SW8130412_Current Permit_20220404

"Wiz
ROY COOPER AV-1: 3° + ,;
Grp �� n
ELIZABETH S.BISFR
--
BRIAN WRENN NORTH CAROLINA
D. EttotronmentalQuotay
April 4,2022
D.R.Horton,Inc.
Attn: Mr.Bradford Brundage,Vice-President
1341 Horton Circle
Arlington,TX 76011
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No.SWS 130412
Hawkeswater at the River
Brunswick County
Dear Mr.Brundage:
The Division of Energy,Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on March 7,2022. The Division is hereby notifying you that permit SW8130412 has been
renewed,updated,and re-issued on April 4,2022,as attached.Please be aware that the renewal and re-issuance of
this stormwater permit does not imply that the site is currently in.compliance.
This permit shall be effective until April 30,2029 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements;it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division.
If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request
an adjudicatory hearing by filing a written petition with the Office ofAdministmtive Hearings(©AH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000,or visit their website at www,NCOAH.com.Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit,please contact Ashley Smith in the Wilmington Regional
Office,at(910)796-7215 or ashleynx.smith(cncdenr.gov.
Sincere ......_&
ly,
tY07.Brian Wrenn,Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
;Attachment B— Area his
Attachment C—Permitting History
Renewal Application Documents
DES/ams: \\\Stormwater\Pcrmits&.Projects120131130412 HD\2022 03 permit 130412
cc: Wilmington Regional Office Stormwater File
North Carolina Department of Errvironmentof Qualtty I Division ofEnergy..ltWneral and Land Resources
r+o i Wilmington Regional-Office 1127 Cardinal Drive Extension I Sri,North Carolina 25405
ueceta 910.796.7215

Post-Construction Stormwater Management
Permit No. SW8 130412
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION 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
DR Horton, Inc.
Hawkeswater at the River
NC 133, Belville, Brunswick County
FOR THE
construction, operation and maintenance of ten (10) wet detention ponds in compliance with the
provisions of 15A NCAC 2H .1000, as specified in Attachment B. These rules are hereafter referred
to as the "stormwater rules"and as outlined in the application, approved stormwater management
plans, supplement, calculations, operation and maintenance agreement, recorded documents,
specifications, and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these
approved plans and specifications. The approved plans and specifications are incorporated by
reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until April 30, 2029 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until
the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
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 Attachment B.
3. The runoff from all built-upon area within the permitted drainage areas of this project must be
directed into the permitted stormwater control system.
Page 1 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
4. The tract will be limited to the maximum square footage documented in Attachment B. The wet
ponds designated and identified in Attachment B and have been designed to treat the runoff
from the impervious surfaces as illustrated in said table.
5. The design elements specified in Attachment B have been permitted for this wet detention
pond stormwater facility, and must be provided in the system at all times.
II. SCHEDULE OF COMPLIANCE
1. 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 DEMLR, and responsibility for
meeting the built-upon area limit is transferred to the individual property owner.
2. 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.
3. 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.
4. 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.
5. 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.
6. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or#57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
7. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
Page 2 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
8. Project Certification:
a. Phase III, Pond 4 & Pond 6, (2017 Rules): Upon completion of the project, the
permittee shall determine if the project is in compliance with the approved plans and
take the necessary following actions:
i. If the permittee determines that the project is in compliance with the approved
plans, then within 45 days of completion, the permittee shall submit to the
Division one hard copy and one electronic copy of the following:
1. The completed and signed Designer's Certification provided in
Attachment A noting any deviations from the approved plans and
specifications. Deviations may require approval from the Division;
2. A copy of the recorded operation and maintenance agreement;
3. Unless already provided, a copy of the recorded deed restrictions and
protective covenants; and
4. A copy of the recorded plat delineating the public rights-of-way,
dedicated common areas and/or permanent recorded easements, when
applicable.
ii. If the permittee determines that the project is not in compliance with the
approved plans, the permittee shall submit an application to modify the permit
within 30 days of completion of the project or provide a plan of action, with a
timeline, to bring the site into compliance.
b. All Other Ponds (Rules per Attachment B): Upon completion of construction, prior to
issuance of a Certificate of Occupancy, and prior to operation of this permitted facility,
the permittee shall cause a certification from an appropriate designer for the system
installed to be submitted, 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. A modification may be required for those deviations.
9. 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.
10. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. 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.
11. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
12. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
Page 3 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
13. 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 130412, as issued by the DEMLR
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, DEMLR.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the DEMLR.
f. The maximum built-upon area per lot is as shown in Attachment C. This allotted
amount includes any built-upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area has the same meaning as G.S. 143-214.7, as amended.
g. 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.
h. Built-upon area in excess of the permitted amount will require a permit modification.
14. 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.
15. 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 these ponds can be found in
Attachment B.
III. GENERAL CONDITIONS
1 CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on-site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2 PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
Page 4 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on-site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made.
Page 5 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed and reissued this the fourth day of April, 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
jr_kci
Brian Wrenn, irec or
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
Attachment A— Designer's Certifications
Hawkeswater at the River Page 1 of 2
Stormwater Permit No. SW8 130412
Brunswick County
Designer's Certification: Phase 1 (Ponds 1, 2, 3) and Phase 3 (Ponds 1, 2, 3, 5, 7)
I, , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 7 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-
upon area.
3. All the built-upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Wilmington Regional Office
Brunswick County Building Inspections
•
Page 8 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
Hawkeswater at the River
Stormwater Permit No. SW8 130412
Brunswick County
Phase 3 (Ponds 4, 6)
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my
signature below, that the project meets the below listed Final Submittal Requirements found in NCAC
02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and
specifications on file with or provided to the Division.
ACheck here if this is a partial certification. Section/phase/SCM #?
Check here if this is part of a Fast Track As-built Package Submittal.
Printed Name Signature
I, , a Notary Public in the State of
County of , do hereby certify that
personally appeared before me this day of , 20
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
r Permittee's Certification NCAC .1042(4) Completed/ 1 WA
Provided
A. DEED RESTRICTIONS I BUA RECORDS
1. The deed restrictions and protective covenants have been recoiled Y or N
and contain the necessary language to ensure that the project is
maintained consistent with the stormwater regulations and with the
permit conditions.
2. A copy of the recorded deed restrictions and protective covenants has Y or N
been provided to the Division.
3. Records which track the BUA on each lot are being kept. (See Note Y or N
1)
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection,maintenance and'repair. Y or N
2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS
1. The SCMs and the components of the runoff collection/conveyance Y or N
system are located in recorded drainage easements.
2. A copy of the recorded plat(s)is provided. Y or N
Page 9 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
r--D--
. SINGLE FAMILY RESIDENTIAL LOTS-Plats for residential lots I y or R1
that have an SCM include the following:
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is required to meet stormwater regulations and
that the lot owner is subject to enforcement action as set forth in Y or N
NCGS 143 Article 21 if the SCM is removed,relocated or altered
without prior approval.
OPERATION A $MAINTENANCE GREEM. r Y oo N
1. The O&M Agreement is referenced on the final recorded plat. Y or N
2. The O&M Agreement is recorded with the Register of Deeds and Y or N
appears in the chain of title.
T. OPERATION AND MAINTENANCE PLAN—maintenance record '
are being kept in a known set location for each SCM and are available for Y or N I I
review.
4G. DESIGNER'S CERTIFICATION FORM—has been provided to the Y NI
Note 1-Acceptable records include ARC approvals, as-built surveys, and county tax records.
Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach
additional sheets as needed.
Page 10 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
Hawkeswater at the River
Stormwater Permit No. SW8 130412
Brunswick County
Phase 3 (Ponds 4, 6)
AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I
have observed the construction of the project named above to the best of my abilities with all due care
and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in
accordance with the permit documents, plans and specifications on file with or provided to the
Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules
and statutes has been preserved.
Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is a part of a Fast-Track As-Built Package Submittal per.1044(3).
Check here if the designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed '
Name Signature_
NC Registration
Number Date
Consultant's Mailing Address:
SEAL:
City/State/ZIP
Phone Number
Consultant's Email address:
O Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation on Page 2.
OO N/E = not evaluated (provide explanation on page 2) OO N/A= not applicable to this SCM or project.
r Consultant's Certification NCAC .10O3( }&General MDC )
.1050 (?,As-wilt ZN/E + JN/A
:A. TREATMENT REQUIREMENTS
1. The SCM achieves runoff treatment. Y or N
2. The SCM achieves runoff volume match. Y or N
3. Runoff from offsite areas and/or existing BUA is Y or N
bypassed.
4. Runoff from offsite areas and/or existing BUA is directed Y or N
into the permitted SCM and is accounted for at the full
build-out potential.
5. The project controls runoff through an offsite permitted Y or N
SCM that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project Y or N
has been accounted for at the appropriate design storm
level.
7. The SCM(s)meets all the specific minimum design Y or N
criteria.
B. VEGETATED SETBACKS 1 BUA
1 The width of the vegetates(setback has been measured Y or N
from the normal pool of impounded waters,the MEW
Page 11 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
line of tidal waters, or the top of bank of each side of
rivers or streams.
2. The vegetated setback is maintained in grass or other Y or N
vegetation.
3. BUA that meets the requirements of NCGS 143-214.7 Y or N
(b2)(2) is located in the setback.
4. BUA that does not meet the requirements of NCGS 143- Y or N
214.7 (1)2)(2) is located within the setback and is limited
to:
a. Publicly funded linear projects (road, greenway
sidewalk)
b. Water-dependent structures
c. Minimal footprint uses (utility poles, signs, security
lighting and appurtenances)
5. Stormwater that is not treated in an SCM is released at Y or N
the edge of the setback and allowed to flow through the
setback as dispersed flow.
C)As-bum- (NIE ()NIA
STORMWATER OUTLETS—thoutlet handles the peak i Y 1\1
flow from the 10 year storm with no downslope erosion. !'! _
D. VARIATIONS
1. A variation(alternative) from the stormwater rule Y or N
provisions has been implemented.
2. The variation provides equal or better stormwater control Y or N
and equal or better_protection of surface waters.
E~ COMPLIANCE WIT 0711 ER 1 GULATOR'I'—
PROGRAMS has been met. i Y or N
I F. SIZING -the volume of the SCM takes the runoff from all
surfaces into account and is sufficient to handle the required Y or N
storm depth.G. CONTAMINATED SOILS—infiltrating SCM's are not _Vor N
located in or on areas with contaminated soils.
Tr-SIDE SLOPES
1. Vegetated side slopes are no steeper than 3H:1V. Y or N
2. Side slopes include retaining walls, gabion walls, or Y or N
other surfaces that are steeper than 3H:1V.
3. Vegetated side slopes are steeper than 3H:1V (provide Y or N
supporting documents for soils and vegetation).
I. EgosieeN PRfoTF-cT1 --
1. The inlets do not cause erosion in the SCM. Y or N
2. The outlet does not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10 year
storm.
IFLOWS—An overflow I bypass has been Y or N
provided.
K. DEWATERING —A method to drawdown standing water— or N
has been provided to facilitate maintenance and inspection. "
L. CLEANOUT AFTER CONSTRUCTION—the SCM has Y or N
L been cleaned out and converted to its approved design state.
Page 12 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
r M.MAINTENANCE ACCESS I
1. The SCM is accessible for maintenance and repair. Y or N
2. The access does not include lateral or incline sloes>3:1. Y or N
N. DESIGNER QUALIFICATIONS(FAST-TRACK
I PERMIT) The designer is licensed under Chapters 89A, Y gar N '
I 89C. 89F. or 89F of the General Statutes.
Provide an explanation for every MDC that was riot met, and for every item marked "N/A" or"N/E",
below. Attach additional pages as needed:
Page 13 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
Hawkeswater at the River
Stormwater Permit No. SW8 130412
Brunswick County
Phase 3 (Ponds 4, 6)
AS-BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT
I hereby state that I am a licensed professional and I certify by my signature and seal below, that
have observed the construction of the project named above to the best of my abilities with all due care
and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with
the permit documents, plans and specifications on file with or provided to the Division, except as
noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules and the general
statutes has been preserved.
_ Check here if this is a partial certification. Section/phase/SCM #?
_ Check here if this is part of a Fast-Track As-Built Package Submittal per .1044(3).
_ Check here if the Designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed
Name Signature
NC Registration Number Date
Consultant's Mailing Address:
SEAL:
City/State/ZIP
Phone Number
Consultant's Email address:
CI Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an explanation on
page 2
©N/E = not evaluated (provide explanation on page 2) OO N/A= not applicable to this project or SCM.
This Certification must be completed in conjunction with the General MDC certification under NCAC
02H.1050
Consultant's Certification (MDC .1053) (DAs-built ®N/E ®her"A 1
A. Forebay/Dentbs/Fountain _
1. The available Sediment storage is consistent with the Y or N
approved plan and is a minimum of 6 in.
2. Water flow over the forebay berm into the main pond Y or N
occurs at a non-erosive velocity.
3. The provided Forebay Volume is 15%-20% of the main
pool volume. Y or N
4. The Forebay entrance elevation is deeper than the exit Y or N
elevation into the pond.
5. The Average Design Depth of the main pond below the
permanent pool elevation is consistent with the permitted Y or N
value?
6. Fountain documentation is provided. Y or N
Page 14 of 15

Post-Construction Stormwater Management
Permit No. SW8 130412
7B. Sick slopes/Banks/Vegetated Shelf
1. The width of the Vegetated Shelf is consistent with the Y or N
approved plans and is a minimum of 6 feet.
2. The slope of the Vegetated Shelf is consistent with the Y or N
approved plans and is no steeper than 6:1.
C. As-built Main Pool/Areas/Volumes/Elevations I_
1. The permanent pool surface area provided is consistent Y or N
with the permitted value.
2. The Temporary Pool Volume provided is consistent with Y or N
the permitted value.
3. The permanent pool elevation is consistent with the Y or N
permitted value.
4. The temporary pool elevation is consistent with the Y or N
permitted value.
1-70As-built OWE rINJA
n_ Inlets/Outlet/Drawdown
1. The design volume draws down in 2-5 days. Y or N
2. The size of the Orifice is consistent with the permitted Y or N
value.
3. A trash rack is provided on the outlet structure. Y or N
4. Hydrologic impacts to the receiving channel are minimized Y or N
from the 1 yr 24 hr storm discharge?
5. The inlets and the outlet location are situated per the Y or N
approved plan and avoid short-circuiting. _
E. il�tgeta ion -
T. The vegetated sheirhas been planted with a minim-um- on 3 Y or N
diverse species.
2. The vegetated shelf plant density is consistent with the
approved plans and is no less than 50 plants per 200 sf or Y or N
no less than 24 inches on center.
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"N/E"
below. Attach additional pages as needed:
Page 15 of 15

Operation & Maintenance Agreement
Project Name: Hawkeswater Phase 1 Pond 3
Project Location: Brunswick County
Cover Page
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set
location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These
deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s).
The BMP(s)on this project include(check all that apply&corresponding O&M tables will be added automatically):
Bioretention Cell Quantity: Location(s):
Dry Detention Basin Quantity: Location(s):
Grassed Swale Quantity: Location(s):
Green Roof Quantity: Location(s):
Infiltration Basin Quantity: Location(s):
Infiltration Trench Quantity: Location(s):
Level SpreaderNFS Quantity: Location(s):
Permeable Pavement Quantity: Location(s):
Proprietary System Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Sand Filter Quantity: Location(s):
Stormwater Wetland Quantity: Location(s):
Wet Detention Basin Quantity: 2 Location(s): Ph. 1 (Pond#3)
Disconnected Impervious Area Present: No Location(s):
User Defined BMP Present: No Location(s):
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
*Responsible Party: Michael C.Loiacono
Title&Organization: Vice President
Street address: 1121 Military Cutoff Road,Suite C-322
City, state,zip:Wilmington,NC 28405
Phone number(s): 910-465-3167
Email: aemillsgdrhorton.com
•
Signature: Date: 03 MA Jl k
I, iAk) cLw&MJ E , a Notary Public for the State of otzOL►,)
County of FJ LU RkkkithSk. , do hearby certify that tM ICI1iEL L.ot &r)'J
personally appeared before me this I c\TH day of PA and
acknowledge the due execution of the Operations and Maintenance Agreement.
Witness m • official seal,
�� Al
N q).
2z
' (J LIG Ati .
�9a
C-
ChvLR GC
3TO$ Z My commission expires oq 7/ C
d 3/18@019
Version 1.4 O&M Manual Page 1 of 5

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
Immediately after the wet detention basin is established,the plants on the vegetated shelf and perimeter of the
- basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
_ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
_ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
basin.
_ If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical.
- Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches(or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design depth for will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health.
Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a one-time fertilizer
application to establish the ground cover if a soil test indicates it is
necessary.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
STORM-EZ 3/18/2019
Version 1.4 O&M Manual Page 3 of 5

Wet Detention Pond Maintenance Requirements(Continued)
The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design sediment will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50% Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other Remove the plants by wiping them with pesticide(do not spray).
invasive plants cover 50%of
the basin surface.
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove
beaver activity is present. beavers.
A tree has started to grow on Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
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.
STORM-EZ 3/18/2019
Version 1.4 O&M Manual Page 4 of 5

. C
Wet Detention Pond Design Summary
Net Pond Diagram
WET POND ID FOREBAY MAIN POND
Phase 1 Pond 3 Permanent Pool El. 16 Permanent Pool El. 16
Temporary Pool El: 18.6 Temporary Pool El: 18.6
Pretreatment other No Clean Out Depth: 8 Clean Out Depth: 11
than forebay? Sediment Removal El: 8 Sediment Removal El: 5
Has Veg.Filter? No Bottom Elevation: 4 Bottom Elevation: 4
WET POND ID FOREBAY MAIN POND
Permanent Pool El. Permanent Pool El.
Temporary Pool El: Temporary Pool El:
Pretreatment other No Clean Out Depth: 0 Clean Out Depth: 0
than forebay? Sediment Removal El: Sediment Removal El:
Has Veg.Filter? No Bottom Elevation: 0 Bottom Elevation:
STORM-EZ
3/18/2019
Version 1.4 O&M Manual Page 5 of 5

.-
Operation & Maintenance Agreement
Project Name: Hawkeswater Phase 3 Pond 2
Project Location: Brunswick County
Cover Pare
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set
location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These
deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s).
The BMP(s)on this project include(check all that apply&corresponding O&M tables will be added automatically):
Bioretention Cell Quantity: Location(s):
Dry Detention Basin Quantity: Location(s):
Grassed Swale Quantity: Location(s):
Green Roof Quantity: Location(s):
Infiltration Basin Quantity: Location(s):
Infiltration Trench Quantity:_ Location(s):
Level SpreaderNFS Quantity: Location(s):
Permeable Pavement Quantity: Location(s):
Proprietary System Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Sand Filter Quantity: Location(s):
Stormwater Wetland Quantity: Location(s):
Wet Detention Basin Quantity: 1 Location(s): Ph. 3 Pond 2
Disconnected Impervious Area Present: No Location(s):
User Defined BMP Present: No Location(s):
CLICK TO UPDATE O&M MANUAI
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
* Responsible Party: Brad C Brundage
Title&Organization:
Street address: 1121 Military Cutoff Road,Suite C-322
City, state, zip:Wilmington, NC 28405
Phone number(s): 910-465-3167
Email: [e-mail]
Signature: /A1.I( Date: C%)G'-/9
I, �'Y a .44, , a Notary Public for the State of,j <j 'L
Y certify
County of ( i , do hearbthat -Trek G( ;( C 1 viA.f'l.ot-
personally appeared before me this day of &L( t'if t Gl and
acknowledge the due execution of the ,per ions an ai tenance Agreement.
Witness my hand and official seal,
•rii 2 q y' KRISTINA WHALEN
``,,,) )N0TMYUSTATE0FS0WHCMOtJI . . !'"-'^.(
My Commission Expires 312212026
- AUG 2 2 2019
STOSWZ My commission expires 8/16/2019
Version 1.4 O&M Manual Page 1 of 5

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
Immediately after the wet detention basin is established,the plants on the vegetated shelf and perimeter of the
-
basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
-
basin.
If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the
- emergency drain should be minimized to the maximum extent practical.
- Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches(or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design depth for will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health.
Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a one-time fertilizer
application to establish the ground cover if a soil test indicates it is
necessary.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
STORM-EZ •
AUG 2 2 2019
8/16/2019
Version 1.4 O&M Manual . ,r Page 3 of 5

Wet Detention Pond Maintenance RequirementsjContinued)
The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design sediment will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50% Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other Remove the plants by wiping them with pesticide(do not spray).
invasive plants cover 50%of
the basin surface.
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove
beaver activity is present. beavers.
A tree has started to grow on Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
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.
•
AUG 2 2 2019
STORM-EZ 8/16/2019
Version 1.4 O&M Manual Page 4 of 5

Wet Detention Pond Design Summary
Wets Pond Diagram
WET POND ID FOREBAY MAIN POND
Pond 2 Permanent Pool El. 12 Permanent Pool El. 12
Temporary Pool El: 13.34 Temporary Pool El: 13.34
Pretreatment other No Clean Out Depth: 7 Clean Out Depth: 10
than forebay? Sediment Removal El: 5 Sediment Removal El: 2
Has Veg.Filter? No Bottom Elevation: 4 Bottom Elevation: 1
WET POND ID FOREBAY MAIN POND
Permanent Pool El. Permanent Pool El.
Temporary Pool El: Temporary Pool El:
Pretreatment other No Clean Out Depth: 0 Clean Out Depth: 0
than forebay? Sediment Removal El: Sediment Removal El:
Has Veg.Filter? No Bottom Elevation: Bottom Elevation:
vol....", _
AUG 2 2 2019
STORM-EZ 8/22/2019
Version 1.4 O&M Manual Page 4 of 4

Operation & Maintenance Agreement ---
Project Name: Hawkeswater Phase 3 Pond 4
Project Location: Brunswick County
Cover Page
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set
location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These
deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s).
The BMP(s)on this project include(check all that apply&corresponding O&M tables will be added automatically):
Bioretention Cell Quantity: _ Location(s):
Dry Detention Basin Quantity: Location(s):
Grassed Swale Quantity: Location(s):
Green Roof Quantity: Location(s):
Infiltration Basin Quantity: Location(s):
Infiltration Trench Quantity: Location(s):
Level SpreaderNFS Quantity: Location(s):
Permeable Pavement Quantity: Location(s):
Proprietary System Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Sand Filter Quantity: _ Location(s):
Stormwater Wetland Quantity: Location(s):
Wet Detention Basin Quantity: 1 Location(s): Ph. 3 Pond 4
Disconnected Impervious Area Present: No Location(s):
User Defined BMP Present: No Location(s):
CLICK TO UPDATE O&M MANUAL
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
* Responsible Party: Brad C Brundage
Title&Organization:
Street address: 1121 Military Cutoff Road,Suite C-322
City, state,zip:Wilmington, NC 28405
Phone number(s): 910-465-3167
Email: [e-mail]
Signature: ("Al/i4(c� f _ Date: Ile-If
I, 11-r 4,t..
. , I �. 1--c." , a Notary Public for the State of t®
County of \_S8V IA , do hearby certify that r t1(E et 1.. . rt,C Ad 4 4e-.�
personally appeared before me this ) - day of ditty*
S�i 1 14) and
I
acknowledge the due execution of the Op ' ti s 'd Mai tena ce Agreement.
Witness my hand and official seal, 9 m
KRISTINA WHALEN ..
M0wa11( ;,WA1EQFi imou 11
AUG 7 2
STO5Z My commission expires 8/16/2019
Version 1.4 O&M Manual Page 1 of 5

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
Immediately after the wet detention basin is established,the plants on the vegetated shelf and perimeter of the
- basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
_ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
-
basin.
If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the
-
emergency drain should be minimized to the maximum extent practical.
- Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches(or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design depth for will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health.
,Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a one-time fertilizer
application to establish the ground cover if a soil test indicates it is
necessary.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
AUG 2 2 2O$1
STORM-EZ - 8/16/2019
Version 1.4 O&M Manual Page 3 of 5

Wet etention Pond Maintenance Requirements(Continued)
The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design sediment will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50% Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other Remove the plants by wiping them with pesticide(do not spray).
invasive plants cover 50%of
the basin surface.
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove
beaver activity is present. beavers.
A tree has started to grow on Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
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.
? 9 2')1Q
STORM-EZ 8/16/2019
Version 1.4 O&M Manual Page 4 of 5

.._ a: „n ond . ...
Weft Pond Diagram
WET POND ID FOREBAY MAIN POND
#4 Permanent Pool El. 8 Permanent Pool El. 8
Temporary Pool El: 9.2 Temporary Pool El: 9.2
Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 4
than forebay? Sediment Removal El: 5 Sediment Removal El: 4
Has Veg.Filter? No Bottom Elevation: 3 Bottom Elevation: 3
WET POND ID FOREBAY MAIN POND
Permanent Pool El. Permanent Pool El.
Temporary Pool El: Temporary Pool El:
Pretreatment other No Clean Out Depth: 0 Clean Out Depth: 0
than forebay? Sediment Removal El: Sediment Removal El:
Has Veg.Filter? No Bottom Elevation: 0 Bottom Elevation: 0
AUG 2 2 2019
STORM-EZ 8/22/2019
Version 1.4 O&M Manual Page 4 of 4

Operation & Maintenance Agreement
Project Name: Hawkeswater Phase 3 Pond 4 and 6
Project Location: Brunswick County
Cover Pa!e
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set
location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These
deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s).
The BMP(s)on this project include(check all that apply&corresponding O&M tables will be added automatically):
Bioretention Cell Quantity: Location(s):
Dry Detention Basin Quantity: Location(s):
Grassed Swale Quantity: Location(s):
Green Roof Quantity: Location(s):
Infiltration Basin Quantity: Location(s):
Infiltration Trench Quantity: Location(s):
Level SpreaderNFS Quantity: Location(s):
Permeable Pavement Quantity: Location(s):
Proprietary System Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Sand Filter Quantity: Location(s):
Stormwater Wetland Quantity: Location(s):
Wet Detention Basin Quantity: 2 Location(s): Ph. 3 Pond 4 and 6
Disconnected Impervious Area Present: No Location(s):
User Defined BMP Present: No Location(s):
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
*Responsible Party: Michael C.Loiacono
Title&Organization: Vice President
Street address: 1121 Military Cutoff Road,Suite C-322 _
City, state,zip: Wilmington,NC 28405
Phone number(s): 910-465-3167
Email: [e-mail]
Signature: Date: 03�1 q// \
I, IP J 1LAnln)al. , a Notary Public for the State of
County of /)C-� I-kpiJo VS& , do hearby certify that M I C.14 i L. l o tkCo,0 V
personally appeared before me this 19 TH day of M ftR.C.k and
acknowledge the due execution of the Operations and Maintenance Agreement.
Witness m ld and official seal, EC Ertl,Z} .
7:\_14101medlikii
j
MAR 2 1 2019s
of
, FAY:
y9
'QV RIllsig CO * / /
STO$ Z My commission expires °�/a7/o2eac) 3/18/2019
Version 1.4 O&M anua Page 1 of 5

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
Immediately after the wet detention basin is established,the plants on the vegetated shelf and perimeter of the
- basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
_ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
-
basin.
_ If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical.
- Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches(or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully,and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design depth for will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health.
,Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a one-time fertilizer
application to establish the ground cover if a soil test indicates it is
necessary.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
=` MAR 21 2019
STORM-EZ f'� 3/18/2019
Version 1.4 O&M Manual Page 3 of 5
BY:

Wet Detention Pond Maintenance Requirements(Continued)
The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design sediment will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50% Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other Remove the plants by wiping them with pesticide(do not spray).
invasive plants cover 50%of
the basin surface.
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove
beaver activity is present. beavers.
A tree has started to grow on Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
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.
i)ECFFVEr...,
•
•
MAR 2 1 2019
BY:-____
STORM-EZ 3/18/2019
Version 1.4 O&M Manual Page 4 of 5

Wet Detention Pond Desi!n Summa
Net Pond Diagram
WET POND ID FOREBAY MAIN POND
#4 Permanent Pool EL 8 Permanent Pool El. 8
Temporary Pool El: 9.2 Temporary Pool El: 9.2
Pretreatment other No Clean Out Depth: 3 Clean Out Depth: 4
than forebay? Sediment Removal El: 5 Sediment Removal El: 4
Has Veg.Filter? No Bottom Elevation: 3 Bottom Elevation: 3
NWET POND ID FOREBAY MAIN POND
#6 Permanent Pool El. 6 Permanent Pool El. 6
Temporary Pool El: 7.5 Temporary Pool El: 7.5
Pretreatment other No Clean Out Depth: 4 Clean Out Depth: 5
than forebay? Sediment Removal El: 2 Sediment Removal El: 1
Has Veg.Filter? No Bottom Elevation: 0 Bottom Elevation: 0
R 21 2019
BY:
STORM-EZ 3/18/2019
Version 1.4 O&M Manual Page 5 of 5

DEMLR USE ONLY
, Date Received Fee Paid Permit Number
rIiVz2 *tr'LGoeto2 5oSit Sy)) G0412
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3', the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits arc valid for a period of 8 years per Session Law 2011-398(SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8 130412
2. Project name: Hawkeswater at the River
3. Project street address: River Rd.
City: Belville County: Brunswick ZIP :
28451
4. What, if any, changes have been made to the project as permitted? N/A
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at:https://deq.nc.gov/about/divisions/energy-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made,please complete either the Permit Update form
or the Permit Transfer form available at:httos://deq.nc.gov/about/divisions/energv-mineral-land-
resources/energv-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: D.R. Horton, Inc.
2. Signing Official's Name: Bradford Brundage
3. Signing Official's Title: Vice President
4. Mailing Address: 1341 Horton Circle
City: Arlington State: TX ZIP : 76011
5. Street Address: 131 Racine Dr.
City: Wilmington State: NC ZIP :
28403
6. Phone: [phone] Email: [e-mail]
Stormwater Permit Renewal Form Page 1 of 3 May 11,2018

r SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters)or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
BB 1. A permit application processing fee of$505.00 payable to NCDEQ.
BB 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation—a principle executive officer of at least the level of vice-president;
b. Limited Liability Company(LLC)—a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
BB 3. One hard copy and one electronic copy of recorded documents required by the original permit that have
not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
BB 4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
N/A 5. Designer Certifications, Please select one:
❑ A copy of the certification(s)confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s)confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
N/A 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
BB 7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC): Provide
one hard copy and one electronic copy of documentation from the NC Secretary of State, or other
official documentation, which supports the titles and positions held by the persons listed in Section
C.2 per 15A NCAC 2H. 1043(3)(b).
httos://www.sosnc.gov/online services/search/by title/ Business Registration
Stormwater Permit Renewal Application Form Fag::2 of 3 May 11,2018

D. PERMITTEE'S CERTIFICATION
I, i ✓it 4 r �r�,4 v�-[t' Q , the person legally responsible for the permit, certify that I have
a co of the Permit and O&M Agreemen n site(or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes tc the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct a c 93lete.
Signature: (' Date: � ;•?
NOTARIZATION: ,
I, ; -9.plr�,ln1 e. 4 W( r( Q r , a Notary Public for the State of
fT—• , County ofYYLk , do hereby certify
that c_ *ru.nc a personally appeared before me
this the day of MarQ..h , 20 cp'a , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal) a H. 60
i
Notary Signature: 46 4i- ?v,;� rotary ®a o 7
4.1.111e a _®
My commission expires '1 ` 11. laS Z(4.4 public as
��•' .irtI2 '.'�
.q oom
�>\?�So iiin t:4
Stormwater Permit Renewal Application Form Page 3 of 3 May 11,2018

cr.
..,
k.t- o
e.)
a 1 ....
)
t t.- , : •: ! ,-,
,..,
-s -...
.-:
fziii I
I ;
in
. I 1
L. c CA ,•-•
- 3 0 z• • : 't
• i - : A a.▪ 0
7 C 2 I
0 3
o 6 c
= : ! • 1 g 0 _v C t c
ili 0 1 ts; t .to B 0 t"E
al TII Q ' : ' t C •0 ,..., c 0
rli 0 0 sp.
C
B :
: , I o a) eu c
4, 3
op 4)re
g Lo
S S
, • N. : •E
! •0 € .2 0
o .c .° c 4)
o ..- -_,2•
E c
).-, c 0
CO to 2 . ,, ' a . ..... 0
Clitv3,013x=1,..,
x '6 2 ea , . c..); I .
, . N c6•0 2 c
i me c cp 2
= 0,•o- ;
1 : s, i 8 - = ..... ci, 0.,
C 0
MI .
= c
• =',
g o• ui .§ 0
9-
... t 0 S 1- • , or , -22 0 0 ,
c c c)
' CC, CD• 40-
, et i ' a, CI) .c IE .0 0 . 2 Li, i=
CO)
2 -0 .4.. ,. .. 1: ow , a ?a••••• -0 0 .- A 00.-
4 cc a.) 0c oe 1
..0 CL i3 • op t..
i §! -5, • 0 ,..- 0 0.0.•0 2
Vi = I.
i C• 01 ..-, IN-
(0, 0
—1 (a (a la
. 1
. .
• . .2 2 o - .2 10 = 0 e r
• : : 4•11• ....2: 1.• t ta
-6; ro= a) rpig ca 6 cc .
't,,E .,— .,,E ig vi 0.s
..0-0
0 aa g ,LIU : . • iii '4 0- a.S-0 0 E.2 ta.z
(2.2. • 10 .6-1 (0 if) 1 w.0 w 0 2 6.c
'QC • e.o)
IL i ,„„,.• :,,,::
t ....., .<......• c oce c co= ec
• c 0 2 co 2 0- 0 2 u)
Ct ,
,
! ci c:t -12 c
'..T..c
Z. 0.....
• t- € ' .c
, 0 g
16. E "2 r"•.6. 0 1° 0 8 a E a a
0 .0
IJ
>,„, C.). • it 0 0 , ai.. ,.. E
0 2 0,11. U.I
0
;
. .
- ;
1 • ; • 1 ,
kn!
0 ..-....: I;
U.
C. n
ISI
.2:
; I
I ..-
I
I -A 1 : • ' I
A
r•-• ;-C'
Z id . .a.-
... 1 . c
1
UJ a)
•—• . k i
M e
cp.
LLI co
• a
CIL o
a ,
i 141
D a)
ea I !.. .
. ) .2, -.....
CO . .
k
n is
• ; ; . ! 1 1 ••••.........
II) • • - ;• , es t ' %1 V to V
' ' c• . :
.1 1 ef0) .............z....s..,
.c • • 4, 1. E
0 • ; i • • • ' col >' '
2 ,
O ' ; ; ; t 1.31j1W10!ZI.i,caq in 0
(n t 1 ,,
13 z.; 1 . ' i ! i . p.112: c• E:2!(9'..C,
l!ci, c3: 8,, tair.,; IP
! . 66: E'atSlit!.V.
0 C., il-' : • . '
I . 1
' 1,2101iPialp'. .'.,1
: , •.__: _ ct.i= l .I
-o • , ! i
c t
fa I ! 1: : a) 0001111,11i1111/1)/4,
I ' ' I ' 0'
lc ..,• ...7.;c• ; o.2 , II •`‘‘‘‘‘‘.....\A S.'? ''',
\\--; ..... pz.,
t : ,-o e . cp: (75!co 0 . .
11 •O'l .-':l... itikk.....d)
us E:.=,-. '.9 cp ......,.• .-:g,a. .c 1,
c a+
cr :11:a), L.,i3: § fol :,2 .901 1 .-- • 4A,..,-\ .Ek. '4"......%
,,, „„,, ...... 0 1.1;'C (1);c i , ''• 1 N..........eza. -..:
a ,
_
(.3.: °A
D...5 12- o 1:
p, _ 12
- ..,... . • Cr%
E — ' .. .,...0; \y'ci„..•....42:. ....... ..x. s
....
k•
ca " 1 , .::..• ,
3 .eta' !c) ..— ,--,CD . •
•- ' ,r,1 0)' , MI ,PI C !
a it!t c-i 2:1•7,181 1
..
CO 0 - To.
1 i I • ' 1 1 E. Pc131e,.6' g' P
i
, _ a)
0. , : , i , , 1 , , o z oiiiii.),mw CI 44
'@
— 4.

•
Fr N
> TI �! ! 01
LL j a 'A UJ N 1 { V ,�bs (li . ;u ; :
W C g �i i ^,° I CD aNi m m 'I m m 49 ; gn Oe. CO • } } } } } t0 } } b W •a M•o .1. 1m LL4-4
•
•
• Iui m E ..
•
I �u-�I 1 o
C � ILN m
w
1� �' � Ea Et cl m'� —
w I °c' r •
•
coEy :3 `� CO 0 t
(9 N (n f
a Io-• �o-. Sp0 aE oo � d C� � e
m c 3 N I m t° t m
m to °-' T � "n•y c• � 3Y ooU 1t
c • a�oi _ 0 E c 3 ° o f U g c m Yg•
S m �, t ❑ E E " o N •
m 8 m m ( @ m' o o 5 � m W- ❑ g �'
c « I' 0) V m v m
r C7 a a a a >_ c Q co w m ... .
"5 m m 3 m 3 76
O i �• I' w 0 -c N C.9 ' f 7 $ d n C E O a
e S 1 ' i � a 3 v E 3 $ - 3 .0 -0 13.� -c rn m e
W c j c E -: .r $ d I 20 d 'S c c > .c •
ea E I aa)CD S E° co aUz'i o Z-08 v a0- ° .c mar
W E 1 i u w 8 •-c E c 0 N �° E chi m c m v a Z
c $ I i 111 N c m c $ W w-> Q W m o w «Y
tm. i 12 E m E at, 0 a�i Z r . `•E E c E a 0 y m __ a
m i S tC U m Of a '0 p. ,w L ,� O .m.. C. A _ G co c
.c c I• i o I w 8 w e c m i. :i en N a� N g i .a c m
41. Cr v ! c W W c, v m L c m v . c 3 a m m a
e � Z. Ip •.E. .! --1 g it 5 2 N �a w It w o N 3 w 3 E w .- t E t c as s
¢ m _ a' I' aEUi`; ;1lY .cm.. 1° c22yl: •!m ai ° E m .Qv E Q aci o cr ° z) o $
m c m +Ci !.v m ojl. ;1I3 c w O O VI I> cm ° .0 aa) v E c w 3 `'S Who, o , g
• 09 Nv .__ Em1 mEagcv)i ; $ tooma1 .on'cic- .§ 59owN00
� T � v ;,W c E f °?� N m U co- W mI• ) C C N ai
3 w H ° nQ „ > -' j- w r w 0 E - 41� _0 m o o a.-1 $ � n m g' m . ,-
•
y c 3 v m m ,,U
ii m itc I I! m l O — N VI y: O a- 1.
I
I
I . v II _
_ ¢ � E ; �
I� C Wpt I ° a m s n v 1
w $ S g ; I:i ry} Z i.i z }_ o.., I W M I` z m co N v } r } } 6
V
I a iYP i1
! ' i. ,. 'I I ci i i IY
,
• ' ; i. a) oi I I o
j1 o u
1 1 s ra
e R„
w '1M I it m a
1 v_ � E .0 ' o
o I 11 w o c 1 n
o (� m c . a i 3
w Qi m c
ai IL
L
acim L
If:
t .2' 'c mci! t c 0. : c1. o vc c E ! : Io O �jOl f0 m m 1 W• i w .. E' I E w w j ' EZ 3 av 8 1 = 0 10. 3 E N m - 2 :: c
Q1 to 6'! � avi ti. c E rm a . i3 o �w m c � °o m•
51• N !a C 2 m ° N (Oj 7 m m p. O C F N c c iii }I O
• E 1N lic E2 to 0 cow «} c -L P c m c a m c '- E c m 1Iv
o �1a i cvUim > � c c $ �v € c Evatmt a `� c ;�>
_ m T �',• $ •. 3 m; W o v a E n u 2 is a •c c a 3 ! c
m . 1 o.o. m c d �n W € c ° m m d •`0 , g o b ° a o.01 -,
. c c E W; W " o N .2 c > co c m 'u .2 o m m E d 3 E c c 0 W c I v
II m W H1r m -r 1 c o 2 Gw [ E € mr E c cc5 E TO> c 'x o .- ami i!n
! w *9 o W .. m
• !Ica v W m w c e� 4' IIo awi m p 'L To " N .o° 3 0, o c W i0 w o o m ;i
�'I E m y W ¢ p. 11 E ( 1 c c v .c o c. t E _ m m m v 10 E .Q o n T 3 9 r�pi
Vi o E a ❑ ° ' o T !I m � ww mym ° ac o a app�� c m i0 Wm .� 'W� rn w m U � a E v W Y ti:,° v >• a � ¢ m e i wa.1 I II m 3 3 m 8i o ::,I II a �g to dW mI mmoc c ' c $ o .o `®lj wa 0 a3i ¢ n1Umcm �'❑ W 'sv c c c Q c W o N '20 w °-3 0 , c
E 1 E' s m �h W I'
' a' W c o c . `IN N W m L° N'Z g �+ m a s °a o. m a m "o 0 3 4 m:. i o
r m c N v m m ¢+jm m ca -5 m ❑, E m W -c -.E. -0 E N L r c
D a o N m a. t i0 m Y i0 t yle- w N > > > t�ii ? a W W _;�I o c
, W c N v a w ep .i. j 3 ',�. ° m L n. ,r, � O g W m aY a1 m m O 4 m m O m 4I a7 0
R Zd� 000 � ° m `NO wja � O - �' �.�:I2m > ¢ � www ❑ ¢ ❑ Q > N ❑ ❑ ❑ U � Oy� a

•
Permit No. .3 A2 13(\(h
(to be provided by DWQ)
ATAA
T�A 4111
NCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This fort must be filled out printed and submitted.
The Required Items Checklist(Part Ill)must be printed,filled out and submitted along with all of the required information.
L PROJECT INFORMATION
Project name Hawkeswater
Contact person Tim Clinkscales,PE
Phone number 910-791-6707
Date 8/10/2019
Drainage area number Phase 3 Pond 2
II, DESIGN INFORMATION
Site Characteristics
Drainage area 1,092,920.00 ft2
Impervious area 462,171.00 ft2
%impervious 42.29 %
Design rainfall depth 1.00 In
Storage Volume: Non-SR Waters
Minimum volume required 39,217.00 ft3 JPDATED
Volume provided 56,308.00 ft3 JPDATED
Storage Volume: SR Waters
1-yr,24-hr runoff depth n/a in
Pre-development 1-yr,24-hr runoff n/a ft3
Post-development 1-yr,24-hr runoff n/a ft3
Minimum volume required #VALUE! ft3
Volume provided n/a ft3
Peak Flow Calculations
1-yr,24-hr rainfall depth 4.08 In
Rational C,pm-development 0.20 (unitless)
Rational C,post-development 0.52 (unitless)
Rainfall intensity:1-yr,24-hr storm 1.4/2.2 in/hr
Pm-development 1-yr,24-hr peak flow 9.36 ft3/sec
Post-development 1-yr,24-hr peak flow 59.50 ft3/sec
Pre/Post 1-yr,24-hr peak flow control 50.14 ft3/sec
Basin Elevations
Basin bottom elevation 1.00 ft
Sediment cleanout elevation 2.00 ft
Bottom of shelf elevation 11.50 ft
Permanent pool elevation 12.00 ft
SHWT elevation n/a ft
Top of shelf elevation 12.50 ft
Temporary pool elevation 14.GG ft 13.85
OCT 07
Fonn SW401-Wet Detention Bastr}Rev.4 Parts I.&II.Design Summary,Page 1 of 2

Permit No. D`7CNA 0--
(to be provided by DWQ)
II. DESIGN INFORMATION
Volume and Surface Area Calculations
SA/DA ratio 2.10 (unitless)
Surface area at the bottom of shelf 128,326.00 ft2
Volume at the bottom of shelf 81,979.00 ft3
Permanent pool,surface area required 22,951.00 ft2
Permanent pool,surface area provided 25,861.00 ft2
Permanent pool volume 93,143.00 ft3
Average depth for SA/DA tables 3.60 ft OK
Surface area at the top of shelf 29,513.00 ft2
Volume at the top of shelf 106,854.00 ft3
Forebay volume 18,979.00 ft3
Forebay%of permanent pool volume 20.38 % OK
Temporary pool,surface area provided 33,202.00 ft2 UPDATED
Drawdown Calculations
Treatment volume drawdown time 2.45 days OK UPDATED
Treatment volume discharge rate 0.19 ft3/s
Pre-development 1-yr,24-hr discharge 9.36 ft3ls OK
Post-development 1-yr,24-hrdischarge 0.19 ft3ls OK
Additional Information
Diameter of orifice 3 in
Design TSS removal 90
Basin side slopes 3.00 :1 OK
Vegetated shelf slope 10.00 :1 OK
Vegetated shelf width 10.00 ft OK
Length of flowpath to width ratio 5.00 :1 OK
Length to width ratio 5.00 :1 OK
Trash rack for overflow&orifice? y (Y or N) OK
Freeboard provided 3.50 ft OK
Vegetated filter provided? n (Y or N) Design must be based on 90%TSS removal
Recorded drainage easement provided? y (Y or N) OK
Capures all runoff at ultimate build-out? y (Y or N) OK
Drain mechanism for maintenance or emergencies PUMP OUT
Form SW401-Wet Detention Basin-Rev.4 Parts I.&II.Design Summary,Page 2 of 2

al
'V '
HH
I I a
11
jO
V 6. I CO CD .-1
cr
c c I I I �, Y g
m 0 I 8 ,� a NY •
m W : G •O 0 p f0
Y I E. 4nC ® . C — Cy 1 2
co
In
m m 1 ' 3I , ,, N a) r_ -0 R c E aoi uNi
v E I t o i i =° m a= yaw
C) CO 4f = 1 3 ; m a� ' ui o coCF a
+s`+ 3 I .i f J o = E ` y c E
d w F I 'Dt I I V d O 0 a O .0 N W E
w E ur O
0 ` ICI �i I 7 O y C) c c c N
CO O 0 1 0 N = t w ._ III
! cn �'-oo N U 0, 5i ' o �` ao a am Etm y GN u xC Ni f CD c1 ) U l .ei 03 0_ Nco.+
, NI i.LLl in i:L ' - 0 0 O 0 y 0 d � y a —
4. l ! i m N 2, Nv 3a,,-
0) „sal) � 3
f`. ! 1 I , i I i :.o v N E o c = w _ 0)r 2 c y
i { I i c Q g o 0 o m o o 0
o c mw w 3iu c
ill
" I I } 1 i I 0020aw .� o
Cy 1 I ? 1
LL IR I
0 v i ali r 1
c
8
cs_ I 1 co
W. N ? I
I ! • ° I
y I 1 I I i I I i I U ‘54/)
c
'��) 0 I I j i i i ' i I ! I CD
.y
3 I f '� I I•
' c 1 i 2
m I . ' ' . I I 'M 1 i s
+ iC O
I I
: i � ICI iE
I i i 1 t 1 fe lU ' la c m
II Wl� l U rn
i I--I——I _ __I___ B 1 o i, ^ 1 w (n
° coIT "f �1 (jGl c nl �
�, a+ i l Ef �l.nit ,vl.
IU ;
' ,r : I
o
riry.w.w Rc""rh
L m
rea
Pi
CO E — _ 2 ,_ rn � • I
cr
T 0mgwZn c3v ` _ - • `• is
c o o CI- d ii = cL N 0 c d c `Q•co ! r•-fin, — —
d o y m m .0 C 0 m E E Y () d! 1c+tii J
Y 3 0 0 ••
5 a ' 2 c -ra o -0 1 E I 'AY/ .T....
O ire
o H E `° g >: o o y p'mnmuumr`
a o . z 0 Cl) a w O m
co
0
0

WET POND Hawkeswater at the River
'iss DRAINAGE AREA ;11 Drainage area number #1(Phase 3 Pond 4) Break down of BUA in the drainage area(both new and existing):
Total coastal wetlands area(sq ft) of -Parking/driveway(sq ft) sf
Total surface water area(sq ft) sf -Sidewalk(sq ft) 6099 sf
Total drainage area(aq ft) 300564 sf -Roof(sq ft) 124000 st
BUA associated with existing development(sq ft) sf -Roadway(sq ft) 34993 sf
Proposed new BUA(sq ft) 165992 sf -Other,please specify in the comment box below(sq ft) st
Percent BUA of drainage area 66% Total BUA(sq ft) 166092 of
FORGUANCE WITH THE APPUCABLE STORMINKNER PROGRAM
- . . . • - i
Stormwater program(s)that apply(please specify): Design rainfall depth(in) _1.5 ua___It
—
Coastal Minimum volume required(cu ft) 20451 of
Design volume of SCM(cu ft) 29830 of
. • if.4.1g t. - -
• - - • • -
. , _
#1 Is the SCM sized to treat the SW from all surfaces at build-out? Yes #7 If applicable,with the SCM be cleaned out after construction? Yea
#2 Is the SCM located on or near contaminated soils? No #8 Does the mainetenance access comply with General MDC(8)? Yes
#3 What are the aide slopes of the SCM(H:V)? 31 #9 Does the drainage easement comply with General MDC(9)? Yes
#3 Does the SCM have retaining walls,gabion walls or other engineered side slopes? No #10 tithe SCM is on a single family lot,does the plat comply with General MDC(10)?
#4 Are the inlets,outlets,and receiving stream protected from erosion(10-year storm)? Yea #11 Is there an O&M Agreement that complies with General MDC(11)? Yes
#5 Is there a a bypass far flows in excess of the design flow? 1--- Yes #12 Is there an O&M Plan that complies with General MDC(12)7 Yes
#6 What is the method for dewatering the SCM for maintenance? Pump(preferred) #13 Wee the SCM designed by an NC licensed_professional? Yea
•
WET POND MDC FROM 0211.1053
. .
#1 Method used SA/DA •-; Width of the vegetated shelf(feet) 6 ft
#1 Surface area of the main permanent pool(square feet) 17445 sf ...; Location of vegetated shelf _Submerged
#1 Volume of the main permanent pool(*bre feet) ,_. 54311 of #3 Elevation oti top of shelf(heal) 8 ft
#2 Average depth of the main pool(feet) 3,5 •'.; Elevation of bottom of shelf(fowl) 7 ft
#2 Was the vegetated shelf included in the calculation of average depth? No •,'•••; Slope of vegetated shelf(H:V) 6,1
#2 Elevation of the bottom of the permanent pool(frost) 4 ft #7 Diameter of drawdown orifice(inches) 2.5 in
#2 Elevation of the top of the permanent pool(frnfil) _8 ft •• Drawdown time for the temporary pool(hours) 84 hre
#2 Elevation of the top of the temporary pool(frrisl) 9.2 -7 Does the orifice drawdown from below the top surface of the permanent pool? _ Yes
#3 Depth provided for sediment storage(inches) 12 in -: Does the pond minimize impacts to the receiving channel from the 1-yr.24-hr sborm? Yes •
#4 Are the Inlet(s)and outlet located in a manner that avoids short-circuiting? Yea ••t Are fountains proposed? No _
#4 Describe any measures,such as banns or baffles,that will be taken to Improve the flow path: •• If yea,is documentation provided per Wet Pond MDC(9)?
_
N/A ...w Is a trash rack or other device provided to protect the outlet system? Yea
#5 Volume of the forebay(cubic feet) 10 800 ••11 Are the dam and embankment planted in non-clumping turf grass? Yes
E__-
#5 Is this 15-20%of the volume in the main pool? Yes 11 Species of turf that will be used on the dam and embankment Bermuda
#5 Depth of forebay at entrance(inches) - 60 in .11 Describe the planting plan for the vegetated shelf:
#5 Depth of forebay at exit(inches) 12 in --,r the plans,suitable plants include Pickerel weed,Duck Potato,Swamp Rose,Blue Flag and Cardinal Flower.
. ontractor to install on the 81 eloped shelf,equal numbers of each of the listed suitable plants.Dunng instalation,group
#6 Does water flow out of the forebay in a non-erosive manner? Yes inkier species of plants together.Install plants 24"O.C.in a checkerboard pattern.
#5 Clean-out depth for forebay(inches) 38 in
#5 Will the forebay be cleaned out when the depth is reduced to less than the above? Yes
.-
ADDmONALnWORMATION
Please use this space to provide any additional information about this wet pond that you think is relevant to the review:
—
.. .
juN p 4 2019
EN:.____---------
Wet Pond 1 8:41 PM 5/2D/2018
•

WET P014. D Hawkeswater at the River
—
IND DRAINAG T .AREA - - 2
Drainage area number #2(Phase 3 Pond 6) Break down of BUA in the drainage area(both new and existing):
Total coastal wetlands area(sq ft) Si -Parking I driveway(sq ft) sf
—
Total surface water area(sq ft) Si _ -Sidewalk(aq ft) 6921 of Total drainage area(sq ft) 255718 sf -Roof(sq ft) 116000 SiBUA associated with existing development(sq ft) sf -Roadway(sq 8) 28668 sf
Proposed new BUA(sq ft) 151589 at -Other,please specify in the comment box below(aq ft) Si
Percent BUA of drainage area I— 57% Total BUA(aq ft) p—I51589 iff
CONKLANCEwrrm THE APPLICABLE ETORMWATER PROGRAM
_. . . . _
IStorrnwater program(s)that apply(please specify): Design rainfall depth(in) [_. 1.5 in
Comb! Minimum volume required(Cuff) 18718 of
Design volume of SCM(Cu ft) 24630 of
ilbNciLIAL NRIDC pROBA 102H.1050
_
#1 la the SCM sized to treat the SW from all surfaces at build-out? Yes #7 If applicable,with the SCM be cleaned out after construction? Yes
#2 le the SCM located on or near contaminated soils? No #8 Does the mainetenance access comply with General MDC(8)? Yes7"
I-
#3 What are the side slopes of the SCM(H:V)? 3:1 #9 Does the drainage easement comply with General MDC 9)? Yes
#3 Does the SCM have retaining was,gabion walls or other engineered side slopes? No #10 If the SCM is on a single family lot,does the plat comply with General MDC(10)? —.
#4 Are the inlets,outlets,and receiving stream protected from erosion(10-year storm)? Yes #11 Is there an O&M Agreement that complies with General MDC(11)? Yes _
#5 Is there a a bypass for flows in excess of the design flow? Yes #12 Is there an O&M Plan that complies with General MDC(12)? Yes
#6 What is the method for dewatenng the SCM for maintenance? . J Pump(preferred) #13 Was the SCM des ned by an NC licensed professional? — Yes WET POND MDC FROM 02/1.1053
#1 Method used , SA/DA ,#6 Width of the vegetated shelf(feet) 61
_
#1 Surface area of the main permanent pool(square feet) 11339 If #8 Location of vegetated shelf Submerged
—
#1 Volume of the main permanent pool(cubic feet) 39170 cf #8 Elevation of top of shelf(fmsl) 5 ft.
#2 Average depth of the main pool(feet) —I-— 4 ft #6 Elevation of bottom of shelf(fmsl) 5 ft
----__
#2 Was the vegetated shelf included in the calculation of average depth? No —#6 Slope of vegetated shelf(H:V) 61
#2 Elevation of the bottom of the permanent pool(fmsl) 1 ft #7 Diameter of drawdown orifice(inches) _I---2rri
#2 Elevation of the top of the permanent pool(fmsl) 8 ft #7 Drawdown time for the temporary pool(hours) 116 his
#2 Elevation of the top of the temporary pool(fmsl) 7 6 #7 Does the orifice drawdown from below the top surface of the permanent pool? Yes
#3 Depth provided for sediment storage(Inches) 12 in #8 Does the pond minimize impacts to the receiving channel from the 1-yr,24-hr storm? Yes
#4 Are the inlet(s)and outlet located In a manner thatavoids short-circuiting? Yes #9 Are fountains proposed? No
#4 Describe any measures,such as berms or baffles,that will be taken to improve the flow path: #9 If yes,is documentation provided per Wet Pond MDC(9)?
N/A #10 Is a trash rack or other device provided to protect the outlet system? Yea
#5 Volume of the forebay(cubic feet) 7833 #11 Are the dam and embankment planted In non-clumping turf grass? Yes
#5 Is this 15-20%of the volume in the main pool? Yes #11 Species of turf that will be used on the dam and embankment Bermuda
#5 Depth of forebay at entrance finches) 72 in #11 Describe the planting plan for the vegetated sheff:
#5 Depth of forebay at exit(Inches) 12 in Per the plans,suitable plants Include Pickerel weed,Duck Potato.Swamp Rose,Blue Flag and Cardinal Flower#5 Does water flow out of the forebay In a non-erosive manner? yes Contractor to install on the 6-1 eloped shelf,equal numbers of each of the listed suitable plants Dunng instalabon,group
_
#5 Clean-cut depth for forebay(Inches) 48 in similar speaes of plants together.Install plants 24 O.C.in a checkerboard pattern#5 WIII the forebay be cleaned out when the depth is reduced to less than the above? Yes
ADDITIONAL INFORMATION
---- -
Please use this space to provide any additional Information about this wet pond that you think Is relevant to the review:
Li
. EGEIVEI. 'juuti - ii i 11
2019 u
Wet Pond Pond 1 8:40 PM 5/21:0/2019

04-30-'13 14:17 FHUl1-DENB Wilmington 910-350-2004 T-7 ,r "
State Stormwater Manage
Permit Nc
Hawkeswater at the River
Stormwater Permit No. SW8 130412
I junswidc County
Designer's Certification
t 6 1 i4/V-5t 1) ,as a duly registered 611/44'.-- in
the State of North Carolina, having been authorized to obsery eriodi fweeklylfull
time)the construction of the project,
ififw -(4‘.
(Project)
for 1) 144', ) (Project Owner) hereby state that,to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
14r4x.:;*"*****''•
SignatureG'd tW. SEA
02 7
Registration Number - T ,°�:t .4
Date Vb /e' ��'""h COW /,,���tit f"• ? 2 d' ?kw.. 3t` •, 2y1 (phAik ' fi�--)3e CufiCcg,
(44.4 /14,11
ECEIV1
JAN 2 3 2018
BY:
Pane of IA

04-30-'13 14:17 FROM-DENR Wilmington 910-350-2004 T-756 P0011/0011 F-260
State Stormwatsr Management Systems
Permit Na S 1313O412
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
e 3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
1 4. AR roof drains are located such that the runoff is directed into the system.
/15/
The outlet/bypass structure elevations are per the approved plan.
/B. The outlet structure is located per the approved plans.
.. Trash rack is provided on the outlet/bypass structure.
, All slopes are grassed with permanent vegetation.
t/ . Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
/ 11. The permitted amounts of surface area and/or volume have been
provided.
2_ Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
✓14, All required parts of the system are provided, such as a vegetated shelf, a
-7,-'" forebay, and the
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Brunswick County Building inspections
PanA in nr in

04-30-'13 14:17 FROM-DENR Wilmington 910-350-2004 T-756 P0010/0011 F-260
State Stormwater Management S
Permit No.SW 130412
(7
yttp...ii
Hawkeswater at the River Page 1 of 2
Storrnwater Permit No. SW8 130412
Brunswick County
Designer's Certification
1, r"'° �iic'�'' ) , as a duly registered Core)lc in
the State of North Carolina, having been authorized to observe'(periodicals veekiy/fuli
time)the construction of the project,
14_ : ''t/ a A. 1t --
(Project)
for 0 a tio i (Project Owner) hereby state that,to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature 7 1.7 SEAL
Registration Number -- ,? 7 t
Date 12,1116
,.ECEIVE
DEC 0 6 2016
BY:e I 21 -
shiF / 304/2.
Pane Q of in

04-30-'13 14:17 FEOM-DENR Wilmington 910-350-2004 T-756 P0011/0011 F-260
State Stormwater Management Systems
Permit No. SW813041z
Certification Requirements: Page 2 of 2
4 1. The drainage area to the system contains approximately the permitted
acreage.
466 2. The drainage area to the system contains no more than the permitted
amount of built.upon area.
466 3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
• "04 5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
48‘ 7. Trash rack is provided on the outlet/bypass structure.
/06 8. All slopes are grassed with permanent vegetation.
4'9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11/11. The permitted amounts of surface area and/or volume have been
provided.
1612_ Required drawdown devices are correctly sized per the approved plans.
44/ 13. All required design depths are provided.
" ' 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
i' 15. The required dimensions of the system are provided, per the approved
plan.
1?4 c,, Jz—/P*ti 3
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
ECE1 En,
itj
DEC 0 6 2016
BY:
Pan, 1n of IA

State Stormwater Management Systems
Permit No. SW8 1304.12
Hawkeswater at the River Page 1 of 2
Stormwater Permit No. SW8 130412 /�
Brunswick County T(f C�/��r.�C
Designees Certification: Phase 1 (Ponds 1, 2, 3) and Phase 3(Ponds 1,d 3., 5, 7)
7MC<<fl( f
I, , as a duly registered n)/ 40 S/ in the State
of North Carolina, having been authorized to observe (periodica y/weekly/full time)the
construction of the project,
/IA 4ACef , , F elk (A
(Project)
for 1444 / r (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the proJect construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
t . CAR ',,,,,.
•
� �
Signature p F . •L ,
Registration Number rG'v '/ ,�yy�erNeE4s•'c.,
G. CilIA\Lg
Date t,l(f?/f 2,'
CEIV E
E 0 i 2020
Page 10 of 20

State Stormwater Management Systems
Permit No, SW8 130412
Certification Requirements. Page 2 of 2
1Z
11.. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of
built-upon area.
3. All the built-upon area associated with the project is graded such that the runoff
drains to the system./
74. All roof drains are located such that the runoff is directed into the system.
«</// 5. The outlet/bypass structure elevations are per the approved plan.
I/ 6 The outlet structure is located per the approved plans.
✓ 7. Trash rack is provided on the outlet/bypass structure,z"_8. All slopes are grassed with permanent vegetation.
9 Vegetated slopes are no steeper than 3:1.
_'" 10. The inlets are located per the approved plans and do not cause short-circuiting of
/ the system.
1
z2,.-
y The permitted amounts of surface area and/or volume have been provided.
Required drawdown devices are correctly sized per the approved plans.
113. All required design depths are provided.
N. 1 All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCIDEQ-DEMLR Regional Office
Brunswick County Building Inspections
Page 11 of 20

State Stormwater Management Systems
Permit No. SW8 130412
Hawkeswater at the River
Stormwater Permit No. SW8 130412
Brunswick County
Phase 3 (Ponds 4, 6)
AS-BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT
I hereby state that I am a licensed professional and I certify by my signature and seal below,that
I have observed the construction of the project named above to the best of my abilities with all
due care and diligence,and that the project meets all of the MDC found in NCAC 02H.1053, in
accordance with the permit documents,plans and specifications on file with or,provided to the
Division, except as noted on the"AS-BUILT" drawings, such that the intent of the stormwater
rules and the general statutes has been preserved.
[U Check here if this is a partial certification. Section/phase/SCM
#, Check here if this is part of a Fast-Track As-Built Package Submittal per .1044(3).
_ Check here if the Designer did not observe the construction, but is certifying the project.
Check here
�iff /pictures of�the SCM are provided.
Printed Name (("A (�L l t kla/ Signature 1
NC Registration Number 2e 9 Date t(fk' !2i
N.uul uuyN�
",,;`",M ,, Consultant's.Mailing Address:
SEAL: I'(
• O 12 2. C(a/e'"' �/E6,6—•
• WI• �' City/State/ZIP i"I('4t1) IX— )9*JjP •
�4 0.• ?f�670 '70 .0` W= Phone Number
y '• INEeN:••••Qom;
''� G
CLIN Consultant's Email address.
.,
//I//•1/11111111111111\%,0 ```
61(4rIci+Je tf.44'404.44`!°--- G,"' rl
O Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an
explanation on page 2
ON/E=not evaluated(provide explanation on page 2) ON/A =not applicable to this project or
SCM.
This Certification must be completed in conjunction with the General MDC certification under
NCAC 02H.1050
Consultant's C .1053) (Ms-built ON/E ON/A
A. Fereiy /Fount
1. The availa.le Sediment storage is consistent with the /jr or N
approved plan and is a minimum of 6 in.
2.. Water flow overlt to forebay berm into the main pond Our N
occurs at a non-erosive velocity, __
The provide ore ay Tome.is'15%-20%of the main or N
pool volume..
4. The Forebay entrance elevation is deeper than x�ie exit
elevation into the pond. ( or N
5. The Average Design Depth of the main pond below the
permanent pool elevation is consistent with the permitted �.% or N
value? 71
6. Fountain documentation is provided. Y or N j�^
Page 17 of 20

State Stormwater Management Systems
Permit No. SW8 130412
B. Ode slopes I an I Vegetated h
1. The wrath of the Vegetated Shelf is consistent with the f`
approved plans and is a minimum of 6 feet. or N
2 The slope of the Vegetated Shelf is consistent with the �, or N
approved_ plans and is no steeper than'6:1.
C. Asdx�t!Main Pool I Areas I Volume;!Elevations
1. The permanent pool surface area provided is consistent or N
with the permitted value.
2. The Temporary Pool Volume provided is consistent with '61Ly or N
the permitted value.
3. The permanent pooT-evation is consistent with the l_/ or N
permitted value. `/
4. The temporary pool elevation is consistent with the Of or N
permitted value.
tDAs-built ©WE ON/A
B. bids/Outlet(Dr w►do n
1. The design volume draws down in 2-5 days. () or N
2. The size of the Orifice is consistent with the permitted or N
value.
3. A trash rack is provided on the outlet structure. (7 or N
4. Hydrologic impacts to the receiving channel are minimized Y or N
from the 1 yr 24 hr storm discharge?
5. The inlets and the outlet location are sit a ed per the or N
approved plan and avoid short-circuiting.
- Y
1. The vegetated shelf has been planted with a minimum of 3 or N
diverse species.
2. The vegetated shelf plant density is consistent with the
approved plans and is no less than 50 plants per 200 sf or a or N
no less than 24 inches on center. —J
Provide an explanation for every MDC that was not met, and for every item marked"N/A" or
•`N/E"below. Attach additional pages as needed:
Page 18 of 20

State Stormwater Management Systems
Permit No. SW8 130412
Hawkeswater at the River
Stormwater Permit No. SW8 130412
Brunswick County
Phase 3(Ponds 4, 6)
AS-BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT
I hereby state that I am a licensed professional and I certify by my signature and seal below,that
I have observed the construction of-the project named above to the best of my abilities with all
due care and diligence,and that the project meets all of the MDC found in NCAC 02H.1053, in
accordance with the permit documents,plans and specifications on file with or provided to the
Division,except as noted on the"AS-BUILT"'drawings,such that the intent of thestormwater
rules and the general statutes has been preserved.
# Check here if this is a partial certification. Section/phase/SCM
- Check here if this is part of a Fast-Track As-Built Package Submittal per.1044(3).
Check here if the Designer did not observe the construction, but is certifying the project.
— 1 Check here iiff / (pictures of�the SCM are provided.
Printed Name • ibt (� Fps Signature
NC Registration Number 20 '9 Date fif es r / ECEI
ma't """' MS
N- Consultant's Mailing Address: DEC o I
SEAL: :04 CA . >:
0. *4�';''..'�,,' (7 2. 4i - 7t4"
I--.t iat_ 1 A a City/State/ZIP it's 144141{wh%S IX— x4W>
s
Q ''.h` : 4,4 Phone Number �l�r 7 f(—(�7'
`' Consultant's Email address:
�'�'''• CLIN E
h...>
'+.ie...,�n u,1p1Naa"�""��" 1'.r/`r4 trot/ l //e/Iff fii.w1 G — G•.✓
0 Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an
explanation on page 2
ON/E=not evaluated(provide explanation on page 2) ®N/A=not applicable to this project or
SCM.
This Certification must be completed in conjunction with the General MDC certification under
NCAC 02H.1050
C 's Can(MDC .1053) 0 M-built ©WE ®N/A
A. Forebsy/Deipths
l b /Fob .
1. The available Sediment storage is consistent with the 6 or N
approved plan and is a minimum of 6 in.1 2. Water flow over tfie forebay berm into the main pond Oar N
occurs at a non-erosive velocity.
3. The provided Forebay Volume is 15%-20%of the main /9 or N
pool volume. L
4. The Forebay entrance Tevation is deeper than the exit & or N
elevation into thepond.
l' 5. The Average Design Depth of the main pond below the 0
permanent pool elevation is consistent with the permitted or N
value?
1 6. Fountain documentation is provided. Y or N j
Page 17 of 20

State Stormwater Management Systems
Permit No. SW8 130412
B. Side dews/Beaks/v d Skil f
1. The width of the Vegetated Shelf is consistent with the or N
2. dapproved plans and is a minimum of 6 feet.
ope of the Vegetated Shelf is consistent with the (3 or N
approved plans and is no steeper than 6:1.
C. As• Peel/Areas/Veiaaes/> St
1. The permanent pool surface area provided is consistent 7�y or N +
with the permitted value.
2. The Temporary Pool-Volume provided is consistent with or N
the permitted value. _
3. The permanent pool elevation is consistent with the /�v'1 or N
permitted value. 4,,1
4. The temporary pool elevation is consistent with the /y or N
permitted value. l
(Ms-built CDN/E GN/A
D. Wets/Erect/Diliwdowil
1. The design volume draws down.in 2-5 days. ' or N
2. The size of the Orifice is consistent with the permitted (9 or N
value.
3. A trash rack is provided on the outlet structure. 6)or N
4. Hydrologic impacts to the receiving channel are minimized Y or - N
from the 1 yr 24 hr storm discharge?
5. The inlets and the outlet location are situated per the or N
approved plan and avoid short-circuiting.
E. Vegslitisst
1. The vegetated shelf has been planted with a minimum of 3 or N
diverse species. ,,
2. The vegetated shelf plant density is consistent with the ��r
approved plans and is no less than 50 plants per 200 sf or ` V or N
no less than 24 inches on center. 1 l
Provide an explanation for every MDC that was not met, and for every item marked"N/A"or
-`N/E" below. Attach additional pages as needed:
Page 18 of 20

State Stormwater Management Systems
Permit No. SW8 130412
Hawkeswater at the River Page 1 of 2
Stormwater Permit No. SW8 130412
Brunswick County fi,t+ 6,14"1
Designer's Certification: Phase 1 (Ponds 1, 2, 3) and Phase 3(Ponds 1,. , 3, 5, 7)
I ` `A" an , as a duly registered r 6n in the State
)t '�l�Csf
of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project, rrff�_A
/4A `,i . 6 I- t U vevL
(Project)
for t) L 144 1 i i•iC i (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification. 'cEivE
Noted deviations from approved plans and specifications: 1 DEC al 202o
BY:
�„11p4101I I N/ry1q 11111 U11%
AA.
'1.
- i `PA SEAL �r A a
41 —qkt,....OA:Oft lys
Signature
Registration Number V
Date L( 92/1
Page 10 of 20

State Stormwater Management Systems
Permit No. SW8 130412
Certification Requirements: Page 2 of 2
/I. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of
built-upon area.
3. All the built-upon area associated with the project is graded such that the runoff
✓ drains to the system.
4, All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
A. The outlet structure is located per the approved plans.
✓ 1. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9 Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of
✓ the system.
1y. The permitted amounts of surface area and/or volume have been provided.
7zRequired drawdown devices are correctly sized per the approved plans.
113. All required design depths are provided.
.1 AAll required parts of the system are provided, such as a vegetated shelf, a
forebay. and the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Regional Office
Brunswick County Building Inspections
Page 11 of 20

Ikj1Li11ulhJ111111111111111111i 1RoJonso County, NC Register of Deeds page 1 of 25
•
rnh lishrN INtit Waffled far Eitashiti rC n
44114111106 DP pi-07 Verruisfae,-
adirtMepie4rrrnNtlbr r s^�i A--
M�taVst aping. f T"t:� ` Jv
fA1011eret
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR HAWKESWATER AT THE RIVER SUBDIVISION
Prepared By and Return to:
R.Jay Short,Jr.
Fletcher,Ray & Satterfield,LLP '� '�►
131 Racine Drive,Suite 201 V 11C II ad 1�
I)
Wilmington,NC 28403 g MAR 0 7 2022
BY-
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY
OF THE FLAG OF THE UNITED STATES OF AIIERICA
OR STATE OF NORTH CAROLINA.
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY
OF POLITICAL SIGNS

11111111III Il1I11I11111III III 11Il1I p2745obert °.911 in on_3°°000
Brunswick County, NC Register of Deeds page 2 of 25
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF BRUNSWICK FOR HAWKESWATER AT THE
RIVER SUBDIVISION
THIS DECLARATION, made the day of F4 , 2008, by Hawkeswater I
Development, Inc., a North Carolina corporation, Hawkeswater I Development, Inc., a North
Carolina corporation, Hawkeswater III Development. Inc.. a North Carolina corporation. and
Riverside Land Holdings, LLC, a North Carolina limited liability company, collectively
hereinafter referred to as"Declarant"or"Developer"for the purposes hereinafter stated;
WITNESSETH:
WHEREAS. Declarant is the owner of certain real property in Brunswick County. North
Carolina, known as HAWKESWATER AT THE RIVER SUBDIVISION, which is shown on
a plat recorded in the Office of the Register of Deeds of Brunswick County, North Carolina. in
Map Book 48. Page 27(the "Plat"). to which reference is made for a more particular description
(the"Property'').
NOW, THEREFORE, Declarant declares that the Property described above shall be held.
sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter
47F of the North Carolina General Statutes (the "Act"). as well as the following easements,
restrictions,covenants and conditions:
ARTICLE I
DEFINITIONS
In addition to other terms defined herein, the following capitalized terms shall have the
following meanings as used herein:
SECTION 1. Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above-
described Property,and annexed to and made a part of the Planned Community.
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in
the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Hawkeswater Homeowners'
Association. Inc., a North Carolina non-profit corporation. its successors and assigns. the
owners' association organized pursuant to the Act for the purposes set forth therein.
SECTION 4. Common Elements shall mean and refer to all lands and easements within
or appurtenant to the Planned Community owned by the Association, other than a Lot, and
intended for the common use and enjoyment of the Owners, including, without limitation, any
2

1111111111111111111111111111111111111 p2745 Pe9t87,?-1P361°
Brunswick County, NC Register of Deeds pageo 25
private roads, greenways, open spaces, parks and stormwater infiltration basins within the
Planned Community.
SECTION 5. Common Expenses means expenditures made by or financial liabilities of
the Association, together with any allocations to reserves.
SECTION 6. Common Expense Liability means the liability for Common Expenses
allocated to each Lot as permitted by the Act,this Declaration or otherwise.
SECTION 7. Declarant shall be used interchangeably with Developer, (which
designations shall include singular, plural, masculine and neuter as required by the context) and
shall mean and refer to Hawkeswater 1 Development. Inc., Hawkeswater II Development, Inc..
Hawkeswater III Development, Inc., and Riverside Land Holdings, LLC. their successors and
assigns, if such successors or assigns should acquire undeveloped property from the Declarant or
a Lot not previously disposed of for the purpose of development and reserves or succeeds to any
Special Declarant Right.
SECTION 8. Declarant Control Period shall have the meaning set forth in Article III
hereof.
SECTION 9. Declaration shall mean this instrument as it may be from time to time
amended or supplemented.
SECTION 10. Executive Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration or otherwise to
act on behalf of the Association.
SECTION 11. Limited Common Elements shall mean areas and facilities within any Lot
which arc for the exclusive use of the Lot Owner but which the Association is obligated to
maintain pursuant to the terms of this Declaration.
SECTION 12. Lot(s) shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner.
SECTION 13. Lot Owner shall mean the Declarant or other Person who owns 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 14. Master Association means a master association as defined in the Act.
SECTION 15. Person means a natural person, corporation. business trust. estate, trust,
partnership,association,joint venture.government, governmental subdivision, or agency or other
legal or commercial entity.
3

•
1111111111111111111101111111
214e5JRe9 9 § : 037. 00Brunswick County, egister pagi^409of 25
SECTION 16. Planned Community shall mean and refer to the Property plus any
Additional Property made a part of the Planned Community by the exercise of any Special
Declarant Right.
SECTION 17. Purchaser means any Person, other than the Declarant or a Person in the
business of selling real estate for the purchaser's own account, who by means of a voluntary
transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest
(including renewal options) of less than twenty(20)years,or(ii)as security for an obligation.
SECTION 18. Reasonable Attorneys' Fees means attorneys' fees reasonably incurred
without regard to any limitations on attorneys' fees which otherwise may be allowed by law.
SECTION 19. special Declarant Rights means rights reserved for the benefit of the
Declarant including, without limitation, the right (i) to complete improvements intended or
planned by Developer for the Property or Additional Property, (ii) to exercise any development
or other right reserved to the Declarant by this Declaration or otherwise, (iii) to maintain within
the Planned Community sales offices, management offices, construction offices/trailers, signs
advertising the Planned Community, and models, (iv) to use the Common Elements for the
purpose of making improvements within the Planned Community, (v) to make the Planned
Community part of a larger planned community or group of planned communities, (vi) to make
the Planned Community subject to a Master Association, or (vii) to appoint or remove any
officer or Executive Board member of the Association or any Master Association during the
Declarant Control Period.
SECTION 20. Stormwatcr Permit shall mean the State Stormwater Permit No. SW8
060354MOD issued by the North Carolina Division of Water Quality (DWQ), Department of
Environment and Natural Resources(DENR).
ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owner's Property Rights and Easement of Enjoyment. Every Owner shall
have and is hereby granted a right and easement of enjoyment in and to the Common Elements,
if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners.
(b) The Association may grant a security interest in or convey the Common
Elements, or dedicate or transfer all or part of the Common Elements, to any public agency,
authority or utility for such purposes and subject to such conditions as may be agreed to by at
least eighty percent(80%)of the Members,excluding the Developer, provided,however,that the
Association may, without the consent of the Owners, grant easements. leases, licenses and
concessions through or over the Common Elements. No conveyance or encumbrance of
Common Elements shall deprive any Lot of its rights of access or support.
4

Ii1UlWIliu)1111!'Ii')!i)iir N d age 5f3000, r
(c) The owners of any lands adjacent to the Planned Community to which
private streets within the Planned Community abut shall be entitled to use such private streets for
ingress and egress. Such right of use shall be subject to any rules and regulations adopted by the
Association. The Association shall not erect any road gates within the Planned Community nor
in any way restrict such use.
SECTION 2. Easements in Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association, their agents, contractors, employees.
successors and assigns:
(a) easements as necessary in the lands constituting the Common Elements
and the front fifteen feet(15") and side five feet (5') and the rear ten feet(10') of each Lot for
the installation and maintenance of utilities and drainage facilities, including the right to go upon
the ground with men 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 of electricity, telephone equipment, gas, sewer, water or other public
conveniences or utilities on, in or over each Lot and such other areas as are 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 the county where the Planned Community is located, the right to cut drain ways,
swales and ditches for surface water whenever such action may appear to the Developer or the
Association 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 action reasonably necessary to provide economical and safe
utility installation and to maintain reasonable standards of health, safety and appearance, and the
right to locate fences,wells, pumping stations and tanks within residential areas,or upon any Lot
with the permission of the Owner of such Lot. No structures or plantings or other material shall
be placed or permitted to remain upon such easement areas or other activities undertaken thereon
which may damage or interfere with the installation or maintenance of utilities or other services,
or which may retard,obstruct or reverse the flow of water or which may damage or interfere with
established slope ratios or create erosion. These easement areas (whether or not shown on the
recorded plats for the Planned Community), but not the improvements within such areas, shall be
maintained by the respective Owner except those for which a public authority or utility company
is responsible;
(b) easements over all private streets, if any, access easements, and Common
Elements within the Planned Community as necessary to provide access, ingress and egress to,
and the installation of,utilities for any Additional Property;
(c) an easement of unobstructed access over, on, upon, through, around and
across each Lot and the Limited Common Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Lot and/or Limited Common Elements
required or authorized by this Declaration; and
(d) all easements shown on the Plat.
5

•
11111111
Brunsw IiI c1Jill
k C oIun It 11111111111
y, NC e Ig I I I Ill 1145 P 99 oz zzs
0fl
latterof Deeds pag1efR6Qorf 25
SECTION 3. Other Easements. The following additional easements are granted by
Declarant:
(a) an easement to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services, to enter upon all Lots and
Common Elements in the performance of their duties;
(b) in case of any emergency originating in or threatening any Lot or
Common Elements, 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 immediate 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
(c) the Association is granted an easement over each Lot for the purposes of
providing Lot maintenance as contemplated by Article Ill, Section 5, hereof or when an Owner
fails to provide maintenance and upkeep in accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be
binding on the Declarant and the Association, their successors and assigns, and any Owner,
purchaser,mortgagee and other person having an interest in the Planned Community, 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.
ARTICLE III
HOMEOWNER§'ASSOCIATION
SECTION 1. Formation of Association. The Association shall be incorporated no later
than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit
corporation organized 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 Elements and any Limited Common Elements in accordance with this Declaration, its
Charter and Bylaws. The Association shall be empowered to perform and/or exercise those
powers set forth in the Act as it may be amended from time to time, in addition to any powers
and authority otherwise granted to it.
SECTION 2. 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. Voting Rights. The Association shall have two (2) classes of voting
Membership:
Class A. Class A Members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one(1) vote for each Lot owned. When more
than one person holds an interest in any Lot, all such persons shall be Members.
6

IflhIII III III 11111IIi11111111111111 82145 P09 i cn 3lim
Brunswick County, NC Register of Deeds page 7 of 25
The vote for such Lot shall be exercised as they determine, but in no event shall
more than one (1) vote be cast with respect to any Lot. Fractional voting with
respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be entitled to
three(3) votes for each Lot owned. The Class B Membership shall cease and be
convened to Class A Membership upon the happening of any of the following
events,whichever occurs earlier.
(a) when the total vote outstanding in the Class A Membership
equals the total vote outstanding in the Class B Membership, or
(b) on December 31,2018, or
(c) upon the voluntary surrender of all Class B Membership by
the holder thereof.
The period during which there is Class B Membership is sometimes referred to herein as
the"Declarant Control Period."
SECTION 4. Governmental Permits. After completion of construction of any facilities
required to be constructed by Declarant pursuant to permits. agreements and easements for the
Planned Community, all duties, obligations, rights and privileges of the Declarant under any
water. sewer, stormwater and utility agreements, easements and permits for the Planned
Community with municipal or governmental agencies or public or private utility companies,
shall be the duties, rights, obligations, privileges and the responsibility of the Association,
notwithstanding that such agreements, easements or permits have not been assigned or the
responsibilities thereunder specifically assumed by the Association. There are additional
provisions made in this Declaration concerning stormwater facilities and the Stormwater Permit.
SECTION 5. Common Elements. The Association shall,at its sole cost and expense,be
responsible for the operation and maintenance of each Common Element within the Planned
Community from the date of completion of its construction or improvement by the Developer,
whether or not(i)such Common Element has actually been deeded to the Association,or(ii)any
permit issued by a governmental agency to Declarant for the construction and operation of the
Common Element has been transferred from the Declarant to the Association or assumed by the
Association. If the Declarant is required by any government agency to provide any operation or
maintenance activities to a Common Element for which the Association is liable to perform such
operation and maintenance pursuant to this section, then the Association agrees to reimburse the
Declarant the cost of such operation and maintenance within thirty (30) days after Declarant
renders a bill to the Association therefore. The Association agrees to levy a Special Assessment
to cover the amount of such bill if it does not have other sufficient funds available. Declarant
shall be entitled to specific performance to require the Association to levy and collect such
Special Assessment.
7

11111M11111111tirBRfo210.4r5t
�o ' oz zz 2009
111 d il�7� aoof3250unsu1ckCoun NC
The Association may, in its discretion, cause a landscaping service or other lawn care
maintenance company to provide lawn care services to each Lot, including mowing the front and
side yards and trimming and bedding of shrubs or bushes which are not in fenced backyard
areas, or which are visible from any street within the Planned Community. Notwithstanding the
foregoing, it shall be the continuing responsibility of the Owner of each Lot to assure that the Lot
is mowed regularly, including the area between the lot line and the edge of the paved street, and
to maintain in a neat condition all landscaping and plant materials contained within their
respective fenced backyard areas or other inaccessible areas, if any. Additionally. each Owner
shall keep the Lot clear of any unsightly objects, and in the event that the Owner of any Lot
within the Planned Community breaches this restriction, the Declarant and the Association
reserve the right. and an easement, to enter upon the Lot to take such action as is necessary to
clean up the Lot and remove unsightly structures and objects at the Owner's expense as provided
herein. Where Lots border on or contain ditches, drainage canals or swales. ponds or
detention/retention ponds, the Owner of each Lot shall maintain that area. including the slopes,
down to the edge of the water in a neat well kempt condition. Washouts or erosions on the Lots
adjoining ditch banks, channels,ponds, and swales shall be properly tended to by the respective
Lot Owner. Notwithstanding the foregoing, no Lot Owner may do anything, or as the case may
be. neglect to take any action. which may cause any modification of the storm water
management system constructed in the Planned Community. This obligation and right may be
enforced by the Association or any Owner as provided in Article VIII herein.
SECTION 6. Limited Common Elements. Any fencing constructed along the perimeter
of a Lot by the Declarant or a Builder acquiring an unimproved Lot from Declarant shall be
deemed Limited Common Elements appurtenant to such Lot. Maintenance and repair of such
fencing shall be the responsibility of the Association. The expenses of such maintenance and
repair shall be paid by Lot Owner for such repairs or maintenance peculiar to the fencing located
on a particular Lot or Lots and the expenses of any repairs or maintenance necessitated by the
actions of a Lot Owner shall be the responsibility of that Lot Owner.
SECTION 7. Insurance. The Executive Board on behalf of the Association, as a
Common Expense, may at all times keep the Common Elements and other assets of the
Association. if any. insured against loss or damage by fire or other hazards and such other risks,
including public liability insurance, upon such terms and for such amounts as may be 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. In no event shall the insurance coverage obtained by
the Association be brought into contribution with insurance purchased by Members or their
mortgagees. At a minimum, the Executive Board shall maintain the insurance coverage required
by the Act.
SECTION S. Architectural Review Committee. The Executive Board shall perform all
duties of the Architectural Review Committee if no such committee is appointed by it, subject,
however, to the Special Declarant Rights. Any Architectural Review Committee appointed by
the Executive Board shall consist of at least three(3)members,at least two(2)of which shall be
Lot Owners.
S

liii till 11111 IIIIIIIIIIIilllllllllIII 2745 P0994 °2- -3�.000
Brunswick County, NC Register of Deeds' Robinson
page 9 of 25
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot
Owner covenants and agrees to pay to the Association the following assessments (collectively,
the"Assessments"):
(a) Annual Assessments,
(b) Special Assessments.
(c) Insurance Assessments.
(d) Ad Valorem Tax Assessments, and
(e) Working Capital Assessments.
The Assessments, together with interest, costs and reasonable attorneys' fees, shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the
Assessments arc made. Each such Assessment, together with interest, costs and reasonable
attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such
Lot at the time when the Assessment fell due. Assessments shall not be due and payable from
approved builders who purchase Lots) for the purpose of constructing residence(s) on a Lot(s)
for a period of one year from the date of the builder's purchase of the Lot or the builder's sale of
the Lot, whichever date arrives first. The personal obligation for delinquent Assessments shall
not pass to the Owner's successors in title unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and welfare of the
Owners and residents of the Planned Community and for the maintenance, repair and
replacement of the Common Elements and any Limited Common Elements. 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 Elements, and any Limited Common
Elements, including payment of utilities, enforcing this Declaration, paying taxes, insurance
premiums. legal and accounting fees and governmental charges: paying the cost of any lawn
maintenance provided by the Declaration in accordance with Article III. Section 5, hereof:
establishing working capital; paying dues and assessments to any organization or Master
Association of which the Association is a member, and. in addition, doing any other things
necessary or desirable in the opinion of the Association to keep the Common Elements and
Limited Common Elements in good operating order and repair.
SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed budget
for the Association at least annually. Within thirty (30) days after adoption of the proposed
budget for the Association, the Executive Board shall provide to all of the Lot Owners a
summary of the budget and notice of a meeting to consider its ratification, including a statement
that the budget may be ratified without a quorum. The Executive Board shall set a date for a
9

1111111111111111111011111111111111182745•
P09 .5 12:a9:37.00a
Brunswick County, C Register of bDeeds page Robinson f 25
meeting of the Lot Owners to consider ratification of the budget, such meeting to be held not less
than ten (10) days nor more than sixty (60) days after mailing of the summary and notice. The
budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association
rejects the budget. In the event the proposed budget is rejected. the periodic budget last ratified
by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent
budget proposed by the Executive Board. The Annual Assessment for each Lot shall be
established based on the annual budget thus adopted; provided, however, that the first Annual
Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner.
The due date for payment shall be established by the Executive Board. The Executive Board
shall have the authority to require the Assessments to be paid in periodic installments. The
Association shall, upon demand, and for a reasonable charge. furnish a certificate signed by an
officer of the Association setting forth whether the.Assessments on a specified Lot have been
paid.
SECTION 4. Special Assessments. 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 following purposes:
(a) To defray. in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Elements and any Limited
Common Elements, including fixtures and personal property related thereto, provided that any
such Special Assessment shall have the assent of two-thirds (2/3) of the Members of each class
who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of
any meeting of Owners called for the purpose of approving such Special Assessment shall be
sent to all Members not less than ten (10) days nor more than sixty(60) days in advance of the
meeting.
(b) Without a vote of the Members, to provide funds to reimburse the
Declarant as provided for in Article III, Section 5. hereof.
SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by
the Board of Directors or its designee and any deductibles payable by the Association upon loss
shall be a Common Expense. and the Association may at any time levy against the Owners
equally an "Insurance Assessment," in addition to the Annual Assessments. which shall be in an
amount sufficient to pay the cost of all such deductibles and insurance premiums not included as
a component of the Annual Assessment.
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the
Common Elements, if any, shall be a common expense, and the Association may at any time
levy against the Owners equally an "Ad Valorem Tax Assessment," in addition to the Annual
Assessments, which shall be in an amount sufficient to pay ad valorem taxes not included as a
component of the Annual Assessment.
SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to an
Owner by Declarant, the Owner shall pay the sum of S200.00 to the Association as working
capital to be used for operating and capital expenses of the Association. Such amounts paid for
10

11111111
J9� 02_22-2°�. RobBrunsw111111111111111111111111111
ck County, C Register of Deeds page 11 of 25
working capital are not to be considered as advance payment of the Annual or any other
Assessments.
SECTION 8. Rate of Assessment. The Association may differentiate in the amount of
Assessments charged when a reasonable basis for distinction exists,such as between vacant Lots
of record and Lots of record with completed dwellings for which certificates of occupancy have
been issued by the appropriate governmental authority, or when any other substantial difference
as a ground of distinction exists between Lots. However, Assessments must be fixed at a
uniform rate for all Lots similarly situated.
SECTION 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant except for the
builder exception set forth in Section 1 above.
SECTION 10. Effect of Nonpayment of Assessments and Remedies of the Association.
Any Assessment or installment thereof not paid within thirty(30) days after the due date shall
bear interest from the due date at the highest rate allowable by law. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose the lien
against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments
provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid
installment payments of Assessments shall become immediately due and payable if an Owner
fails to pay any installment within the time permitted. The Association may also establish and
collect late fees for delinquent installments in accordance with North Carolina Law.
SECTION 11. Lien for Assessments. The Association may file a lien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of thirty(30) days or
longer.
(a) The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the Office of the Clerk of Superior Court of the county in which the Lot
is located. The Association may foreclose the claim of lien in like manner as a mortgage on real
estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees,
charges, late charges, fines, interest, and other charges imposed pursuant to Sections 47F-3-102,
47F-3-107,47F-3-107.1 and 47F-3-115 of the Act are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances on
a Lot except: (i) liens and encumbrances(specifically including,but not limited to, a mortgage or
deed of trust on the Lot) recorded before the docketing of the claim of lien in the Office of the
Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments
and charges against the Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within three(3)years after the docketing of the claim of lien in the
Office of the Clerk of Superior Court.
11

1�IIIIII III IIIIIII l IIIII��IIIIII III1I Rober V7 i son-371DD
Brunswick County, Register of Deeds page 12 of 25
(d) Any judgment, decree or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first
deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the
Assessments against the Lot which became due prior to the acquisition of title to the Lot by such
purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from
all of the Lot Owners including such purchaser,its heirs, successors and assigns.
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of the
Lot, and the amount of the lien claimed.
ARTICLE V
JRIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the Special
Declarant Rights as herein defined and the following rights, powers and privileges which shall
be in addition to the Special Declarant Rights and any other rights, powers and privileges
reserved to the Declarant herein:
SECTION 1. The Architectural Review Committee/Executive Board. All duties and
responsibilities conferred upon the Architectural Review Committee by this Declaration or the
Bylaws 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. The
Declarant is entitled during the Declarant Control Period to appoint and remove the officers and
members of the Executive Board.
SECTION 2. Plan of Planned Community. The right to change,alter or re-designate the
allocated planned, platted or recorded use or designation of any of the lands constituting the
Planned Community including, but not limited to,the right to change, alter or re-designate road,
utility and drainage facilities and easements and to change, alter or re-designate such other
present and proposed amenities, Common Elements,or facilities as may in the sole judgment and
discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves 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 or Lots shown on any such subdivision plat into two(2) or more
Lots; to recombine one(1)or more tracts or Lots or a tract and Lots to create a larger tract or Lot
(any Lot resulting from such recombination shall be treated as one Lot for purposes of
Assessments); to eliminate from this Declaration or any plats of the Planned Community Lots
that are not otherwise buildable or are needed or desired by Declarant for access or are needed or
desired by Declarant for use as public or private roads or access areas, whether serving the
Planned Community or other property owned by the Declarant or others,or which are needed for
the installation of utilities, Common Elements or amenities: and to take such steps as are
12

I II Jil I lI 111111111111 liii IllV7:411020937.0
Pe998 iso2-20 0Da
Brunswick County, NC Register oeeds page 13 of 25
reasonably necessary to make such re-platted Lots or tracts suitable and fit as a building site,
access area, roadway or Common Elements.
SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be
amended without Member approval 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.
(c) To incorporate or reflect any platting change as permitted by this article or
otherwise 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 control of the United States Government or the State of
North Carolina,regarding purchase or sale 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 of standards, aesthetics, and matters
affecting the public health, safety and general welfare. A letter from an official of any such
corporation or agency. including, without limitation, the Department of Veterans Affairs. 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 shall be sufficient evidence of the approval of such corporation or
agency, provided that the changes made substantially 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.
SECTION 4. Annexation of Additional Property. Declarant may annex to and make a
part of the Planned Community any other real property which Declarant now owns or which
Declarant may hereafter acquire or develop (the "Additional Property"). Annexation of
Additional Property to the Planned Community shall require the assent of sixty-seven percent
(67%) of the Class A Members who are voting in person or by proxy at a meeting called for this
purpose; provided, however, Additional Property may be annexed to the Planned Community
without the assent of the Members so long as the Additional Property is developed in accordance
13

02 zz zags
1111111 is e of Deed s 11111111111111C11R1111treP.1°911esl a f'25
Brunswick�o ,
with the same general scheme as the other portions of the Planned Community. Nothing herein
shall require the Developer to annex any lands to the Planned Community.
ARTICLE VI
USE RESTRICTIONS.ARCHITECTURAL
CONTROL AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling.
wall, fence or other structure shall be 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 surfaces) be made until the plans and specifications showing the 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 the Architectural Review Committee. If the Architectural Review Committee
fails 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. Refusal 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 Architectural Review
Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished
to the Architectural Review Committee for its records. The Architectural Review Committee
shall not be responsible for any structural or other defects in plans and specifications submitted
to it or in any structure erected according to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
(a) Each single-story dwelling shall have a minimum of 1,800 square feet of
enclosed, heated dwelling area and each multi-story dwelling shall have a minimum of 2,050
square feet of enclosed, heated dwelling area at least 1,400 square feet of which shall be on the
first floor of the dwelling; provided,however,the Architectural Review Committee may permit a
dwelling to have less than the above-stated footage if the Committee, in its sole discretion, finds
that the variance will not adversely impact property values within the Planned Community. The
term"enclosed,heated dwelling area"shall mean 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) Since the establishment of inflexible building setback lines for location of
houses on Lots tends to force construction of houses directly to the side of other homes with
detrimental effects on privacy, view, preservation of important trees and other vegetation.
ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect. the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Architectural Review Committee;
provided, however, that no structure shall be constructed closer to a Lot line than is permitted by
applicable governmental regulations.
14

oz 2z-zoos
II IIIIIIlIIIIIII IIIIllfllllllll�f 62745 Ple Robinson.3?.000
Brunswick County, NC Register of Deeds page i5 of 25
(c) No clearing, maintenance or disturbance of the natural condition of a Lot
may be undertaken until Owner or builder has received approval for such action from the
Architectural Review Committee.
(d) The exterior of all dwellings and other structures must be completed
within twelve (12) 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, natural calamities, or the complexity of design and
construction.
(e) All service utilities, fuel tanks and wood piles are to be enclosed within a
wall or plant screen of a type and size approved by the Architectural Review Committee. so as to
preclude the same 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 furnished by the
Architectural Review Committee. Fences shall be permitted on any Lot:provided,however. that
the design, placement and materials of any fence must be approved by the Architectural Review
Committee prior to commencement of construction of same. Clothes lines are not permitted on
any Lot.
(i) 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, turf
stone or any other material approved by the Architectural Review Committee.
(g) All light bulbs or other lights installed in any fixture located on the
exterior of any building or any Lot for the purpose of illumination shall be clear, white or non-
frost lights or bulbs.
(h) All roofing products shall be natural wood shakes,asphalt shingles(30
year or better), slate or standing seam metal.
(i) Exterior siding materials shall be brick, natural wood. Hardiplank and/or
vinyl.
SECTION 3. Use Restrictions.
(a) Land Use and Building Type. No Lot shall be used for any purpose
except for residential purposes, subject, however, to the rights of the Declarant contained herein.
All numbered Lots are restricted for construction of one single-family dwelling, plus a detached
garage, if there is not one attached to the residence, and such other accessory buildings as may be
approved by the Architectural Review Committee.
(b) Nuisances. No noxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of
15

111111111111111111111111111111111111 Rober P1@ o i s :ao to
Brunswick County, NC Register of Deeds page 16 of 25
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 of other Lots by the Owners
thereof. It shall be the responsibility of each Owner to prevent the development of any unclean,
unsightly or unkempt condition of buildings or grounds on the Owner's Lot which would tend to
decrease the beauty of the neighborhood as a whole or the specific area.
(c) Temporary Structures. No structure of a temporary character shall be
created or allowed to remain on any Lot, and no trailer, basement, tent, shack, garage, barn or
other outbuilding shall be used on any Lot any time as a residence either temporarily or
permanently.
(d) Vehicles/Boats. No boat,motor boat(including"wave runners"and other
personal watercraft). camper, trailer, motor or mobile homes. tractor/trailer, or similar type
vehicle shall be permitted to remain on any Lot or on any street at any time, without the written
consent of the Association. No inoperable vehicle or vehicle without current registration and
insurance will be permitted on any Lot, street or Common Element. 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 garages or other areas and not visible from
the street.
(e) Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that cats, dogs or other household pets may be
kept or maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free,bark excessively, and arc at all times kept
properly leashed or under the control of their owner,and do not become a nuisance.
(f) Statuary. TV Satellite Dishes and Outside Antennas: Flags. 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 been granted by the Architectural Review Committee, provided, however. that
satellite dishes not over 18" in diameter which cannot be seen from the street and are integrated
within a dwelling on the Lot and the surrounding landscape are permitted. With regard to the
regulation of flags, no outdoor flag may be placed on any Lot or dwelling unit unless and until
permission for the same has been granted by the Architectural Review Committee.
Notwithstanding any other provision herein, the United States Flag and/or the North Carolina
flag having the maximum dimensions of four feet by six feet (4' x 6') may be displayed on an
Owner's own Lot. Any flags will be displayed in accordance with traditional rules and patriotic
customs set forth in 4 U.S.C. §§5-10, as amended, governing the display and use of the flag of
the United States.
(g) Construction in Common Elements. No Person (with the exception of
Declarant in connection with the exercise of its Special Declarant Rights) shall undertake, cause.
or allow any alteration or construction in or upon any portion of the Common Elements except at
the direction or with the express written consent of the Association.
Ih

11111111111I11I11II1111I1111111I1IIII Robeed5 P10 o o: e
Or staid( County, NC Register of Des page 17 of 25
(h) Signs. No signs (including "for sale" or "for rent" signs) shall be
permitted on any Lot in the Common Elements without permission of the Executive Board:
provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale
signs on Declarant's Lots and maintain signs on the Common Elements advertising the Planned
Community. With regard to the regulation of political signs, the Association, pursuant to the
provisions of the Act, may (i) prohibit the display of political signs on a Lot earlier than forty-
five (45) days before the day of an election and later than seven (7) days after an election day,
and/or(ii) regulate the size and number of political signs that may be placed on a Lot (but only
to the extent the Association's regulation is no more restrictive than any applicable city, town or
county ordinance that regulates the size and number of political signs on residential property). If
the local government in which the applicable property is located does not regulate the size and
number of political signs on residential property, the Association shall permit at least one (1)
political sign with the maximum dimensions of 24 inches by 24 inches(24"x 24")on a Lot. For
the purposes of this paragraph, a "political sign" means a sign that attempts to influence the
outcome of an election, including supporting or opposing an issue on the election ballet.
(i) Subject to any rights reserved to the Declarant herein, no Lot shall be
subdivided, or its boundary lines changed except with the prior written consent of the Declarant
during the Declarant Control Period and thereafter by the Board of Directors.
SECTION 4. Maintenance. Each Lot Owner shall obtain prior approval of the
Architectural Review Committee of the proposed species of grass sod to be used on the Owner's
Lot. The Owner shall sod all portions of the Lot other than areas upon which the dwelling,
outbuildings, driveway, sidewalks, wetland areas as shown on the Plat and approved landscaped
beds at the sole expense of the Owner. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat and
in good condition and repair. All shrubs, trees,grass and plantings shall be kept neatly trimmed
and properly cultivated.
ARTICLE VII
STORMWATER PERMIT/FACILITIES
SECTION 1. Stormwater Permit. The Association and each of its Members agree that
at any time after(i) all work required under the Stormwater Permit has been completed (other
than operation and maintenance activities), and(ii) the Declarant is not prohibited under DENR
regulations from transferring the Stormwater Permit for the PIanned Community to the
Association, the Association's officers without any vote or approval of Lot Owners. and within
ten (10) days after being requested to do so. will sign all documents required by DENR for the
Stormwater Permit to be transferred to the Association, provided, however, that at the time the
Developer requests that the Association accept transfer of the Stormwater Permit. the Developer
has delivered to the Association a certificate from an engineer licensed in the State of North
Carolina, dated no more than forty-five (45) days before the date of the request, that all
stormwater retention ponds, swales and related facilities are constructed in accordance with the
plans and specifications therefore. If the Association fails to sign the documents required by this
paragraph, the Developer shall be entitled to specific performance in the courts of North Carolina
requiring that the appropriate Association officers sign all documents necessary for the
17

1111111111ll11l I aunI Ilt11111111 Registr Robert Pi003 8 rtof Deeds page .:00
Brunsw25
Stormwater Permit to be transferred to the Association. Failure of the officers to sign as
provided herein shall not relieve the Association of its obligations to operate and maintain the
stormwater facilities covered by the Stormwater Permit.
SECTION 2. Stormwater Facilities Operation and Maintenance. Any stormwater
infiltration basins and related facilities for the Planned Community which have or are to be
constructed by or on behalf of Declarant constitute Common Elements and, subject only to the
provisions of Section 3 of this Article VII, the Association, at its sole cost and expense, is
responsible for the operation and maintenance of such facilities. Except as provided in Section 3
of this Article VII, the Association shall indemnify and hold harmless the Declarant from any
obligations and costs under the Stormwater Permit for operation and maintenance of the
stormwater retention ponds and related facilities.
SECTION 3. Damage to Stormwater Facilities. The Declarant shall, at its sole cost and
expense, be responsible for repairing any damage to stormwater facilities caused by Declarant's
development activities. The Declarant shall not be responsible for damages to stormwater
retention ponds and related facilities caused by any other cause whatsoever, including, but not
limited to, construction of residences or other activities by Owners, their agents and contractors
upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for
damages to such stormwater facilities caused by construction of buildings or other activities
upon the Owner's Lot. Each Owner shall, within thirty (30) days after receipt of notice of
damage to stormwater facilities,repair the damage at the Owner's sole cost and expense to return
them to the state required by the stormwater plans and specifications for the Planned
Community. If the Lot Owner fails to do so within said thirty(30) day period, the Association
shall perform the work and the cost of the work shall be added to the Annual Assessment due
from the Lot Owner.
SECTION 4. Enforcement of Stormwater Management Regulations. The following
covenants are intended to ensure ongoing compliance with the Stormwater Permit. The State of
North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater Permit. These covenants are to run with the land and be
binding on all persons and parties claiming under them. The covenants pertaining to stormwater
may not be altered or rescinded without the express written consent of the DWQ. Alteration of
the drainage as shown on the approved plan may not take place without the concurrence of the
DWQ.
The maximum allowable built-upon area per Lot is 4,500 square feet. This allotted
amount includes any build-upon area constructed within the Lot property boundaries, and that
portion of the right-of-way between the front Lot line and the edge of the pavement. The build-
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. All runoff from the built-upon areas 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 to collect lot
runoff and directing them into the stormwater system or into the street. Lots that will naturally
drain into the system are not required to provide these additional measures. The provisions of
18

III IIIII III�IIIIII I IIIIIIIIIIIiI ll 111 Robes ply o i son:3 e"
Brunswac County, NC Register of Deeds page 19 of 25
the Stormwater Permit are incorporated herein by reference and each Owner is required to
refrain from taking any action which would be in violation of the Stormwater Permit.
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in
this Declaration are for the purpose of protecting the value and desirability of the Planned
Community and the Lots. All present and future Owners, tenants and occupants of Lots, and
their guests or invitees, shall be subject to and shall comply with the provisions of the
Declaration,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 of the Declaration are accepted and ratified by such
Owner,tenant or occupant. The covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any interest or estate in any Lot, their
heirs,successors and assigns,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,after which time they shall be automatically extended for successive periods of ten(10)
years,unless altered or amended as set forth in Section 5 of Article IX hereof.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity)
by the Association. or the Owner of any Lot, their respective legal representatives, heirs.
successors and assigns. The Executive Board shall be entitled to enforce its Articles of
Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments, the following remedies shall be
available:
(a) Association to Remedy Violation. In the event an Owner (or other
occupant of a Lot) is in violation of or fails to perform any maintenance or other activities
required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the
Executive Board, after thirty(30) days' notice, may enter upon the Lot and remedy the violation
or perform the required maintenance or other activities,all at the expense of the Owner,and such
entry shall not be deemed a trespass. The full amount of the cost of remedying the violation or
performing such maintenance or other activities shall be chargeable to the Lot, including
collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within
thirty(30) days after Owner is billed. If not paid within said thirty(30) day period, the amount
thereof may immediately be added to and become a part of the Annual Assessment levied
against said Owner's Lot. In the event that any maintenance activities are necessitated to any
Common or Limited Common Elements by the willful act or active or passive negligence of any
Owner, his family. guests, invitees or tenants, and the cost of such maintenance, repair or other
activity is not fully covered by insurance, then, at the sole discretion of the Board of Directors,
the cost of the same shall be the personal obligation of the Owner and if not paid to the
Association upon demand, may immediately be added to and become a part of the Annual
Assessment levied against said Owner's Lot.
19

IIJIUII1WhjIW1ti!tiluir
25
(b) Fines. The Association may, in accordance with the procedures set forth
in the Act and Bylaws, establish a schedule of and collect fines for the violation of this
Declaration or of the Association's Articles of Incorporation. Bylaws or Rules and Regulations.
If an Owner does not pay the fine when due, the fine shall immediately become a part of and be
added to the Annual Assessment against the Owner's Lot and may be enforced by the
Association as all other Assessments provided for herein.
(c) Suspension of Services and Privileges. The Association may, in
accordance with the procedures set forth in the Act, suspend all services and privileges provided
by the Association to an Owner(other than rights of access to Lots) for any period during which
any Assessments against the Owner's lot remain unpaid for at least thirty (30) days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the
Association's Charter,Bylaws or Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do
so thereafter. The remedies provided herein are cumulative and are in addition to any other
remedies provided by law.
ARTICLE IX
RESTRICTIONS ON JURISDICTIONAL WETLANDS
Maintaining Wetlands. The areas shown as wetlands on that plat prepared by Cape Fear
Engineering, Inc. dated February 15, 2008 entitled "Hawkeswater at the River Phase 1-A"
recorded in Map Book 48 at Page 27 of the Brunswick County Register of Deeds shall be
maintained in perpetuity in their natural condition. No person or entity shall fill, grade,excavate,
or perform any other land disturbing activities; nor cut, mow, burn, remove or harm any
vegetation; nor construct any structures, nor allow animal grazing or watering or any other
agricultural use on such wetlands. This covenant is intended to ensure continued compliance
with the authorization issued by the United States of America, U.S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America. This
covenant is to run with the land, and shall be binding on the Declarant and all parties claiming
under it.
ARTICLE X
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders. Any institutional holder of a first
lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial statement of
the Association within ninety (90) days following the end of its fiscal year, (c) receive written
notice of all meetings of the Association and right to designate a representative to attend all such
meetings, (d) receive written notice of any condemnation or casualty loss that affects either a
material portion of the Planned Community or the property securing its loan, (e) receive written
notice of any sixty(60)day delinquency in the payment of Assessments or charges owed by any
20

III ''I ' 'IIIIIIIIIIIII'I 1111111 er B??45 P1@ eeds page2:Robinson 1 f�a°25
Owner of any property which is security for the loan, (f) receive written notice of a lapse,
cancellation, or material modification of any insurance policy or fidelity bond maintained by the
Association, (g) receive written notice of any proposed action that requires the consent of a
specified percentage of mortgage holders. and (h) be furnished with a copy of any master
insurance policy.
SECTION 2. Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an
initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot
Owner will be required to pay for any water connections, sewer connections, street lighting,
impact fees or any other charges imposed by any entity furnishing water,sewer, street lighting or
other utility service to the Lots and Common Elements. In the alternative, the Developer may
collect such connection, impact and other fees, and charges directly from the Lot Owners. All
Lot Owners shall be required, for household purposes, to use water and sewer supplied by the
companies/governmental units servicing the Planned Community. Separate water systems for
outside irrigation and other outdoor uses shall not be permitted without the consent of the
Architectural Review Committee.
SECTION 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. Amendment of Declaration. Except in cases of amendments that may be
executed by the Declarant under this Declaration or by certain Lot Owners under the Act, this
Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots
to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by
the Declarant if necessary for the exercise of any Special Declarant Right or development or
other right reserved to the Declarant herein.
SECTION 5. FHA/VA Approval. So long as there is Class B membership, annexation
of Additional Properties, dedication of Common Elements and/or amendments to this
Declaration must be approved by the Federal Housing Administration and/or the Department of
Veterans Affairs. as the case may be, if either of' those agencies has approved the making,
insuring or guaranteeing of mortgage loans within the Planned Community.
SECTION 6. North Carolina Planned Community Act. It is the intent of the Declarant
to comply with the requirements imposed on the Planned Community by the Act and to the
extent any of the terms of this Declaration violate the Act,the terms of the Act shall control.
SECTION 7. Joinder. Cooperative Bank joins in the execution of this Declaration for
the purpose of consenting to the terms and conditions contained herein, and for the additional
purpose of subordinating, except as herein set forth, the Deed of Trust recorded in Book 2606,
Page 37, and the Assignment of Leases and Rents recorded in Book 2606, Page 49, Deed of
Trust recorded in Book 2606, Page 72. and the Assignment of Leases and Rents recorded in
Book 2606, Page 92, Deed of Trust recorded in Book 2606, Page 106, and the Assignment of
Leases and Rents recorded in Book 2606, Page 121, Deed of Trust recorded in Book 2605,Page
21

Feltdtsillobi°1122i272123:1°-21317:1111111111111�11111r
11111111111 nc ��gi
1111 wick �ounty.
Bruns
1340, and the Assignment of Leases and Rents recorded in Book 2605. Page 1361, all in the
Brunswick County Registry, as the same may have been modified from time to time, to the
provisions of this Declaration and by affixing its duly authorized signature hereto,
does hereby specifically subordinate, except as herein set forth, said Deed of Trust recorded in
Book 2606, Page 37, and Assignment of Leases and Rents recorded in Book 2606, Page 49,
Deed of Trust recorded in Book 2606, Page 72, and the Assignment of Leases and Rents
recorded in Book 2606, Page 92, Deed of Trust recorded in Book 2606, Page 106, and the
Assignment of Leases and Rents recorded in Book 2606, Page 121, Deed of Trust recorded in
Book 2605, Page 1340, and the Assignment of Leases and Rents recorded in Book 2605, Page
1361 to the terms of this Declaration. Except for said subordination, the liens of said Deeds of
Trust shall remain in full force and effect until released by Cooperative Bank by instrument duly
recorded in the Brunswick County Registry.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its
corporate name by its president pursuant to authority of Declarant's Board of Directors as of the
day and year first above written.
HAWKE ATER PMENT, .
By:
SWATER II DEVELOPMENT,LNC.
By: .
1' ' IIID' ELF „I •M INC.
-ram
B . ,•IIi_%, _. '
RIVERSIDE LAND OLD GS,LLC
By:
22

Il1IlIJJJ[IiIJII I JlJIIIIIIJII Ill li 11,1113100( - -37DB
. Rison37 DDD
6runswie County, NC Regis or eeds page 23 of 25
COOPERATIVE BANK
i//,' -----7).Its: fN "t R.L President
E1'
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, VP\oi k. K , c.•r t , a Notary Public of the County and State aforesaid,
certify that '"S°oPtrt lZ.. L.►rte.as4Irut personally appeared before me this day and
acknowledged that he is a President of Hawkeswater I Development, Inc., a North
Carolina corporation, and that he, as a President. being authorized to do so, executed the
foregoing on behalf of the corporation.
Witness my hand and official stamp or seal,this the O day of .16113.4 '!,2008_
My commission expires: 2,_2 -,' ,.Oal1 _ p., , .a. K. Q.rwie.�.
������ c�"� Notary Public
l f ►'SEAL)'•. '.*
• �OTAR) %
Lam•: a..� 6 0 i
•
1
l
ryl. s
STATE OFI['EIl'i LINA
COUNTY OF NEW HANOVER
I, 1 1 "$AP. K. . Csuie..rt , a Notary Public of the County and State aforesaid,
certify that -3".tic` A. i 4r+ o rt. 11. personally appeared before me this day and
acknowledged that he is a President of Hawkeswater II Development, Inc., a North
Carolina corporation, and that he, as a President. being authorized to do so. executed the
foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this the?.°ally of r4ioe"rsiry,2008_
My commission expires:?_a- 2.009 'Y . I..I ,,,.,,,.. `
O
..Nw.„�„. Notary Public
ST'Als 9� s
:c r► `OTAR.% '
ara�r i 0 I
1 P *G .1
•+.44..e*.1•e
APjf
1 OVER 6?
"rYrr

111111111111111iIIIIII11II11 lii C2
Nrunsuiek County, NC egL to or Deeds" ag IV
R�e �4af 25
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I: ewS C. Co oss . a Notary Public of the County and State aforesaid,
certify that L.,; 0043 L. t� personally appeared before me this day and
acknowledged that he is a _President of Hawkcswater III Development, Inc., a N rth
Carolina corporation, and that he, as a_ _President, being authorized to do so. executed the
foregoing on behalf of the corporation.
el
Witness my hand and official stamp or seal, this thc.tO-Bay ofRis,",..„*,rt,/,2008_
My commission expires: - 3.o fi �+ l,Lt r►.ti ,a�_ ( .,._,�
a+#�"w•••. Notary Public
(1 &Kr COS,".
e I1Lc A r•.�,�
*WARY : 1
e i; PtJBt. '
••••.•I•••r
'w41pVER O�
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,194r . Go.,J .r` , a Notary Public of the County and State aforesaid.
certify that ailPito. i{. LR* a$44.r- personally appeared before me this day and
acknowledged that he is a Mi....0 !e f Riverside Land Holdings, LLC., a North Carolina
limited liability company,and that he,as a Wit. ,eine authorized to do so,executed
the foregoing on behalf ofthe limited liability company.
Witness my hand and official stamp or seal.this they of 4 brr*.a► y20o8.
My commission ntir,as4.Z.- 2.-s'"t-c+ at
4, p K. CON Notary Public
AFfVe.'
R? +
e «— 0I
fy
t T �•«rN•s
•p►
24

1111111111111111111lfllllllllil1lll B2745 P1@10 102-22-2008
2:09:37.000
Brunswick County, NC Register of Deeds' Robi2onns
Page 5 of 25
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, er i d+Q,i V. H-Eb b Ix , a Notary Public of the County and State
aforesaid, certify at G. -e,. el,,.ii 'ejt, personally appeared before me this day and
acknowledged that he is W;ec President of Cooperative Bank, a North Carolina
banking corporation. and that he. as Vier., President, being authorized to do so,
executed the foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this the ZOtday of rebrual,2008.
My commission expires:Maj I 2.1)1 i 0 1 ' ` ,
��10M1urygh� ! Mary Public
$`�,•� TALy, a
IX SEAL 'O t,
Na
I _
ssit 81.IC
25