SW8011121_Current Permit_20080829

ref WAT T .
.. Michael F.Easley,Governor
.fl Q.
William G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
. .
R0 N- Coleen H.Sullins Director
Division of Water Quality
August 29, 2008
Art Ricks, Member Manager
Lena Springs, LLC
1630 Military Cutoff Road
Wilmington, NC 28403
Subject: Stormwater Permit No. SW8 011121 Modification
Lena Springs Subdivision
High Density Subdivision Project
Brunswick County
Dear Mr. Ricks:
The.Wilmington Regional Office received a complete Stormwater Management Permit
Application for Lena Springs Subdivision on August 12, 2008. 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 2H.1000. We are forwarding Permit No. SW8 011121,
dated August 29, 2008, for the construction of the project, Lena Springs Subdivision.
This permit shall be effective from the date of issuance until August 29, 2018, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system 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 upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Rhonda Hall, or me at [phone].
Sinc ely,
(3L
Ed ar eck
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:IWOS\STORMWATER\PERM1 T t011121 MOD.aug08
cc: Shane Lippard, Rught Angle Engineering, P. C.
Brunswick County Inspections
Jeff Phillips, Brunswick County Engineering
Rhonda Hall
Vilmington Regional Office 4
Central Files One
l �nCarolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterouality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

State Stormwater Management Systems
Permit No. SW8 011121 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Art Ricks and Lena Springs, LLC
Lena Springs Subdivision
Old Mill Road and Forest Hills Drive, Navassa, Brunswick County
FOR THE
construction, operation and maintenance of two wet detention pond(s) in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules") and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until August 29, 2018 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for 182 lots, (177 current, 5 future) each allowed a maximum of 3,000
square feet of built-upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The runoff from all built-upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW8 011121 Modification
5. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
Pond 1 Pond 2
a. Drainage Area,acres: 44.6 14.95
Onsite,ft2: 1,444,450 651,222
Offsite,ft2: 498,326 0
b. Total Impervious Surfaces,ft2: 734,857 314,371
177 lots at 3,000 ft2: 423,000 108,000
Roads/Parking,ft2: 136,576 41,470
Sidewalks,ft2: 24,832 7,540
Future(5 lots at 3,000 ft2): 15,000 0
Commercial(4.25 Acre Tract),ft2: 0 157,361
Offsite—Community Center,ft2: 38,099 0
Offsite- Forest Hill Drive,ft2: 9,300 0
Offsite—Fire Department,ft2: 32,000 0
Offsite—Residential Lot, ft2: 10,000 0
Offsite—Residential Lot, ft: 10,000 0
Offsite—18 lots @ 1,750,ft2: 31,500 0
Offsite-Main Street,ft: 4,550 0
c. Pond Depth,feet: 5 6
d. TSS removal efficiency: 90% 90%
e. Design Storm,inches: 1.0 1.0
f. Permanent Pool Elevation,FMSL: 12.0 13.0
g. Permitted Surface Area @ PP,ft2: 53,800 18,000
h. Permitted Storage Volume,ft3: 66,674 27,750
i. Temporary Storage Elevation,FMSL: 13.2 14.5
j. Controlling Orifice: 4.0"0 pipe 2.0"0 pipe
k. Permanent Pool Volume, ft3: 159,500 84,000
1. Forebay Volume,ft3: 33,750 30,750
m. Maximum Fountain Horsepower: 1/2 1/3
n. Receiving Stream Sturgeon Creek
o. River Basin Cape Fear
p. Stream Index Number: 18-77-1
q. Classification of Water Body: C; Sw
Page 3of9

State Stormwater Management Systems
Permit No. SW8 011121 Modification
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built-upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built-upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built-upon
area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built-upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
6. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The Director may determine that other revisions to the project should require a
modification to the permit.
8. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements.\The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
Page 4 of 9

r '
State Stormwater Management Systems
Permit No. SW8 011121 Modification
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
12. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and re-vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
15. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 011121, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
c. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is 3,000 square feet. This allotted
amount includes any built-upon area constructed within the lot property
Page 5 of 9

State Stormwater Management Systems
Permit No. SW8 011121 Modification
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA`s Area of Environmental Concern may be subject to a
reduction in their allowable built-upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built-upon area in excess of the permitted amount will require a permit
modification.
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
19. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c_ The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in Pond
#1 is 1/2 horsepower and the maximum pump power for a fountain in Pond
#2 is 1/3 horsepower.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a completed
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality, signed by the parties involved, along with the applicable documents as
listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
Page 6of9

State Stormwater Management Systems
Permit No. SW8 011121 Modification
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re-issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 29th day of August, 2008.
NORT CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
7300.../L-
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 011121
Page 7 of 9

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION I
Project Name: Le' & 5pr i h SS S t0cl;v; S; o.,
Contact Person: 5}n&'-e. L► QPaircl Phone Number: (k to ) .2SI-Q SSFSF
For projects with multiple basins, specify which basin this worksheet applies to: G.)b 3 #
elevations
Basin Bottom Elevation 'Z D ft. (floor of the basin)
Permanent Pool Elevation 12-0 ft. (elevation of the orifice)
Temporary Pool Elevation /3-2 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 53, sq. ft. (water surface area at the orifice elevation)
Drainage Area yu (00 3- 9' ac. (on-site and off-site drainage to the basin)
Impervious Area ( ,$" /Iraq ac. (on-site and off-site drainage to the basin)
volumes 5
Permanent Pool Volume /6679e5 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume �(o.,,G7f cu. ft. (volume detained above the permanent pool)
Forebay Volume 3 3, 7SO cu. ft. (approximately 20%of total volume)
Other parameters a Co--)
SA/DA17 (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 41. 0 in. (2 to 5 day temporary pool draw-down required)
Design Rainfall /.0 in.
Design TSS Removal 2 90 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

Footnotes:
l When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coatral counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR MAP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H.1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form,the agent may initial below. If a requirement has not been met,attach justification.
Applicants Initials
L)SL a The permanent pool depth is between 3 and 6 feet(required miniwnsn of 3 feet)..
tpDSL b. The forebay volume is approximately equal to 20%of the basin volume.
LSL c. The temporary pool controls runoff from the design storm event
WSt _, d. The temporary pool draws down in 2 to 5 days.
tat- e. If required,a 30-foot vegetative filter is provided at the outlet(include non-erosive flow
calculations)
SL f. The basin Iength to width ratio is greater than 3:1.
WSL g. The basin side slopes above the permanent pool are no steeper than 3:1.
h A submerged and vegetated perimeter shelf with a slope of 6:1 or less(show detail).
_ i. Vegetative cover above the permanent pool elevation is specified
-� - j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
�• L If the basin is used for sediment and erosion control during construction,clean out of the
basin is specified ied prior to use as a wet detention basin.
m. A mechanism its specified which will drain the basin for maintenance or an emergency.
70 1-
I L WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin,pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does cdoes no incorporate a vegetated filter at the outlet
This system (check one) 0 does 0 does no incorporate pretreatment other than a forebay.
Form S'W U-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately,re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system(i.e. catch basins, piping, swales, riprap,etc.)quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth(see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 3.75 feet in the main pond,the sediment shall be removed.
When the permanent pool depth reads 3.75 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
0 Permanent Pool Elevation /2.0
Sediment Re oval El. B.2C 75
Sediment Removal Elevation 3.2.5 75%
Bottom Ele ation 7.o %
®® Bottom Elevation 7.0 25%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
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: it f MECs
Title: ',Kew,bar .,v 14,..ors• lc.ia S�Oo";hg s L_L. C
Address: C/e 113 ►st;f i tin cif OP 940a Sv:fz i to W:(w,;..5is., if4 L.. 7,$y03
Phone:
Signature:
Date: 6- R. o
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
(cNni Public for the State( . 1\ CD�.SC�1 ,a Notary
County of �'� ��ty of �� Ccr6 Ir n�
v� ,do hereby certify that At- ( Cc
personally appeared before me this ok day of -- .5('!
00(3,and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
•
PUBIAG
71467
SEAL '
•
My commission expires /o2 II 6 lo
•
Form SWU-102 Rev 3.99 Page 4 of 4

Permit No.
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWAf3ER I+IA.NAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original •
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes anapplication
supplement for each basin, designform, a wet detention basin
supplement
for
calculations, and plans.and specifications showing all basin and outlet
I. PROJECT INFORMATION
Project Name: L eyc.- for n ys S�AO d v;s;011
Contact Person: Phone Number: ( )
For projects with multiple basins, specify which basin this worksheet applies to: k I t, 2 2
elevations
Basin Bottom Elevation 7. O
(floor of the basin)
Permanent Pool Elevation i 3.0 ft. (elevation of the orifice)
Temporary Pool Elevation 1`E.S ft (elevation the of discharge structure overflow)
areas
Permanent Pool Surface Area 19 mu sq. ft. (water surface area at the orifice elevation)
Drainage Area
/4.75 ac. (on-site and off-site drainage to the basin)
Impervious Area
7. 2_9 ac. (on site and off-site drainage to the basin)
volumes
Pem anent Pool Volume 8`f f 000 cu.ft. (combined e volum
_.. main basin and forebay)
Xmperaly-Pool Volume • 27175-0 uu.-f -())a1ti ne--r 7iave�ie peimitizerif pool)
Forebay Volume
gra, cu. ft. (approximately 20%of total volume)
3a1v15a
Other parameters
SA/DA1 2 . I % (surface area to drainage area ratio from DWQ table)
Diameter of Orifice I,0
in. (2 to 5 day temporary pool draw down required)
Design Rainfall / .O in
Design TSS Removal 2 90 % (minimum 85%required)
Form SWU-102 Rev 3.99 Page I of 4

Footnotes:
1 When.using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties,the requirement for a vegetative filter maybe waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BIVP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H.1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met,attach justification.
Applicants Initials
1►'S�- a. The permanent pool depth is between 3 and 6 feet(required minimum of 3 feet).
ln7S(. b. The forebay volume is approximately equal to 2A%of the basin volume_
c. The temporary pool controls runoff from the design storm event.
tZSi. d. The temporary pool draws down in 2 to 5 days.
WSL e. If required,a 30-foot vegetative filter is provided at the outlet(include non-erosive flow
calculations)
WSL f_ The basin length to width ratio is greater than 3:1.
uM L. g. The basin side slopes above the permanent pool are no steeper than 3:1.
W Sl h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less(show detail).
cL i. Vegetative rover above the permanent pool elevation is specified.
—> j. A trash rack or similar device is provided for both the overflow and orifice_
V CIe k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
IPCL- L If the basin is used for sediment and erosion control riming construction,clean out of the
basin is specified 4rior-to uuse,as a wet detention basin.
(pa- m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin,pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does t d i . r t incorporate a vegetated filter at the outlet.
This system (check one) 0 does 0 a oes no incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation,erosion,trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover,mow vegetative
cover to maintain a maximum height of six inches,and remove trash as needed.
3. Inspect and repair the collection system(ie. catch basins,piping, swales,riprap,etc.)quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75%of the original design depth(see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely
(i.e.st impact water quality
og near a wet detention basin or stream,etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads q. s- feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads '4L•S. feet in the forebay,the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
V Permanent Pool Elevation /3.0
Sediment oval iEL 8.f' 1 75 0 S
Sediment Removal Elevation S.5
Bottom El. _ .on 7 0 -------- __------ 75%
_.._._.. ------..__ -._.. .. - .._......_.- _._ -- -_. B+�m ievation 7.0- -
.- 259'
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50%of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
Form S`JW-102 Rev 3.99 Page 3 of

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
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: Aft Thrdics
Title: w,. rvlct waif." kena 9100 i vhis L_L..G.
Address: '/o f630 4t;(; f,.,) c4 IP Rout sv;h l(0 W:L ;45MA la,. A11o3
Phone: q►o- a
Signature:
Date: 6. 9. 0
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.
I, '(�n► (. .. Cr cC_'LSO•R ,a Notary Public for the State of DC l,G(`4Ii rtc
County of � VAatc� yLC , do herebyce that
� � Atk q?.. ��
personally appeared before me this C day of Z9 i' , (a(j(o and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
OTAR ' '
PUMA
VER
SEAL )(26444/
My commission expires /2 Ii o
Form SWU-102 Rev 3.99 Page 4 of 4

OFFICE USE ONLY
Date Received Fee Paid Permit Number
��-" �►Ob$ A o 40 Ca ¶&A O\\ (Y\6(a
State of Norm Laa.aide C°c<�``'� v`-
•
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation,individual,etc.who owns the project):
Lena Springs, LLC
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Art Ricks, Member Manager
3. Mailing address for person listed in item 2 above:
1630 Military Cutoff Road
City: Wilmington State: NC Zip: 28403
Telephone Number: 910—262-0905
4. Project Name(subdivision, facility or establishment name—should be consistent with project name on
plans,specifications,letters,operation and maintenance agreements,etc.):
Lena Springs Subdivision
5. Location of Project(street address):
Old Mill Road and Forest Hills Drive
City: Navassa
County: Brunswick
6. Directions to project(from nearest major intersection):
Drive east upon Old Mill Road and take a right on Main Street. To the right is Forest Hills Drive,which is
on the North end of the project site.
7. Latitude: 34.2526° Longitude: 78.0133° of project
8. Contact person who can answer questions about the project:
Name: Shane Lippard Telephone Number: (919) - 251-8544
II. PERMIT INFORMATION
1. Specify whether project is (check one) ❑ New ❑ Renewal
® Modification
FormSWU-101 Page 1 of4

2. If this application is being submitted as the result of a renewal or modification to an existing permit,list the
Existing permit number SW8011121 and its issue date(if known) 6-17-2002
3. Specify the type of project(check one):
['Low Density ®High Density ❑Redevelop ❑General Permit ['Other
4. Additional Project Requirements(check applicable blanks):
❑LAMA Major ZSedimentation/Erosion Control 0404/401 Permit ❑NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated.Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
Onsite stormwater will drain into curb inlets and existing swales. Curb inlets drain into a storm pipe network
that drains into a detention pond. Existing swales also empty into the detention pond. The Detention pond
empties through a controlled outlet into an existing ditch,to Mill Creek Branch,then to the Cape Fear River.
2. Stormwater runoff from this project drains to the Cape Fear River Basin.
3. Total Project Area: 58.24 acres 4.Project Built Upon Area: 41.6 %.
5. How many drainage areas does the project have? 2
6. Complete the following information for each drainage area. If there are more than two drainage area in the
project,attach an additional sheet with the information for each are provided in the same format as below.
Basin Information Drainage Area I Drainage Area 2
Receiving Stream Name S c o‘e.o Mi11-Ereek-I ch Ss c%Q4)„
Receiving Stream Class e. C Sw C Sw C_4
Drainage Area 43.29 AC 14.95 AC
Existing Impervious *Area 104,850 sf 0 sf
Proposed Impervious * Area 637,507 sf 317,371 sf
%Impervious *Area(total) 39.4% 48.7%
_Impervious * Surface Area Drainage Area I Drainage Area 2
On-site Buildings 438,000 sf 111,099 sf 1 pck , p 6b
On-site Streets 136,576 sf 41,470 sf
On-site Parking 0 sf
On-site Sidewalks 24,832 sf 7540 sf
Other on-site 0 sf 157,361 sf
Off-site 1427949 sf r'3 j,��.« 0 sf
Total: 742,357 sf`1 2,V aSn Total: 31-7,371 sf
*Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
sidewalks, gravel area, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off-site impervious area listed above derived? For the Community Center, Fire Station,and
Land Tract, 85%impervious was assumed. For the offsite lots where only half of the lot drains to the detention
Pond, 1750 sf impervious per lot was used. For offsite roads, the actual road area was calculated.
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 3000 square feet of any lot shall be covered by structures or impervious materials.
impervious materials include asphalt,gravel, concrete,brick,stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossing.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit moderation prior to
construction.
5. All permitted runofffrom outparcels or future development 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 system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, 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 State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for the
status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Low Density Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI.' SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ). A
complete package includes all of the items listed below. The complete application package should be submitted
to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
Provided next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form pg`
• One copy of the applicable Supplement Forms(s)for each BMP Lj L
• Permit application processing fee of$420(payable to NCDENR) tA L
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications,including: ipEL
-Development/Project name
-Engineer and firm
-Legend
-North Arrow
-Scale
-Revision number&date
-Mean high water line
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers
-Original contours,proposed contours, spot elevation,finished floor elevations
-Details of roads,drainage features,collection systems, and stormwater control measures
-Wetlands delineated, or a note on plans that none exist
-Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers(where required)
VII. AGENT AUTHORIZTION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): Right Angle Engineering, PC
Mailing Address: 212 Princess Street
City: Wilmington State: NC Zip: 28401
Phone: [phone] Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Art R;As
Certify that the information included on this permit application form, is to the best of my knowledge, correct and
that the project will •; co•:; • d in conformance with the approved plans,that the required deed restrictions
and protective coy-il s will be r.corded,and that the proposed project complies with the requirements of 15A
NCAC 2H.1000.
Signature: , Date: 6,q'0 6
Form SWU-101 Version 3.99 Page 4 of 4

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STATE OP NORTH CAROLINA PoteArdei Q' 4 /L4 riot rd m
A ti~ v COUNTY OF BRUNSWICK 'roe ulTf i', srFAt2
wm.mmicree .vc. aiyw3
DECLARATION OF COVENANTS CONDITIONS AND RESTRiC IONS
FOR LENA SPRINGS.ESTATES
THIS DECLARATION.made the t'S day of April,2006.by LENA SPRINGS,LLC,a
North Carolina limited liability company,hereinafter referred to as"Declarant"or"Developer"for
the purposes hereinafter stated:
W iTNESSh'n I
WHEREAS,Declarant is the owner of that certain teal property in Irunswick County,North
Carolina.known as Lena Springs Estates,which is shown on a p1a1 recorded in the Office of the
Register of Deeds of Brunswick County, North Carolina,in Map Book 27 Page 480, to which
reference is made for a more particular description(the"Property");and
NOW.TI•lT REFORE, Declarant declares that the Property described above shall he held,
sold and conveyed subject to the fol lowing easements,restrictions,covenants.and conditions,which
arc for thc purpose of protecting thc value and desirability of,and which shall run with the land and
be binding on all parties having any right,title or interest in the Property or any part thereof,thcir
haim successors and assigns,and shall inure to the benefit of each owner thereof:
ARTICLE I.
DEFINITIONS
SECTION I..Mdition l Pros,.!shall mean and refer to any lands which arc now owned
or may be hereafter acquired or developed by Declarant,in addition to the above describued Property.
and annexed to and made a part of the Development(as hereinafter defined)pursuant to Article VII
hereof:
SECTION 2. Association shall mean and refer to Lena Springs Estates ilomeowners
Association. Inc.,a North Carolina nonprofit corporation,its successors and assigns,the owners
association organized for the purposes set forth in Article III hereof:
SECTION 3_ Assessments shall moan the Annual, Special, Insurance,Ad Valorem and
Working Capital Assessments defined in Article IV hereof.
SECTION 4. L34j1ycr shall mean and refer to any contractor licensed by the State of North
Carolina who acquires title to any Lot(s) within the Development with the intent to construct
residences thereon for resale.
STiC11ON 5. Common Area(s) shall mean and refer to all real property within the
Development owned by the Developer or the Association for the common use and cujoymant of the
Owners,including any facilities located on such real property.
SECTION 6, p teclara+Ii shall he used interchangeably with ayshIpz(which designations
shall include singular,plural.masculine and neuter as required by the context)and shall mean and
refer to LENA SPRINGS, LLC. a North Carolina limited liability company, its .uccessors and
assigns,if such successors or assigns should acquire undeveloped property from the Declarant:or
the purpose of development.

M°a8 28 `08 11 : 49a Rae Pc 18102512200 p.3
Inert * 326677 nook 2375Page: 728
SECTION 7.Dec arl g'pj3 shall mean this instrument as it may be from time to time amended
or supplemented.
SECTION 8.Development shall mean the Property plus any Additional Property,
SECTION 9.J.sited Common Ama(s)shall mean areas and facilities within any Lot which
are for the exclusive use of the Lot Owner but which the Association is obligated to maintain
pursuant to the terms ofthis Declaration.There shall be no Limited Common Area on any Lot unless
thc same is specifically shown on the Subdivision Map for Lena Springs Estates.
SECTION 10.Lsaw shall mean and refer to any numbered lot within the Development and
any future lots)within the Development.
SECTION 11,Owner shall mean and refer to the record owner,whether one or more persons
or entities,of a fee simple title to any Lot,including contract sellers,but excluding those having such
interest merely as security for the performance of an obligation.
SECTION 12. jvlembeeM shall mean and refer to every person or entity who has a
Membership in the Association.
SECTION 13. Membership shall mean and r'fcr to the rights,privileges,benefits,duties
and obligations,which shall inure to the benefit of and burden each Member of the Association.
SECTION 14. ply shall mean the Property as defined in the preamble to this
Declaration,
ARTICLE 11.
EASEMENTS
SECTION 1. Qwrt__zr Easement of Enjoyment. Every Owner shall have and is hereby
Ranted a right and easement of enjoyment in and to the Common Area,if any, which shall be
appurtenant to and shall pass with the title to every Lot,subject to the provisions of Article ill
hereof.
SECTION 2. T e cnts in Favj of Declarant.The following easements are reserved to
Declarant,Declarant's successors and assigns.
A. Easements as necessary in the lands constituting the Development for the installation
and maintenance of utilities and drainage facilities;including specifically,the right to grant a 10
foot wide easement over and adjacent to the front property line of each and every Lot and including
the right of Declarant to go upon the,ground with mean and equipment to erect,maintain,inspect,
repair and use electric and telephone lines,wires,cables,conduits,sewers,water mains and other
suitable equipment for the conveyance and use ofeloctri►sity,telephone equipment,gas,sewer,water
or other public conveniences or utilities en.in or over each Lot and such other areas as arc shown
on the plat of the Property or any Additional Property recorded or to be recorded in the office of the
Register of Deeds of Brunswick County;the right to cut drain ways for surface water whenever such
action may appear to the Developer to be necessary in order to maintain reasonable standards of
health,safety and appearance;the right to cut any trees,bushes or shrubbery;the right to make any
grading of the soil,or to take any other similar ectic n,casonably necessary to provide economical
and safe utility installation and to maintain reasonable standards of health,safety and appearance;
thc right to locate wcll8,pumping stations,and tanks within residential areas,or upon any Lot with
the permission of the owner of such Lot;and the right to subject the Property and any Additional
Property to a contract with Progress Energy for the installation of street lighting,which contract
requires a continuing monthly payment to Progroui Energy by each resident customer for street
lighting service(such rights may be exercised by any licensee of the Declarant,but this reservation
shall not be considered an obligation of the Declarant to provide or maintain any such utility or
service).
2

tram 28 08 11:49a Rae Pc 19102512208 p.4
Inst 1326677 Book 2375Page: 729
B. Basements over all private streets, if any,access casements,and Common Areas
within the Development as necessary to provide access, ingress and ogress, to any Additional
Property.
C. An easement of unobstructed access over,on,upon,through and across each Lot and
the Limited Common Area located thereon, if any, at all, reasonable times to perform any
maintenance and repair to the Limited Common Areas required by this Declaration.This easement
shall also run in favor of the Association and the Association's agents,einploycos,successors and
assigns.
SECTION 3.Other Easen7ents.The following casements arc granted by Declarant to others:
A. An easement is hereby granted to all police,fire protection,ambulance and all similar
persons,companies oragcncies performing emergency services,to enter upon all Lots and Common
Area in the performance of their duties,
B. In case of any emergency originating in or threatening any Lot or Common Areas.
regardless of whether any Lot Owner is present at the time of such emergency,the Association or
any other person authorized by it.shall have the right to enter any Lot for the purpose of remedying
or abating the causes of such emergency and making any other necessary repairs not performed by
the Lot Owners,and such right of entry shall be immediate.
C. The Association is granted an casement over each Lot for the purposes of exercising
its rights under Article VI,Section 5,of this Declaration.
SECTION 4.Nature of Easements.All easements and rights described herein are perpetual
casements appurtenant,naming with the land,and shall inure to the benefit of and be binding on the
undersigned,its successors and assigns,and any Owner,purchaser,mortgagee and other person
having am interest in the Property or any Additional Property,or any part or portion thereof;
regardless of Whether or not reference is made in the respective deeds of conveyance,or in any
mortgage or trust deed or other evidence of obligation,to the easements and rights described in this
Declaration.
ARTICLI?lip,
LICILIEDMigg
ASS TiON
SECTION 1,Formation ofAssociatior:,Lena Springs Estates Homeowners'Association,Inc.
is a nonprofit corporation organised pursuant to the Nonprofit Corporation Act of the State of North
Carolina for the purpose of establishing an association for the Owners of Lots to operate and
maintain the Common Areas and to provide any other services provided in this Declaration or agreed
to by a majority of the Members.
SECTION 4. Membership. Every Lot Owner shall be a Member of the Association_
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3.IOI=Rights.Each Member shall be entitled to one vote iu the affairs of the
Association for each Lot owned,When more than one person holds an interest in any Lot,all such
persons shall be Members.The vote for such Lot shall be exercised as they among themselves
determine,but in no event shall more than one(I)vote be cast with respect to an/Lot.
SECTION 4.rpwcrs.f rivilowes.Ris late and Obligations.In addition to the rights and powers
granted to the Association in its charter and to the rights and powers with regard to assessments set
forth in Article IV of Ibis Declaration,the Association shall have and possess and shall perform and
exercise the following powers,privileges,rights and duties,subject,however,to the rights of the
Declarant contained in Article V hereof:
A. The Association shall be entitled to make and amend reasonable rules and regulations
governing use of the Common Areas by the Owners;
3

Man 28 08 11t49a Rae Po 19102512208 p.5
lost a 326(77 nook 237i 'agc; 730
13. The Association shall be responsible for the operation, upkeep, maintenance,
protection,preservation,repairs,reconstruction and/or replacement of'(i)the Common Areas and
improvements and additions thereto,and(ii)the Limited Common Areas,If any;provided,however,
that in the event that any of the above activities are ne:essitatcd by the willful act or active or passive
negligence of any Owner,his family,guests,invitees or tenants,or is caused by fire,wind,rain,
blowing water, lightening,smoke or other hazard or casualty,and the coat of such maintetance
repair or other activity is not fully covered by insurance,then,at the sole discretion of the Board of
Directors of the Association,the cost of the same shall be the personal obligation of the Owner and
if not paid to the Association upon demand,may be added to the annual assessment levied against
said Owner's Lot.
C. The Association may engage in such other activities as authorized by a majority of
the Members.
1). The Association may suspend the voting rights and privileges of an Owner for any
period during which any Assessments against the Owner's lot remain unpaid and for a period not
to exceed 60 days for an infraction of the published rules and regulations of the Association.
B. The Association may mortgage or convoy the Common Areas,or dedicate or transfer
all or part of the Common Areas,to any public agency,authority or utility for such purposes and
subject to such conditions as may be agreed to by at least two thirds of the Members.
F. The Board of Directors on behalf of the Association,as a common expense,may at
all times keep the Common Areas and other property of the Association,if any,insured against loss
or damage by fire or other hazards and Other such risks,including,but not limited to directors'
liability and public liability insurance,upon such terms and for such amounts as maybe reasonably
necessary from time to time to protect such property,which insurance shall be payable in case of loss
to the Association for all Members.The Association shall have the sole authority to deal with the
insurer in the settlement of claims.Such insurance shall be obtained without prejudice to the right
of each Member to insure his personal property for his own benefit at his own expense.In no event
shall the insurance coverage obtained by the Axles:iation be brought into contribution with insurance
purchased by Members or their mortgagees.
ARTICLE IV.
COV .NTS POk P NZSsM1?NTS
SECTION 1.Creation of the Lien,btaSlersonal Obligation ofAseessmen{g.Each Owner of
any Lot,by acceptance of a deed for the Owner's Lot,whether or not it shall base expressed in such
deed,covenants and agrees to pay to the Association the following assessments(collectively the
"Assessments");
A. Annual Assessments:
B. Special Assessments for Capital Improvements;
C. Insurance Assessments;
D. Ad Valorem Tux Assessments;and
E. Working Capital Assessments.
The Assessments, together with interest, costs and reasonable attorney's fees,shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the Assess-
ments are made.Each such Assessment,together with interest,costs and reasonable attorneys fees,
shall also he the personal obligation of thc person who was the Owner of such Lot at the time when
the Assessment fell due.
SECTION 2. F sc of anus! Assessmo a. The Annual Assessments levied by the
Association shall be used exclusively to promote the recreation,healthy safely and welfare of the
Owners and residents of the Property and Additional Property and for the improvement and
4

Mali 28 08 11t49a Rae Pc 19102512208 p. 6
Inat t 326677 Book 2375Pace_ 733.
maintenance of the Common Areas and any Limited Common Areas.The funds arising from said
assessments or charges may be used for any or all of the following purposes: operations,
maintenance and improvement of the Common Areas,and any Limited Common Areas,including
payment of utilities, enforcing this Declaration, paying nixes. insurance premiums, legal and
accounting fees and governmental charges,establishing working capital, and in addition,doing any
other things necessary or desirable in the opinion of the Association to keep the Common Areas and
Limited Common Areas in good operating order and repair.
SECTION 3.Annual Assessments,Annual Assessments shall be in an amount to be fixed
from year to year by the Board of Directors which may establish different rates from year to year as
it may deem necessary for the purposes set forth in Section 2 above.The amount of the Annual
Assessment against each Lot for any given year Shall be fixed at least 30 days in advance of the
Annual Assessment period;provided,however,that the first Annual Assessment shall be sot prior
to the conveyance of the first Lot to an Owner and written notice to the Owners to he subjected
thereto shall be delivered to the Owners at or prior to the closing of their Lots.Written notice of each
Annual Assessment thereafter shall be sent to every Owner subject thereto.The due date shall be
established by the Board of Directors and the Board of Directors shall have the authority to require
the assessments to be paid in pro rata periodic installments, as the Board may in its discretion
determine.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 an a specified Lot have
been paid.
A. From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner,the Annual Assessment may be increased each year not more than ten percent
(I WA)above she Annual Assessment for the previous year without a vote of the Members,except
as herein provided.
B. From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner,the Annual Assessment may be increased above ten percent(10%)by a vote
of a majority of the Members who arc voting in person or by proxy at a meeting duly cal lad for this
purpose.
C. The Board of Directors may increase the amount of the Annual Assessment to
5200.00 per Lot notwithstanding the provisions of subparagraphs A and iB above,and thereafter the
limitations sot forth in said subparagraphs shall apply to any annual increase.
D. A Lot conveyed to a Builder by the Declarant shall be exempt from the Annual
Assessments under this Section until the earlier of six(6)months from the date of conveyance of
title of the Lot by Declarant to Builder or the date of conveyance of title of the Lot by Builder to a
third party.
SECTION 4. Spacial Assessezents for t:.anjtal Improvements. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year. a Special
Assessment applicable to the year only for the purpose of defraying,in whole or in part,the coat of
any construction,reconstruction,repair or replacement of a capital improvement upon the Common
Areas and any Limited Common Areas,including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of a majority of the Members who arc voting
in person or by proxy at a meeting duly called for this purpose.
SIiCI'ION 5. Insurance Assesianc ut.All premiums on insurance policies purchased by the
Board of Directors or its designee pursuant to Article III and any deductibles payable by the
Association upon loss shall be a common expense,and the Association may in any assessment year
levy against the Owners equally an"Insurance Assessment",in addition to the Annual Assessments
provided for under Section 3 above,which WW1 be in an amount sufficient to pay the annual cost
of all such deductibles and insurance premiums not included as a component of the Annual
A.ssessme nt.Such assessment shall not be subject to the 10%limitation set out in Section 3A and
3I3 of this Article IV.
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the
Common Areas,ifany,shall be a common expense,and the Association may in any assessment year
w 5

Flats 28 08 11:49a Rae Po 19102512208 p.7
In:rt Il 32GG77 Book 2375Page: 732
levy against the Owners equally an "Ad Valorem Tax Assessment",.in addition to the Annual
Assessments provided for under Section 3 above,which shall be in en amount sufficient to pay such
ad valorem taxes in such year not included as a component of the Annual Assessment. Such
assessment shall not be subject to the I0%limitation set out in Section 3A and 3B of this Article IV.
SECTION 7. W•siting.Capital Assessments.At the time title to a Lot is conveyed to in
Owner by Declarant,the Owner shall pay to the Association as working capital an amount equal to
two months'assessments.Such funds shall be used solely for initial operating and capital expenses
of the Association such as prepaid insurance,supplies,and furnishings,fixtures and equipment for
the Common Areas,etc.Amounts paid into the working capital fund are net to be ounsidored as
advance payment of the Annual or any other assessments.Any working capital funds remaining tiler
the last Lot has been sold by Declarant shall be transferred to and become part of the general funds
of the Association,in the discretion of the Board of Directors.
SECTION 8. aaushane. At the time a Lot is conveyed to a purchaser or third party,the
purchaser or third party must pay the transfer fee then in effect to the Association. The initial
transfer fee shall be seventy-five dollars(S75.00).This section applies to conveyances of a Lot(s)
by the Declarant to a purchaser or third party(except for conveyances to a Builder provided the
Builder will be required to pay a Transfer Fee in the event the Builder retains ownership of the Lot(s)
for more than one year)as well as all subsequent conveyances of the Lot(s)by an Owner to a
purchaser or third party.
SECTION 9. Notice and Ouorwn Isar AnyAction Authorized Jimogazaggsl
Written notice of any meeting called for the purpose of taking any action authorized under lion
3 and 4 shall bo sent to all Members not less than thirty(30)days nor more than sixty(60)days'm
advance of the meeting.At the first such meeting called,the presence of Members or of proxies
entitled to cast fifty percent(50%)of all votes of each class of Membership shall constitute a
quorum. The required quorum at the subsequent meeting shall be one-half(1/2)of the required
quorum at the preceding meeting.No such subsequent meeting shall be held more than sixty(60)
days following the preceding meeting.
SECTION 10.Uniform Rath of Aasessmcnt'l'he Assessments must be fixed at a uniform
rate for all Lots and may be collected on a monthly basis,
SECTION 11.cipmmencementt elAasqesolgen. Assessments for oath Lot shall commence
upon the date of acceptance by an Owner of a died from Declarant.
SECTION 12. )rffoctofNonpayr,lent ofAssessmentsandRemedicsoftheAssociation.Any
Assemment or installment thereof not paid within thirty(30)days after the due date shall bear
interest from the due date at twelve percent(12%).The Association may bring nr,action at law
against the Owner personally obligated to pay the same.or foreclose the lien against the Owner's
Lot in the same manner as a deed of trust under power of sale as allowed under North Carolina Law.
No Owner may waive or otherwise escape liability fbr the Assessments provided for herein by non-
use of the Common Area or abandonment of his Lot. All unpaid installment payments of
Assessments shall become immediately duo and payable if an Owner fails to pay any installment
within the time permitted.
SECTION 13. ,subordination Of'[hc Lien To Wilma The lien of the Assessments
provided for herein shall be subordinate to the lien of any first mortgage.Sale or transfer of any Lot
shall not affexsi the Assessment lien.However,the sale or transfer of any Lot pursuant to mortgage
foreclosure Or any proceeding in lieu thereof,shall extinguish the lien of such Assessments as to
payments which became duo prior to such sale or transfer.No sale or transfer shall relieve such Lot
from liability fur any Assessments thereafter becoming due or from the lien thereof.
ARTICLE V
RIGHTS OF DEVFLO DagyRLOPI;)t CbN7' ,,
The Declarant shall have and there is hereby reserved to the Declarant,the following rights,
powers and privileges which shall be in addition to any other rights,powers and privileges reserved
to the)declarant herein:
6

itlat 28 08 11 : 50a Rae Po 19102512208 p.8
trot 11 326677 Book 2375Page: 733
SECTION 1.Tha Ascociation/Periodpf Declaran(control.All the powers and duties of the
Board of Directors of the Association may be exercised by the Deolarant,and the Declarant shall
appoint all members of the Board of Directors:,until such time as ninety percent(90%)of the Lots
within the Development have been sold or conveyed by the Declarant to purchasers(the"Decltrant
Control Period").Management and control can he voluntarily transferred by Declarant to the Owners
at any time.
SItCT1ON 2.illarchitecturnlcontrol Coma uee. All duties and responsibilities conferred
upon the Architectural Control Committee by this Declaration or the By-laws of the Association
shall be exercised and performed by the Declarant or its designee,so long as Declarant shall own
any Lot within the Property or any Additional Property, Thereafter,the Architectural Committee
shall be as designated in Article VI,Section I,
SECTION 3.plan of Development. The right to change,alter or redesignate tho allocated
planned,platted,or recorded use or designation of any of the lands constituting the Development(so
long as the Declarant retains title to said lands)including,but not limited to,the right to Change,alter
or redesignate road,utility and drainage facilities and easements and to change,alter or redesignate
such other present and proposed amenities or facilities as may in the sole judgment and discretion
of Declarant be necessary or desirable,The Declarant hereby expressly rosarvca unto itself,its
successors and assigns, the right to re-plat any one(1)or more Lots shown on the plat of any
subdivision of the Property or Additional Property in order to create one or more modified Lots;to
further subdivide tracts shown on any such subdivision plat into two or more Lots;to recombine one
or more tracts or Lots or a tract and Lots to create a larger tract;to eliminate from this Declaration
Lots that arc not otherwise buildable or arc needed fOr access or are needed for use as private roads
or access areas,and to take such steps as arc reasonably necessary to make such re-platted Lots or
tracts suitable and fit as a building site or access area or roadway.
slicn ON 4.ArecridmentsfDeelaratittont.ThisDeclarationmayheamended
by the Declarant,or the Board of the Association,as the case may be,as follows:
A. In any respect,prior to the sale of the first Lot.
B, To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting,typing or reproduction.
D. To qualify the Association or the Property and Additional Property,or any portion
thereof,for tax exempt status,
E. To include any platting change as permitted herein,
F. To conform this Declaration to the requirements of any law or governmental agency
having legal jurisdiction over the Property or any Additional Property or to qualify the Property or
any Additional Property or any Lots and improvements thereon for mortgage or improvement loans
made,insured or guaranteed by a governmental agency or to comply with the requirements of law
or regulations of any corporation or agency belonging to,sponsored by,or under the substantial
untrol of the United States Government or the State of North Carolina,regarding purchase or fiale
of such Lots and improvements,or mortgage interests therein,as well as any other law or regulation
relating to the control of property,including,without limitation,ecological controls,construction
standards,aesthetics,and mattes affecting the public health,safety and general welfare.A letter
tiorn an official of any such corporation or agency,including, without limitation, the Veterans
Administration,U. S. Department of Housing and Urban Development,the Federal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such corporation or agency shell be sufficient evidence of the approval of such
comet:Ilion or agency,provided that the changes made substantieily conform to such request or
suggestion. Notwithstanding anything else herein to the contrary,only the Declarant,during the
Declarant Control Period,shall be entitled to amend this Declaration pursuant to this Section 4,F.
7

May 28 08 11 :50a Rae Pc 19102512208 p.9
1nzt Il 326677 nook 237SPaget 734
ARTICLE VI.
USE RESTRICTIONS ANT)ARC RITE TUIRAL COJt5ROI,
SECTION 1.Iiuildine and Siteimrn-overncrg.No dwell ling,wall or other structure,including
fences, shall bo commenced,erected,or maintained upon any Lot,nor shall any exterior addition
to or change in or alteration therein(including painting or repainting of exterior surflaces)be made
until the plans and specifications showing thc nature,kind,shape,heights,materials,colors and
location of the same shall have been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding Structures and topography by thc Declarant,or its
designee,or,after the sale of all Lots by Declarant.by the Board of Directors of the Association,or
by an Architectural Control Committee composed of three(3)or more representatives appointed by
the Board.In the event the Declarant,or its designee,or,if applicable,the Hoard,or the Architectural
Control Committee,falls to approve or disapprove such design and location within thirty(30)days
after said plans and specifications have been submitted to it,approval will not be required and this
Article will be deemed to have been fully complied with.Adios]or approval of any such plans,
location or specification may be based upon any ground, including purely aesthetic and
environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the
Board,or Architectural Control Committee shall be deemed sufficient.One copy of all plans and
related data shall be furnished to the Declarant,the Board,or Architectural Control Committee,as
the case may be,for its records,Neither the Declarant,the Board,nor the Architectural Control
Committee shall be responsible for any structural or other defects in plans and specifications
submitted to it or any structure erected according 10 such plans and specifications.
SECTION 2.Approval of tam, Approval of building plans for any Lot is subject to the
following requirements:
A. No house plans will be approved unless the proposed house shall have a minimum
of 1000 square feet of enclosed,heated dweiling.urea.The term"enclosed,heated dwelling area"as
used in the minimum requirements shall bo the total enclosed area within a dwelling which is heated
by a common heating system;provided,however,that such term does not include garages,terraces,
decks,open porches,and like areas,
B. The building setback lines established by this Declaration arc as follows:twenty-five
(25)feet from the front boundary line of a Lot;twenty-five(25)feet from the rear boundary line of
a Lot;and seven and one-half(7,5)feet from the side boundary lines of a Lot.in order to assure that
the foregoing considerations arc given maximum effect, the site and location of any house or
dwelling or other structure upon any lot shall he controlled by and must be approved absolutely by
the Declarant,the Board,or the Architectural Control Committee,as the case may bc.
C. The exterior of all houses and other structures must be completed within twel ve(1 2)
months after the construction of same shall have commenced,except where such completion is
impossible or would result in great hardship to the Owner or builder,due to strikes,fires,national
emergency or natural calamities.
D. No structure shall be erected,altered,placed or permitted to remain on any Lot,
except ono single family dwelling not to exceed two and one-half storks in height. Provided,
however,that a storage shed shall be allowed on a lot provided it is located entirely in the rear yard
of the Lot.No gsarage apartments arc allowed.
E. All service utilities,fuel tanks,and wood piles arc to be enclosed within a wall or
plant screen of a type and size approved by the Declarant,the Board or the Architectural Control
Committee,so as to preclude the genie from causing an unsightly view from any highway.street or
way within the subdivision, or from any other residence within the subdivision. All mail and
newspaper boxes shall be uniform in design.Design for mail and newspaper boxes shall be ibmished
by Declarant.}ones shall be permitted on any Lot;provided,however,that the design and materials
of any fence arc approved by the Declarant,the Board,or the Architectural Control Committee,as
the case may be,and provided further,that no fence shall be over six foot in height or forward of a
point located five(S)feet to the rear of the front elevation of the dwelling on the Lot,Clothes lines
arc not permitted on any Lot.
8

Mai 28 08 11 :50a Rae Po 19102512208 p. 10
Yost t 32t:677 Book 237`�'a! t 735
P. Off street parking for not less than two(2)passenger automobiles must be provided
on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and
the driveways thereto shall be constructed of concrete,brick,asphalt,or turf stone,or any other
material approved by Declarant,the Board or Architectural Control Committee.Said parking areas
must have a width that can accommodate at least two(2)passenger automobiles parked Ride by side
in the parking area.
G. Sidewalks must be Constructed on each Lot.Said sidewalks shall be constructed of
a material approved by Declarant,the Board,or Architectural Control Committee.Sidewalks must
be three and one-half(3.5)feet in width and shall be constructed at the front of each Lot.If a Lot is
a corner Lot,sidewalks must be constructed on the sides ofthc Lot which border the adjacent streets.
SECTION 3.) nd Usc and BuildipgJ pg,No Lot shall bc used for any purpose except for
residential purposes.All numbered Lots arc restricted for construction of single family dwellings
only, Different and amended land use restrictions and architectural control guidelines may be
established for Additional Property added to the Development by Declarant:provided,however.that
no Lot may be used for other than single family dwellings except pursuant to approval of the
Members in accordance with this Declaration.
SECTION 4,nuisances.No noxious or offensive Activity shall be Carried on upon any Lot,
nor shall anything bc done thereon which may be or may become an annoyance or nuisance to the
neighborhood.'There shall not bc maintained any plants or animals,nor device or thing of any sort
whose normal activities or existence are in any way noxious,dangerous,unsightly,unpleasant or
other nature as may diminish or destroy the enjoyment ofothcr Lots by the Owners thereof:It shall
be the responsibility of each Owner to prevent the development of any unclean,unsightly or unkepl
condition of buildings or grounds on the Owner's Let which would tend to substantially decrease
the beauty of the neighborhood as a whole or the specific area.
SECTION 5. Lel Maintenance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles,or unsightly growth or objects.In the event the Owner fails to do so,then,
after thirty days notice from the Architectural Control Committee,the Association or its designee
may enter upon the Lot and remove the same at the expense of the Owner,and such entry shall not
be deemed a trespass,and in such event a lien shall arise and he created in favor of the Association
for the MI amount of the cost thereof chargeable to such Lot,including collection coats and such
amounts shall be due and payable within thirty(30)days eel the Owner is billed therefor.Such lien
shall be enforceable by Court proceedings as provided by law for enforcement aliens.
SECTION 6. Ieyrrtry Structures, No structure of a temporary character, trailer,
bnxnment,tent,shack,garage,barn or other outbuilding shall be used on any Lot any time as a
residence either temporarily or permanently without the written consent of the Association or its
designee:provided,however,that this shall not prevent the Declarant.its designees or assigns from
sivaintaining a construction trailer or office on any pan of the Development until the oonstruction of
dwellings on all Lots is completed.
sEcrioN 7. YOjetes1Boats.No boat,motor boat,camper,trailer,motor or mobile homes,
trtictorftrailer,or similar type vehicle,shall he permitted to remain on any Lot or on any street at any
time, without the written consent of the Association or its designee,provided,however,such a
vehicle or boat may remain on a loot so long as the vehicle or boat is not visible from the street.No
inoperable vehicle or vehicle without current registration and insurance,will be parmitted on any
Lot,street or Common Area.The Association shall have the right to have all such vehicles towed
away at the owner's expense.No repairs to any vehicle may be made on streets or in driveways but
only in garagm or other areas and not visible from the street.
SECTION R. Animals. No animals, livestock or poultry of any kind shall he kept or
maintained on any Lot or in any dwelling except that dogs,cats or other household pets may be kept
or maintained provided that they are not kept or'maintaincd for commercial purposes and provided
further that they arc not aIlowel to run free,are at all times kept properly leashed or under the rule
of their owner and do not become a nuisance to the neighborhood.
9

Many 28 08 11 :50a Rae Po 18102512208 p. 11
Inst A 326677 Book 2375L'agc: 73G
SECTION 9. $tatuary.Television Satellite Dishes andAntennas. No yard statuary or TV
satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas
shall be erected on any Lot or dwelling unit unless and until permission for the same has boon
granted by the Board of Directors of the Association or its Architectural Control Cm:mince.
SECTION 10. Exterior Litthti.All light bulbs or other lights installed in any fixture located
on the exterior of any building or any 1.ot for the purpose Of illumination shall be clear,white or non-
frost lights or bulbs.
SECTION 11.) antltitrsaning.Prior to initial occupancy of the residence constructed on each
Lot,the front yard area of such Lot must be sodded;provided,however,that any areas to be used
as planting beds for trees and shrubs need not be sodded so long as such beds are planted prior to
initial occupancy of the Lot.The Declarant,the Board or the Architectural Control Committee,as
the case may be,may on account of adverse weather conditions or for other good cause shown
permit such landscaping to be done within a period of six months after initial occupancy ot'the
residence.
SECTION 12. Siena. No signs shall be permitted on any Lot or in the Common Areas
without permission of the Board of Directors, except that a sign conforming to any applicable
governmental sign ordinance may be displayed by the owner of any Lot for the purpose of
advertising that said Lot is for sale,provided the sign shall not be larger than 2X3 feet.
SECTION 13. Alterations. No person shall undertake,cause,or allow a,ny altcr;ition or
construction in or upon any portion of the Common Areas except the direction or with the express
written consent of the Association.
SECTION 15. Subdividing.Subject to the provisions of Article V hereof,no Lot shall be
subdivided,or its boundary linos changed except with the prior written consent of the Declarant
during the period of Declarant control of the Association and thereafter by the Board of Directors
of the Association,
ARTICLE VII.
ANNEXATION OF ADDITIONAL PROPERTY
SECTION J.Declarant may annex to and make a part of the Development any other real
property which Declarant now owns or which Declarant may hereafter acquire or develop(the
"Additional Property'),us follows;
A. Except as provided in subparagraph 13,below,annexation of Additional Property to
the Development shall require the extent of a majority of the Members who are voting in person or
by proxy at a meeting called for this purpose,written notice of which shall be sent to all Members
not less than 30 days nor more than 60 days in advance of the meeting.
13. Additional property contiguous to the Development may be annexed to the
Development by the Declirrent or its successor at any time through December 31,2010 without the
assent of the Members so long as the Additional Property can be used only for residential purposes
and related facilities usually appurtenant to residential developments, recreational facilities and
Common Areas,
SECTION 2_ Annexation of Additional Property shall occur upon the recording, in the
Oflice of the Register of Deeds for the county where the Additional Proporty is located,of(i)a
subdivision plat for the Additional Property and (ii)a supplemental declaration stating that the
Additional Property is main a part of the Development and is subject to this Declaration.Upon
recording of such plat and supplemental declaration,the Additional Property shall become fully
subject to the tams of this Declaration,except to the extent that pursuant to Article V,Section 4
hereof,the Declarant amends the applicability of this Declaration to the Additional Property.
10

May 28 08 11 :50a Rae Pc 19102512208 p. 12
Inst 1326677 nook 2375Prage; 737
ARTICLE ViII.
GENERAL PROVISIONS
SECTION l. $nforcement.The Association,or any Owner,shall have the right to enforce.
by any proceeding at law or in equity,all restrictions.conditions,covenants,reservations.liens and
charges now or hereafter imposed by the provisions of this Declaration.Failure by the Association
or by an Owner to enforce any covenant or restriction herein contained shall in no event he deemed
a waiver of-the right to do so thereafter.
SECTION 2. Enforcement otryormwater Runoff Regulations. No more thar12,800 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(the"Hunt Upon Area").All Lots shall be graded so that
two thirds of the Lot area drains to the abutting stooge).Thc covenants contained in this section arc
intended to insure continued compliance with stormwater runoff rules adopted by the State of North
Carolina and, therefore,may be enforced by the State of North Carolina, Any Owner may in
accordance with applicable governmental regulations borrow from another Owner any Built Upon
Area which is not being utilized by the other Owner.Such transaction need not be approved by any
Owners,other than those involved in the transaction,by the Declarant or by the Association.
A. Swalcs shall not be filled in,piped,or altered except as necessary to provide driveway
crossings.
B. Built-upon area in excess of the permitted amount requires state stormwater
management permit modification prior to construction.
C. All permitted runofffrom out parcels or future development shall be directed into the
permitted stormwater control system. These connections to the stormwater control system shall
perform in a manner that maintains the integrity and performance of the system as permitted_
D. The Stormwater RunoffRegulations of this section shall not be amended Or modified
without the written approval of the North Carolina Department of Environment and Natural
Resources.
SF.CTiON 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
SECTION 4_ Lots $pl;ject to beeleration, All present end future Owners, tenants and
occupants of Lots and their guests or lnvitprs, shall be subject to, and shall comply with the
provisions of the Declaration, and as the Declaration may be amended from time to time, The
acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of
any Lot shall constitute an agreement that the provisions ofthe Declaration arc accepted and ratified
by such Owner,tenant or occupant.The covenants and restrictions ofthis Declaration shall inure to
the benefit of and be enforceable by the Association,or the Owner of any Lot,their respective legal
representatives,heirs,successors and assigns,and shall run with and bind the land and shall bind any
person having at any time any interest or estate in any Lot,as though such provisions were made a
part of each and every deed of conveyance or lease,for a term of twenty(20)years from the date this
Declaration is recorded,afterwhich time they shall be automatically extended for successive periods
of ten(10)years.
SECTION 5. Amendment of Declaration. Except as provided elsewhere herein, the
covenants and restrictions ofthis Declaration may be amended only by an instrument duly recorded
in the Office of the Register of Deeds of the county where the Development is located,executed by
the duly authorized officers of the Association upon the vote of ao1 less than a majority of the Lot
Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements,as herein provided,or affect any lien for the payment thereof
established herein.la no event may the Declaration be amended so as to deprive the Declarant of any
rights herein granted or reserved unto Declarant.
1a

May 28 08 11 :50a Rae Pc 19102512208 p. 13
Trust t 326677 Hook 2375Page: 138
IN WITNESS WHEREOF,the Declarant has caused this Declaration to he executed in its
corporate name by its duly authoriietd Members/Managers this the 13 day of April,2006.
LENA SPRINGS,LLC,a North Carolina limited
Iiabiloom.,•
ill
BY: `A ,. (SEAL)
Mi J .
.• g, anagcr
tI
BY: .1 (SEAL)
Art.Rinks ill,Mane
BY: d - _„_(SISAL)
Terry Vitt Manager
STATE OF NOlel l i CAROLINA
COUNTY OF Nk-w ,Jov
I._ t, , a Notary Public in and for said County and State,do
hereby ccrtii'y that, e — pemonally came before me this day and acknowlcdzod
that he is a manager of LENA SPRINGS.LLC,a limited liability company which is a the limited
liability company described in and which executed the foregoing instrument;that he executed said
instrument in the limited liability company name by subscribing his name thereto.
WITNESS my hand and notarial steal,this the L day(A/ of April,
�2006, �/. �S ty.,y�'.;;; .k '•'.,,,
e.
C N 7
Nott Public t I '�..
•
s.y I4td45,k..
My commission expires;j o-i 7- o w..y. r •,•
0.yG
STATE OP NORTH CAROLINA
COUNTY OF Ss.) i16VIS
I. Inn 1 _ a Notary Public in and fur said County and State,du
hereby certify that_ �—(K;C 1a17_personally came before me this day and acknowledged
that he is a manager of LENA SPRINGS,LLC,a limited liability company which is a the limited
liability company described in and which executed the foregoing instrument;that he executed said
instrument in the limited liability company name by subscribing his name thereto.
WITNESS my hand and notarial seal,thi re,day of Ap ,2006.
Not* Public;
My commission expires:.&I f`1()i "cc,clulnng/4,,
0.0 4
%,05
4," n,I,i,IC„`�c�.
4,

lay 28 08 11 :51a Rae Po 19102512208 p. 14
STATE OP NORTH CAROLINA Toot 11 326677 Book 2375Vz e: 739
COUNTY Or t.IFW Aat,iaucfc
1. CY a^1�--- O , a Notary Public in and for said County and State,do
hereby ccr certify ,4--rt personally cane before meads day and acknowledged
that he is a manager of LE A SPRINGS,LLC,a limited liability company which is a the limited
liability company described in and which executed the tbregoing instrurn t;that he executed said
instrument in the limited liability company name by subscribing his name thereto,
WITNESS my hand and notarial scal,this the„j3 day of April,200(,.
•
Notb Public 't .10.E..r_ �,
Mycommission expires; 0- 1 �� '���N.
rq�1 1'1-d rJ'�`�'r''�