SW8021109_Historical File_20030206

�QF WArFQ Michael F. Easley, Governor
yG. Ross, Secreta
North Carolina Department of Environmlent and NaturalrResourrces
r
—I Alan W. Klimek, P.E., Director
to -c Division of Water Quality
Wilmington Regional Office
February 6, 2003
Mr. David Greer, President •
David Greer Construction, Inc.
133 Gazebo Court
Wilmington,NC 28409
Subject: Permit No. SW8 021109
Johns Creek South
Low Density Subdivision Stormwater Permit
New Hanover County
Dear Mr. Greer:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Johns Creek South on February 6,2003. Staff review of the plans and
specifications has determined that the project, as proposed,will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000.We are forwarding Permit No. SW8 021109,
dated February 6, 2003, for the construction of the project Johns Creek South.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit
that may be required.
If any parts,requirements, or limitations contained in this permit are unacceptable,you have the
right to request an adjudicatory hearing upon written request within thirty(30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings,P.O.Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
If you have any questions,or need additional information concerning this matter,please contact-
either Linda Lewis or me at(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:arl S:\WQS\STORMWAT\PERMIT\021109.FEB03
cc: Phil Tripp,P.E.
Tony Roberts,New Hanover County Inspections
David Thomas,NCDOT Division 3,District 3
Linda Lewis
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office
Central Files
-a
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

State Stormwater Management Systems
Permit No.SW8 021109
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
4.
LOW DENSITY 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
Mr. David Greer
Johns Creek South
New Hanover County
FOR THE
construction, operation and maintenance of a 25%low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit for John's Creek South.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 13 lots is limited to a maximum of 5,500 square feet of built-upon area, as
indicated in the approved plans. CAMA regulations may reduce the allowable built-upon
area for those lots within the AEC.
2. The overall tract built-upon area percentage or lot sizes for the project must be
maintained at 25%,per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and
approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
2

State Stormwater Management Systems
Permit No.SW8 021109
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,vegetated,
and be operational for their intended use prior to the construction of any built-upon
surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions
must include, as a minimum,the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 021109, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina,Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is 5,500 square feet. This allotted amount
includes any built-upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes,but is not limited to, structures, asphalt,
concrete, gravel,brick, stone, slate, and coquina,but does not include raised, open
wood decking, or the water surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings,is strictly
prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built-upon area reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30'wide vegetated buffer between all impervious areas
and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built-upon area per lot within 30 days of the date of recording.
3

State Stormwater Management Systems
Permit No.SW8 021109
6. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
7. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface
such as a road.
b. That minimum amount needed under driveways to provide access to lots.
8. Unless specified elsewhere,permanent seeding requirements for the swales must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. The permittee is responsible for verifying that the proposed built-upon area does not
exceed the allowable built-upon area. Once the lot transfer is complete,the built-upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built-upon area limit is transferred to the individual
property owner.
10. If the permittee sets up an Architectural Review Committee(ARC)to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built-upon
area(BUA). Any approvals given by the ARC do not relieve the lot owner of the
responsibility to maintain compliance with the permitted BUA limit.
11. Within 30 days of completion of the project,the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification.
12. 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.
13. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including,but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept,built-upon area, details, etc.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the drainage
area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
14. The Director may determine that other revisions to the project should require a
modification to the permit.
15. Stormwater conveyances and the vegetated filter will be located in either dedicated right-
of-way(public or private),recorded common areas or recorded drainage easements. The
final plats for the project will be recorded showing all such required easements, in
accordance with the approved plans.
16. The 100'vegetated filter adjacent Lot 13 must be maintained as a flat,heavily grassed
area with a longitudinal slope of no more than 5%.
4

State Stormwater Management Systems
Permit No.SW8 021109
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified,revoked and reissued or terminated for cause. The filing of
a request for a permit modification,revocation and reissuance, or termination does not
stay any permit condition.
4. 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 as allowed by the
laws,rules, and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval
by the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as
the Division approves the permit transfer request. Transfers to third parties by the
permittee where the required documentation has not been submitted to the Division does
not relieve the permittee of responsibility for transferring the permit.
7. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes,rules,regulations,or ordinances which may be imposed by other government
agencies (local, state and federal)which have jurisdiction. If any of those permits result in
revisions to the plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspecting the stormwater management system and it's
components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or
mailing address changes within 30 days.
Permit issued this the 6th day of February, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek„P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 021109
5

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a``
Date Received Fee Paid Permit Number
f r 13l o� .zo, Ogga'7 .�wboalia y
r State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name(specify the name of the corporation,individual, etc. who owns the project):
David Greer Construction, Inc.
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
David Greer,President
3. Mailing Address for person listed in item 2 above:
133 Gazebo Court
City: Wilmington State: NC Zip: 28409
Telephone Number: 910-790-0040
4. Project Name(subdivision,facility, or establishment name—should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
John's Creek South
5. Location of Project(street address):
East side of Myrtle Grove Road between John's Creek Road and Egret Point Road
City: Wihninton County: New Hanover
6. Directions to project(from nearest major intersection):
From the intersection of NC Hwy 76&NC 421,travel south on 421 to the intersection of SR 1148 &NC
421. Turn lert on SR1148 and travel 0.35 miles. Site is on right between Egret Point&John's Creek Rd.
7. Latitude: N 34°06' 15" Longitude: W 77°57' 30" of project
8. Contact person who can answer questions about the project:
Name: Phillip Tripp Telephone Number: 910-763-5100
IL PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit,list
The existing permit number and its issue date(if known)
3. Specify the type of project(check one):
X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404//401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
_stormwater will be treated by 3:1 low density roadside swales
2. Stormwater runoff from this project drains to the Cane Fear River basin.
3. Total Project Area: 9.2 acres 4. Project Built Upon Area: 23.85 %.
5. How many drainage basins does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
�: :�,+" � y v ..`',. ,:Yy+.:;. :;�:.•,��,�, �,,; .qk:;r:;'.'?'Q2k�',� 4. `�,�x, x,.: �\`.. i' �#2 � �"c.�'t'�`', wy
S� Z t 4:4 t K.Z,, v: y � ,fi�,•;c>;, ti:\�n �2>Y 5 � , fi � �� �%
Receiving Stream Name Intracoastal Waterway
Receiving Stream Class SA-ORW
Drainage Basin Area 9.24 ac
Existing Impervious *Area -
Proposed Impervious *Area 2.20 ac
%Impervious*Area(total) 23.85%
P M 7
On-site Buildings 71,500 sf
On-site Streets 24,480 sf
On-site Parking -
On-site Sidewalks -
Other on-site -
Off-site -
Total: E=95,980 sf E_
*Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking
areas sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off-site impervious area listed above derived? NA
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built-upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than _5,500 square feet of any lot shall be covered by structures of impervious materials. Impervious
materials include asphalt,gravel, concrete,brick stone,slate or similar material but do not include wood decking or
the water surface of swimming pools.
3. Stvales shall not be filled in,piped or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior
to construction.
5. All permitted runoffrom outparcels or future development shall be directed into the permitted stormwater control
system These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and pennance of the system as permitted
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above,that the covenants will be binding on all parties and
persons claiming under them,that they will run with the land,that the required covenants cannot be changed or
deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s)listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(910) 733-5083 for
the status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Applicant's Initials
• Original and one copy of the Stormwater Management Permit Application Form (apt.
• One copy of the applicable Supplement Form(s)for each BMP
• Permit application processing fee of$420 (payable to NCDENR) CCX,
• Detailed narrative description of stormwater treatment/management COX.
• Two copies of plans and specifications,including: COG
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number and date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours,proposed contours,spot elevations,finished floor elevations
- Details of roads,drainage features,collection systems, and stormwater control measures
Wetlands delineated,or a note on plans that none exist
- Existing drainage(including off-site), drainage easements,pipe sizes,runoff calculations
Drainage areas delineated
- Vegetated buffers(where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): Tripp Engineering,P.C.
Mailing Address: 419 Chestnut Street
City: Wilmin n State: NC Zip: 28401
Phone: _(910)763-5100 Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name ofperson listed in General Information, item 2) David Greer
certify that the information' s ed on this permit application form is,to the best of my knowledge, correct and
that the project will be co • , ,8 in conf.- .l ce with the approved plans,that the required deed restrictions
and protective covenants '11 record. that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature: S t _�/._ Date: /002
Form SWU-101 Versis •. Page 4 of 4

RECEIVED
JAN 2 9 2003
DWQ q
PROJ# SW F 02110
STATE OF NORTH CAROLINA DECLARATON OF COVENANTS.
COUNTY OF NEW HANOVER CONDITIONS AND RESTRICTIONS,
FOR JOHNS CREEK SOUTH
THIS DECLARATION, made this day of , 2003, by DAVID GREER
CONSTRUCTION, INC., a North Carolina corporations. hereinafter referred to as the
"DECLARANT":
WITNESSETH:
WHEREAS, the DECLARANT is developing certain real estate located in New
Hanover County, North Carolina, which is more particularly described as follows:
All of Lots 1 through a 3 y JOHNS CREEK SOUTH, as shown on a map
thereoffrecorded in Map Book at Page of the New Hanover
County Registry.
WHEREAS, the DECLARANT desires to impose the following uniform covenants,
conditions and restrictions upon said real estate and the future phases, if any, brought
within the development of JOHNS CREEK SOUTH;
NOW THEREFORE, Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of protecting the value and desirability
of the real estate and which shall run with the real estate and be binding on all parties
having or acquiring any right, title or interest in the real estate or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
•
DFFINITIQNS
Sertian 1 "ASSOCIATION" shall mean and refer to the JOHNS CREEK SOUTH
HOMEOWNERS ASSOCIATION, INC., a non-profit North Carolina corporation, its
successors and assigns.
1

Section 2 "Common Area" shall mean and refer to all real property owned or
acquired by the Association for the common use and enjoyment of the Owners, together
with any common area designated on each map recorded for JOHNS CREEK SOUTH.
Common area may be conveyed to the Association as additional phases are added to
JOHNS CREEK SOUTH or otherwise. Common area shall not include any property
acquired by the Association as a result of foreclosure or deed in lieu of foreclosure of an
Owner's property for nonpayment of assessments, taxes or any security interest against the
property or acquired in any other way, unless the Association elects to retain such property
and use it as common area.
Section 3 "Declarant" or "Developer" shall mean and refer to DAVID GREER
CONSTRUCTION, INC., a North Carolina corporation, its successors and assigns.
Section 4 "Development" shall mean and refer to the whole of the planned
residential development to be known as JOHNS CREEK SOUTH which shall consist of all
the real property, which has been subdivided into lots shown on maps of JOHNS CREEK
SOUTH referred to hereinabove, the common elements, plus the improvements to the
common elements, as described hereinabove.
Section 5 "Lot" shall mean and refer to any of the numbered lots on each map of
property within JOHNS CREEK SOUTH as is recorded in the New Hanover County
Registry, with the exception of the common areas.
Section F "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 7 "Properties" shall mean and refer to that certain real property
hereinabove described, and such phases or additions thereto as may hereafter be brought
within the jurisdiction of the Association by Declarant.
ARTICLE II
PROPFRTY RIGHTS
Section 1 OWNERS' EASEMENTS OR ENJOYMENT: Every Owner shall have a
right and easement of enjoyment in and to the Common Area which shall be appurtenant to
2

and shall pass with the title to every Lot, subject to the following provisions:
A. The right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the common
area;
B. The right of the Association to limit the number of guests of members;
C. The right of the Association to suspend the voting rights and right to
use of the recreational facilities by an owner for any period during
which any assessment against his Lot remains unpaid; and for a
period not to exceed sixty (60) days for an infraction of its published
rules and regulations;
D. The right of the Association to dedicate or transfer all or part of the
Common Area to any public agency, authority, or utility for such
purposes and subject to such conditions as may be agreed to by the
members. Except for the grant or conveyance of a standard utility
easement in order to obtain utility service to the common area, no
such dedication or transfer shall be effective unless an instrument
signed by two-thirds (2/3) of each class of members agreeing to such
dedication or transfer has been recorded, provided, however, that the
Association has the authority to dedicate the streets to the public.
With respect to a standard utility easement permitting utility service to
the common area, the Board of Directors may authorize the officers to
execute such a grant or conveyance of the standard utility easements
to .the utility company without a vote of the membership of the
association;
E. The ,right of the Association to impose regulations for the use and
enjoyment of the Common Area and improvements thereon, which
regulations may further restrict the use of the Common Area;
Section 9, DELEGATION OF USE: Any Owner may delegate, in accordance with
the By-Laws but subject to the provisions of this document, his right of enjoyment to the
Common Area and facilities to the members of his family, his tenants, or -contract
purchasers who reside on the property.
ARTICLE III
HOMFOWNFRS ASSOCIATION MFMRFRSHIP AND VOTING RIGHTS
Section 1 Every Owner of a Lot which is subject to assessment shall be a member
of the JOHNS CREEK SOUTH Homeowners Association. Membership shall be
appurtenant to and shall not be separated from ownership of any Lot which is subject to
assessment. Each owner has the duty to comply with and obey these Articles, the Bylaws
of the Association and the Rules and Regulations of the Association.
Section 9 The Association shall have two classes of voting membership:
CLASS "A". Class A members shall be all owners with the exception
of the Declarant. There shall be one Class "A" vote for each lot
owned. When more than one person holds an interest in any lot, all
such Persons shall be members. The vote for such lot shall be
3

exercised as they determine, but in no event shall more than one vote
be cast with respect to any lot.
CLASS "B". The Class "B" member(s) shall be the Declarant (as
defined in the declaration) who shall be entitled to three (3) votes for
each lot owned. The Class "B" membership shall cease and be
converted to Class "A" membership on the happening of either of the
following events, whichever occurs earlier:
(1) When ninety percent (90%) of the lots, which
have been platted and at the time the 90% is
determined, are conveyed; or
(2) On June 30,
ARTICLE IV
COVFNANTS FOR MA(NTFNANCF ASSFSSMFNTS
Section 1.. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENT: Each Owner of any Lot by acceptance of a deed therefor, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay the
Association:
A. Annual assessments or charges; and
B. Special assessments for capital improvements, exterior maintenance
land insurance in connection with common area property, such
assessments to be established and collected as hereinafter provided;
and a pro rata share of ad valorem taxes levied against the common
area.
The annual and special assessments, together with interest, costs, and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of the
persons who were the Owner of such property at the time when the installment fell due.
The personal obligation for delinquent assessments shall not pass to his successors in title
unless expressly assumed by them; provided, however, such assessment shall always be a
lien upon the land until paid, and no sale shall extinguish such assessment, except a
foreclosure sale mentioned below in Section 11 of this Article IV.
It is expressly provided, however, that in consideration of the Declarant's prior
construction of the amenities and improvements on the real estate which is to constitute the
common area in this development, that the DECLARANT shall be exempt from and shall
not have to pay assessments on any lots owned by it within this development .
4

Sectinn 2 PURPOSE OF ASSESSMENTS: The assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and welfare
of the residents in the properties, for the improvements and maintenance of the common
area, to include but not limited to maintenance of the roads as shown on that map of
JOHNS CREEK SOUTH as hereinabove referenced and to obtain and pay for insurance
where authorized or required by this document, the corporate charter, the Bylaws, Action of
the Board of Directors or members of the association.
Section 3 The Board of Directors shall fix the amount of the annual assessment
against each lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every owner subject thereto. The
due dates shall be established by the Board of Directors and the Board of Directors shall
have the authority to require the assessments to be paid in annual installments or to divide
the annual assessment and have it paid in periodic installments throughout the year. 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 and for what period.
Section 4 SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS: In
addition to the annual assessments authorized above, the Association may levy in any
assessment year, a special assessment applicable to that year only, for the purpose of
defraying, in whole or part, the cost of any construction or reconstruction, repair or
replacement of a capital improvement upon the Common Area, including fixtures and
personal property related thereto, provided that any such assessment shall have the assent
of two-thirds (2/3) of the vote of each class of members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 5, SPECIAL ASSESSMENTS FOR INSURANCE: As an additional annual
assessment, the Association shall levy against the owners equally an amount sufficient to
.pay the annual cost of all public liability and common area insurance premiums for the
Association and its members, officers, Directors and employees. The Board of Directors (or
its designee) shall, on behalf of the Association, as its common expense and at all times,
keep the common property insured against loss or damage by fire or other hazards
5

normally insured against at 100% of replacement costs and other risks including public
liability insurance, in such terms and in such amounts as may be reasonably necessary
from time to time to protect the common property on behalf of the Association. As a part of
the annual assessments the Association shall also obtain and pay for such insurance
policies and bonds that the Directors of the Association deem necessary or advisable
including, but not limited to, officers' and Directors' liability coverage, fidelity bonds,
casualty or hazard insurance or any other insurance for the Directors and officers of the
Association or otherwise.
Section F NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER
ARTICLE IV FOR MEMBERSHIP: Written notice of any meeting called for the purpose of
taking an action authorized under Article IV for the membership shall be sent to all
members not less than ten (10) days nor more than sixty (60) days in advance of the
meeting. At the first such meeting called, the presence of members or of proxies entitled to
cast sixty percent (60%) of all the votes of each class of membership shall constitute a
quorum. If the requirred quorum is not present, another meeting may be called subject to
the same notice requirement, and the required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7. UNIFORM RATE OF ASSESSMENT: Both annual and special
assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly,
annual or other basis as the Homeowners Association determines, save special
assessments levied against any lot for casualty insurance as above required.
Section 8 EFFECT OF NON-PAYMENT OF ASSESSMENTS-REMEDIES OF THE
ASSOCIATION: Any assessment not paid within thirty (30) days after the due date shall
bear interest at the rate of fourteen percent (14%) per annum. The Association may bring
an action at law against the owner personally obligated to pay the same, or foreclose the
,lien against the property. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the common area or abandonment of his
lot.
Sectinn 9 EFFECT OF DEFAULT IN PAYMENT OF AD VALOREM TAXES OR
6

ASSESSMENTS FOR PUBLIC IMPROVEMENTS BY ASSOCIATION: Upon default by the
Association in the payment to the governmental authority entitled thereto of any ad valorem
taxes levied against the Common Area or assessments for public improvements to the
Common Area, which default shall continue for a period of three (3) months, each Owner of
a Lot in the development shall become personally obligated to pay to the taxing or
assessing government authority a portion of such unpaid taxes or assessments in an
amount determined by dividing the total taxes and/or assessments due the governmental
authority by the total number of Lots in the development. If such sum is not paid by the
Owner within thirty (30) days following receipt of notice of the amount due, then such sum
shall become a continuing lien on the Lot of the then Owner, his heirs, devisees, personal
representatives and assigns, and the taxing or assessing governmental authority may
either bring an action at law or may elect to foreclose the lien against the Lot of the Owner.
Section in SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage upon
the property. Sale or,transfer of any Lot shall not effect the assessment lien. However, the
sale or transfer of any Lot pursuant to the foreclosure of a deed of trust or mortgage, a deed
in lieu of foreclosure, or any other proceeding in lieu of foreclosure, shall extinguish the lien
of such assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability or any assessments thereafter becoming
due or from the lien thereof.
ARTICLE V
11SF RFSTRICTIONS
Section 1 All lots within the development shall be used for single family residential
purposes only, except for those lots owned by the Homeowners Association and used for
the amenities package or otherwise held as common area.
Section 9 No building, fence, wall or other structure shall be commenced or erected
or maintained upon any Lot nor shall any exterior addition to or change or alteration therein
be made until the plans and specifications showing the nature, kind, shape, height,
materials and location of the same, including any requirements for landscaping, sod or
seed, shall have been submitted to and approved in writing as to the harmony of external
7

02/06/2003 11:11 9107635631 TRIPP ENGINEERING PAGE 02
Z@'d 1N101
design and location in relation to surrounding structures and topography by the Declarant,
its successors anchor assigns. In the event Declarant, or its designated 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. All residences shall have landscaping(approved
by the Declarant) in place within thirty (30) days of the issuance of a certificate of
occupancy.
Without limiting the authority of the architectural review committee and/or Declarant
as set forth above,the foltowing specific restrictions shall apply to each lot notwithstanding
the failure of the board of Directors or the architectural review committee to act within thirty
(30)days after plans or specifications have been submitted to it
A. No single family residence smaller than 1,900 heated
square feet,when measured by exterior surface.which square
footage shell be exclusive of porches, steps, walks, garages.
carports. storage areas,etc.,shall be constructed or located in
said subdivision. No structure shall be erected,altered,placed
or permitted to resin in said subdivision exceedng two and
one-half(2 1/2) stories in height above ground level, and one
or more email accessory buildings (which may Include a
detached private garage but not garage apartments),provided,
that such buildings are not used for any activity normally
conducted as a business, and provided further that any such
buildings shall be constructed of similar materials and design
as the main structure upon such lot. No accessory buildings
shall be Constructed prior to the construction of the main
building on any lot. All homes must be built on a crawl space.
or on pilings. There shall be no residence built on a slab,
without the express written consent of Declarant.
B. No concrete block, aluminum siding, concrete brick,
asbestos siding,or cinder block shall be used for the exterior of
any residence constructed on any lot nor shall composition tar
paper exterior be permitted, it being intended that only
conventional frame, wood siding or brick exteriors may be
constructed on the lots subject to these covenants. All
residences must have a minimum double wide concrete
driveway.
C. The allowable built upon area per lot shell be limited to
5.500 square feet inclusive of right-of-way structures,
pavement, walkways, or patios of brick, stone, or !date, not
including wood decking.
dice 3 No house trailer, mobile home, modular home, prefabricated home tent,
Shade or temporary structure of any nature shall be used et any time as a residence.
lion d No advertising signs or billboards shall be erected on any lot or
a
e'ag-d ZZ:60 ' -90-6aa

displayed to the public on any lot, subject to these restrictions, except that one sign of not
more than five (5) square feet in area may be used to advertise a complete dwelling for sale
or a dwelling under construction. No "For Sale" signs are allowed on any vacant property.
This covenant shall not apply to signs erected by the DECLARANT.
Section 5 No fence, wall, or hedge in excess of five (5) feet in height shall be
erected or permitted on any lot without the written consent of Declarant. No fence, wall or
hedge, or any portion of a fence erected shall be closer to the front line of any lot than the
rear corner of any dwelling erected upon said lot. All fences shall be wood and shall be
stained in a color to match the house. No stucco, chain link or wire fence shall be allowed.
Section 5 No animals, livestock, pigs or poultry of any kind shall be kept or
maintained on any lot or in any dwelling except that dogs, cats or other household pets may
be kept or maintained provided that they are not kept or maintained for commercial
purposes and provided further that they are not allowed to run free and are at all times
properly leashed.
Section 7 No fuel tanks or similar storage receptacles may be exposed to view.
Any such receptacles may be installed only within the main dwelling house, within any
accessory building, within a screened area, or buried underground. Satellite dishes and
other large antennae are prohibited; except satellite dishes not exceeding 24" with the
location approved by Declarant.
Section ti It shall be the responsibility of each lot owner to prevent the development
of any unclean, unsightly, or unkept conditions of buildings or grounds on such lot which
would tend to substantially decrease the beauty of the neighborhood as a whole or the
specific area.
Section 9 No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon tending to cause embarrassment, discomfort, annoyance or
nuisance to the neighborhood. There shall not be maintained any plants or animals, or
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment
of other property in the neighborhood by the owners thereof. No yard sales or garage sales
shall be allowed on any lot in said Subdivision without the written consent of Declarant. In
9

addition, no boat, motor boat, dune buggies, campers, trailers, recreational vehicles,
automobiles on cinder blocks, tractor-trailer trucks or cabs or similar type vehicles to any of
the foregoing items shall be permitted to remain on any lot at any time, unless by consent of
the Declarant or Homeowners Association.
Section in No lot may be subdivided, or its boundary lines changed except with the
prior written consent of the DECLARANT. However, the DECLARANT hereby expressly
reserves to itself, its successors and assigns, the right to replat any two (2) or more lots in
order to create a modified building lot or lots, and to take such steps as are reasonably
necessary to make such replatted lot suitable and fit as a building site, said steps to include
but not be limited to, the relocation of easements, walkways, and right of ways to conform to
the new boundaries of the replatted lots.
Section 11 Each lot owner shall provide receptacles for garbage and all cans, carts
and bags must be kept in a screened area, accessory building or other storage facility, and
not visible from the street, except on garbage pick-up days.
Section 19 (a) Construction activity on a lot shall be confined within the boundaries
of said lot. Each lot owner shall have the obligation to collect and dispose of all rubbish
and trash resulting from the construction on his lot. Upon a lot owner's failure to collect and
dispose of such trash within thirty (30) days after receipt of a written notice from the
Homeowners Association, the Homeowners Association may collect and dispose of such
rubbish and trash at the lot owner's expense. Any expense incurred by the Homeowner's
Association pursuant to this paragraph shall constitute an assessment of the Homeowner's
Association against said lot owners and the lot involved in the clean up, and said
assessment shall be enforceable pursuant to the provisions of Article IV hereinabove,
expressly including the right of the Homeowners Association to create a lien upon the lot to
enforce collection of said assessment.
(b) The exterior of any structure under construction on any lot must be completed
with nine (9) months after the beginning of construction, acts of God notwithstanding.
(c) In addition, no large trees or natural foliage may be removed from a lot without
the prior written approval of the DECLARANT.
Section 13 Water and sewer to all lots will be provided by private utility service.
10

Shallow wells for the purpose of watering lawns and not for human use, may be permitted
in accordance with applicable regulations. Any such well and pump house must be located
no closer to the front lot line than the front of the residence constructed on said lot.
Section 14 Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown and designated on the plat of the said property. The
DECLARANT shall have no responsibility for maintaining drainage easements in
connection with any lots sold. All maintenance within said easements shall be the
responsibility of Homeowners Association. No structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities, or which may change the direction of flow of drainage channels in
the easements. The easements area of each lot and all improvements in it shall be
maintained continuously by the maintenance crew hired by the Association for the
maintenance of the common area and entrance.
Section 15 No residential unit may be leased except in accordance with rules and
regulations promulgated by the Association. Any lease or rental (written or oral) on any
residence for a rental or lease period less than twelve (12) consecutive months is
prohibited.
Section 15 invalidation of any one of these covenants by judgments or court order
shall in no way effect any of the other covenants herein, which shall remain in full force and
effect.
Section 17 If the parties thereto, or any of them or their heirs and assigns, shall
violate or attempt to violate any of the covenants herein, it shall be lawful for any person or
person, owning any real property situated in said JOHNS CREEK SOUTH to prosecute any
proceedings at law or in equity against the person or persons violating or attempting to
violate any such covenants, and either to prevent him or them from so doing or to recover
damages or other dues for such violations.
Sectinn 1ti. All covenants, restrictions and affirmative obligations set forth in these
Restrictions shall be binding on all parties and persons claiming under them to specifically
include, but not be limited to, the successors and assigns, if any, of the DECLARANT, for a
period of twenty-five (25) years from the date hereof after which time all said covenants
�� 11

shall be automatically extended for successive periods of ten (10) years, unless an
instrument signed by the owners of a majority of the lots (not including mortgagees or
trustees under deeds of trust) substantially affected by such changes in covenants, has
been recorded, agreeing to change said covenants in whole or in part.
ARTICLE VI
STORMWATFR MANAGFMFNT
The following covenants are intended to ensure ongoing compliance with the State
Management Permit Number SWB 021109 as issued by the Division of Water Quality
under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the stormwater
management permit.
The following covenants are to run with the land and be binding on all persons and
parties claiming under them and may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
a. The maximum allowable built-upon area per lot is 5,500. This allotted
amount includes any built-upon area constructed within the lot boundaries and that portion
of the right of way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, pavement, asphalt, concrete, gravel, brick, stone,
slate and coquino, walkways, or patios of brick, stone, or slate, but does not include raised,
open wood decking or the water surface of swimming pools.
b. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons. Driveways must be piped in such a manner so as to not
impede flow.
c. Any and all covenants pertaining to stormwater regulations may not be
changed or deleted without concurrence of the Division of Water Quality;
d. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
e. All roof drains shall terminate at least 30' from the mean high water mark of
surface waters.
• 12

f. Filling in, piping or altering any designated 5:1 curb outlet swale associated
with the development is prohibited by any persons.
g. This project proposes a curb outlet system. Each designated curb outlet
swale on the approved plan must be maintained at a minimum 100;' long with 5:1 (H:V)
sides slopes or flatter; have a longitudinal slope no steeper than 5%, carry the flow from a
10 years storm in a non-erosive manner, and maintain a dense vegetative cover.
ARTICLE VII
AMFNDMFNTS
At any time prior to December 31, 2010, these Restrictions may be amended by the
DECLARANT at its discretion, but not to impair the property value of the lot owners.
Thereafter, these restrictions may be amended by vote of the owners of two-thirds (2/3) of
the members of the Homeowners Association, provided, however, no amendment shall be
made to the last paragraph of Article IV Section 1 without unanimous consent of the
Homeowners Association and the DECLARANT.
IN TESTIMONY WHEREOF, DAVID GREER CONSTRUCTION, INC. has caused
this instrument to be executed on this_day of , 2003.
DAVID GREER CONSTRUCTION, INC.
By: (SEAL)
President
ATTEST:
'""CORPORATE SEAL'
By:
Secretary
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the State and County aforesaid, hereby
certify that personally appeared before me this day and
acknowledged that s/he is Secretary of DAVID GREER CONSTRUCTION,
INC., a North Carolina Corporation, and that by authority duly given and as the act of the
Corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by her/him as its
Secretary.
WITNESS my hand and notarial stamp or seal, this the day of
2003.
13

Notary Public
My Commission Expires:
t
14

02/06/2003 11:11 9107635631 TRIPP ENGINEERING PAGE 01
Job No. 192 S
Date: Z:lo '03
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: [phone] • FAX: [phone]
Email: [e-mail]
LETTER OF TRANSMITTAL
To: Nei.
Attention: Lt4t i ft-J
Subject:
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Copies I em No. Description
These are transmitted as checked below:
(a•YFor Approval ( ) For Your Use ( ) Sign & Return ( ) Review
Remarks: S, ealiVrigirLIS L-J R9 oittf /ttirlo Arkrimorbif
7 0€Yv
cc: •
Signed: eametE5 t).1 r-

P. 1
* * * COMMUNICATION RESULT REPORT ( FEB. 5.2003 1:24PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
403 MEMORY TX 9-7635631 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
Michael F. Easley,Governor
William G. Ross,Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W.Klimek P.E., Director
C Division of Water quality
Wilmington Regional Office
FAX COVER SHEET
Date: February 5,2603 No. of Pages: 1 INC—L,
To: Phil Tripp,P.E. From: Linda Lewis
Company: Tripp Engineering Water Quality Section-Stormwater
FAX#: [phone] FAX#[phone]
Phone#[phone]
DWQ Storm water Project Number: SW8 021109
Project Name: 'Johns Creek South
MESSAGE:
Dear Phil;
The proposed deed resit-notions contain conflicting maximum BUA's per lot.Article V, Section 2,
on page 8,has a list o three items that apply to any lot just in case the ARC doesn't act to
approve or disapprov a proposed lot development plan within the allotted 30 days, Condition C
allows a maximum of 7,645 ft2 per lot.

Wrz-
Michael F. Easley, Governor
,0 QG William G. Ross, Jr., Secretary
t!jAN 7North Carolina Department of Environment and Natural Resources
' Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
FAX COVER SHEET
Date: February 5,2003 No. of Pages: 1
To: Phil Tripp, P.E. From: Linda Lewis
Company: Tripp Engineering Water Quality Section - Stormwater
FAX#: [phone] FAX# [phone]
Phone#[phone]
DWQ Stormwater Project Number: SW8 021109
Project Name: Johns Creek South
MESSAGE:
Dear Phil:
The proposed deed restrictions contain conflicting maximum BUA's per lot. Article V, Section 2,
on page 8, has a list of three items that apply to any lot just in case the ARC doesn't act to
approve or disapprove a proposed lot development plan within the allotted 30 days. Condition C
allows a maximum of 7,645 ft2 per lot.
Later, Article V1 lists the maximum BUA per lot as 5,500 ft2. Please have the applicant correct
Article V Section 2 to 5,500 ft2,per the application.
S:\WQS\STORMWAT\ADDINFO\2003\021109.FEB03
Airti
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

TRIPP ENGINEERING, P.C.
0 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
January 28, 2003 RECEIVED
NCDENR 9 2003
Division Water Quality BY: 11/111
127 Cardinal Drive
Wilmington,NC 28405-3845 ra
Attn: Ms. Linda Lewis
Re: Johns Creek South
SW8 021109
New Hanover County,NC
TE 02081
Dear Linda:
In response to your correspondence dated January 21, 2003, we offer the following:
1. Please find on the detail sheet a proposed street section.
2. A 20' drainage easement has been specified along the southern property
line of lot No. 13.
3. A new vicinity map showing the nearest major intersection has been
provided.
4. Please find enclosed a copy of the proposed deed restrictions.
5. A corrected low density sheet no. 1 has been provided.
6. Sediment accumulation benchmark has been revised.
7. Filter and detail have been added to the plan.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering,P.C.
a/44xa5„..:_,
Charles D. Cazier, E.I.
CDC:dcb
Enc.

P. 1
* * * COMMUNICATION RESULT REPORT ( JAN.21.2003 12:40PM ) * * *
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
994 MEMORY TX 9-7635631 OK P. 2/2
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
1
o WAr Governor
Michael F. Easley,
G William G. Ross,Jr. Secretary
0illt North Carolina Department of Environment and Natural Resources
q I Alan W.Klimek F.E.,Director
D 'c' i Division of Water Quality
1 Wilmington Regional Office
FAX COVER SST
Date: January 21,2Q03 No.of Pages: 2 431%.7
To: Phil Tripp,P.PP. From: Linda Lewis
Company: Tripp pngineering Water Quality Section- Stormwater
FAX#: 763.56 1 FAX#[phone]
Phone#[phone]
DWQ Stormwater Project Dumber: SW8 021109
Project Name: 1.1ohns Creek South
MESSAGE:
pear Phil:
1. Please provide a street section detail on the plans. The cut-de-sac section provided is for
the bulb end abne and does not provide sufficient information for the street itself.
2. Please provid and show a drainage easement to be recorded on Lot 13 for the spillway
and vegetated her.

WATT
�s , 4i Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
4 "f Division of Water Quality
Wilmington Regional Office
FAX COVER SHEET
Date: January 21,2003 No. of Pages: 2
To: Phil Tripp,P.E. From: Linda Lewis
Company: Tripp Engineering Water Quality Section - Stormwater
FAX#: [phone] FAX#[phone]
Phone#[phone]
DWQ Stormwater Project Number: SW8 021109
Project Name: Johns Creek South
MESSAGE:
Dear Phil:
1. Please provide a street section detail on the plans. The cul-de-sac section provided is for
the bulb end alone and does not provide sufficient information for the street itself.
2. Please provide and show a drainage easement to be recorded on Lot 13 for the spillway
and vegetated filter.
3. Please add the nearest intersection of two major roads to the vicinity map. A major road is
any 1,2 or 3 digit NC,US or interstate highway.
4. Please provide a copy of the proposed deed restrictions to include all required conditions
and limitations, including the drainage easement for Lot 13.
5. The low density supplement form you submitted was titled"Wisteria Place",but the
information shown was actually for Johns Creek South. I took the liberty of correcting it.
S:\WQS\STORMWAT\ADDINFO\2003\021109.JANO3
ocritt
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations,deed restrictions
and protective covenants are required for certain developments where lots will be subdivided and sold. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a"built-upon"surface
area consistent with the applicable regulation limiting built-upon area.The following deed restrictions and covenants
must be recorded prior to issuing the Stormwater Management Permit:
For All Projects:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent
of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of
the Division of Water Quality.
Low Density Residential Subdivisions(In addition to I.1-IS and all others that apply)
1. The maximum allowable built-upon area per lot is square feet. This allotted amount includes
any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures,asphalt,concrete,gravel, brick stone,slate,and coquina,but does not include raised,open wood
decking, or the water surface of swimming pools.
If the BUA per lot varies,record as follows and provide a complete lot listing with proposed BUA:
The maximum allowable built-upon area per lot is as follows:
Lot# BUA Lot# BUA Lot# BUA
These allotted amounts include any built-upon area constructed within the lot property boundaries,and that
portion of the right-of-way between the front lot line and the edge of the pavement.Built upon area includes,
but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas,
but does not include raised, open wood decking, or the water surface of swimming pools.
2 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development
except for average driveway crossings, is strictly prohibited by any persons.
3. Each lot will maintain a 30'wide vegetated buffer between all impervious areas and surface waters.
4. All roof drains shall terminate at least 30'from the mean high water mark of surface waters.
Page 1 of 3

0 TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
RECEIVED
NOV 1 2002
November 13, 2002 BY:
4011166a'11-67
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: John's Creek South
New Hanover County, NC
TE 02081
Dear Linda:
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1) low density supplement and one
check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
2-14Ai1411/ 449--
Jennifer Rohde
JLR:dcb
Enc.

November 13, 2002 TE 02081
Stormwater Narrative
John's Creek South
New Hanover County, NC
John's Creek South is a proposed 9.24 acre residential subdivision of 13 lots. The existing
vacant tract will be developed with 24,480 sf of street access and each lot allocated 5,500
sf of built upon area. Maintaining a less than 25% impervious coverage for the low-
density subdivision, treatment of stormwater will be by 3:1 grassed roadside swales.
In addition to the roadside swales, infiltration systems will treat the County's 25-year pre-
post requirements. Outflow will discharge to the Intracoastal Waterway, classification
SA-ORW.

ORW project
Subject: ORW project
Date: Fri, 20 Sep 2002 11:52:08 -0400
From: Linda Lewis<[e-mail]> 14\145 n V.,
Organization: NC DENR ockTo: Darren England<[e-mail]>,Bradley Bennett<Bradley.Bennett@„cmail.net> 2
v
Dear Darren & Bradley:
I met with Phil Tripp this morning about a new low density subdivision
project. About three of the 13 lots are located within the 575' AEC for
the ICWW class SA ORW. The rest of the subdivision is located outside of
the 575' AEC, but will drain to it. The project is long and linear,
wedged in between an existing subdivision (no permit) and a vacant tract
of land. The topography falls to a low point in front of Lot 2, then
rises to a high point near Lot 6, then falls to the waterway. Please
refer to the 2 faxed maps of this project.
Problem #1- the offsite runoff from the adjacent properties is proposed
to be piped through the new subdivision with a discharge into the
waterway. I am opposed to this. The engineer will be deleting this pipe
and putting in an infiltration pipe in the ditch between Lots 2 & 3. As
the water reaches an acceptable elevation, it will flow into the
roadside swale. The swale is split near Lot 7 with a high point in the
middle. Runoff from the road will sheet flow into the ditch and be
directed into both ends of an infiltration pipe via the drop inlets. The
infiltration trench is placed adjacent the road, under the swale.
Problem #2- The infiltration pipe. If it is outside of the 575' AEC, can
runoff from sheetflow/swales be directed into a flat grade infiltration
pipe, not from the standpoint of treatment, but in order to keep it from
discharging into the ICWW? Overflows from the trench in excess of 1.5"
would be directed into the county-required dry detention pond.
Problem #3- The County required storage pond. It is just barely outside
of the 575' AEC, but has a piped discharge. The engineer will be
deleting the piped discharge, and creating an overflow weir with a
vegetated filter along one bank of the pond. Is the pond a problem under
the low density rules?
Runoff will sheet flow from the lots, across the road, into the ditch,
then into the infiltration pipe, and then into the dry pond. Is this too
much "treatment" for a low density project adjacent SA ORW waters?
The engineer and developer are willing to meet any time with you in
Raleigh.
Thanks, Linda
1 of 1 9/20/2002 11:52 AM

P.
* * * COMMUNICATION RESULT REPORT ( SEP.20.2002 12:01PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
474 MEMORY TX WATER QUALITY OK P. 2'2
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
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