1S
No building erected or. any lot other than a corner lot shall
face other than the atreat upon which the said .lot faces. No
® building shall be located near the front, rear, aide vard or aide,
street lot lines than the minimum Bet back lines set out in the
ordinances of the Town of Surf City, N.C. Per the purpose of
this covenant, Paves, steps and open porchea shall not be
_ construed to permit any portion of a building on a lot to
a encroach upon another lot or violate the ordinances of, the Town
p9p of Surf City, N.C.
+� ARTICLP VlII
No fence or wall may be erected, placed or altered upon any `
lot nearer to the street line then the minimum set bock line. No
` fence shall be erected, placed or altered on any promisee in any
Subdivision until the building plane, apecifications and plots
showing the location of such fence have been approved in writing
® by the Architectural Committee as to the conformity and harmony
of design with existing structures in the development and as to
the location of the fence with respect topography. However, the
Architectural Committee hoe the right to refuse to allow any
Grantee to build.or place any fence on the Grantee's property if
the Committee, in its discretion, believes that the fence will
not improve the looks of the lot in conformity with thin
Declaration. Fences to be constructed of any wire material,
including chain link fencing, shall be permitted in the rear yard
09 17/2003 10: 38 9102591299 PENDER C1Y RODOF LEE PAGE 06
600K $27 PAGE 13 .
only of each lot. No £enoa shall exceed six (6) feet in height,
ARTICLE IX
Off street perking Shall be provided by the owner of each
lot for the parking of automobiles awned by Such owner, Any
dwelling constructed on any lot shall provide at least one
vehicle storage space in the form of A garage or carport and if
said vehicle storage space is not enclosed then it shall be
surrounded by lattice work.
ARTICLE X
No residence of a temporary nature shall be erected or
allowed, to remain on any lot and no trailer, tent, garage, barn,
7 •
xxx� or other building of a similar nature shall be used as a
residence or any lot, either temporarily or permanently. No
rE construction, storage building or shod and no trailer, truck or
!ypgjI other vehicle used for the storage of, materials or equipment for
S ? con atruction of improvements on any lot shall be kept on. any lot
E, overnight at any time, including during construction of said
improvements unless located in the rear of the residence located
on said lot.
® ARTICLE XI
No lot shall be used as a dumping ground for any kind of
refuse. Trash, garbage and other wastes Shall not be kept in
other than sanitary containers and shall be stored in enclosed
areas in the rear of the house except for the purpose of
collection in accordance with pertinent regulations of the city
of Surf City, North Carolina,
ARTICLE XII
NO tree, msusuring more than six (6) inches in diameter at a
09/17/2003 10: 36 9102591299 PEHDER &Y RODOF DEE PAGE 07
COOK 827rm 114
point five (5) feet above ,ground level shall be cut, trimmed,
destroyed, or removed from any lot unless dead or diseased or
unless it impedes the construction of the dwelling, driveways,
utilities or impedes the drainage within drainage easements.
Trees may be cut, trimmed, destroyed and removed from any lot on
approval in writing from the Declarents or their assigns or the
Architectural Committee. Violation of this restrictive covenant
Will automatically result in the liability on the part of those
persons reaponaible for the said cutting, trimming, destroying or
removing of trees of liquidated damages to the said 0eclerants in
the amount of. One Thousand Dollars (51,000.00) in the case of an
Oak, Pine or Cedar Tree larger than six (6) inches in diameter at
a point five (5) Cast above ground lnvcl. However, from and
a after the time of eatablishment of a homeowner's association for
this subdivision, than any damages shall be paid to the said
E '
homeowner's association.
ARTICLE XIII
Fifty percent (50%) of each lot shall be maintained in its
natural condition except as absolutely essential for the
construction and maintenance of necessary appurtenant buildings
to the dwelling home.
ARTICLE XIV
i Installation and maintenance of utilities and drainage
facilities are reserved as shown on the. recorded plat and over
the rear 10 feet of each lot or as required by the town of surf
City. within those 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,
09/17/2003 10: 38 9102591299 PENDER CTY RODOF DEE PAGE ' 08
souk 827ncoE 115
or which may obstruct or retard the flow of water through a
drainage channel in the easements. The ennament 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. The
Declaranta ,reserve the right unto themselves, their successors
and assigha, a p.jrpetual, .olienable and relaaseable eaeement.wi.th
the right on, over, and under the ground with men and equipment
to erect, maintain, inspect, repair and use electric and
telephone poles, wires, cablea, conduits', sewer and water pipes
and mains and suitable equipment for the conveyance and use of
3 a electricity, telephone equipment, gas, sewer, water or other
+ public conveniences or utilities, an, in or over the rear. la Feet
a+i of each lot and 7-1/2 feet along each side of each lot and 30
9 Peet along the front of each lot and anywhere within the common
areas and private streets, as well as the utility easement shown
C �
on-the recorded plat of. Sandy Ridge; previded, however, that the
Declaranta may cut drainways for surface water runate whenever
such action may appear to the Declaranta to be necessary to
® maintain reasonable standards of health, safety and appearance.
Thtae easements and rights expressly include the right to cut any
tress, bushes or shrubbery, make any grading of the soil or to
take any other similar action reasonably necessary to provide
economical and safe utility installations and to maintain
reasonable standards of health, safety and appearances. Such
rights may be exercised by any licensee of the Declaranta, but
this reservation shall not be considered an obligation of the
Declaranta to provide or maintain any such utility or service.
09/17/2003 10:38 9102591299 PENDER CTY RODDF DEE PAGE 09
OUGK 82°J PAGE 11�
ARTICLE XV
That until such time as a public sanitary system or
community sanitary sever eystem operated under legally
constituted authority,is available, sewage disposal aha11 be by
septic tank which msets the North Carolina State Board or RAnith
approval, and as soon as such public or community sanitary sewer
® system is available, no more septic tanks shall be installed an
any lots. No septic tanks, the condition of which becomes
unsanitary or detrimental to the health of any resident within
the subdivision, after a public or community or sanitary sewer
system becomes available, shall be,repaired for the purpose of
r
a R continued use thereef, but said unsanitary and unhealthful
conditions shall be abated end alleviated by inmediate connection
a ye3� with said public or community sewer system.
Y ARTICLE XVI
All roofing shall be of asphalt or fiberglass typo and shall
EEE` be of the. 300 pound or more °architectural line" shinglea. All.
roofs shall have a 5/12 pitch or greater. Any other type of
shinglQn and/or roof pitch must be approved, in writing, in
advance of, the construction by the Architectural Committee.
ARTICLE XVII
Grantee may identify his residence with street number and
name or a cottage name or a combination of t:hereoF, but no other
signs shall be displayed or exhibited an any lot except temporary
"For Rent" or "For Sale" signs not exceeding 10 aguare feet in
area.
ARTICLE XVIII
No noxious, offensive or illegal activity shall be carried
1
I
I
,
09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE 10
GOGY, 82YPAGE 117
upon any lot, nor shall anything be done thereon which may be or
become an annoyance or a nuisance to the neighborhood.
ARTICLE XXX
No horses, ponies, animals or liVeatock-of any kind shall be
raised, bred or kept on any lot or common area except that dogs,
cats or household pets may be kept, provided. that they are not
kept., bred or maintained for any commercial purpose, and provided
such household animals do not become an annoyance or nuisance to
the neighborhood.
ARTICLE XX
Declarants, their successors and assignee reserve the right
S
to enter upon and out grass, weeds, or undergrowth on any lot or
$ easement, but shall be under no obligation to do no. Costa to
• 3p 0ealarants, their successors and assigns, for cutting grass,
weeds or undergrowth of any lot shall be a charge to the owner of
said lot and shall become a lien against said lob when said work
C
is performed by Declarants, their successors and assigns.
ARTICLE XXI
The Grantee of each Iot agrees that for each lot he
purchases, he shall be obligated to pay his pro rate share
(determinad by the number of lots in the subdivision) of any
easements or charges necessary for the maintenance of the private
streets and common areas, including any costs of improvements and
repairs thereto and agrees that such assessments or charge or
installment thereof shall, when due, become a lien against a lot
against which such assessment or charge is made. it is agreed
that assessments or charges may be incurred only after the
affirmative agreement by the owners of 2/3 of, the late of Sandy
09/17/2003 10:38 9102591299 PENDEP CTV RDDOF DEE PAGE 11
BOOK S 27 PdQG 11$
Ridge Subdivision. It is further agreed that pas essmente or
chargas may be only for the purposes of maintenance, repairs,
OparatiohR and improvementR to and protection of the common areas
and 'privato streets.
ARTICLE xxll
® It is further agreed that 1f the owners of I/3 of all of the
lots in Sandy Ridge. Subdivision so elect and sign instruments
forming n homeowner's association, that from and after the
recording of such instruments, duly signed by the owns" of 2/3
Of the Sot *
Wh
ere, the said homeowner's a9.90ciation shall have ph
exClueiVO jurisdiction of the Common areas and private streets of
Sandy Ridge Subdivision.
i4 ARTICLE XXIII
" u Ths Grantees agrees to maintain the i
@ mpzovements in keeping
DE F with the manner and style at the time of original acquisition and
f
E agrees that the natural foliage, trees, shrubbery and bushes and
dunes will be maintained and praservad in so far as possible in
keeping with the getting within Sandy Ridge subdivision.
hATICLS XXIV
® The Declarants specifically reserve the right to amend or
change any part or all Of the restrictions, covenants and
Conditions herein set out at the time of; filing, in the Office of
the Register of Deeds of pander County, a deed to other lots in
Sandy Ridge subdivision, which changed reatriction shall apply to
the conveyance of the lot or lots at that time.
ARTICLE XXv
No dock or boathouse or walkway or pier shall be constructed
extending onto er, ever the waters of the canal adlui.ning the said
09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 12
COOK. 827pac, )
property, boats shall be anchored offshore in the canal and when
not in use, shall be moored as closely adjacent to the bank. as
I
safety allows, in order that navigation of the waterway will not
be impeded. Those using the canal shall not cause a wake.
ARTICLE XXVI
The property conveyed to each Grantee shall be subject to a
I ® monthly charge in an amount as will be fixed by Declarants, their
I
successors and assigns, not exceeding in any month the sum of
i
! Twenty rive pollard fS25.d01 per lot. Declarants' assigns may
i
include a property owners association, which may hereafter be
I t
organized, the sums provided for in this paragraph shall be
5 5 payable to such aacociation, such charge shall be payable to
Decle.rants or their successors or assigns on the first day of
each month in each and every year, and shall be devoted to the
maintenance of the paths, parks, beaches, sewers, ramp and common
7 9 area and such other purposes as shall from time to time be
C �
I determined by Declarants, their successors or assigns. However,
thin` charge may be increased if the roads and streets arc not
dedicated to the public use and maintained by the Town of surf.
City. Grantee, by the acceptance of' this deed, hereby expressly
vests Declarants, their successors and assigns, the right and
power to bring all actions against the owner of the premises
hereby conveyed or any part thereof for the collection of such
charge and to enforce the aforesaid lien therefore.
ARTICLE XXVII
Each residence must be entirely completed within twelve (12)
months from the date on which construction thereof is begun.
ARTICLE XXVIII
I
i
i
09/17/2003 10: 38 9102591299 PENDER CTY P.ODOF DEE PAGE '13
666K 827 RAGE 120,
Neither Grantee nor any person or persona, cleiming under him
shall or will at any time raise the grade of any lot or lots
hereby conveyed above the grade established or to be established
by Declarants as that existing at the time of the sale of the
lot.
ARTICLE XXIX
® The Declarants hereby give, grant, sell and convoy unto the
Grantee of each lot, an undivided interest, proportionate to the
number of lots owned by each Grantee, i.n common, in fee simple
forever in all areas shown on the plat of Sandy Ridge Subdivision
hereinabove referred to and designated as "common area" and
i • "private street", and the Grantee of each lot does hereby grant
to the Declarants or subsequent owners if other late in sandy
Ridge subdivision a perpetual non-axclusive easement to pass
y+ over, use and enjoy such common areas and private streets and
i agrees that such areas and streets are not divisible by any
proceeding at law or equity or by agreement.
ARTICLE XXX
These covenants shall run with the land and be binding on
all parties and persons claiming under them for, a period of
® twenty-five 125) year- from the gate that these covenants are
recorded, and after that time, these covenants shall be extended
automatically for successive pariods of ten 110) years each,
unless an instrument signed by a majority by then owners of the
late has been recorded, agreeing to change said covenants, in
whole or in part, -
ARTXCI,C XXXI
In the event of, a violation or breach of any of these
09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE ' 14
UGUK 827PAUE 121
restrictions by the Grantee, or Agent or successor such Grantee,
the Declarante or their successors or sasigns, or owner of
another lot in Sandy Ridge Subdivision or the homeowner's
ASSocintion shall have the tight: to g proceed at law or in :gaily
to compel the compliance with the terms hereof or to prevent
their violation or breach or to recover damages. The failure to
e n£orce Any right, reuervation, or condition in these
restrictions however long continued, shall not be deemed a waiver
of the right to do so hereafter as to the same breach, or ar to a
breach occurring prior or subsequent thereto and shall not bar or
effect its enforcement.
3
7 - ARTICLB XXXTI
a
Invalidation of any one or more of these covenants or any
9
part thereof by lodgment or court acdez shall in no way effect
@�E any of the other provieiona which shall remain in full force and
9
� effect and the failure of any person or persons to take Action to
enforce the violation of any of the covenants and restrictions
shall not be construed as a waiver of any enforcement rights and
:hall not prevent the enforcement of such covenant or covennnts
in the future.
ARTICLE XX%III
No lot shall be covered by structures and/or paved surfaces,
including walkways or patios of brick, stone, slate or similar
materials in excess of the total square footage, designated as
Maximum Built-Upon Area, set forth in Attachment A attached
hereto and incorporated herein by roference. This covenant is
intended to insure continued compliance with storm water runoff
rules adopted by the Division of. Rnvironmental Management, the
09/17/2003 10:38 9102591299 PENDER CTY f-:ODOF DEE PAGE 15
000K 827PAGE 122
Department of Natural Resources and Community Development of the
State of. North Carolina and the benefits afforded hereunder may
be enforced by the state of. North Carolina cr any appropriate
department or agency thereof.
IN WITNESS WHEREOF, the said parties have hereunto set their
® hands And ceala, the day And year first above written.
ECLARANTS
eYa Quinn - � —(BEAL)
(SEAL)
Qu nn
vacs (SEAL)
ML4 E d R Quinn -
�sy NORTH CAROLINA
3 Y DOPLIN Y
,ry I, a Notary Public of
a Duplin unty, North Carolina, do hereby certify that Gerald H.
r Quinn, I. .7. Quinn and Milford R. 'Quinn, personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed.
Witness my hand and notarial 'aeai, this easy 01 April,
V.... 4r
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5' �my ()binnission Expires: 1
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♦000N1i,� No[sa CameosCw.,ry
faeegui g (oc sanexed) eeni0eam a[
- -Q°t'?
b eert(n ,e be
Talyld.-dnY o A.D.,�9�Z
to a M. SNlsogoad
�t &ter of gsdo
09/17/2003 10:38 9102591299 PEIJDER STY RODOF DEE PAGE 16
VOOK 827em 1213
ATTACHMENT A
MAXIMUM BUILT UgON AREA
LOT AREA LOT AREA
1 190a 36 2240
2 1900 37 2240
3 1900 36 1900
4 1900 39 1900
® 6 1900 40 1900
6 1900 41 1900
7 19.00 42 1900
0 1900 43 1900
9 2240 44 2240
10 2240 45 2240
11 2240 46 2240
1.2 2240 47 2240
13 2240 48 2240
14 2240 49 2240
16 2240 50 2240
16 2240 51 2240
17 2240 52 2240 .
3 10 2240 - • 53 2240
g 19 1900 q 54 1900
3 zo 1900 55 1900
21 1900' 56 22 2240 57 1900
9 23 2240 50 1900
24 2240 59 1900
25 2240 60 1900
26 2240 61 1900
-27 2240 62 1900
20- 2240 63 1900
29 2240 64 1900
30 2240 65 1900
31 2240 66 1900
32 2240 67 1900
® 33 2240
34 2240 69 1900
35 2240 70 1900
71 1900
09/17/2003 10:38 9102591299 PENEIER CTY RODOF LEE PAGE 17
i
1'
NORTH ChROLINA 000K (o�rrtllp �'dG�'"�IS/y�Q
DECLARATION OF MODIFICATION OF
-
RESTRICTIVE COVENAN90 MY PONDRM 10 37
RIDGE EUDDTVXf<%ON
PENDER COUNTY JDTCF ". SNIGE0090
1IF9I40TER OF 9M)S
4fHCh74 owift4 o.
THIS. DECLARATION made this i ''_day of ip2 , A• ,D. ,
1192, by QUINN BROTHERS, INC„ a corporation, duly organized and
® existing under and by virtu@ of the laws of the Mate of North ,
Carolina, with its office and principal place of businaas in
Warsaw, Duplin County, North Carolina, DAVID C. SERSELL, Single,
of the County Of -'ender, State of North Carolina, JAMES T.
EVES, JR. and wife, LINDA DIANE EVES, of the County of Pander,
Stets of North Carolina, and STGP11EN M. SELLERS and wife, BRENDA
k
N. SELLERS, of the County of Pander, State of North Carolina,
S the owners of all of the lots in Sandy Ridge Subdivision,
hereinafter called the "Declarants";
WITNESSETH:
That whereas the Declarants are the owners of the real
property described in Article I of the Declaration and are
, f t deaireus of modifying certain Restrictive Covenants previously
recorded in the Office of the Register of Deeds of Pander County
in Book 816, page 172 and Rook 827, Page 108, Subjecting said
real property to the protective covenants and restrictions
therein contained and all of which axe for the benefit of such
Property and for each owner there Of, and inure to the benefit of
and pass and run with the said property, and each and every lot
or parcel thereof, and apply to and bind the successors in
interest and any owner thereof.
NOW, THEREFORE, the aforesaid Restrictive Covenants of
Sandy Ridge Subdivision are hereby' modified or otherwise amended
as follows:
ARTICLE %
That Article V shall be deleted in its entirety and the
following shall be substituted in lieu thereof as Article V: No
building shall be erected, placed, or altered an any promises in
R^n"rend and p„rl rAsd
J....tY .'1. .b .
v[ C'a uJO
fw:u.r Suw.ty, x,Q .i
09/17/2003 10: 38 9102591299 PENDER CTV RODOF LEE PAGE 18
oaoK 835Phsc ;(z5
said subdivision until the building plan., specifications,Plots showing the location of such hu ilding have b and
ex writing as to conformityedn approved'
existing and harmony Of external design with
g 9trUcturae in the development, and as to the location
of the building with respect to® topography and finished
elevation by an *architectural committee ground
oompoead 'o£ three persons designated in and appoihtod by Declarants or their aasignA,
the event said Committee fail, to approve or dlaapprova design location wiebin thrity (an) pays after said plans and
or such
specifications have been submitted to it or, in any event if no
suit to enjoin the erection of Such btilding ,king of
thereof, suohm
such Alteration- has been or thy,commenced prior to the Completion
'approval shall be deemed y given and thin Covenant
will be deemed t! o have been oommittee obeli complied with. Members of such
a a not be entitled to any compensation for services
,9y performed pursuant to this covenant. Any modifications
° additions to any structure
ggg on the lot herein c or
3 � mall baxea, gnragee, fenc conveyed, including
r other es, decks, patios, acXaehed area or
er, material
Shall Conform to the genoral architectural
character, material
intention and color of the main residence, It is the
Of the Declarante that the subdivision Shall be
developed with the construction of homes. Suitable to end in
conformity with the
environment And that moat 6£ each lot shall
be left constructed
a natural stater further, that each home Bhall be
® biding, TI- of cedar or cypress lap siding, inner a,ha lap
Biding, T1-11 fir siding or mason'" type hardboard lap siding,
that all bright and mixed pastels of paints and finishes on the
exterior will be prohibited and the use of subdued colors
be encouraged. FurtheY t shall
within el,x months from completionhat each Grantee of a lot Shall,
lot b of his house, landscape his
y planting appropriate shrubs and/pr tzees In order £or
each let to conform to the quality standards imposed upon this
subdivision, by this Declaration. Theretpon committee Shall have .
landscaping. and authority to Approve or to require £urther
landscaping. It is the hope at the Declarants that this
09/17/2003 10:38 9102591299 PENUER CTV P.OGOF GEE PAGE. 19
U
onoK 835v�cE 12G
subdivision will be a relaxing and retiring environment with
each homeowner having Much privacy and able to enjoy the aound
of the poundi ny" Surf and the Summer breezes, the ruacle of the
trees, the song of many bird& and the relaxing viow end access
to Topsail Round and access to the white sands of Tep,,L2 Island
Beach and the Atlantic oc&an.
® That Article I ARTICLE I1
X shall be deleted in its entirety.and the
following Shall be substituted in lieu thereof as Article ix:
Off street parking shall be provided by the owner of each lot
I
or the parking of automobiles owned by such owner. Any
d"lling constructed on any lot shall provide 'at least one
vehicle storage space in the form of a garage or carport.
j ARTICLE III
That' Art'Ole XVI shall be deleted in its entirety and ,
the following shall be substituted in lieu thereof as Article
XVI: All roofing shall be of asphalt or fiberglass type. All
g b . roofs shall have a 5/12 pitch or greater. Any other type of
shingles and/or roof pitch must be approved, in writing, in
advance of the construction by the Architectural Committee,
ARTICLE IV
That the lots denominated a& Lot, A through E shown on
Map recorded in MSp Book 27, page 105 of the Pender CFunty
Registry Shell not be considered a portion Subdivision and, therefore, shall IOf Sandy Ridge
not hnOfB subject..,-to the
® Restrictive Covenants imposed and recorded in Book 016, page
172, and Back 827, pogq LOB of the Ponder County Registry, nor
st said lots be
Reatr subject
to the Modifications of the
ReLetive Covenants egntained herein.
ARTICLE V
That except as modified herein, all Restrictive
covenants as cvn twined in the original oeclarations of
09/17/2003 10: 33 9102591299 PENDER CTY RODOF DEE PAGE 20
Rmatrict „ enaK 835f��cr• 127
i e Covmnnnta recorded in Book 016, page 1)2 and Book
877, Page 108 of the Fender county Registry shall remain d full
force and effect.
IN WITNESS WHEREOF, the said partiea have hereunto set
their hand- and peals, the day and year fir at above writto n.
N M1N,
09,p,llfgsw.,
`ap O�A7E•'�FA ti OBINN BROTHERS, INC.
BYa- dent d. C 3
" .�O,RATb BEN.
G
* T:
• B mretary ,
Davi Bar all SEAL)
e 18EN,)
Go T. Eves
g ; L n a Diane Evoa (SEAL)
C4 if
t Pen N, Se lleze (SEAL)
-a„aa rv. Be
era
/ i I
J,
09/17/2003 10:38 9102591299 PENDER CTY RODOF DEE PAGE 21
Doak . $35F�cr 128
NORTFI CAROLINA
OUPYIN COUNTY
I,
aforesaid County, nd Bteta a Notary Public of the
Quinn .pernonall a do heroby certify that Gerald A.
y PPeared before t this day and 9aknoWledged
that he is Secretary of pdinn Arolhere, Inc., the corporation
namsd herein, and by authority duly given and an the act of the
QaXpOration, the eforeg instrument WAS signed in its name by its esident with its co,:
himself as ita Secretary. Pcrate sial, and atteeted by
Nltneas my hand and notarial 9e4111 Elf dq
�, ❑1
! 1 Notary P l C ..
R My commission k^ P'x ir.ea:
D— NJB �� .
t NOR4'N CAROLINA
rr.ar NYh,.,
COUNTY
I, uA
acres , a Notary Public Of the
7 L aid Coun y and. grate do hereb certify
T Sorrell, personally appeared Y rtitY khat Oauid C.
the du before me this day and acknowledged
e execution of the £orggoing instrument for the par ogee
theieln expressed, p
6E.
Witness my hand and notarial seal, thisda r, , 1992. y
\..
•, `'+ O'+.• „ifr.:�" .r.�'slon 8xpirea e
gt" "cover
i
09/17/2003 10:38 _ 9102591299 PENDER CTY RODOF LEE PAGE 22
NOS--e�RezrmA (/irP�iiri.� BGIIN H$r�P^GG 123
COUNTY OF--4c�gFpI,
S �7W
aforesaid County 'nd St'te �� a Notary Publio of the
and Wife, Linda Diane Eve6 o hereby certify that dame, T. eves
day and acknowledged
personally apPeared before me this
the due exew tJ,on of
® instrument for she purpasss therein a the �r'09oing
witness expressed. ,rpN4w'yam mY hand a
of nd notarial
pr , 1992. sea ,as, „ x
�U �
N ry Fu lie
c
MY coomis'ion Expires: a/
b y �
NORTH CA'ROLSNA '
I I COUNTY OF
1, ,{f
aforesaid Cou t -'x'� a Notezy Puhlia. of the,
Sellers and Wife B d state do hereby% . certify that Ste
rends N. Sellers Phen M.
me this day and aoknOWlad a Personally apPeered before
I
ged ere due execution of
far the purposes therein the foregoing
r witness m expressed.
Y hand and notarial seal, this—V--day
1�, 1992.
'�,fiber•, iC i,n,.:;'\
"M� v f•� �fB:���, Notary Fu6, c l �
, ' .? i lion Expire':
I ,
09i17/2003 10:38 9102591299 PENDER CTV PODOF DEE PAGE 23
I
soak 835e�cc 130
NORTI{ CARtlL;NA ,
PRNDER COUNTY
The fo eogin certificatea of
® Correct'. Thin in st rMimant was $1e cartiftod to be
day and hourPresorted for registration this
and duly recorded in the Office of the Rsgiote.t
of Deeda of Fender County, North Carolina, in Book
Jay 83S at Pago
This
-AwNay of n�.
A. D.. 1992, at
byre AL BMeelood
5 Register O Dee B By,
a Recorded and vezifiad: '
11
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1 of 1 9/15/2003 10:14 AM
• ..Sing
1 W yn+n
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary March 18, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Milford Quinn
Route 1 Box W-12-T
Warsaw, North Carolina 28398
Subject: Sandy Ridge Subdivision
Pit County
Pemdar-
Dear Mr. Quinn:
This letter is in response to the attached letter received
March 17 , 1992 from Mr. Charles F. Riggs, R.L. S . . The letter
references a meeting held with Mr. Paul Rawls of my staff on
February 17, 1992 concerning the Sandy Ridge Subdivision. During
the meeting Mr. Riggs inquired as to the possibility of utilizing
a tract of land adjacent to the Sandy Ridge Subdivision in an
effort to increase the built-upon coverage for your subdivision.
During the meeting Mr. Rawls explained that the Division
currently allows the percent built-upon area for low density
projects to utilize all areas of a project inland from the mean
high water line; as long as there are no areas within the project
that would be deemed as pockets of high density.
The attached site map provided to Mr. Rawls during the
February meeting depicts a channel bordering the previously
approved project. The channel would act as a interceptor for
stormwater. This being the case, any increase in the built-upon
area of the current project could be viewed as a high density
pocket that is inconsistent with the criteria for low density
stormwater certifications. Based on the above, it is our opinion
that the additional acreage can not be utilized in a manner
outlined in the request.
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845•Telephone 919-395-3900•Fax 919-350-2004
An Equal Opportunity Affirmative Action Employer
' Mr. Quinn
March 18, 1992
Page 2 of 2
--------------
If you have any questions regarding this matter please
contact Mr. Rawls or me at (919 ) 395-3900 .
Sincerely
ave Adkins
Water Quality Regional Supervisor
PER:DSK1 : Sandy.Mar
cc : Charles Riggs, R.L.S.
Paul Rawls, DEM, Wilmington Regional Office
Bill Mills,lP_..E.._,_DEM Stormwater
-Wilmington-Regional—Sto mr water-File-900230--�
Central Files
WArtA&tr
` ;� --� _ _� -1 •tea
LIMY
Qv.i J
r r
COA
L
L �
5A vy 4Ji
ATLANTIC
VJ11JL 11LJ WII II VIG .. J1J YJJ YfYJG GYJl
CHARLES F, RT -jGS t, AS✓OC;IATES, INC.
202 WARLICK STREET
F'. 0. FOX 1570
JACKSONVILLE, NORTH CAROLINA 28541 -1570
C919? 455-0877
MARCH 11 1992.
MR. FAUL RAWLS
ENVIRONMENTAL. TFCHNICTAN V
DIVISION OF ENVIRONMENTAL. MANACdCME:NT
WATER QUALITY SECTION
127 CARDINAL DRIVE EXTENSION
WILMINGTON, NORTH CAROLINA ;28A03
SUBJECT: ADDITIONAL 31, ACRES NORTH OF SANDY RIDGC
SURF CITY, NORTH CAROLINA
PROJECT NO. 900230
MR. PAWLS:
IN REFERENCE TO OUR: CONVERSATION OF MONDAY, FEBF?UARY 17, 1992, 1
WOULD APPRECIATE A DECISION CONCERNING THE INCLUSION OF
APPROXIMATELY 31 ACRES OF LAND LOCATED NORTH OF SANDY RIDGE,
WITHIN OUR: PRESENT APPROVED STORM!•JATER FLAN CONSISTINei OF 19.0
ACRES. THIS WOULD INCRFASE OL1F: TOTAL TRACT AREA TO 50 ACRES
AND WOULD THEREFORE INCREASE OUR IMPERVIOUS SURFA!=E COVERAGE
PER LOT.
SINNCCEER'ELLY,
CHARLES F. ttl , P. L. S.
OWNER:
MR.. MILFORD QUINN —
RT. 1 , AOX W-12—T
WARSAW, NORTH CAR:OLINA 28390