SW8930809_Compliance Evaluation Inspection_20240625

STATE OF NORTH CAROLINA,Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: ' G—mL ,1,c,VN REVIEW TIME/DATE: kp,rif '2" , 0.•3 0 am
NAME: 3k.kel. mtK Wf EMAIL:6kinVi &Mir C_tx r e_cktiAiirve, .C cirri
REPRESENTING: ' wi td W a 4- PHONE: 2 5 Z- -12 a - 4 2 33
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FACILITY NAME COUNTY
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G:/ADM/Shared/File Review Access Form rev 2022

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a (c.D. ..,ThEolizlice
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8810 Emerald Drive, Emerald Isle, NC 28594•[phone] Fax[phone]
23 February 2001
State of North Carolina
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington,N C 28405
SUBJECT: SW 8 930809
WOODLANDS SUBDIVISION PHASE 1 AND PHASE 2
Dear Mr. Vinson:
I am responding to your letter dated 25 January 2001. The following is that response:
ITEM ACTION TAKEN OR RESPONSE
1. The curb outlet swale missing from the project was closed when Phase 2 was
started. The curb cut that was in Phase 1 was moved to a new location in Phase 2.
The reason for the move was so that the entire area could be placed in one
DRAINAGE SWALE INSTEAD OF TWO. The flow of runoff from the road
in phase 2 drains in the same direction as that from Phase 1. The engineer
designing Phase 2 incorporate the runoff from Phase 1 with his runoff in Phase 2.
Enclosed are the two drawings showing the two phases. Please note the two
drawings shows what I described above. Please be aware that these drawings are
at different scales.
If additional information is needed, please let me know as soon as possible.
Sin erely,
or.....2.1t4 ,.." JP e,tetii t:/4 ,test#
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•
State of North Carolina
Department of Environment
47Air
and Natural Resources A I ■
Wilmington Regional Office II-
Michael F. Easley, Governor NCDENRWilliam G. Ross,Jr., Secretary
Division of Water Quality NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 25, 2001
CERTIFIED MAIL #7000 1670 0005 7382 2596
RETURN RECEIPT REQUESTED
Mr. Gary Mercer, President
Mercer Building Company
1301 Lennoxville Road
Beaufort,NC 28516
Subject: NOTICE OF VIOLATION
Woodlands Subdivision, Phase I
Stormwater Permit No. SW8 930809
Carteret County
Dear Mr. Mercer:
On December 12,2000,Wilmington Regional Office personnel performed a Compliance Inspection
of the project known as Woodlands Subdivision, Phase I, located north on NCSR 1247, approximately 3/4
mile after intersection of NCSR 1247&NCSR 1124 in Carteret County,North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 930809, issued to
Mercer Building Company on October 25, 1993.
The project has been found in violation of Stormwater Permit Number 930809,issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
1. A curb outlet swale was found missing from the project. The approved plans, submitted on
October 19, 1993 by Joseph Dunnehoo,P.E.,shows a 5:1,H:V, 100 foot long vegetated swale
treating the drainage from New Bern Street. A copy of the plans with highlights has been
included with this letter.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s)and a time frame for completion of those actions,on or before February 25,2001.
2. Please construct the swale shown on the plans.
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

Mr. Mercer
January 25, 2001
Stormwater Permit No. SW8 930809
Failure to provide the "Plan of Action" by February 25,2001, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the
initiation of enforcement action which may include recommendations for the assessment of civil and criminal
penalties,pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Newport Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until
this matter is satisfactorily resolved.
If you have any questions concerning this matter,please call Mr. Scott Vinson at [phone].
Sincerely,
4„er.,
Rick Shiver
Water Quality Regional Supervisor
RSS\sav: S:1WQSISTORMWATINOTICE1930809.JAN
cc: Bob Chambers,Newport Building Inspections
Central Office

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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
October 22, 1996
CERTIFIED MAIL P 455 551 337
RETURN RECEIPT REQUESTED
Mr. Gary Mercer
Mercer Building Company
1301 Lennoxville Road
Beaufort, N.C. 28516
Subject: Deed Restriction Error
Woodlands Subdivision
Stormwater Project No. 930809 and 951110
Carteret County
Dear Mr. Mercer:
The Wilmington Regional Office received a copy of the recorded deed restrictions for Woodlands
Subdivision on October 22, 1996. Unfortunatley, the restrictions have a very large error concerning the
built-upon area. The recorded restrictions indicate that a built-upon area of 5,300 square feet per lot is
allowed for all three sections of Woodlands. This is not true. Project No. 930809 provided for 33 lots,
each restricted to 5,100 square feet; and Project No. 951110 permitted 33 lots in Phase III at 3,500 square
feet per lot.
You must record an amendment to the restrictions immediately, and make it retroactive to all the
lots, as was required by both the Certification and the permit. You will be considered in violation of both
your Certification of Compliance and the Stormwater Management Permit unless this amendment is
recorded within 30 days of receipt of this letter. If for some reason you are legally unable to record the
amendment, you must submit a permit application, plans, fee, and calculations for an engineered system
indicating how you will collect and treat the runoff from both these high density subdivisions within 60
days of receipt of this letter.
127 Cardinal Drive Extension, Wilmington. N.C.28405-3845•Telephone [phone]• Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Mercer
October 22, 1996
Stormwater Permit No. SW8 951110
I have taken the liberty of copying your lawyer, Mr. Richard L. Stanley, with the necessary
Certification of Compliance and Stormwater Management Permit to facilitate the recording.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
i&4.,
Linda Lewis
Environmental Engineer
JBB/arl: S:1WQS\STORMWAT\LETTERS\951110.OCT
cc: Jill Hickey, Attorney General's Office, Environmental
Richard L. Stanley, Attorney
Bradley Bennett
Central Files
Linda Lewis

BUILDING COMPANY PO. Box 189•Jacksonville,N.C. 28540 .910 455.8400/910 346.3149/FAX [phone]
1301 Lennoxville Rd. • Beaufort, N.C. 28516 • 919 728.6636 / FAX [phone]
&rahIV October 16, 1996 w �, LII
E C E I V E ;
Linda Lewis 1, OCT 2 21996
Department of Environment,Health and Natural Resources
Division of Water Quality D E M
PROD#
127 Cardinal Drive Extension
Wilmington,NC 28405-3845 Subject: Woodlands Subdivision
Stormwater Project No. SW8 930809
and SW8 951110(Phase III)
Carteret County
RE: Letter date September 18, 1996
Project No. SW8 951110 is being developed by a corporation which I own called
Storage Plus,Inc., 1301 Lennoxville Rd.,Beaufort,NC 28516. Your letter of September
18, 1996 did not address any required action in this subdivision. Construction of this
subdivision is ongoing and the Engineers Certificate and deed restrictions should be
submitted within 60 days.
The developer of Project No. SW8 930809 is Mercer Building Company, 1301
Lennoxville Rd.,Beaufort,NC 28516. This address will be our address of record for
further development. The swale located at the end of Thomas Court was cleaned out and
regraded. The silt fence was removed and replaced with rock check dams. We installed
a straw/filter cloth on the banks in order to control erosion. The area was refertilized and
reseeded. The adjoining owners were instructed and agreed to reroute the drain tile used
to disperse water from their gutters. Copies of the recorded deed descriptions are
enclosed for SWS 930809. I have requested the engineer to forward his certificate to
you.
The Town of Newport has been notified to inspect the work. The work was
completed on October 14, 1996. Photos are included for your record.
Sincerely, ( {
OCT 17 1996
Gary A.Mercer By
Mercer Building Company

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STATE OF NORTH * STORM T
OR_H CAROL_.NA PRCTEC_ _ COVENANTS AND R..S :R_C._T I
,,:VS
COUNTY OF FOR WOODLANDS SUBDIVISION ( SECTION CARTE RE
THESE PROTECTIVE COVENANTS AND RESTRICTIONS made this .r:'.
pay of 6arembe=, :9y3 . :;y mercer ?• `
Corporation Beaufort , Carolina ,
Company, a North Carona
Beaufo_ - Nortn Carolina , said Protective C v
and Restrictions for Woodlands Subdivisiono e^a :s
being for tne use and
benefit of all `atone owners ,
enefits `u owners of lots in Section
same Wooclp t
prepared by
as the `s =ce"tified on that certain^y Prestigep
SSection I dated Engineering anc wand Surveying Company, ory
Registry;
c' Page �-g , ,. 1993 . and recorded i NaP Fo�6N E Ca_ te.T et Count;; Reg y;
W I T N E S S T H ; OCT0CT 2 21996
DEM
Mercer Building PRo #
WHEREAS ,er" , Company, hereinafter aesi
"Developer" order to promote a uniform and harmonie .saevelopment of said : arcs as adesirac_e residential community,
sc as to provide for tne - se anc maintenance of the subdivision
streets , drainage easements , d.tc,nes and swells until the same are
accepted by the :'own, of New or
acceptet P t or other public agency having
y of the same, does desire to adopt these Protective
Covenants and Restrictions for Section I for the purposes herein
expres lod;
NOW, THEREFORE , in order to provide for the forgoing, the
Developer does hereby covenant and agree with all persons , firms or
ons now ow.,_ng or hereafter acquiring any portion of
Section I of Woodlands Subdivision , twat the use of lots in Section
I _ -
' n Woodlands Subdivision is :^.ereby made subject to tne f o
ll
restrictions , covenants , terms and conditions which runowin
said land and shall be binding on all property owners within said
Subdivision and their successors and assigns .
SECTION I - DEFINITIONS
As used throughout this Declaration, the following terms snal _
nave the definitions set out Herein as follows :
A. "Developer " sha_: mean anc refer to Mercer
Company, a Nortr. Carolina Corporation Ce� Building
assigns , and its successors and
B . "Owner" shall mean and refer
a::4 lot _ to the owner of reborn 3t
Sect_ r _ of 'WcodL. r.aas r� Swbdivision as ;did lots a� e
shown on the
record map n.ere�n referred to , but excluding t ncse
no_ding .an interest in any lot or Lots for security purposes .
C. "Lot" r fers to any Of those numbered lots n � .:
map of Section I Tf Woodland Subdivision, me i or. _. e
- �_s�on recorded a=oresaic .
H : WOODLAND . COV
•
BOOK_.. �.�., PAGF

SECTION II - COVENANTS AND RESTRICTIONS
1 • Aoplicabilit . Lots 1 through 7 as shown on a map of
Section I of Woodlands Subdivision referred to above are express _y
made subject to the operation of these Covenants .
2 . Reservations . The Developer reserves the right
absolutely to change , alter or redesignate gnt
platted, or recorded use, area, edes �gnate the allocated, planned,
of the lots
shown on the map of Section I of or woodlands oSubdivin of sion recorded
aforesaid so long as the Developer retains title to the property
involved, so long as any changes or alterations are in conformance
with the Town of Newport ' s Subdivision and Zoning Ordinances ,
including, but not limited to the right to change, alter or
redesignate roads , utility and drain facilities , and to change,
alter or redesignate such other present or proposed lot lines and
facilities as may, in the sole judgment of the Developer, be
necessary or desirable .
3 . Residential Use .
A. All numbered lots shall be used for single family
residential purposes only. No structures shall be constructed,
altered, placed or permitted to remain on any lot in the
subdivision unless the same is a single family residence.
B . Mobile homes , trailers , manufactured homes , tents and all
other structures of a temporary character are expressly prohibited
g placed, put or maintained on any lot at any time .
Provided, this prohibition shall not apply to shelters used by a
Contractor or guilder during the construction of a single family
dwelling so long as said temporary
following completion of the dwellin9helter is immediately removed
As used herein, the term "mobile home" and "manufactured home"
shall have those definitions and meanings set forth in G. S . 41-2 . 5 ,
G. S . 143-143 . 9 ( 6) , ,ana G . S . 143-145 ( 7 ) . Provided, that the width
and length of a manufactured home or. mobile home shall Pe
irrelevant and inapplicable as it is
to prohibit manufactured homes and t mobile he nhomest ofthof a all covesiznts
es
regardless of length and width .
C. Only stick built detached single family homes shall be
permitted on any of the' lots within the subdivision . However, with
prior approval of the Developer or his written designee, a
"modular" home which is defined herein as a prefabricated structure
having floors , walls, ceilings , or roof composed of sections or
panels of varying size which have peen fabrics ed erection
on a building foundation may be..permitt.ed. However, unless written
permission from the Developer or his written designee is obtained,
all modular structures are prohibited.
H :WOODLAND. COV 2
BOOK '� a L° . PAGF ("`J

D . No fuel tanks or similar storage receptacles may oe
exposed to view. Any such receptacles may be installed only wi to_n
the main dwelling house, within a` permitted `
within a screened area, accessory builds:_,
Developeri shall be ea or buried underground. Provided, the
ele tanks or mitred to erect , place or permit :ne
usesc relatedno to t:e other apparatus witnin the subdivision for
provision of water and other utilities to the
subdivision and adjoining lands .
E . A guest suite or like facility
lot if attached to or as a part of the mainndwelling,bel buudet son a
uch
suite may not be sold, rented or
entire premises including main leased except as part of the
dwelling.
4 . Minimum Buildin Re uirements .
A. No residential structure shall be constructed on any of
the residential lots unless the residential structure shall contain
a minimum of 1 , 100 square feet of enclosed dwelling area for each
residential structure . For anydwell '
nmore that a
single story, the first story mut cons in aominimumgof 750 square
feet and the total enclosed dwelling area for the dwellin
containing more than one story must contain a minimum of 1 , 100
square feet . As used herein the term "enclosed dwelling area"
shall mean the total enclosed heated area within a dwelling,
excluding garages , terraces , decks , unenclosed porches , and similar
areas .
B . No building shall be erected or al
lot in said subdivision within 30 feet lowed to remain on any
eoftne
front of each rot or within 10 feet of anytsidetreet line ofueachglot ,
or within 20 feet of the rear lot line, or as said set backs may oe
shown on the recorded maps of the Subdivision, whichever is the
greater amount of set back .
adjoining a sheet As to a corner lot with two sides
the front set back shall be 30 feet
and
side set back for the other side line adjoining the street sna ltoe
20 feet.
C. The exterior of all houses and other structures must oe
completed within twelve ( 12 ) months after construction .s
commenced, except under such circumstances where such completion is
impossible or would result in great
builder due to strikes , fires , nationalashi emergencyre orowner natural
calamities .
D. Each lot owner shall provide receptacles for garbage and
trash in a screened area not generally visible from the road giving
access to the premises , or sr:al ,. provide
garbage receptacles • • �facilities .
underground trash and
g or similar faci'it=es . All fuel tanks and wood
piles shall be enlosed within a fence, wallv plant
that the same shall not be visible from street or screen so
the Subdivision, any residence _n
H : WOODLAND. COV 3
PnnK r ; (-.0 PAGE -5

E . Each lot owner shall provide space for parking two motor
vehicles off the street prior to the occupancy of any dwelling
constructed on said lot and motor vehicles shall not be parked on
the streets within said Subdivision .
F . Each lot owner shall be permitted to build, erect or
maintain not more than one detached outbuilding on any lot not
exceeding two stories in height to be used as a private garage,
storage or utility building in connection with the primary
residential structure on the lot; Said detached building shall not
be used for any activity normally conducted as a business . Said
detached building shall not be constructed prior to the
construction of the main dwelling, and said detached building snail
comply with all of the set back requirements setforth herein for
the main dwelling , Additionally ,
all b
built of the same quality and type �ofd materials etached u and its hdesign
shall be in a manner compatible with the main dwelling house
located on the lot . Said outbuilding shall be located no closer to
the street on which the lot fronts than . the single family dwelling
located thereon.
G . Clothes lines and television satellite disks are
expressly prohibited except in accordance with thisof ,clothes lines shall be located on the
rear side
paragraphhou. us_
e
opposite the front street line and snail not extend in width beyond
the ends of the residential structure . Additionally, not more than
one satellite dish not exceeding two feet in diameter may be
permitted at the rear of the residential structure opposite the
front street line . Any satellite dish
shall not be located more
than four feet aoove
ground level and shall be appropriately
screened with wooden fencing and/or vegetation and foliage so that
no part of the satellite dish may be seen or observed from any lot
line .
contaH . All
l garbage,
e, trash and debris shall be placed in cans and
approvedby the Town of Newport for the disposal of
trash, and except for the day of pickup, shall
remain to of the residential dwelling so that the same may not be the rear
eor
observed from the street ,
I . All driveways leading from Little Deep Creek Road as
shown on the plat of Section I of Woodlands Subdivision to
dwellings and structures constructed or. lots within Section I shall
be paved with asphalt, concrete , paving brick or other materials as
approved by the Developer or his written designee . The paving of
driveways with gravel or marl is prohibited unless otherwise
approved in writing by the Developer or his written designee .
.J. No campers , recreational vehicles , travelr ,
trucks shall be parked at any time on any lot for tanyipurerspose
unless it is located beninc the res :.aPhtiai dwelling o: ins • de t::e
carport or garage located on the lot .
H:W0ODLAND. COV 4
BOOK_ PAGE

K. The only permitted access to each lot from Little Deep
Creek Road shall be over a culvert placed or constructed within the
right of way ditching or swales meeting the Town of Newport and/or
the North Carolina Department of Transportation ' s specifications .
No lot owner shall fill in or alter any of the drainage ditcnes ,
swales or drainage easements without the written approval of the
Developer, the Town of Newport and tie State of North Carolina .
Additionally, each lot owner shall rye responsible for the clean out
and maintenance of the ditches , swales and drainage easements
located on or adjoining his lot or lots .
L. No lot owner shall construct , place or locate any fencing
in the front or side yard of the lot exceeding four feet in height ,
and. the lot owner shall be pronibited from placing, constructing or
locating in the rear yard any fencing exceeding six feet in height .
5 , Nuisances , InoOeratable Vehicles , Etc .
A. No inoperatable, unserviceable, unlicensed, junked or
abandoned vehicles , appliances or other assorted junk and useless
materials and trash may be kept or. any lot except that the owner
shall be permitted to locate entirely within the garage not more
than one motor vehicle for necessary repairs or maintenance so as
to make the same operable .
B . 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 a nuisance to the
neighborhood . No horses , ponies , animals or livestock of any kind
shall be raised, breed, or kept on any of the lots , except that
dogs , cats or household pets may be kept so long as they are not
kept, breed or maintained for any
the household pets do not become an annoyance uor rose nuisance and provided
lcthe
neighborhood,
C . All buildings , structures . and their appurtenances shall
be maintained in a reasonable state of repair . In the event of
damage to a building or other structure by fire or otner casualty ,
the exterior of a building or structure shall be repaired within
six ( 6 ) months or the building structure shall be demol_sned and
the premises cleared of debris within six ( 6 ) mor.:ns of ehe daze
the damage occurred.
6 . Signs,. No sign of any character shall be displayed on
any lot except for a property identification sign not exceeding two
square feet, and '' for sale" or " for rent" signs not exceeding six
square feet in size each . Provided, nothing herein shall prohibit
the Developer from erecting, placing or maintaining such signs as
may be deemed necessary
y the Develope
carrying out the Developer ' s rdevelopment ofpropriate bthe Sun ivisionr for
7 . Subdividing. Except as to any lot still owned by the
H :WOODLAND. COV 5
800K_TaL°
PAG

Developer, no lot shall be further subdivided, or its bou.r.cary
lines changed, except with the prior written consent of the
Developer . Likewise, no lot shall be used as a street , road, lane ,
way or easement over which access may be obtained from a Woodlands
Subdivision lot to adjacent properties without the specific written
consent of the Developer . In the event the Developer hereafter
determines it is necessary to alter or change any boundary lines or
lot, then a revised plat of said Subdivision or section thereof
subject to the alteration or change shall be recorded, and all such
lots thereon shall be subject to the terms and conditions of these
covenants .
8 . Restrictions on Built-Up Area . In order to comply with
the rules and regulations of the North Carolina Division of Coastal
Management and otner state agencies with regard to storm water
runoff, each owner of a lot shall pe restricted to clearing,
constructing and using as "built-upon " area not more than 5 , 300
square feet per lot inclusive of right
pavement , walkways or of way, structures ,
Y patios of brick, stone, or slate, but not
including wood decking . " Built-Upon Area" is defined as that
portion of a residential lot that is covered with impervious or
partially pervious cover including buildings and pavement but not
including wood decking.
9 , Easements .
A. The Developer reserves unto itself a perpetual , alienable
and releasable easement and right-of-way on, over, under, through
and upon the ground with men and equipment to erect , maintain, and
inspect , repair and use electric and telephone wires ,
cables, conduits , sewers , water mains and electricity,estelephone
equipment, gas , sewage, water and community utilities or
conveniences in and over the front ten feet of each lot and ten
feet along one side line of each lot and such other areas as may be
shown o the recorded map of the Subdivision, together with the
right to cut drairways for surface water whenever action may appear
to the Developer to be necessary in or to maintain reasonable
standards of health, safety and appearance . These easements and
rights-of-way expressly include the right to cut trees , bushes or
shrubbery, the grading of the soil , or to take similar actions
reasonably necessary to provide economical and safe utility
installation and to maintain reasonable standards of health, safety
and appearance . The Developer further reserves the right to assign
said easements to one or more public or private water and/or sewer
utility companies for service to each lot in the future .
B . The Developer reserves the right to subject the real
property in this Subdivision to a contract with Carolina Power &
Light Company for the installation of underground electric cables
which may require an initial contribution, and/or the installation
of street lighting which will require a continuingmonthly
to Carolina Power & Light Company monthly paymentg
g P' Y oy ne owner of each building .
H:WOODLAND . COV 6
BOOK

C. It shall be the responsibility of each lot owner to keep
free, and clear any and all drainage easements shown on the recorded
map . of the Subdivision, and each owner shall in no way obstruct,
block or impede the flow of water through said drainage easements .
Likewise, each owner shall be
prohibited
any swales or other drainage or storm watefifacig or altering
g
otherwise block or impede the f facilities or to
facilities . In the event any lot owner shouldaobstruct, blocka_r
or
impede the flow of water through said drainage facilities or swales
or allow said obstruction or blockage to remain so as to impede the
flow of water, then the Developer,
more property owners within the Subdivision nshall havoe rt the ri of Newp , orght tor
o
clear said drainage facilities and swalesg
cover
party responsible the cost of said clearing if saideobstructgionthe or
blockage was the result of deliberate acts or negligence of the
responsible party .
•
D. The right of each owner and his heirs , successors in
interest and assigns , with regard to the ownership and enjoyment of
the streets , drainage facilities and other easements appurtenant to
each lot is subject to the right
successors and assigns to grant one or more erthe Developer and itst easements d
rights of way to the Town of Newport and/ morthen North Carolina
Department of Transportation for the roads, drainage facilities ,
and other utilities . In accordance with the Town of Newport
subdivision regulations , the Developer will warrant the streets,
drainage facilities and other utilities
the Developer within Section I for period ofcone year ted and pfrom dthe
date of final subdivision approval by the Town 'of Newport . At the
end of the one year warranty period, the Developer ' s resonsibility
shall terminate with regard to the roads and other utilities except
that the Developer may transfer or dedicate the same to the Town of
Newport or other public agencies .
10 . Covenants Run wi h t e Land. These Covenants and
Restrictions shall run with the lan
the property owners for a term of twenty-five dre( )25 the benromt of
date these Restrictive Covenants areyears _
recorded. Thereafter,
s aiid
d
Covenants shall be automatically renewed and extended for
successive periods of ten ( 10 ) years each . These Covenants and
Restrictions may be amended by an in r
than two-thirds of tne lot oners Wi*`umer.t executed by not less
amendment must be properly recorded ; thin said Subdivision . Any
11 . Violations . In the event of a violation or breach of any
of these Covenants by any lot owner or other person, the Developer
or any one or more owners 'of lots in the Subdivision, or any of
them jointly or severally, shall nave the right to proceed at law
or in equity to compel compiyance w=zn the terms and conditions set
forth herein and to prevent tne violation or breach of
Covenants , and to recover damages as chese
g
violation of these Covenants . Any failuresto -enforceaanyeach rignt ,
H:WOODLAND. COV 7
BOOK n ; (12_ pAri E

•
reservation, or conditions contained in these Covenants , however
long. continued, shall not be deemed a waiver of the right to do so
hereafter as to the same breach , or as to a breach occurring prior
or subsequent thereto, and shall not bar or affect its enforcement .
12 . Invalidation . The invalidation by a Court or other
public agency of any of the provisions of these Covenants shall not
in any way affect any of the remaining provisions , and the same
shall remain in full force and effect ,
13 . Additions to Subdivisi
n . the owner of adjoinn
property, Developer r seserve the right tosadd additional properties
and lots to Woodlands Subdivision and to submit and bind the same
to the terms and 'conditions of these Covenants by the execution and
recordation of amendments to these Covenants submitting future
sections and phases .
IN WITNESS WHEREOF, the Developer has executed these Covenan
on the day and year first above written. is
Mercer Building Company
co
6:4...., Yei'''0444—..—,
y' Meat ;�, ; By: Pr ident
• S ,• IJ
V
II I c'
I, X .
•.ST'ATE- OE. NORTH CAROLINA
COUNTY OF CARTERET
" I , a Notary Public of the County and State aforesaid, cert
if
that Judith S. Mercer personally came before me this day andy
ersor.al
acknowled ed that she i
g s the Secretary of Mercer Building Company,
a North Carolina Corporation , anc t
hat b as the act of the corporation, the forego authority ing au:1 instrument giywas� en and
signed
in its name by its President , sealed with its corporate seal and
attested by her as its Secretary .
Witness my hand and official stamp or seal, this the 9th
of December, 1993 . day
•
•e__-71)1A,A2Z-n-ej E.)CLMAI-JinC)
Notary Public '
My Commission expires : • �e���`'E`...`u`�•.,� ' :.tom
` 4\N
0 g•
o�� i
o
Prepared by : Richard L. Stanley : 1 *OTA
P . O . Box 150
Beaufort, NC 28516 c,�.. pU90G
•
N �,�� ;� vH :WOODLAND, cov 8 �' :'S1-sio NN,
LBOOK ra �. PAGE -'• , Frcoo,' '

FILE COPY
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE COVENANTS
AND RESTRICTIONS FOR WOODLANDS
COUNTY OF CARTERET SUBDIVISION (SECTION II)
This Amendment to Protective Covenants and Restrictions made
this a*il day of July, 1994, by.Mercer Building Company, a North
Carolina Corporation, Beaufort, North Carolina, said Protective
Covenants and Restrictions for Woodlands Subdivision being for the
use and benefit of all future owners of lots in Section II,
Woodlands Subdivision, as the same is identified on that certain
plat prepared by Prestige Engineering and Land Surveying Company,
P. A. , for Section I".• dated June 22, 1994, and recorded in Map
Book , Page •J , Carteret County Registry;
W I T N E S S E T H:.
WHEREAS, Developer heretofore recorded Protective Covenants
and Restrictions for Woodlands Subdivision (Section I ) in B ok 726 ,
Page 258, Carteret County Registry, with a plat of Section I being
recorded in Map Book 28, Page 558 , Carteret County Registry, with
said covenants being executed and recorded in order to promote a -
uniform and harmonious development of said lands as a desirable
residential community;
WHEREAS, in Paragraph 13 of said Protective Covenants and
Restrictions for Section I, Developer reserved the right to add
future sections and properties to the Protective Covenants for
Woodlands Subdivision as recorded in Book 726, Page 258, Carteret
. County Registry;
.. y
NOW, THEREFORE, , pursuant to the Protective Covenants and
'Restrictions and for the purposes setforth therein, Developer does
hereby covenant and agree with all persons, firms or corporations
now owning or hereafter acquiring any portion of Section II of
Woodlands Subdivision, that the use of lots in Section II in
woodlands Subdivision is hereby made subject to the following
restrictions, covenants, terms and conditions which shall run with
said land and shall ba binding on all property owners within said
Subdivision and their successors and assigns .
1. Addition oil Section II To Protective Covenants .
Developer does hereby add all of Section II of Woodlands
Subdivision as recorded aforesaid to Woodlands Subdivision, and
does submit ail of the lots in Section II to the terms and
conditions of said protective covenants as recorded in Book 726 ,
Page 258, Carteret County Registry, so that all of said protective .
covenants and restrictions shall run with the lots in Section II
and shall bind and inure to the benefit of all "owners of lots in
Section II and their heirs, successors in interests and assigns, in
accordance with said recorded covenants and conditions . The
definition of " lot" in Section I (C) is amended to also include all
f : \apps\docs\woodland. ame
C.>
I i) ,Z
BOO C _PAGE------

of the numbered lots shown on the recorded map of Section II of
Woodlands Subdivision.
2. Applicability. Lots 9 through 13, and Lots 31 through
33, Section II, Woodlands Subdivision as shown on the recorded map,
are expressly made subject to the operations of these covenants .
All of the terms and conditios of said Protective Covenants
including reservations by the Developer, limitations • as to
residential use, minimum building requirements, restrictions on
built-up area, easements, and all other terms and conditions of
said Protective Covenants shall be applicable to all of the
numbered lots within Section II , Woodlands Subdivision, and shall
be binding on all owners of the same and their heirs, successors in
interest and assigns .
•
•'' 1••`. IN,WITNRSS WHEREOF, the Developer has executed this Amendment
to s`& d cove iants on the day a-id year first above written.
: t . Mercer Building Company
7 J
= 0. ' . 3 .$. •` , P t
, : 'NA ident
:Att s.i:
i:: cretary
.4 __. . ."...
STATE OF NORTH CAR01eINA COUNTY OF CARTERET
I, a Notary Public of the County and State aforesaid, certify
that .7-LA 1 h S• A-kJ-V-1— , personally came before me this day and
acknowledged that she is the Secretary of Mercer Building Company,
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 as its Secretary.
Witness my hand and official stamp or seal, this the 64 day
of July, 1994 . .. s' _pi-
Notary Public ,1s-,
f/ � 4 N, � , I
My Commission expires: /,%�; ��+•`��tE�.�� ,
Prepared by: Richard I..,= Stanley VLAE'v y?
P.O. Box 150 =• • — • c
Beaufort, NC 28515 : c,: 1JBt %
I+��\�� .•������... is..,,b
N�:
f: \apps\does\woodland.ame 2
2,,7x-f '-

•
7 ILI S\-9tniza\ . _
lA
STATE OF NORTH CAROLINA AMENDMENT TO PRE COVENANTS
AND RESTRICTIONS OR WOODLANDS
COUNTY OF CARTERET SUBDIVISION (SECTION III)
This Amendment to Protective Covenants and Restrictions made
this day of September, 1994, by Mercer Building Company, a
North Carolina Corporation, Beaufort, No:_. Carolina, said
Protective Covenants and Restrictions for Wccd_ands Subdivision
being for the use and benefit of all future owners of lots in
Seotio}r III, Woodlands Subdivision, as the same is identified on
that certain plat prepared by Prestige Engineering and Land
Surveying Company, P. A. , for Section III dated September q ,
1994, and recorded in Map Book .fr , Page 4 7? , Carteret County
Registry.;
W I T N E S S E T H:
WHEREAS, Developer heretofore recorded Protective Covenants
and Restrictions for Woodlands Subdivision (Section I) in Book 726,
Page 258, Carteret County Registry, with a plat of Section I being -
recorded in Map Book 28, Page 558 ,. Carteret County Registry, .with .
said covenants being executed and recorded in order to promote a
uniform and harmonious development of said lands as a desirable
residential community;
WHEREAS, in Paragraph 13 of said Protective Covenants and
Restrictions for Sec-_:r. I , Developer reserved the right to add •
future sec irons and properties to the or:.tact -ie Covenants for
Woodlands Subdivision -as recorded in Book 725, Page 258 , Carteret
County Registry;
WHEREAS, Developer has brought Section II of Woodlands
Subdivision under the Covenants by recordation of the map in Map
Book 28, page 538 , and recordation of the Amendment in Beck 739 ,
page 724 ;
NOW, THEREFORE, pursuant to the Protective Covenants and
Restrictions and for the purposes setforth therein, Developer does
hereby covenant and agree with all persons, firms or corporations
now owning or hereafter acquiring any portion of Section III of
Woodlands Subdivision, that the use of lots in Section III in
Woodlands Subdivision is hereby made subect to the following
restrictions, covenants, terms and conditions which shall run with
said land and shall be binding on all property owners within said
Subdivision and their successors and assigns.
1. Addition of Section III To Protective Covenants.
Developer does hereby add all of Section I_= of Woodlands
Subdivision as recorded aforesaid to Woodlands Subdivision, and
does submit all of the lots in Section I.'_ to the terms and
conditions of said protective covenants as recorded in Book 725 ,
f: \apps\docs\Nood_an2 .ame
� 7. � —
Boo — --.PAGE

a
Page 258, Carteret County Registry, .so that all 'of said protective
' covenants and restrictions shall run with the lots in. Section III
and shall bind and inure to the benefit of all owners of lots in
Section III and their heirs, successors in interests and assigns,
in accordance with said recorded covenants and conditions . The
definition of "lot" in Section I (C) is amended to also include all
of the numbered lots shown on the recorded map of Section III of
Woodlands Subdivision.
2 . Antlicabili tv. Lots 14 thrcurTh 30 , Section I
Woodla is $ubdiv;.sion as shown on the recorded map, are expressly
made subject to the operations of these covenants. All of the terms
and conditions of said Protective Covenants including reservations
by the Developer, limitations as to residential use, minimum
building' requirements, restrictions on built-up area, easements , _
and all other terms and conditions of said Protective Covenants
shall be applicable to all of the numbered lots within Section TIC
Woodlands Subdivision, and shall be binding on all owners cf the
same and their heirs , successors in interest and assigns .
IN WITNESS WHEREOF, the Developer has executed this Amendment_
to-sdid ck venants on the day and year first above Written. •
..-ea ;'.,.........irr„;,,'�y: ,;•.. 1y Mercer Building Company
"I 'r = .C�f. y: PYis=went
4. - "" ,
• - - =t► ary . \
ST 'E.„O ORTH CAROLINA COUNTY OF CARTERET
. I, a Notary Public of the County and State aforesaid, certify
that v0//Ae r 40,4r cc,a , personally came before me this la-: and
acknowledged that she is the Secretary of Mercer 3ylding Company,
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 as its Secretary.
= 7464Witness my hand and official stamp or seal, th ins thee"___ oe
of September, 1994 . Z / �,; -
, , ,,,, (.c -,-/-- --
Notary Public•
My Commission expires: / S� ,'
Prepared by: Richard L. Stanley, P.O. Sox 130, Bea t. NC '"'4
: !a10f Y .
. �
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: flocs\'rtoodlan2 .ame 2 �jV�1, , �
•
BOOK___44, _ �,. .t fi ^ lJ 5. /« . _

e4104.
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
September 18, 1996
Mr. Gary Mercer
Storage Plus, Inc.
'1301 Lennoxville Road
Beaufort, North Carolina 28516
Subject: COMPLIANCE INSPECTION
Woodlands Subdivision
Stormwater Project No. SW8 930809
and SW8 951110 (Phase III)
Carteret County
Dear Mr. Mercer:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of both projects' stormwater controls
conducted on September 16, 1996 to determine compliance with Stormwater Certification Number SW8
930809 and Permit Number SW8 951110 for Phase III issued to you on October 25, 1993, and February
28, 1996, respectively.
A summary of the fmdings and comments are noted under Section 6 of the report. Please inform
this Office in writing before October 18, 1996 of the specific actions that will be undertaken and the time
frame required to correct the'deficiencies. Failure to provide the requested information, when required,
may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
41d6u
Linda Lewis
Environmental Engineer
JBB/ar1:-. S:1WQS\STORMWAT\INSPECT\930809.SEP
cc: Central Files
era jis
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845•Telephone [phone] i Fax [phone]
An Equal Opportunity Affirmative Action Employer

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Woodlands Subdivision
Project Number: SW8 930809 and SW8 951110 (Phase III)
Control Measure: 30% Low Density with Curb Outlet System
Water Body: Deep Creek Classification: C
Directions to site, address: Off State Road 1133 at Caroline Avenue and New Bern Street
in Newport, NC.
2. Inspection Date: September 16, 1996
Weather Conditions: Warm, partly cloudy
3. Comparison of Approved plans vs. As-Built: See comments below
4. Maintenance Problems:
a. The swale located at the end of Thomas Court is not 100' long. There is silt fencing placed
across the flow path of the swale, resulting in the undercutting and erosion of the slopes due
to the runoff bypassing around the ends of the silt fence.
b. Some areas of the swale at Thomas Court are eroded. An adjoining property owner has a
drain pipe from the gutter system of the house laying on the ground, which is causing
erosion of the yard into the swale.
5. PE Certification Received? NO Recorded Deed Restrictions Received? NO
6. Comments:
a. Please remove the silt fence, and replace with rock check dams, per NC Erosion Control
specifications.
b. Consult with the owner of Lot 27 to bury the drain tile and have it release into the swale,
or, if burying the pipe is not desired, have him provide some type of flow spreader
mechanism to promote non-erosive sheet flow into the swale, rather than the concentrated,
erosive flow currently seen.
c. Provide the Engineer's Certification for construction of the swales per the plans.
d. Provide copies of the recorded deed restrictions for both phases of Woodlands covered by
Stormwater requirements which indicate the allowable built-upon area per lot. For 930809,
the limit is 5,100 square feet, and for 951110, it is 3,500 square feet.
e: Have the subdivisions been released by the Town of Newport? Their responsibility for
maintenance of the swales will not begin until they accept the subdivisions. You will have
to bring the swales into compliance prior to acceptance by the Town.

Woodlands Subdivision
Inspection Report, Page 2
SW8 930809 and SW8 951110
September 18, 1996
f. Your mailing address appears as Lennoxville Road for the 951110 permit, but it is listed
as Front Street for the 930809 Certification. Which one is correct? If your mailing address
has changed, you are required to notify this Office in writing. Please provide a list of all
permit numbers and project names issued to you so that we can make appropriate changes
in the data base.
Inspector: Linda Lewis % 11
0----'
Water Quality/Wilmington Regional Office/[phone]
JEB/arl: S:\WQS\STORMWAT\INSPECT\930809.SEP